As regulation has become a hot-button issue in recent years, regulatory lobbying has been on the rise. But what is it and is it different from legislative advocacy?
On the legislative side, we are lobbying for or against legislation and dealing with elected officials in Congress. On the regulatory side, we are lobbying for or against regulations and dealing with the executive governmental agencies and their political appointees. These rule-making bodies create regulations to implement legislation as well as define the enforcement measures and consequences.
The rules, policies and regulations enacting a law often have a tremendous impact on how a company conducts business. Regulatory lobbying is narrowly focused on these specific rules, rather than broader issues. Running afoul of governmental policies can result in significant financial penalties and business disruption. It is crucial to express concerns about potential adverse consequences of regulatory (or deregulatory) actions before rules are finalized in order to limit or expand the scope of a statute.
See below for resources to stay informed on the regulatory environment.
Legal Notice of Administrative Rules and Notices
Published every Federal working day, the Federal Register is the official journal of the United States Government. It provides legal notice of administrative rules and notices and Presidential documents in a comprehensive, uniform manner. The Federal Register contains:
- Federal Agency Regulations
- Proposed Rules and Public Notices
- Executive Orders
- Other Presidential Documents.
Comment on Proposed Regulations
Rulemaking is the policy-making process for Executive and Independent agencies of the Federal government. Agencies use this process to develop and issue Rules (also referred to as “regulations”). Members of the public interested in commenting on a regulation may go to Regulations.gov, and, through this website, can participate and impact Federal rules and regulations.
Office of Information and Regulatory Affairs
The Office of Information and Regulatory Affairs (OIRA)—the White House office that serves as a clearinghouse for agency rules—regularly holds private meetings with stakeholders about regulations that are under OIRA review. OIRA provides oversight in the rulemaking process, ensuring that draft agency regulations are congruent with the administration’s priorities, represent good public policy, and are analytically sound. These meetings are referred to “12866 meetings” (in reference to Executive Order 12866, which governs regulatory review.