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Office of Information and Regulatory Affairs: Past, Present, and Future

Published online by Cambridge University Press:  17 December 2019

Jim Tozzi
Jim Tozzi*
Affiliation:
Center for Regulatory Effectiveness, 1823 Jefferson Place, NW, Washington, DC 20036, USA, e-mail: [email protected]
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Abstract

This article has three sections, each of which deals with an Executive Order. The first section, “Office of Information and Regulatory Affairs (OIRA) Past,” emphasizes the critical role that Executive Orders played in the formation of OIRA. More specifically, OIRA owes its initial existence to the establishment of a centralized regulatory review system, the Quality of Life Review, which initiated Office of Management and Budget (OMB) review of environmental regulations through the issuance of a directive from OMB. Every subsequent President expanded OMBs powers through the issuance of Executive Orders which culminated in the Iconic Executive Order 12291. The section concludes with the recommendation that a select class of Executive Orders, and OMB Directives, be designated as “Iconic” by the National Archivist in consultation with the OIRA, and then given substantial deference by incoming Administrations. The second section, “OIRA Present,” describes an Executive Order issued during the Kennedy Administration which remains in effect but was promulgated prior to the establishment of OIRA and therefore recommends that a new Executive Order be issued which gives OIRA specific authority to participate in the conduct of interagency reviews of Executive Orders. The third section, “OIRA Future,” describes an Executive Order which implements a regulatory budget (RB) and institutionalizes a mechanism for controlling the size of the administrative state. This final section of the article recommends that the aforementioned Executive Order be reviewed and modified based upon the outcome of a request for public comments, and rules with demonstrated positive net benefits should no longer be accorded an automatic entitlement for issuance as a final rule absent their inclusion in an RB.

Keywords

benefit-cost analysiscentralized regulatory reviewExecutive Orderslaw and regulationOffice of Information and Regulatory Affairsregulatory budget.D61D85D78H1H5K23K32K4L38L51.
Type
Article
Information
Journal of Benefit-Cost Analysis , Volume 11 , Issue 1 , Spring 2020 , pp. 2 - 37
Copyright
© Society for Benefit-Cost Analysis, 2019

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Footnotes

*

Jim Tozzi is a Charter Member of the Senior Executive Service. He served as a career regulatory official in five Presidential Administrations beginning with the Johnson Administration and ending with the Reagan Administration. He was the Assistant Director of the Office of Management and Budget in charge of the Office of Regulatory and Information Policy, the precursor to the Office of Information and Regulatory Affairs, and subsequently was appointed as the first Deputy Administrator of OIRA in OMB.

References

Appelbaum, Binyamin. 2019. The Economists’ Hour: False Prophets, Free Markets, and the Fracture of Society. New York, NY: Little, Brown and Company Google Scholar
Appelbaum , Binyamin, and Shear, Michael D.. 2016. “Once Skeptical of Executive Power, Obama Has Come to Embrace It.” The New York Times, August 13, 2016. Available at https://www.nytimes.com/2016/08/14/us/politics/obama-era-legacy-regulation.html?_r=1.Google Scholar
Bagley, Nicholas, and Revesz, Richard L.. 2006. “Centralized Oversight of the Regulatory State.” Columbia Law Review, 106: 1260.Google Scholar
Behr, Peter. 1981. “If There’s a New Rule, Jim Tozzi Has Read It.” The Washington Post, July 10, 1981. Available at http://thecre.com/pdf/20160228_tozzi.pdf.Google Scholar
Bentsen, Lloyd M. 1979. A bill to Amend the Congressional Budget Act of 1974 to Require the Congress to Establish, for each Fiscal Year, a Regulatory Budget for each Federal Agency which sets the Maximum Costs of Compliance with All Rules and Regulations Promulgated by that Agency, and for Other Purposes. Available at http://www.thecre.com/forum2/wp-content/uploads/2015/08/S-51-2.pdf.Google Scholar
Bergeson, Lynn L., and Campbell, Lisa M.. 2001. “The Tozzi Decision: Another Arrow in Manufacturers’ Quiver in Product Defense Wars.” EPA Administrative Law Reporter, 18(5): 573.Google Scholar
Bosch, Dan. 2018. “Two Months to Go: Regulatory Budget Progress, American Action Forum.” Insight, August 13, 2018. Available at https://www.americanactionforum.org/insight/two-months-to-go-regulatory-budget-progress/.Google Scholar
Breyer, Stephen. 1995. Breaking the Vicious Circle: Toward Effective Risk Regulation. Cambridge, MA: Harvard University Press.Google Scholar
Bull, Reeve T. 2015. Controlling the Cumulative Costs of Regulation: Exploring Potential Solutions. Available at www.thecre.com/forum2/wp-content/uploads/2015/10/Bull-Article.pdf Google Scholar
Bush, George W. 2002. Executive Order 13258 – Amending Executive Order 12866 on Regulatory Planning and Review, February 26, 2002. Available at https://www.presidency.ucsb.edu/documents/executive-order-13258-amending-executive-order-12866-regulatory-planning-and-review.Google Scholar
Bush, George W. 2007. Executive Order 13422 – Further Amendment to Executive Order 12866 on Regulatory Planning and Review, January 18, 2007. Available at https://www.presidency.ucsb.edu/documents/executive-order-13422-further-amendment-executive-order-12866-regulatory-planning-and.Google Scholar
Carter, Jimmy. 1978. Executive Order 12044 – Improving Government Regulations, March 23, 1978. Available at https://www.presidency.ucsb.edu/documents/executive-order-12044-improving-government-regulations.Google Scholar
Carter, Jimmy. 1981. State of the Union Address, January 16, 1981. Available at https://www.jimmycarterlibrary.gov/assets/documents/speeches/su81jec.phtml.Google Scholar
Center for Regulatory Effectiveness (CRE), CCCR. n.d. Controlling the Cumulative Costs of Regulation. Available at http://www.thecre.com/forum2/?p=939.Google Scholar
Center for Regulatory Effectiveness (CRE), OMB Papers. n.d. Review of Review: OMB Papers on Centralized Regulatory Review. Available at http://thecre.com/ombpapers/Obama_review.html.Google Scholar
Center for Regulatory Effectiveness (CRE), Unfinished Business. n.d. OMB Papers on Centralized Regulatory Review, Unfinished Business. Available at http://www.thecre.com/ombpapers/unfinished.htm.Google Scholar
Council on Foreign Relations. 2015. Renewing America: Progress Report and Scorecard, Quality Control: Federal Regulation Policy, March 2015, p. 9. Available at http://i.cfr.org/content/publications/attachments/Federal%20Regulation%20Report.pdf.Google Scholar
Crews, Clyde Wayne. 1996. Promise and Peril: Implementing a Regulatory Budget, Competitive Enterprise Institute, April 1996. Available at http://www.thecre.com/forum2/wp-content/uploads/2015/08/Promise-and-Peril-Wayne-Crews.pdf.Google Scholar
DeMuth, Christopher C. 1980. “Constraining Regulatory Costs – Part II: The Regulatory Budget.” The American, April 6, 1980. Available at https://www.aei.org/publication/constraining-regulatory-costs-part-ii-the-regulatory-budget/.Google Scholar
DeMuth, Christopher C. 2011. “OIRA at Thirty.” Administrative Law Review, 63(Special Edition): 15–25.Google Scholar
Dieterle, C. Jarrett. 2017. “Lessons from the Godfather of Regulatory Budgeting.” The Hill, February 23, 2017. Available at http://thecre.com/pdf/20170226_hill.pdf.Google Scholar
Dodds, Graham G. 2008. “By Order of George W. Bush: The Unilateral Directives of a Unilateralist President.” The American Review of Politics, 29(Fall): 197–213.CrossRefGoogle Scholar
Doern, G. Bruce. 2009. A Regulatory Budget and a Strategic Regulatory Agenda: Twin Reforms for More Strategic, Integrated and Democratic Regulatory Governance, Regulatory Governance Brief, No. 1, Carlton University, January 2009. Available at http://www.thecre.com/forum2/wp-content/uploads/2015/08/Reg-Budget-Doern1.pdf.Google Scholar
Dudley, Susan E. 2016. “Can Fiscal Budget Concepts Improve Regulation?” Legislation and Public Policy , 19: 259. Available at http://www.nyujlpp.org/wp-content/uploads/2016/06/Dudley-Can-Fiscal-Budget-Concepts-Improve-Regulation-19nyujlpp259.pdf.Google Scholar
Elliott, E. Donald. 2017. “President Trump Establishes Regulatory Budgets by Executive Order.” Inside Energy & Environment, February 1, 2017. Available at https://www.insideenergyandenvironment.com/2017/02/president-trump-establishes-regulatory-budgets-by-executive-order/.Google Scholar
Emery, Andrew, and Prosnitz, Susan. 2018. “American Bar Association/Section of Administrative Law and Regulatory Practice.” In Administrative Law Conference, Washington, DC, November 1–2, 2018. Available at https://www.thecre.com/oira/wp-content/uploads/2018/11/ABAAdLawConference-AgendaNovember2018.pdf.Google Scholar
Eckstein, Otto. 1958. Water Resource Development – The Economics of Project Evaluation. Cambridge, MA: Harvard University Press.Google Scholar
Ford, Gerald R. 1974. Executive Order 11821 – Inflation Impact Statements, November 27, 1974. Available at https://www.presidency.ucsb.edu/documents/executive-order-11821-inflation-impact-statements.Google Scholar
Fuchs, Ralph F. 1938. “Procedure in Administrative Rule-Making .” Harvard Law Review, 52: 259–280.CrossRefGoogle Scholar
Goad, Benjamin. 2014. “Rubio Wants ‘National Regulatory Budget’.” The Hill, March 10, 2014. Available at https://thehill.com/regulation/pending-regs/200351-rubio-pitches-budget-for-federal-regulations.Google Scholar
Graham, John D., and Liu, Cory R.. 2014. “Regulatory and Quasi-Regulatory Activity without OMB and Benefit-Cost Review.” Harvard Journal on Legislation, 37: 425, 426, 445.Google Scholar
Granquist, Wayne G., and Tozzi, Jim. 1980. Statement on H.R. 6410 Paperwork Reduction Act of 1980 before a Subcommittee of the Committee on Government Operations, U.S. House of Representatives, Ninety-sixth Congress (Second Session), February 7, 21, and 26, 1980. Available at http://www.thecre.com/ombpapers/PaperWorkReductionAct.htm.Google Scholar
Gray, C. Boyden. 2017. “The President’s Constitutional Power to Order Cost-Benefit Analysis and Centralized Review of Independent Agency Rulemaking.” Mercatus Working Paper, May 31, 2017. Available at https://www.mercatus.org/publications/cost-benefit-analysis-centralized-review-independent-agency-rulemaking-trump.CrossRefGoogle Scholar
Grossman, Andrew M. 2017. “An Administration Takes Sides.” 36 Yale Journal on Regulation: Notice & Comment, May 25, 2017. Available at http://yalejreg.com/nc/an-administration-takes-sides-by-andrew-m-grossman/.Google Scholar
Hamilton, Walton H. 1919. “The Institutional Approach to Economic Theory.” The American Economic Review, 9(1): 309–318.Google Scholar
Hopkins, Thomas, and Stanley, Laura. 2015. “The Council on Wage and Price Stability: A Retrospective.” Journal of Benefit Cost Analysis, 6(2): 400–431.CrossRefGoogle Scholar
Johnston, Jason Scott. 2002. “A Game Theoretic Analysis of Alternative Institutions for Regulatory Cost-Benefit Analysis.” University of Pennsylvania Law Review, 150: 2002.Google Scholar
Jones, Laura. 2015. “Regulatory Reform: Lessons from Canada.” Real Clear Policy, December 20, 2015. Available at https://www.mercatus.org/expert_commentary/regulatory-reform-lessons-canada.Google Scholar
Katzen, Sally. 2011. “OIRA at Thirty: Reflections and Recommendations.” Administrative Law Review, 63(Special Edition): 103–112.Google Scholar
Kennedy, John F. 1962. Executive Order 11030 – Preparation, Presentation, Filing, and Publication of Executive Orders and Proclamations, June 19, 1962. Available at https://www.archives.gov/federal-register/codification/executive-order/11030.html.Google Scholar
Kirschten, Dick. 1983. “The Twenty Years War.” National Journal, June 11, 1983. Available at http://thecre.com/pdf/20_Years_War.pdf.Google Scholar
Kundu, Tapas, and Nilssen, Tore. 2018. Delegation of Regulation. Oslo, Norway: Oslo University, Department of Economics.Google Scholar
Kwak, James. 2019. “How Economists Turned All of Society into a Market.” Washington Post, September 19, 2019. Available at https://www.washingtonpost.com/outlook/how-economists-turned-all-of-society-into-a-market/2019/09/19/c5e2faac-be0b-11e9-a5c6-1e74f7ec4a93_story.html.Google Scholar
Laffon, Jean-Jacques , ed. 2003. The Principal Agent Model: The Economic Theory of Incentives. Cheltenham, UK: Edward Elgar Publishing.Google Scholar
Lee, Mike. 2014. Regulatory Cost Assessment Act of 2014. Available at http://www.thecre.com/oira_reg/?p=7995.Google Scholar
Lee, Mike. 2016. Article I Regulatory Budget Act of 2016. Available at https://www.congress.gov/bill/114th-congress/senate-bill/2982/.Google Scholar
Listokin, Yair. 2014. “Bounded Institutions.” Yale Law Journal, 124(2): 339.Google Scholar
Lubbers, Jeffrey S. 2018. A Guide to Federal Agency Rule Making, 6th ed. Chicago, IL: American Bar Association.Google Scholar
Ludlam, Chuck. 2003. Oral History Project, The Senate Legal Counsel, Interview #1, United States Senate. Available at https://www.senate.gov/artandhistory/history/resources/pdf/Ludlam_Interview1.pdf.Google Scholar
Marshall, Edward G. 1982. The Regulators: Our Invisible Government, WVIA-TV; Learning Corporation of America. Available at http://www.thecre.com/forum8/?p=1660.Google Scholar
Mashaw, Jerry L., and Berke, David. 2018. “Presidential Administration in a Regime of Separated Powers.” Yale Journal of Regulation, 35: 549.Google Scholar
McLaughlin, Patrick A. 2015. “Bold Regulatory Reform Is Necessary for Economic Growth.” National Review, September 25, 2015. Available at https://www.nationalreview.com/2015/09/jeb-bush-regulatory-reform/.Google Scholar
Meadows, Mark. 2017. H.R.2623 – Lessening Regulatory Costs and Establishing a Federal Regulatory Budget Act of 2017. Available at https://www.congress.gov/bill/115th-congress/house-bill/2623/text.Google Scholar
Metzger, Gillian E., and Stack, Kevin M.. 2017. “Internal Administrative Law.” Michigan Law Review, 115(8): 2017.Google Scholar
Miller, Gary J. 2005. “The Political Evolution of Principle-Agent Models.” Annual Review of Political Science, 8: 203–225.CrossRefGoogle Scholar
Miller, James C. 2011. “The Early Days of Reagan Regulatory Relief and Suggestions for OIRA’s Future.” Administrative Law Review, 63(Special Edition): 93–101.Google Scholar
Morrison, Alan B. 1986. “The Administrative Procedure Act: A Living and Responsive Law.” Virginia Law Review, 72(2): 253–270.CrossRefGoogle Scholar
Newbold, Stephanie P., and Terry, Larry D.. 2006. “The President’s Committee on Administrative Management: The Untold Story and the Federalist Connection.” Administration & Society, 38(5): 2006.CrossRefGoogle Scholar
Nielson, Aaron. 2017. Sticky Regulations, University of Chicago Law Review, Forthcoming; BYU Law Research Paper No. 17-11. Available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2950732.Google Scholar
Pierce, Richard J. 2017. The Regulatory Budget Debate. GWU Law School Public Law Research Paper No. 2017-30; GWU Legal Studies Research Paper No. 2017-30, pp. 8–9. Available at https://papers.ssrn.com/abstract=2952418.Google Scholar
Pierce, Richard J. 2019a. Takeaways from the Conference on the Future of White House Regulatory Oversight and Cost-Benefit Analysis GW Law School Public Law and Legal Theory Paper No. 2019-60; GW Legal Studies Research Paper No. 2019-60. Referenced from https://poseidon01.ssrn.com/delivery.php?ID=865073071082095102107107072109081123118075037049086025106123082112115008098114095103020013021100008051030007122114094102020106051055054015028095064013030005014087056058054092093066097087010105123094120108076123015092119076030069025097100082112001104&EXT=pdf.Google Scholar
Pierce, Richard J. 2019b. Is a Ceiling on Regulatory Costs Reasonable? The Regulatory Review Sep 30, 2019. Referenced https://www.theregreview.org/2019/09/30/pierce-ceiling-regulatory-costs/.Google Scholar
The President’s Committee on Administrative Management. 1937. Report of the Committee with Studies of Administrative Management in the Federal Government, Government Printing Office. Available at https://babel.hathitrust.org/cgi/pt?id=uiug.30112104110959;view=1up;seq=3.Google Scholar
Rasso, Connor. 2018. Report: Trump’s Deregulatory Efforts Keep Losing in Court – And the Losses Could Make it Harder for Future Administrations to Deregulate, Brooking Institution Center on Regulation and Markets, October, 25, 2018. Available at https://www.brookings.edu/research/trumps-deregulatory-efforts-keep-losing-in-court-and-the-losses-could-make-it-harder-for-future-administrations-to-deregulate/.Google Scholar
Reagan, Ronald. 1981. Executive Order 12291 – Federal regulation, February 17, 1981. Available at https://www.archives.gov/federal-register/codification/executive-order/12291.html.Google Scholar
RCAA. 1980. Regulatory Cost Accounting Act of 1980 (proposed). Available at http://www.thecre.com/ombpapers/RegCostAccounting1980.htm.Google Scholar
Rosen, Jeffrey A., and Callanan, Brian. 2014. “The Regulatory Budget Revisited.” Administrative Law Review, 66: 4.Google Scholar
Rosen, Jeff. 2015. “Ongoing Interest in Regulatory Cost Budgets.” 36 Yale Journal on Regulation: Notice & Comment, December 10, 2015. Available at http://yalejreg.com/nc/ongoing-interest-in-regulatory-cost-budgets-by-jeff-rosen/.Google Scholar
Rosen, Jeff. 2016 a. American Bar Association/Section of Administrative Law Council Meeting Agenda – August 6, 2016. Available at https://www.americanbar.org/content/dam/aba/administrative/administrative_law/council_agenda_with_materials_aug%206.pdf.Google Scholar
Rosen, Jeff. 2016 b. “Putting Regulators on a Budget.” National Affairs, 27(Spring): 2016.Google Scholar
Rothman, Lily. 2017. “9 Executive Orders That Changed American History.” Time Magazine, February 6, 2017. Available at https://time.com/4655131/executive-orders-history/.Google Scholar
Rudalevige, Andrew. 2017. “Beyond Structure and Process: The Early Institutionalization of Regulatory Review.” Paper prepared for the Annual Meeting of the Midwest Political Science Association, Chicago, Illinois, April 2017. Available at http://www.thecre.com/forum8/wp-content/uploads/2017/05/Professor-Rudalevige.pdf.Google Scholar
Schmid, A. Allan. 1969. Effective Public Policy and the Government Budget: A Uniform Treatment of Public Expenditures and Public Rules, The Analysis and Evaluation of Public Expenditures: The PPB System, A compendium of Papers submitted to the Subcommittee on Economy in Government of the Joint Economic Committee, Congress of the United States. Volume 1, 91st Congress, 1st Session, 1969, pp. 579-591. Available at www.thecre.com/pdf/Schmid.PDF.Google Scholar
Shane, Peter M. 2011. “The White House Role in Regulatory Policy Making: Time for a Change?” Huffington Post, May 25, 2011. Available at https://www.huffingtonpost.com/peter-m-shane/the-white-house-role-in-r_b_172290.html.Google Scholar
Shultz, George P. 1971. Memorandum for the Heads of Departments and Agencies, “Agency regulations, standards, and guidelines pertaining to environmental quality, consumer protection, and occupational and public health and safety,” October 5, 1971. Available at http://www.thecre.com/ombpapers/QualityofLife1.htm.Google Scholar
Simms, Larry L. 1981. US Department of Justice, Office of Legal Counsel Memorandum, “Proposed Executive Order entitled Federal Regulation,” February 13, 1981. Available at http://www.thecre.com/pdf/DJMemoReaganEO12291PDF.pdf.Google Scholar
Smith, Adam. 1852. An Inquiry into the Nature and Causes of Wealth of Nations. London, UK: T. Nelson and Sons.Google Scholar
Speer, Sean. 2016. Regulatory Budgeting: Lessons from Canada, R Street Policy Study No. 54, March 2016. Available at http://www.thecre.com/forum2/wp-content/uploads/2015/08/Reg-Budget-R-Street.pdf.Google Scholar
Sunstein, Cass R. 2018. The Cost-Benefit Revolution. Cambridge, MA: The MIT Press.CrossRefGoogle Scholar
Tozzi, Jim, J. 1966. An Optimum Mix of Heterogeneous Weapons Systems, Chairman Joint Chiefs of Staff Study Group, 1966. Available at https://thecre.com/pdf/An_Optimum_Mix_of_Heterogeneous_Weapons_Systems.pdf. Google Scholar
Tozzi, Jim. 1969. Establishing Priorities for Public Investments (Interim Report), Office of the Secretary of the Army, Systems Analysis Group (Civil Functions), June 1969, Abstract. Available at https://apps.dtic.mil/docs/citations/AD0689513.Google Scholar
Tozzi, Jim, ed. 1979. Towards a Regulatory Budget: A Working Paper on the Cost of Federal Regulation. Available at http://www.thecre.com/ombpapers/regbudget.html.Google Scholar
Tozzi , Jim. 2009. Jim Tozzi Views on Centralized Regulatory Review, National Archives Interview, March 2009. Available at http://thecre.com/video/National_Archive.html.Google Scholar
Tozzi, Jim. 2011. “OIRA Formative Years: The Historical Record of Centralized Regulatory Review Preceding OIRA’s Founding.” Administrative Law Review, 63(Special Edition): 44–50.Google Scholar
Tozzi, Jim. 2015. Controlling the Cumulative Cost of Regulations, August 27, 2015. Available at http://www.thecre.com/forum2/?p=939.Google Scholar
Tozzi, Jim. 2016. “The Coming of the Regulatory Budget.” The Regulatory Review, January 8, 2016. Available at https://www.theregreview.org/2016/01/08/tozzi-regulatory-budget/.Google Scholar
Tozzi, Jim. 2017 a. Gaming the Giveth and Taketh of Government, March 25, 2017. Available at http://www.thecre.com/forum8/wp-content/uploads/2017/03/Gaming-the-Giveth-and-Taketh-of-Government.pdf.Google Scholar
Tozzi, Jim. 2017 b. An Alternative to the Regulatory Accountability Act? OIRA Watch, May 25, 2017. Available at http://www.thecre.com/oira/?p=7007.Google Scholar
Tozzi, Jim. 2017 c. The Evolution of Benefit-Cost Analysis into Federal Rulemaking, Regulatory Pacesetters, August 16, 2017. Available at http://www.thecre.com/forum8/?p=724.Google Scholar
Tozzi, Jim. 2017 d. A Half-Century of Centralized Regulatory Review, Regulatory Pacesetters, September 29, 2017. Available at http://www.thecre.com/forum8/?p=1092.Google Scholar
Tozzi, Jim. 2017 e. Contributions: Center for Regulatory Effectiveness, Regulatory Pacesetters, December 3, 2017. Available at https://www.thecre.com/forum8/?page_id=1942.Google Scholar
Tozzi, Jim. 2018 a. “A Regulatory Budget Is the Linchpin for the Creation of a National Constituency for OIRA.” 36 Yale Journal on Regulation: Notice & Comment, April 4, 2018. Available at http://yalejreg.com/nc/a-regulatory-budget-is-the-linchpin-for-the-creation-of-a-national-constituency-for-oira-by-jim-tozzi/.Google Scholar
Tozzi, Jim. 2018 b. CRE’s Emphasis on Data Access and Data Quality is Rooted in the Paperwork Reduction Act Amendments of 1995, Regulatory Pacesetters, June 11, 2018. Available at http://www.thecre.com/forum8/?p=2157.Google Scholar
Tozzi, Jim. 2018 c. A Library of Selected Works Which Provide a Basis for the Retention of an Executive Order Based on a Retrospective Review of Executive Order 12291, Regulatory Pacesetters, September 4, 2018. Available at http://www.thecre.com/forum8/?p=2726.Google Scholar
Tozzi, Jim. 2018 d. The Potpourri of Executive Orders, Regulatory Pacesetters, October 6, 2018. Available at http://www.thecre.com/forum8/?p=2970.Google Scholar
Tozzi, Jim. 2019 a. Is OIRA a Manifestation of the Principles Enunciated by Professor Jerry Mashaw? Regulatory Pacesetters, February 17, 2019. Available at http://www.thecre.com/forum8/?p=3291.Google Scholar
Tozzi, Jim. 2019 b. “Benefit-Cost Analysis and the Regulatory Budget.” 36 Yale Journal on Regulation: Notice & Comment, March 11, 2019. Available at http://yalejreg.com/nc/benefit-cost-analyses-and-the-regulatory-budget-by-jim-tozzi/.Google Scholar
Tozzi, Jim. 2019 c. Management of the Administrative State, Regulatory Pacesetters, June 25, 2019. Available at http://www.thecre.com/forum8/?p=3637.Google Scholar
Tozzi, Jim. 2019 d. FINRA: A Prototype for US Regulation of the Social Media, Regulation of the Social Media – A Library, July 25, 2019. Available at http://thecre.com/RegSM/2019/07/25/insert/.Google Scholar
Tozzi, Jim, and Levinson, Bruce. 2014. “Accomplishment Beyond Dollars.” The Environmental Forum, 31 1: 2014.Google Scholar
United Kingdom, Department for Business Innovation & Skills. 2014. The Ninth Statement of New Regulation: Better Regulation Executive, December 2014. Available at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/397237/bis-14-p96b-ninth-statement-of-new-regulations-better-regulation-executive.pdf.Google Scholar
United States Department of Agriculture, Food and Nutrition Service, Food Distribution Program on Indian Reservations (FDPIR). Available at https://www.fns.usda.gov/fdpir/food-distribution-program-indian-reservations-fdpir.Google Scholar
United States Senate Homeland. 2015. Committee on Homeland Security and Governmental Affairs and the Committee on the Budget Hearings, Accounting for the True Cost of Regulation: Exploring the Possibility of a Regulatory Budget, June 23, 2015. Available at https://www.hsgac.senate.gov/hearings/measuring-the-true-cost-of-regulations-lessons-from-great-britain-and-canada-on-implementing-regulatory-reforms.Google Scholar
United States Senate Joint. 2015. Senate Budget & Homeland Security and Government Affairs Committees to Account for True Cost of Regulations, June 23, 2015. Available at https://www.budget.senate.gov/hearings/joint-hearing-by-senate-budget-and-homeland-security-and-government-affairs-committees-to-account-for-true-cost-of-regulations.Google Scholar
University of Minnesota Law School. 2018. Prof. Hickman Named Special Adviser to OIRA, April 18, 2018. Available at https://www.law.umn.edu/news/2018-04-18-prof-hickman-named-special-adviser-oira.Google Scholar
Verkuil, Paul R. 1980. “Jawboning Administrative Agencies: Ex Parte Contacts by the White House.” Columbia Law Review, 80(5): 943.CrossRefGoogle Scholar
Vitarelli, Anthony. 2010. “Happiness Metrics in Federal Rulemaking.” Yale Journal of Regulation, 27(1): 5.Google Scholar
Walker, Christopher J. 2017. “Lawmaking Within Federal Agencies and Without Judicial Review.” Journal of Land Use & Environmental Law, 32: 551–565.Google Scholar
Weingast, Barry R. 1984. “The Congressional-Bureaucratic System: A Principle Agent Perspective (with Application to the SEC).” Public Choice, 44: 147–191.CrossRefGoogle Scholar
White, Adam J. 2018. “Executive Orders as Lawful Limits on Agency Policymaking Discretion.” Notre Dame Law Review, 93: 1569.Google Scholar
White, Adam J. 2019. “Regulatory Reforms and Counter-Reformations.” The Regulatory Review, March 12, 2019. Available at https://www.theregreview.org/2019/03/12/white-regulatory-reforms/.Google Scholar
Wood, Lance D., Laws, Elliot P., and Breen, Barry. 1981. “Restraining the Regulators: Legal Perspectives on a Regulatory Budget for Federal Agencies.” Harvard Journal on Legislation, 18: 1 . Google Scholar