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Influence and the Administrative Process: Lobbying the U.S. President's Office of Management and Budget


All administrative processes contain points of entry for politics, and the U.S. president's use of the Office of Management and Budget (OMB) to review government regulations is no exception. Specifically, OMB review can open up a pathway for interest groups to lobby for policy change. We theorize that interest group lobbying can be influential during OMB review, especially when there is consensus across groups. We use a selection model to test our argument with more than 1,500 regulations written by federal agencies that were subjected to OMB review. We find that lobbying is associated with change during OMB review. We also demonstrate that, when only business groups lobby, we are more likely to see rule change; however, the same is not true for public interest groups. We supplement these results with illustrative examples suggesting that interest groups can, at times, use OMB review to influence the content of legally binding government regulations.

Corresponding author
Simon F. Haeder is Doctoral Student, Department of Political Science, University of Wisconsin-Madison, 110 North Hall, 1050 Bascom Mall, Madison, WI 53706, 559.908.2704 (
Susan Webb Yackee is Professor, Department of Political Science & the La Follette School of Public Affairs, University of Wisconsin-Madison, 1225 Observatory Drive, Madison, WI 53706, 608.265.6017 (
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Bagley Nicolas, and Revesz Richard L.. 2006. “Centralized Oversight of the Regulatory State.” Columbia Law Review 106: 1260–329.
Balla Steven J., Deets Jennifer M., and Maltzman Forrest. 2011. “Outside Communications and OIRA Review of Agency Regulations.” Administrative Law Review 63 (Special Edition): 149–77.
Baumgartner Frank R., and Jones Bryan D.. 1993. Agendas and Instability in American Politics. 2nd ed. Chicago: University of Chicago Press.
Baumgartner Frank R., and Leech Beth L.. 1998. Basic Interests: The Importance of Groups in Politics and in Political Science. Princeton: Princeton University Press.
Brandt Patrick T., and Schneider Christina J.. 2007. “So the Reviewer Told You to Use a Selection Model? Selection Models and the Study of International Relations.” Unpublished manuscript.
Bressman Lisa Schultz, and Vandenbergh Michael P.. 2006. “Inside the Administrative State: A Critical Look at the Practice of Presidential Control.” Michigan Law Review 105 (1): 4799.
Bueno de Mesquita Ethan, and Stephenson Matthew C.. 2007. “Regulatory Quality under Imperfect Oversight.” American Political Science Review 101 (3): 605–20.
Cameron A. Colin, and Trivedi Pravin K.. 2005. Microeconometrics: Methods and Application. Cambridge: Cambridge University Press.
Cameron A. Colin, and Trivedi Pravin K.. 2010. Microeconometrics Using Stata. Revised ed. College Station, TX: Stata Press.
Clinton Joshua D., and Lewis David E.. 2008. “Expert Opinion, Agency Characteristics, and Agency Preferences.” Political Analysis 16 (1): 320.
Coglianese Cary. 2006. “Citizen Participation in Rulemaking: Past, Present, and Future.” Duke Law Journal 55: 943–68.
Cohen Jeffrey E. 2012. “Interest Groups and Presidential Approval.” Presidential Studies Quarterly 42 (3): 431–54.
Cooper Joseph, and West William. 1988. “Presidential Power and Republican Government: The Theory and Practice of OMB Review.” Journal of Politics 50 (4): 864–95.
Copeland Curtis W. 2009. Federal Rulemaking: The Role of the Office of Information and Regulatory Affairs. Washington, DC: Congressional Research Service.
Croley Steven P. 1998. “Theories of Regulation: Incorporating the Administrative Process.” Columbia Law Review 98: 1168.
Croley Steven. 2003. “White House Review of Agency Rulemaking: An Empirical Investigation.” University of Chicago Law Review 70 (3): 821–85.
DeMuth Christopher C., and Ginsburg Douglas H.. 1986. “White House Review of Agency Rulemaking.” Havard Law Review 99: 1075–88.
Dudley Susan E. 2011. “Observations on OIRA's Thirtieth Anniversary.” Administrative Law Review 63 (Special Edition): 113–29.
Duffy Robert J. 1997. “Regulatory Oversight in the Clinton Administration.” Presidential Studies Quarterly 27: 7190.
Elliott E. Donald. 1994. “TMQ-Ing OMB: Or Why Regulatory Review under Executive Order 12,291 Works Poorly and What President Clinton Should Do about It.” Law and Contemporary Problems 57 (2): 167–84.
Furlong Scott R. 1998. “Political Influence on the Bureaucracy: The Bureaucracy Speaks.” Journal of Public Administration Research and Theory: J-PART 8 (1): 3965.
General Accounting Office. 2003. Rulemaking: OMB's Role in Reviews of Agencies’ Draft Rules and the Transparency of Those Reviews. Washington, DC: General Accounting Office.
Glance Natalie S., and Huberman Bernardo A.. 1994. “The Dynamics of Social Dilemmas.” Scientific American 270 (3): 7681.
Golden Marissa Martino. 1998. “Interest Groups in the Rule-making Process: Who Participates? Whose Voices Get Heard?Journal of Public Administration Research and Theory 8 (2): 245–70.
Government Accountability Office. 2009. Federal Rulemaking: Improvements Needed to Monitoring and Evaluation of Rules Development as Well as to the Transparency of OMB Regulatory Reviews. Washington, DC: Government Accountability Office.
Greene William H. 2012. Econometric Analysis. 7th ed. Upper Saddle River, NJ: Prentice-Hall.
Grimmer Justin, and Stewart Brandon M.. 2013. “Text as Data: The Promise and Pitfalls of Automatic Content Analysis Methods for Political Texts.” Political Analysis 21 (3): 267–97.
Heckman James J. 1979. “Sample Selection Bias as a Specification Error.” Econometrica 47: 153–61.
Holyoke Thomas T. 2004. “By Invitation Only: Interest Group Access to the Oval Office.” American Review of Politics 25 (Fall): 221–40.
Kagan Elena. 2001. “Presidential Administration.” Harvard Law Review 114: 2245–385.
Kerwin Cornelius M. 2007. The Management of Regulation Development: Out of the Shadows. Washington, DC: IBM Center for the Business of Government.
Kerwin Cornelius M., and Furlong Scott R.. 2011. Rulemaking: How Government Agencies Write Law and Make Policy. 4th ed. Washington, DC: CQ Press.
Kerwin Cornelius M., Furlong Scott R., and West William. 2010. “Interest Groups, Rulemaking, and American Bureaucracy.” In Oxford Handbook of American Bureaucracy, ed. Durant R. F.. Oxford: Oxford University Press, 590611.
Kingdon John W. 2010. Agendas, Alternatives, and Public Policies, Update Edition, with an Epilogue on Health Care. 2nd ed. New York: Longman.
Lewis David E. 2008. The Politics of Presidential Appointments: Political Control and Bureaucratic Performance. Princeton: Princeton University Press.
Lewis David E. 2009. “Revisiting the Administrative Presidency: Policy, Patronage, and Agency Competence.” Presidential Studies Quarterly 39 (1): 6073.
Lubbers Jeffrey S. 2006. A Guide to Federal Agency Rulemaking. Washington, DC: ABA Press.
Mayer Kenneth R. 2001. With the Stroke of a Pen: Executive Orders and Presidential Power. Princeton: Princeton University Press.
McGarity Thomas. 1991. Reinventing Rationality: The Role of Regulatory Analysis in the Federal Bureaucracy. Cambridge: Cambridge University Press.
McKay Amy Melissa, and Yackee Susan Webb. 2007. “Interest Group Competition on Federal Agency Rules.” American Politics Research 35 (3): 336–57.
Moe Terry M. 1985. “The Politicized Presidency.” In The New Direction in American Politics, eds. Chubb J. E. and Peterson P. E.. Washington, DC: Brookings Institution Press, 235272.
Moe Terry M., and Wilson Scott A.. 1994. “Presidents and the Politics of Structure.” Law and Contemporary Problems 57: 144.
Nathan Richard P. 1983. The Administrative Presidency. New York: Wiley.
Naughton Keith, Schmid Celeste, Yackee Susan Webb, and Zhan Xueyong. 2009. “Understanding Commenter Influence during Agency Rule Development.” Journal of Policy Analysis and Management 28 (2): 258–77.
Newbold Stephanie P., and Rosenbloom David H.. 2007. “Critical Reflections on Hamiltonian Perspectives on Rule-making and Legislative Proposal Initiatives by the Chief Executive.” Public Administration Review 67 (6): 1049–56.
Peterson Mark A. 1992. “The Presidency and Organized Interests: White House Patterns of Interest Group Liaison.” American Political Science Review 86: 612–25.
Pika Joseph A. 1983. “Interest Groups and the Executive: Presidential Intervention.” In Interest Group Politics, eds. Cigler A. J. and Loomis B.. Washington, DC: Congressional Quarterly Press, 298323.
Pildes Richard H., and Sunstein Cass R.. 1995. “Reinventing the Regulatory State.” University of Chicago Law Review 62: 1129.
Puhani Patrick. 2000. “The Heckman Correction for Sample Selection and Its Critique.” Journal of Economic Surveys 14 (1): 5368.
Rosenbloom David H. 2003. Administrative Law for Public Managers. Boulder, CO: Westview Press.
Rosenbloom David H. 2011. “Federalist No. 10: How Do Factions Affect the President as Administrator-in-chief?Public Administration Review 71 (1): 522–28.
Rudalevige Andrew. 2005. The New Imperial Presidency: Renewing Presidential Power after Watergate, Vol. 3. Ann Arbor: University of Michigan Press.
Rudalevige Andrew. 2009. “The Administrative Presidency and Bureaucratic Control: Implementing a Research Agenda.” Presidential Studies Quarterly 1: 1024.
Schlozman Kay Lehman, and Tierney John T.. 1986. Organized Interests and American Democracy. New York: Harper and Row.
Shapiro Stuart. 2005. “Unequal Partners: Cost Benefit Analysis and Executive Review of Regulations.” Environmental Law Reporter 35: 10433–44.
Shapiro Stuart. 2011. “OIRA inside and Out.” Administrative Law Review 63 (Special Edition): 135–47.
Steinzor Rena, Patoka Michael, and Goodwin James. 2011. Behind Closed Doors at the White House: How Politics Trumps Protection of Public Health, Worker Safety, and the Environment. Washington, DC: Center for Progressive Reform.
Sunstein Cass. 2013. “The Office of Information and Regulatory Affairs: Myths and Realities.” Harvard Law Review 126: 1838–78.
Tozzi Jim. 2011. “OIRA's Formative Years: The Historical Record of Centralized Regulatory Review Preceding OIRA's Founding.” Administrative Law Review 63 (Special Edition): 3769.
Vella Francis. 1998. “Estimating Models with Sample Selection Bias: A Survey.” Journal of Human Resources 33: 127–69.
Wagner Wendy E. 2010. “Administrative Law, Filter Failure, and Information Capture.” Duke Law Journal 59: 1321–432.
Warren Kenneth F. 2004. Administrative Law in the Political System. 4th ed. Boulder, CO: Westview Press.
West William F. 2004. “Formal Procedures, Informal Processes, Accountability, and Responsiveness in Bureaucratic Policy Making: An Institutional Policy Analysis.” Public Administration Review 64 (1): 6680.
West William F. 2005. “The Institutionalization of Regulatory Review: Organizational Stability and Responsive Competence at OIRA.” Presidential Studies Quarterly 35 (1): 7693.
West William F. 2006. “Presidential Leadership and Administrative Coordination: Examining the Theory of a Unified Executive.” Presidential Studies Quarterly 36 (3): 433–56.
West William F., and Barrett Andrew W.. 1996. “Administrative Clearance under Clinton.” Presidential Studies Quarterly 26 (2): 523–38.
West William F., and Raso Connor. 2013. “Who Shapes the Rulemaking Agenda? Implications for Bureaucratic Responsiveness and Bureaucratic Control.” Journal of Public Administration Research and Theory 23 (3): 495519.
Wiseman Alan E. 2009. “Delegation and Positive-Sum Bureaucracies.” Journal of Politics 71: 9981014.
Yackee Jason Webb, and Yackee Susan Webb. 2006. “A Bias towards Business? Assessing Interest Group Influence on the U.S. Bureaucracy.” Journal of Politics 68 (1): 128–39.
Yackee Jason Webb, and Yackee Susan Webb. 2009. “Is the Bush Bureaucracy Any Different? A Macro-empirical Examination of Notice and Comment Rulemaking under ‘43.’” In President George W. Bush's Influence over Bureaucracy and Policy: Extraordinary Times, Extraordinary Powers, eds. Provost C. and Teske P.. New York: Palgrave Macmillan, 41–59.
Yackee Susan Webb. 2006. “Sweet-talking the Fourth Branch: The Influence of Interest Group Comments on Federal Agency Rulemaking.” Journal of Public Administration Research and Theory: J-PART 16 (1): 103–24.
Yackee Susan Webb. 2012. “The Politics of Ex Parte Lobbying: Pre-Proposal Agenda Building and Blocking during Agency Rulemaking.” Journal of Public Administration Research and Theory 22: 373–93.
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