The Regulatory Process

Both political and career executives have a limited set of tools available to achieve policy objectives. Specifically, executives can:

1. Direct Federal resources toward achieving policy objectives, which requires mastery of the budgetary process;
2. Direct private resources toward achieving policy objectives, which requires mastery of the regulatory process;
3. Use the way the Government operates (e.g., what it buys, how it interacts with constituencies, how it delivers services, etc.) to support policy objectives, which requires mastery of guidance development and implementation; or,
4. Use the Government’s access to information and the news cycle to affect public opinion and behavior in support of policy objectives.

Political executives
The components of the regulatory process in which the most interface between career and political executives takes place follow:

• The career executive corps, particularly in agencies with significant regulatory obligations, is constantly developing regulatory proposals in response to statutory mandates, as well as regulatory proposals on the agency’s own initiatives consistent with statutory intent. In addition, the regulatory process requires the development of extensive technical analysis to support regulatory initiatives. It is important to recognize that the regulatory development process often takes longer than the tenure of an individual political executive (or even an Administration). As a result, the political executive is often trying to control this process as a relative outsider. Therefore, the political executive must work very closely with career executives to effect any change through the regulatory
Career and political executives interact with OMB and executives from other departments and agencies through the interagency regulatory review process facilitated by OMB. Prior to publication and public release, significant regulatory actions are submitted to OMB for review. This review ensures that the regulatory action is consistent with Presidential priorities and policies. The review also provides political and career executives from other (non-promulgating) departments and agencies with an opportunity to address any issues they may have relative to the regulatory proposal. Therefore, the potential for career-political interface in this process is broadened considerably. The decision to change the substance of the regulation is typically jointly made by career and political executives. Any OMB-directed changes are negotiated by the appropriate political