created 24 August 2026 · last modified 24 August 2026
advocacy / authority map
Who Has Authority.
A nonprofit advocate's first question is not "contact your representative." It is: who holds decision-making authority over this specific issue, at which level of government, through which mechanism, and when is the window open?
Commercial Surveillance NPRM open intermittently; enforcement is continuous. Watch for new NPRM announcements in the Federal Register.
How to engage
Submit comments to active rulemakings at regulations.gov. File consumer complaints at reportfraud.ftc.gov — volume matters. Request meetings with Bureau of Consumer Protection staff through the public affairs office.
NIST AI Safety Institute / NIST Information Technology Lab
Controls
The AI Risk Management Framework and sector-specific profiles — voluntary now, increasingly referenced in procurement requirements and likely future regulation.
Mechanism
Standards development, public workshops, profile development, sector-specific guidance
Window
Profile development cycles announced at nist.gov/artificial-intelligence. Public workshops are the primary engagement window — usually 60-90 days of public comment.
How to engage
Submit written comments on draft profiles. Attend public workshops — NIST staff read every comment and workshops are genuinely participatory. Request to join sector-specific working groups.
Secure by Design guidance updated quarterly. Critical infrastructure sector plans on annual cycles. Request for Information periods are the primary public engagement window.
How to engage
Respond to RFIs at cisa.gov. Participate in sector-specific Joint Cyber Defense Collaborative (JCDC) working groups — open to private sector and civil society. Submit comments on draft guidance documents.
Senate Commerce, Science, and Transportation Committee
Controls
AI legislation, data privacy bills, telecommunications regulation, consumer protection statutes.
Mechanism
Legislation, oversight hearings, nominations
Window
Hearing schedules published at commerce.senate.gov. Best window is when a bill has been introduced and referred to committee — committee markup is the narrowest and most important window.
How to engage
Submit written testimony to open hearings. Request meetings with majority and minority staff directors — they are the actual drafters. A constituent meeting in a home-state district office carries more weight than a DC meeting.
Congress operates on a two-year cycle aligned with election years. Best window for legislation is the first 18 months of a new Congress.
How to engage
Submit written testimony for open hearings — requests go through the committee's public affairs office. Constituent-facing events in home districts are more accessible than DC hearings. Coalition sign-on letters to the committee chair and ranking member get read.
Review of all significant federal rulemakings before publication; AI use policy for federal agencies (M-24-10); federal procurement standards.
Mechanism
Regulatory review, memoranda to agencies, procurement policy, budget guidance
Window
OIRA review is continuous. OMB memoranda are issued without fixed schedule — watch Federal Register for related NPRMs. Agency AI use inventories updated annually.
How to engage
Submit comments on any significant NPRM — OIRA review happens before and after, and OIRA staff read public record. Request meetings with OIRA desk officers for specific rulemakings — this is technically public but rarely used by civil society.
FederalEducationCriminal Justice
Dept. of Education — Office for Civil Rights
Controls
Civil rights enforcement in educational settings, including algorithmic discrimination; Title VI, IX, and Section 504 enforcement.
Complaints can be filed at any time. Policy guidance cycles are tied to administration priorities — watch for Dear Colleague Letters and Requests for Information.
How to engage
File formal complaints — they create an administrative record even if not immediately investigated. Submit comments on open guidance documents. Request technical assistance for specific institutional issues.
FederalEducation
Dept. of Education — Office of Elementary and Secondary Education
Controls
Title I funding, ESSA accountability framework requirements, state plan approval.
Mechanism
State plan approval (renewed every few years), peer review, waiver authority, non-regulatory guidance
Window
State plan revision cycles vary by state — watch for your state's ESSA plan amendment process. Federal guidance is issued with public comment periods.
How to engage
Engage at the state plan level — this is where the real decisions happen. Submit comments on federal ESSA non-regulatory guidance when open. Attend state board of education public hearings when ESSA plans are being revised.
FederalHealth & Medicine
CMS — Centers for Medicare & Medicaid Services
Controls
Conditions of Participation for hospitals — the substrate requirements hospitals must meet to receive Medicare/Medicaid funding. Covers staffing, environment, quality systems.
Mechanism
Conditions of Participation rulemaking, survey and certification, value-based purchasing
Window
Annual Conditions of Participation updates in spring/summer each year. IPPS and OPPS proposed rules are the primary vehicles — comment periods are typically 60 days.
How to engage
Submit comments on annual IPPS/OPPS proposed rules — these are the most important rulemaking vehicles. CMS holds Open Door Forums for specific provider types — open to the public and an underused engagement point.
FederalFinance & Markets
Securities and Exchange Commission
Controls
Market microstructure rules, payment for order flow, dark pools, clearing and settlement requirements, broker disclosure (Rule 606).
SEC regulatory agenda published twice yearly in the Unified Agenda. Market structure rulemakings cycle through 60-90 day comment periods — best opportunity is at the proposed rule stage.
How to engage
Submit comments on proposed rules at regulations.gov — retail investor comments on market structure get attention because they are rare. Request meetings with SEC Division of Trading and Markets staff through the public affairs office.
FederalWater & Watershed
EPA — Office of Water
Controls
Clean Water Act implementation, WOTUS definition (what counts as a protected water body), watershed grant programs, water quality standards.
Mechanism
Rulemaking (WOTUS and water quality standards), grant programs (Section 319, 604(b)), state program approval
Window
WOTUS rules recur with each administration — the most consequential rulemaking for watershed governance. Water quality standards are set by states with EPA approval on rolling cycles.
How to engage
Submit comments on WOTUS and water quality standard rulemakings — these are high-stakes and high-volume comment periods where specific local impact evidence is especially influential. Apply for Section 319 nonpoint source grants — they fund community-level watershed work.
FCC regulatory agenda driven by commission composition — net neutrality rulemakings have cycled repeatedly. Open Internet proceedings are the most important window for protocol-layer advocacy.
How to engage
File comments in open proceedings at fcc.gov/ecfs. The FCC's Electronic Comment Filing System is one of the most accessible federal comment systems. Ex parte meetings with commissioners and staff are publicly disclosed — this is a useful transparency mechanism.
Enforcement is opportunistic — tied to complaints, investigations, and political moment. Multistate AG coalitions form around high-visibility targets. Watch for AG press releases signaling investigation priorities.
How to engage
File formal complaints — AG offices track complaint volume as signal of issue priority. Submit comments on AG-issued guidance or proposed rules (California AG, New York AG, and Illinois AG have the most active AI enforcement programs). Request meetings with consumer protection bureau staff.
State Legislature — Commerce, Judiciary, and Education Committees
Controls
State-level AI regulation, data privacy statutes, algorithmic accountability bills, education funding and accountability systems, healthcare staffing standards.
Mechanism
Legislation, committee hearings, budget riders, interim study resolutions
Window
State legislative sessions vary — most run January through May or June. The first 60 days of session is the window for introduction; committee hearings are the most accessible public participation point.
How to engage
Submit written testimony to committee hearings — state legislatures are far more accessible than Congress. Schedule direct meetings with committee chairs and ranking members — a constituent organization can often get a 30-minute meeting. Coalition sign-on letters to committee chairs matter.
StateEducation
State Boards of Education / State Education Agencies
Controls
ESSA state plan content, state assessment systems, teacher licensing standards, school accountability frameworks, facility condition reporting requirements.
Mechanism
Regulatory rulemaking, policy adoption, ESSA plan development, annual reporting requirements
Window
State board meetings are monthly and public. ESSA state plan revisions happen on irregular cycles — watch for notice of amendment processes. State assessment RFPs (issued every 5-7 years) are a major window for changing what gets measured.
How to engage
Attend monthly state board meetings and submit public comment — state boards respond to sustained constituent pressure in ways that state legislatures often do not. Submit comments during ESSA plan revision processes. Organize constituent testimony from teachers and parents for specific board agenda items.
StateWater & Watershed
State Water Resources Control Boards / Water Quality Control Boards
Controls
Water rights allocation, water quality standards, basin plans, permit conditions, watershed protection programs.
Mechanism
Permit decisions, water rights hearings, basin plan updates, administrative enforcement
Window
Water rights hearings are triggered by permit applications — watch state water board agendas. Basin plan updates happen every few years and involve extensive public process. Annual budget hearings are a window for program funding advocacy.
How to engage
Participate in permit hearings for projects in your watershed — standing is available to any affected party. Submit comments on basin plan amendments. Request party status in water rights proceedings — this gives you formal intervention rights.
Municipal AI procurement standards, facial recognition bans, predictive policing restrictions, algorithmic hiring requirements, local data governance.
Mechanism
Ordinance, resolution, procurement policy, budget direction
Window
City council meetings are monthly or biweekly with public comment periods. Budget season (spring in most cities) is the window for funding advocacy. Procurement decisions happen throughout the year.
How to engage
Show up to public comment — local officials count heads. Organize constituent testimony from residents across districts. Submit written comment on draft ordinances during the public notice period. Request meetings with council members' district offices — most will meet with organized constituents.
LocalEducation
Local School Boards / School District Governing Boards
Controls
District assessment policy, facility condition investment, staffing ratios, EdTech procurement, local accountability reporting.
Mechanism
Board policy, annual budget adoption, superintendent evaluation, LCAP (California) or equivalent accountability plan
Window
School board meetings are monthly and open. Budget adoption happens in spring. LCAP and equivalent accountability plan development processes run December through June in most states.
How to engage
Attend board meetings and submit public comment — school boards are the most accessible elected body in most communities. Organize parent and teacher testimony for specific agenda items. Request a board study session on substrate measurement — boards can place items on agenda at constituent request.
LocalWater & Watershed
Local Water Districts / Irrigation Districts / Acequia Associations
Controls
Local water allocation, infrastructure investment, rate setting, watershed maintenance, water quality monitoring.
Mechanism
Board decisions, rate hearings, infrastructure bond elections, annual budgets
Window
Board meetings are monthly and public. Rate hearings trigger formal protest processes — any rate increase requires public notice and hearing. Infrastructure bond elections happen on general election cycles.
How to engage
Attend board meetings and ask specific substrate questions: what watershed health indicators are in the annual report? What is the aquifer recharge measurement program? These questions create a public record of what is and isn't being measured.
LocalLand Use & ZoningWater & Watershed
Planning Commissions / Zoning Boards of Appeal
Controls
Local zoning decisions, conditional use permits, environmental review (CEQA/NEPA), general plan implementation.
Mechanism
Permit approvals, variance hearings, general plan amendments, environmental review
Window
Planning commission meetings are monthly; specific project hearings are noticed 10-30 days in advance. General plan updates happen every 8-10 years and are the most consequential window.
How to engage
Submit written comments on noticed projects within the comment period — all submitted comments become part of the administrative record and must be responded to in environmental documents. Organize neighborhood testimony for commission hearings. Request a general plan amendment study — residents can formally request general plan amendments.
EU AI Act implementation, high-risk system classification, GPAI model rules, third-country adequacy decisions that affect US companies operating in EU.
Mechanism
Implementing acts, delegated acts, standards mandates (to CEN-CENELEC), codes of practice
Window
EU AI Act fully applicable August 2026. Codes of practice development through mid-2025. Implementing act consultations announced at digital-strategy.ec.europa.eu.
How to engage
Submit to Have Your Say consultations — the EU's public consultation portal accepts submissions from non-EU organizations. Engage through US-EU Tech and Trade Council stakeholder processes. Academic and civil society organizations can participate in standards development through ANSI (US mirror body to ISO/CEN).
G7 and G20 digital ministerials happen annually; advocacy window is 3-6 months before each ministerial. OECD consultation periods announced at oecd.ai.
How to engage
Submit to OECD AI Policy Observatory consultations at oecd.ai/en/consultations. Engage through national delegations to the OECD — the US delegation is managed by State Dept and USTR. Academic publications cited in OECD reports have disproportionate influence on OECD Principles language.
§cross-domain
Substrate Governance KPIs
Authority mapping without measurement discipline produces advocacy without feedback. These four cross-domain KPIs track whether substrate governance — the structural layer beneath policy arguments — is gaining legibility and enforceable protection across issue areas. They apply regardless of which pathway you are pursuing.
KPI XD1
Policy areas with public substrate health indicators
The percentage of major federal policy areas (as defined by the OMB Policy Agenda) that have at least one publicly available, officially sanctioned substrate health indicator — a measure of the underlying social or informational infrastructure, not just program outputs. Most policy areas track outcomes; substrate health indicators track the conditions that make outcomes possible.
Baseline
No formal federal inventory exists. Based on a review of OMB Performance.gov dashboards (2025), fewer than 20% of major federal program areas include any substrate-level indicator. Most dashboards are output or compliance-focused.
Target
At least 50% of OMB-tracked major federal program areas include at least one validated substrate health indicator in public Performance.gov dashboards by 2030.
Source
OMB Performance.gov — performance.gov; GAO Federal Agency Performance Reporting; National Academy for State Health Policy cross-domain indicator tracking.
KPI XD2
Legislative success rate for substrate governance bills
The ratio of substrate governance legislation introduced (bills whose primary mechanism is structuring a substrate — data infrastructure, counselor ratios, phone-free zones, civic curriculum requirements) to bills enacted into law, at both federal and state levels. This tracks whether substrate governance as a legislative category is gaining or losing traction. A rising denominator with a stable or improving ratio is the signal of momentum.
Baseline
No tracking exists at this level of specificity. Proxy: NCSL policy database shows K-12 governance bills introduced vs. enacted. In 2023, approximately 1,400 K-12 bills introduced at state level; ~320 enacted (~23% success rate). Substrate-specific subset not separately tracked.
Target
Establish a tracked category of 'substrate governance' legislation in NCSL and CRS databases by 2028; within 5 years of tracking, achieve at least a 30% enactment rate for introduced substrate bills.
Source
National Conference of State Legislatures (NCSL) — ncsl.org; Congressional Research Service (CRS) bill tracker; LegiScan legislative data API.
KPI XD3
Federal agencies with public algorithmic decision system registries
The number of federal agencies that have published a public registry of algorithmic decision systems used in high-stakes determinations affecting individuals — benefits eligibility, criminal risk scoring, loan decisions, content moderation affecting public services. Algorithmic transparency is a substrate governance requirement: without a registry, no external accountability of the substrate is possible.
Baseline
As of 2025, no federal agency maintains a comprehensive public registry. Executive Order 14110 (Oct 2023) required federal AI inventory disclosures; OMB M-24-10 followed. Initial agency inventories published by approximately 20 agencies, but completeness and public accessibility vary widely. No standardized registry format exists.
Target
All 24 CFO Act agencies publish standardized, annually updated, publicly searchable algorithmic system registries by 2028, with use-case descriptions, affected-population data, and third-party audit availability.
Source
OMB AI Use Case Inventories (ai.gov); EO 14110 implementation tracking; AI Now Institute federal AI accountability reports; Partnership for Public Service AI governance reviews.
KPI XD4
Jurisdictions with enforceable substrate protection standards
The number of U.S. jurisdictions (states, major cities, or federal level) that have enacted legally enforceable standards protecting specific substrate conditions — defined as conditions necessary for the exercise of civic agency that cannot be privately captured or privately withheld. Examples: minimum school counselor ratios backed by funding mandates, data broker opt-out rights with private cause of action, or platform content moderation transparency requirements. Aspiration without enforcement mechanism is not counted.
Baseline
As of 2025: approximately 6 states with funded counselor ratio mandates; 10 states with data broker opt-out rights with some private enforcement mechanism; 2 jurisdictions (EU plus California) with platform transparency requirements that have enforcement teeth. No cross-domain inventory exists.
Target
At least 15 states enact at least one enforceable substrate protection standard with a clear private or public enforcement mechanism by 2030; federal floor legislation in at least one domain.
Source
IAPP (International Association of Privacy Professionals) state privacy law tracker; ASCA counselor ratio policy database; Common Sense Media state platform regulation tracker; Electronic Frontier Foundation state digital rights map.
How to cite
APA 7th ed.
Perkins, C. (2026, May 7). Decision Tree: Who Has Authority. Kinetic Trust Protocol. https://kinetic-trust-protocol.net/advocacy/decision-tree