White House updates rule-busting agenda

From: E&E

Niina Heikkinen, E&E News reporter

The White House this morning released its progress report on efforts to kill or curtail regulations across the government.

The Office of Information and Regulatory Affairs released the biannual report, which tracks agencies’ short- and long-term regulatory goals, with little fanfare.

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Regulatory Budget Stagnates

From: American Action Forum

Dan Goldbeck, Dan Bosch

THIS WEEK’S REGULATORY PICTURE

One can describe “regulatory policy” in many ways: mundane, opaque, monotonous, complex, legalistic. The list goes on. In order to help provide a clearer and more straight-forward view into this world, the American Action Forum (AAF) will seek to provide a brief illustration of a notable regulatory trend we have identified in a given week. This week’s entry: The reinstatement of the Equal Employment Opportunity Commission’s (EEOC) revised form EEO-1.

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OMB Expands FERC Actions Subject to Prepublication Review

From: Power & Pipes (Morgan, Lewis)

A recent policy statement from the Office of Management and Budget (OMB) instructs departments and agencies—including independent agencies like FERC—to submit “guidance documents, general statements of policy, and interpretive rules” to the OMB’s Office of Information and Regulatory Affairs (OIRA) for prepublication review. It also establishes guidelines for the OIRA to apply to properly classify regulatory actions and determine whether they are “major” rules for purposes of the Congressional Review Act (CRA). This major determination process will take full effect on May 11, 2019.

#Eakinomics: How Much Power Does OIRA Have?

From: American Action Forum

Restoring liberty: Paul Ray ’08 revises government regulations

From: The Collegian (Hillsdale College)

By Joel Meng

“I think I have the best job in government,” said Paul Ray ’08, recently appointed acting head of the Office of Information and Regulatory Affairs.

After graduating from Hillsdale College, Ray earned a J.D. from Harvard Law School. He has clerked in the U.S. Court of Appeals Second Circuit and for Supreme Court Justice Samuel Alito. In July 2018, Ray Joined OIRA as deputy administrator. In March 2019, Ray assumed the duties of acting director.

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OMB Improves Implementation of the Data Quality Act

Editor’s Note: OMB’s update today to its Data (Information) Quality Act implementing guidance–including its new instance that an agency which has “performed analysis using a specialized set of computer code, the computer code used to process it should be made available to the public for further analysis…”is consistent with international research standards for data transparency and quality set by the United Kingdom in its Joint Code of Practice for Research (JCoPR), National Environmental Council (NERC) Data Policy and NERC Data Policy Guidance Notes, and NERC’s Guidance on Preservation of NERC Model Code and Model Output.

Checking in on Regulatory Budgets

From: American Action Forum

Douglas Holtz-Eakin

Eakinomics: Checking in on Regulatory Budgets

People have different capacities for suspense. I, for example, have been breathless about whether the Trump Administration could hit its regulatory burden targets this year. After all, fiscal 2017 and 2018 were simply remarkable. After 8 years of the Obama Administration increasing the private sector regulatory burden by over $100 billion annually, the current administration held the increase to $5 billion in fiscal 2017 and reduced the burden by $6 billion in 2018. Stunning. The mechanism for achieving control of regulatory burdens was using the Office of Information and Regulatory Affairs to assign each agency a regulatory budget — an amount by which its rulemaking efforts could increase the cost of compliance for the private sector — and those budget targets were either zero or a negative number. The budgets worked better than I ever believed they could.

OMB, OIRA look to address AI transparency, consistency

From: Federal News Radio

By Jory Heckman

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In addition, the Office of Management and Budget and Office of Information and Regulatory Affairs are both working on guidance, due for public comment this summer, focused on what Parker described as “consistency across agencies in how they think about AI governance.”

While the guidance will give agencies a better sense of best practices around AI, Parker said the administration is also looking to avoid a one-size-fits-all approach.

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Trump’s New Regulations Chief to Oversee Major Rule Rollbacks

From: Bloomberg Government

  • Businesses, environmentalists fighting proposals for changes
  • Low-hanging fruit among Obama’s initiatives has been picked

President Donald Trump, heading into what may be his most consequential year for rolling back restrictions on companies, is counting on Paul Ray, a lawyer with a history of representing oil and gas interests among others, to lead his regulatory affairs office.

The easy cutbacks on rules are long gone, leaving agencies to slash at Obama-era regulations that took years of data, analysis, and lobbying to put in place. Automakers are rebelling against plans to ease emission standards for cars, while environmentalists are shredding the analysis supporting less stringent air-pollution rules.

White House Tightens Central Review of New Agency Rulemaking

From: Government Execuitve

 

By Charles S. Clark

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The Congressional Review Act “establishes a mechanism by which Congress is able to exercise direct oversight of federal agency action in real time, consistent with its role as the sole constitutionally authorized legislative authority,” Vought wrote in his April 11 memo to all agency heads intended to “ensure more consistent compliance with [the act’s] requirements across the executive branch.”