CRE: Author Posts of OIRA Related Material Encouraged

CRE encourages authors’ of OIRA related material to post on this page:

Our editors will review the material and incorporate it into the OIRA Module at as appropriate.

Your submission will remain on this site for use by others in their refinement of the OIRA Module for their particular use.

CRE Library of OIRA Related Research

Please see

The OIRA Module: OIRA Operating Procedures


The GAO inquiry identified below failed to incorporate the following considerations:

1. If the public is given a copy of the regulation as submitted to OMB the public can than compare it  with the final regulation  issued by the agency to determine the impact of the interagency review.

2. It is naïve to believe that all changes in a final rule are  a result of OMB; for example, individuals from other agencies participate in the discussions and the sponsoring agency changes its position as a result of comments made  by others.

The OIRA Module: Regulatory Impact Analyses


White House Regulatory Impact Analysis


With this document, the Office of Information and Regulatory Affairs is providing a primer to assist agencies in developing regulatory impact analyses (RIAs), as required for economically significant rules by Executive Order 13563, Executive Order 12866, and OMB Circular A-4.


OECD Regulatory Impact Analyses

This handbook provides practical guidance on using Regulatory Impact Analysis (RIA) as a way of improving regulatory quality and, as a result, government effectiveness and efficiency. RIA systems are fundamental to initiatives pursuing a comprehensive improvement in regulatory practices and performance
for both OECD countries and countries in transition.


CRE: CMS’ Five-Star Quality Rating System is a Violation of Medicare and APA Rulemaking Requirements

CMS’s Five-Star Quality Rating System for Part C and D Medicare is laudible concept for using informed consumer choice rather than command-and-control regulation to improve the healthcare market. However, because the Star Rating System is now used to determine bonuses, rebates, and eligibility, CMS is statutorily required to implement the ratings through Federal Register notice-and-comment rulemaking proceedings.

In the letter to CMS attached here, the Center for Regulatory Effectiveness explains the deficiencies in how the ratings were developed. CRE concludes that CMS should

  1. Follow Federal Register notice-and-comment rulemaking proceedings for the star ratings programs.

Retrospective Review Workshop

From: Administrative Conference of the United States

May 13, 2015 – 2:00 pm EDT


This workshop will build upon Recommendation 2014-5, considering approaches for promoting robust retrospective review at federal agencies.  The workshop will consist of three panels:

Panel I–Retrospective Review in Federal Agencies [2:00 pm  – 3:00 pm]: The first panel will examine existing retrospective review efforts at U.S. agencies, explore mechanisms for promoting a “culture of retrospective” review and encouraging regulatory experimentation, and consider how agencies can leverage the expertise of stakeholder groups.

Estimating the True Cost of FCC Regulation


Justin Vélez-Hagan

Ever since the FCC began kicking around the idea of new Internet regulations (a.k.a. “net neutrality” regulation), economists, attorneys, and politicos have been arguing what, if any, cost will be incurred by Internet Service Providers (ISPs) as well as the general public.  Although the exactitude and underlying assumptions of some estimates have been disputed, few have considered the real, total economic cost of the new policy.


Lawmakers’ website to collect complaints about federal regs

Editor’s Note: The #CutRedTape Initiative website is available here.

From: The Hill

By Lydia Wheeler

Sens. James Lankford (R-Okla.) and Heidi Heitkamp (D-N.D.) announced an initiative Friday to address the speed, frequency and relevancy of federal regulations.

In launching the #CutRedTape Initiative, the lawmakers have created a website,, where people can go online and voice their concerns and complaints about federal regulations that are creating a problem for their business or family.

Read Complete Article

Accelerating Progress and Institutionalizing Retrospective Review

From: Office of Management and Budget | OMBlog

Posted by Howard Shelanski

In 2011, President Obama called on federal agencies to undertake an unprecedented government-wide regulatory review to identify rules on the books with outdated requirements or unjustified costs.  Retrospective review continues to be a key priority for the Obama Administration.  Since the release of Executive Order 13563 in 2011, federal agencies have been continually identifying outdated and duplicative regulations and have taken action to modify or eliminate them where possible. And the Administration has made significant progress. For example, the Department of Transportation, the Centers for Medicare and Medicaid Services (CMS), the Environmental Protection Agency, and Department of Homeland Security (DHS) have already finalized significant retrospective review initiatives. To date, the retrospective review process is expected to achieve $20 billion in savings over five years, and is on track to eliminate over 100 million paperwork burden reduction hours.

Regulatory Accountability Act of 2015 and the Bumpers Amendment

The Regulatory Accountability Act is one of the most comprehensive regulatory reform bills under consideration by the Congress.

It should be noted that more than three decades ago Senator Dale Bumpers of Arkansas, a senator with a near 100% rating by liberal groups, introduced the Bumpers Amendment, a proposal to improve the regulatory process by eliminating the deference accorded to agency decisions.

It is very possible that the Bumpers Amendment would have passed had it not been subject to immense opposition by the Carter White House. An Index of OMB internal papers identifies a White Memorandum on Bumpers (Item 3) which CRE is trying to locate.