The Policy-Making Process - MIT

The Policy-Making Process - MIT

The Policy-Making Process ESD 11 December 8, 2000 History of the Issue Problem Definition Policies and Methods of Analysis Policy Formulation What can we do? Policy Implementation How do we make it work Stakeholders/ Politics

The Policy-Making Process Policy Instruments Analyst's Frame Cast of Characters Stakeholder Frames Historical Why, How Analytic Methods Decision Makers

Current Conditions Identify the Options Influence Brokers Definition of Options &Means Definition of Strategy Identification of Impediments Evaluation of Impediments Negotiations Regulation

Legislation Enforcement Implementation Tactical Plan Definition of Constituency Formulation Definition of Needed Change Analysis Problem Definition Identify

Issues Problem Definition Issue Identification and Knowledge Base Lung and heart disease Evidence 400,000 + deaths per year attributable to Tobacco Addiction Young smokers Intentional nicotine blending Industry knowledge When (early) What (everything) Current Conditions

Political and Popular movement against tobacco Increasing fear of Cancer Definition of Needed Change Kessler Proposal Prohibit sales to < 18 yr olds Prohibit sales in vending machines Prohibit free samples Prohibit brand name advertising at sporting events

Prohibit advertising on clothing, tote bags, etc Prohibit any advertising within 1000 feet of a school Require any advertising to be black and white text Make distributors responsible for under age sales Create a $150 million fund for anti-smoking Policy Instruments Analysts frame Federal and State Public Health official Analytic methods available Epidemiology Health Causation: Hypothesis If you are a smoker you have a higher than normal probability you will die of respiratory cancer or heart disease

Economic Costs: Hypothesis Smoking is a societal ill. Persons who smoke place an unacceptably high burden on society in terms of loss of productivity and increased medical care requirements Rationale for Action FDA job description Interpretation or fact? Definition of the Means Legal -- State and Federal Courts Administrative -- Issue regulatory orders Assume the authority exists

Legislative -- Propose a change in the law Negotiation -- Bring all the parties to the table Political -- Create an alliance with the President Press -- Feed the media with consumable science Inertia -- do nothing and let the process go forward on its own momentum Cast of Characters On side of greater regulation Stakeholders Health Community Families of dead and dying smokers

Academic / Scientific Community (truth ) Some members of Congress Tax revenues Decision makers Some members of Congress Influence Brokers The President Ex senator Goldwater Why? Bastion of the ultra conservative right Cast of Characters On side of the Tobacco Industry Stakeholders Tobacco Companies

Smokers (tax) Advertising Companies Convenience Store Owners Billboard Owners Some members of Congress Tobacco States Contributions Decision makers Some members of Congress Influence Brokers Some members of Congress Specific members of the Scientific Community Definition of Constituency

Health Community Attorneys General Plaintiffs Bar (?) Families of dead and dying smokers Academic / Scientific Community Some members of Congress interested in increased tax revenues Definition / Evaluation of Impediments Tobacco $ and legal expertise

Insufficient funds Ability to remain at FDA Kessler specifically Congressional resistance Legal / administrative basis for position FDA does / does not have the authority Development of Strategy Attack the industry from as many sides as possible Continuous harassment Move as though the agency has the authority and the resources to enforce it

Force them onto your playing field Develop a coherent policy position on actions required of the industry Get them down and then kick them while they are down Tactical Plan Define required response by industry and assure that their actions are monitorable and enforceable within the resource base (or expected resource base) of the Agency Support (intellectually not financially) plaintiff suits against the industry

Provide information to the media Sway the influence brokers, particularly the President Negotiation / Regulation / Legislation Negotiate Move toward most acceptable position with industry Legislation Write / assist in writing any required change in laws Regulation Write the rules to be implemented and be certain that they are enforceable

Enforcement If all in the industry were to get together and not perform as agreed Anti-Trust Triple damages! RICOH (anti racketeering) Further control as a drug Single Player Fines (large) Imprisonment of executives (unpleasant) Back to the Top...

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