The OIRA Module: Published Research

From: Law360/SSRN

By Andrew Oringer and Samuel Scarritt-Selman

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Conclusion

One may wonder whether there are lessons in the cases described above for future
policymakers, as the ability of regulatory efforts to withstand judicial scrutiny is clearly not to
be taken for granted. Will it be harmful to a regulation to acknowledge going beyond clear
congressional intent? Will expressions of desire to effect policy change place a regulatory
effort in additional jeopardy? These and other similar questions may be considered with
increasing focus as regulators pursue policy-driven regulatory efforts.

From: The Regulatory Review

Regulatory benefit-cost analysis should account for people’s welfare, not just empirical data.

James Broughel

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In more recent years, there is another area where theory has taken a backseat to empirical measurement: namely, the theory behind benefit-cost analysis (BCA). BCA intends to predict how regulations and other public policies impact society for better or worse. Conspicuously missing from BCA, however, is the necessary theory connecting whatever BCA is measuring to the well-being of actual people.

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From: Public Budgeting & Finance | Volume 38, Issue 2 | Summer 2018

Jason J. Fichtner, Patrick A. Mclaughlin, Adam N. Michel

From: The ANNALS of the American Academy of Political and Social Science

Volume: 678 issue: 1, page(s): 112-123

Kathy Stack

Editor’s Note: See also Expanding the Scope of OIRA Review and A Blueprint for OMB Review of Independent Agency Regulations (March 1, 2002).

From: American Action Forum

Dan Bosch, Dan Goldbeck, Philip Rossetti

EXECUTIVE SUMMARY

• The Trump Administration is considering expanding the White House’s review of regulations to include reviewing the Nuclear Regulatory Commission’s (NRC) rules.
• The NRC is a good candidate for review because its incentive to regulate is misaligned with the safety risks of newer technologies.
• The benefits of expanding regulatory review to the NRC markedly outweigh the costs.

INTRODUCTION

From: Regulatory Studies Center | GW Columbian College of Arts and Sciences

By Bridget C.E. Dooling

Cutting red tape in the Medicare program delivers cost savings while other deregulatory efforts fall short

Download the Regulatory Insight (PDF)

Introduction

Executive Order 13771 imposed new constraints on executive branch regulatory agencies, directing them to cut two rules for any new rule issued and to offset any costs imposed by new rules. The Regulatory Reform Report for fiscal year (FY) 2018, issued last month by the Office of Information & Regulatory Affairs (OIRA), provides an update on agency actions over the course of the year. It shows a present value estimate of $23.4 billion in “overall regulatory costs” saved.

From: Notice & Comment | A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice

by Bridget C.E. Dooling

Earlier this month the U.S. Department of Labor (DOL) issued a proposed rule that may turn out to be the first opportunity to test the Congressional Review Act (CRA) post-disapproval restriction on rulemaking.

Editor’s Note:  See also A Website Dedicated to the Implementation of a Regulatory Budget.

From: The Hill

By J.T. Young, opinion contributor

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A budget would help address regulations’ two major issues: The obvious, affordability, and the overlooked, accountability.

America’s private sector bears the cost of regulation.  Regardless of good intention, costs mount. Regulations have been aptly called an invisible tax.  As with taxes, while often justified by some programs deemed worthwhile, they still subtract from private individuals’ means.  The private sector — individuals and businesses — can do less than they would otherwise — save, invest, and spend.

Editor’s Note: For an invaluable resource on regulatory budgeting, see A Website Dedicated to the Implementation of a Regulatory Budget.

From: Notice & Comment | A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice

by Adam White

A CALL FOR PAPERS

As the White House’s Office of Information and Regulatory Affairs nears its fortieth birthday, we tend to spend a lot of time thinking about its history. But in a constitutional government that is nearly 230 years old, OIRA is actually very, very young—less a monument than an experiment.

From: Science

Wendy Wagner1, Elizabeth Fisher2, Pasky Pascual3