OIRA Under Fire for Doing Its Job

Editor’s Note:  Bisphenol A has been a chemcial studied by a number of agencies.  In virtually every instance numerous questions have been raised concerning the underlying studies which question its safety.

Regulations.Gov Needs a Parent

 Regulations.gov is a central feature of the regulatory state—it houses the important information which leads to the formulation of the most significant  rules of our time.

 Regulations.gov began on a questionable hypothesis—namely the need to search the data bases of all agencies simultaneously to gather pertinent information on a rulemaking in lieu of making the searches around a specific agency.

 In the intervening years under tight budget constraints and a multi-agency management structure regulations,gov has made noticeable improvements.

Focus on OIRA

May 22   Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption

May  21     Progressives bang drums for ‘course correction’ at White House reg office

May 20     The EPA’s Implausible Return on its Fine Particulate Standard

May 17      Regulation Is Also Cause Of Economy’s Slow Snap Back From Recession

May 16      Businesses fear being blindsided by regs

May 15      Policy Integrity’s Livermore discusses OMB study on costs, benefits of EPA regulations

May 14      Environmental Cost-Benefit Analysis Spreads to Developing World

May 13      Congress Considers Limits on “Sue and Settle” Lawsuits

Poverty: Something to Think About

Mr. Courtland Milloy  in the Wednesday May 1, 2013 edition of the Washington Post  states in an article  describing  the murder of a DC teenager in Ward 8:

“One is three black children live in poverty”.

“One of the boys who hung out with him [the deceased] told me that they had been looking for work, that they needed money. And not just to by sneakers. Having been kicked out of school, they no longer got enough food, the friend said”.

‘They wanted money to buy something to eat.”

Is there any more graphic statement of  the deficiencies in our economic system?

The Emergence and Critical Role of Policy Entrepreneurs in the Operation of Federal Regulatory Agencies

A Transformative Event

      A landmark book titled Lobbying and Policymaking has just been published by the Congressional Quarterly based upon a decade of research sponsored by the National Science Foundation.

  The focus of the book is on actions taken by private interests to affect the activities of regulatory agencies. The authors state that the presence of policy entrepreneurs has lead to significant  changes in the operation of federal agencies.

 The author’s state:  “ Policy entrepreneurs use their knowledge of people and institutions to get their  issue on  the agenda and to ensure that their preferred policy alternative has the best chance of success” (p. 55)

Obama nominates new regulatory czar

 Federal News Radio

 President Barack Obama announced he will nominate Federal Trade Commission official Howard Shelanski to serve as the head of the Office of Information and Regulatory Affairs (OIRA).

The top spot at OIRA, which is charged with reviewing federal regulations and overseeing the government’s privacy and information policies, has been vacant since Cass Sunstein stepped down last August.

Boris Bersheyn, the general counsel of the Office of Management and Budget, has been serving as acting OIRA administrator since Sunstein’s departure.

Center for Progessive Reform on the Appointment of an OIRA Administrator

Editor’s Note: The scholars of CPR argue for a new OIRA Administrator who does not see his or her role as ” restraining overly zealous regulatory agencies”.  Without a doubt there are some regulators who are overly zealous; on the other hand there are a far greater number of regulators who recognize that they could be subject to a “silo mentality” resulting from the fact that they are merely one cog in the massive federal regulatory state  which makes it impossible for them to balance the conflicting statutory roles of different agencies–thus the need for an intensive OIRA review of regulations.

The Real Scoop on Sequester

 Editor’s  Note:  John Cooney is a former OMB official who provided legal advice to OIRA, the office which was a twenty year, five Administration endeavor of the Editor. 

Under the Sequestration Order, the agencies will be obliged to apply a mandatory percentage reduction to each line item in their budgets to cut approximately $45 billion each from Defense programs and civilian programs by September 30.

Berkeley Law and UCLA Law Criticism of OIRA Economic Expertise

 Letter from Jim Tozzi

 The aforementioned criticism is contained in the post reproduced below.

 OIRA does have a strong economic mission; however economics  is just one of the capabilities required of a successful desk officer. Other capabilities include a  knowledge of the administrative process, public administration and science policy.

 I was involved in  establishing the central regulatory review function in OMB for five Presidential Administrations.  Pursuant to the response of the OIRA critics I have attached my resume. I believe it not only satisfies the requirements demanded  by the OIRA critics but  more importantly it is representative, at a minimum,  of the expertise of the current generation of OIRA Desk Officers.

Regulating the Regulatory State

Letter from Jim Tozzi    

Center for Regulatory Effectiveness

 

There is an interesting article in the  the Harvard Law Review written by Rachel Barkow titled the THE ASCENT OF THE ADMINISTRATIVE STATE AND THE DEMISE OF MERCY. [121 Harv. L. Rev. 1332 (2008)]

 In the introduction to the article, Professor Barkow states: