Managing the Regulatory State: The Experience of the Bush Administration

Abstract

This Article traces the history of Presidential management of the regulatory state up to the administration of President George W. Bush. It focuses on the latter\u27s implementation of smarter regulation, an approach to regulation based on unfunded mandates on the private sector implemented through the Office of Management and Budget, an organization within the Executive Office of the President. It finds cost-benefit analysis an essential, yet often neglected, tool for implementing efficient and effective regulations. It concludes the policies promoted under President Bush\u27s OMB have effectively cut costs by streamlining the rule-making process and discouraging adopting new federal rules, but cautions there is still a sea of overlapping regulations and conflict over turf among agencies causing the administrative state to steadily rise in cost