OMB to Increase Transparency of Regulatory Review Process Through Internet
During Congressional testimony on the Paperwork Reduction Act, OIRA Administrator Dr. John Graham discussed development of the Regulatory Information Services Center/OIRA Consolidated Information System (ROCIS). The new OMB system will make publicly available, through the internet, virtually all paper records in OIRA's Docket Library. ROCIS is expected to be fully operational by November 2003.

Data Quality Act: Guidelines Apply to Public Submissions to Agencies
In remarks to the National Economists Club, OIRA Administrator Dr. John Graham said that Data Quality requirements apply to third-parties submitting information to federal agencies. Since the guidelines apply to virtually all information disseminated by agencies, Dr. Graham explained that trade associations and other third parties which submit information to the government intended for citation or other use, must ensure that their information complies with Data Quality standards. Federal contractors are also required to adhere to OMB's Data Quality requirements.

Administration Supports Prescription Drug Plan
OMB has coordinated with relevant federal agencies to issue a Statement of Administration Policy in support of the Medicare Modernization and Prescription Drug Act of 2002 (H.R. 4954). The Policy Statement hails the proposed legislation as a way to strengthen Medicare, particularly by commencing a prescription drug benefit. It would authorize a Medicare-endorsed prescription drug card and temporary assistance to low-income seniors. The legislation also would: (1) promote affordable coverage options that keep up with modern medicine; (2) address chronic underfunding of private plans in Medicare, and (3) provide other regulatory relief and simplification. The Administration pledges to work with Congress to produce a fiscally responsible bill that improves the Medicare system.

OMB Firm on Obligation of Agencies to Comply with its Data Quality Guidelines
OMB's Administrator of OIRA issued a memorandum for all federal agencies pointing out a number of areas in which agency draft guidelines did not appear to be consistent with the OMB guidelines. The memorandum emphasized that agencies need to "commit" to standards which are either the same as those in the OMB guidelines or are consistent with them (§ III). It also requested that agencies not insert statements in their guidelines suggesting that they were free to ignore the OMB guidelines (§ V). CRE also notes, however, that the OIRA memorandum did not cite or quote the provisions of the Paperwork Reduction Act of 1995 which provided the original legal basis for OMB's authority and the agencies' responsibility to comply with the OMB guidelines. The relevant statutory text is therefore provided below.

Advancing the Goals of the Data Quality Act Cited in OMB Prompt Letter to EPA Requesting Improvements to TRI Program
In a Prompt Letter to EPA, OIRA Administrator Dr. John Graham cited the Data Quality Act as the primary justification for a number of recommendations designed to enhance the practical utility of TRI data. The recommendations include establishing a single facility identification number for each reporting facility and speeding release of TRI data. EPA has 60 days to respond to the Prompt Letter.

OMB Ranks Regulatory Investments in Public Health
Utilizing cost-effectiveness ratios, OMB developed a table ranking the public health investments in ten risk-reducing regulations from EPA, OSHA and DOT. The analysis, which includes a discussion of cost effectiveness ranking analysis, was included in the Analytic Perspectives section of the Administration's 2003 budget proposal.

OMB Announces Availability of Agency Inventories of Activities That Are Not Inherently Governmental
Agency Inventories of Activities that are not Inherently Governmental are now available to the public. According to the Office of Management and Budget (OMB), which made the announcement, the public disclosure of the inventories complies with the "Federal Activities Inventory Reform Act of 1998" ("FAIR Act"), which requires OMB to publish an announcement of public availability of the inventories once OMB has completed its review and consultation process regarding the content of the agencies' inventory submissions. In order to view the complete list of agency inventories which have been made public, please refer to the link to the full notice in the Federal Register below.

OMB Issues Data Quality Guidelines Which Provide the Foundation for a Unified Federal Risk Assessment Program
For more than two decades, the federal government has been attempting to establish guidelines for a consistent assessment of comparable risks across various agencies. OMB's recently promulgated Data Quality guidelines will go a long way in reducing such interagency differences. Inconsistencies will be narrowed, in part, because of the modifications made by OMB to its previously published interim Data Quality guidelines, based upon public comment. The Data Quality guidelines, coupled with OMB's regulatory review authorities set forth in Executive Order 12866, require that OMB review the risk assessments that underlie federal regulations to ensure both consistency across agencies and compliance with the guidelines.

OMB Announces Initiative to Improve Federal Agency Management
Emphasizing the "M" in OMB, Director Mitch Daniels unveiled the Administration's Freedom to Manage initiative. Consisting of two proposed bills, the initiative is designed to improve the ability of federal agencies to efficiently and effectively manage their programs. The Freedom to Manage Act of 2001 would provide procedures for agencies to identify statutory roadblocks to good management practices and speed Congressional consideration of their removal. The Managerial Flexibility Reform Act of 2001 would provide increased flexibility to federal officials on personnel and property management issues.

OMB Issues Return Letter to USDA/APHIS on Draft Policy for Primates
OIRA Administrator Graham issued a Return Letter to the USDA's Animal and Plant Health Inspection Service sending back a draft policy on environmental enhancement for non-human primates. In the Return Letter, OIRA cited the need for APHIS to comply with the requirements of Executive Order 12866 and the Paperwork Reduction Act as well as concerns raised by the Interagency Research Animal Committee.

OMB Revives Use of Regulatory Return Letters Under Bush Administration
One useful tool available to OMB to ensure sound regulation is the Regulatory Return Letter, through which rules may be returned to an agency for further consideration. Issuance of a Return Letter may occur for a variety of reasons and does not necessarily indicate opposition to the draft rule. However, under the Clinton Administration, Return Letters fell out of use, with none being issued from 1996 to 2000. The Bush Administration has recently revived use of this important regulatory mechanism, having issued 14 Return Letters since July 2001. CRE strongly supports use of the Return Letters to ensure that federal agencies promulgate rules which are well-reasoned and in compliance with all relevant requirements.