REGULATORS
Published in 2003, Cindy Skrzycki’s book entitled The Regulators: Anonymous Power Brokers in American Politics collates her interesting column articles in her widely-read Washington Post and Bloomberg column, The Regulators which has been into print for the more than 20 years. A seasoned journalist and columnist, Cindy Skrzycki puts together her most compelling and most controversial columns that tackled issues of regulation and the influence of various administrations in shaping the regulations.
Skrzycki’s book gathers her insights on different issues on the regulatory system in the Washington and its impact on the American citizens. In the compilation, the author explains the bureaucracy and explains the real-life circumstances as to power and coverage of the rule-making establishment in the US capital. In the essence, The Regulators examines the world of rulemaking and the entities that surround it.
Ms. Skrzycki provides useful and entertaining analysis on the real story behind the understated but essential work of federal regulators. She explains in her columns how a simple regulation of prunes or mandatory cleanup if the Hudson River can impact the lives of the Americans. She shows the entire complicated process on influencing the regulations in order to make it more useful to the public.
The Regulators provides an introductory course of the regulatory process. It is written in a simple and capturing language that certainly aimed to give a concise overview of the rulemaking process. Because the book compiles the author’s column, it reopens the stories behind the controversial regulatory battles such as the ergonomics rule that took almost 20 years to be passed by the Occupational Safety and Health Administration (OSHA) where the seating and position and movements of working Americans was regulated. It turns out, the regulation was repealed under a Republican-ruled government in 2001.
Aside from the ergonomics, the book also narrates the Food and Drug Administration’s (FDA) efforts on to regulate the “serving size” for hard candy calorie labels. Companies such as Mentos disputed the regulation of the FDA on the 15 grams per serving and asserted that the candies should only have 2 grams per serving on the basis that the people only ate one mint candy per breath malodor elimination. Tic Tac and Altoids also raised their complaints on the regulation.
Furthermore, the book provides a detail on the issue of the measurement of tire inflation because of Firestone’s tire failures that caused multiple deaths in the course of the late 1990’s. The National Highway and Traffic Safety Administration (NHTSA) struggled for its regulation until it was reshaped and softened under the leadership of the younger George Bush in the early 2000’s.
Ms. Skrzycki also delves deeper into the debate over the size of the holes in Swiss cheese and the struggle on the low volume toilet as well as other relevant yet unnoticed issues in transportation food safety, wetland protection, ergonomics standards, and workplace safety. As discussed by the author, the issues presented show how the anonymous power brokers affect the daily lives of the American people and what lobbyists can do to turn the decisions and control the impact of small things on the conditions of the people.
The book also gives an overview on how corporate decisions on products can push rule-makers to agree or disagree to regulate and what costs entail the entire regulatory process.
Aside from the issues, the book is a useful guide on the character of government bureaucrats in various administrations. The bureaucrats’ nature, orientation, and political stanceaffect the regulation process. For instance, the decisions of Clinton are far different from the stance of Bush. Lobbyists and Congress thoroughly and extraneously discussed the different aspects of the rules based on the administration’s stand.
Overall, the book provides a clearer, easier way of understanding the issues of regulations, which is so far, one of the most underappreciated issues but highly affects the lives of the people. Skrzycki uses a lively, useful and witty writing style to present the power struggles, lobbying duels, and complicated battles inside the federal bureaucracy in the last 20 years. She makes known of the dynamics of the anonymous power brokers as manifested in the White House and the Congress, as well the emphasis on the value of human life and dignity over small but important aspects of products, services, and rules, as well as the struggles over “midnight regulations.” Her insights and facts can provide a simple understanding on federal rulemaking based on actual situations.
Furlong and Kerwin (2011) explains that the rulemaking process provides an adept, detailed and scientific expertise that serves as basis for agencies to develop their standards on what would benefit or harm the public.
Rulemaking in the US became apparent with the passage of Administrative Procedure Act (APA) in the late 1940’s. As such, the law provided a “notice and comment” label because of its requirements that urged: 1) publication of a notice on the proposed regulations; 2) public participation through submission of comments in written form; and 3) publication of the finalized rule with explanation (Lubbers, 2010).
The APA explains that the purposes of regulations are: 1) to add scientific expertise; 2) to add implementation detail; 3) to add industry expertise; 4) to add flexibility, and; 5) to find compromise. The aim is to engage the public into participation through information and establishment of standards and scope on rulemaking.
Given this requisite, rulemaking sparked political controversy as the White House can influence the rules depending on the stand of the current administration. The book discusses these in a language, which can be easily understood. Readers of the book and the column can easily grasp the importance of rulemaking and the process that governs rulemaking, including the democrats and republicans’ differing views on regulations.
In Cindy Skrzycki’s book, she presents how the agencies work based on the general framework that The Whitehouse and Congress provide. It delineates the roles and responsibilities, and the accountabilities of the agencies in ensuring that the best interests of the American people are upheld. The book describes the reality that not all regulations can benefit the citizens of America. Depending on the administration, regulations can be changed, modified or reshape in such a way that fits the interests of corporations and the government. The book unveils the political intrigues, power struggles, and the continuing legal struggles that are often unheard or unseen.
The book ultimately challenges the public and the sectors to be more critical and aware of the agencies and regulations as it affects their daily lives. The columns address the need to be more participative just as what the Law urges the public: to exercise the democratic role of the people in a democratic government, and more importantly, to participate and be heard.
References
Kerwin, C. and Scott Furlong (2011). Rulemaking. USA: CQ Press
Lubbers, J. (2010). The US Rulemaking Process: Has it become Difficult? Proceedings from Public Participation. Washington: American University. Retrieved from: http://www.uscg.mil/proceedings/spring2010/articles/66_Lubbers_TheUSRulemakingProcess.pdf
