Three Cheers for the Congressional Review Act

Editor’s Note: See CRE letter to Senate President Biden and Speaker Pelosi discussing EPA’s non-compliance with the CRA here (media coverage, here and here).

From: The National Review

by Jonathan Wood & Todd Gaziano


Gilbert and Narang close with a sideswipe on a use of the CRA that Pacific Legal Foundation and its partners advocate through their Red Tape Rollback project. Agencies have consistently failed to honor their obligation to submit many rules to Congress, wrongfully depriving our elected representatives of their opportunity to review them. For these rules, the window for Congress’s review has not yet begun. Thus, they remain vulnerable under the CRA once they are belatedly submitted.


OMB’s Mulvaney: Agency’s budget increase will help with reorganization responsibilities

From: Federal News Radio | 1500am

By Meredith Somers


“You will see us spending more money on places that are the president’s priorities and less elsewhere, just as we did with the rest of the budget,” Mulvaney said during a June 21 House Appropriations subcommittee hearing.

“We have the Office of Information and Regulatory Affairs [OIRA], and also within OMB is the Office of Performance and Personnel Management [OPPM]. OIRA and OPPM are the agencies within OMB, within the [Executive Office of the President], that are primarily responsible for two of the president’s highest priorities,” Mulvaney said. “This is the executive order that deals with the reorganization of the executive branch of the government, and the executive order that deals with the deregulation of the government … through two out before one comes in.”


Administrative Conference of the United States Adopts Recommendations That Improve Government Transparency, Reduce Administrative Costs and Litigation, and Streamline Processes

From: Administrative Conference of the United States

Submitted by Harry Seidman

Administrative Conference of the United States Adopts Recommendations That Improve Government Transparency, Reduces Administrative Costs and Litigation, and Streamlines Processes

Washington, June 16, 2017 – At its 67th Plenary Session, the Administrative Conference of the United States (ACUS) Assembly formally adopted Recommendation 2017-1, Adjudication Materials on Agency Websites and Recommendation 2017-2, Negotiated Rulemaking.

Adjudication Materials on Agency Websites provides government agencies with guidance on how to make important adjudication materials readily available on agency websites, thereby improving transparency while also reducing agencies’ associated costs and administrative burdens. The recommendation furthers the spirit of the FOIA Improvement Act of 2016, which encourages expansive proactive disclosure of federal records.


Amid Rancor, Evidence-Based Policy Panel Leaders Optimistic

From: BNA/Daily Report for Executives

By Jonathan Nicholson

You’ll see us in September and we’re bringing recommendations.


And it’s a surprising message from the pair, who head the bipartisan Commission on Evidence-Based Policymaking, a 15-member panel created to bring together experts in social policy, data and privacy to figure out how to make federal data on spending and tax programs more useful and accessible.

Read Complete Article


The Office of the Federal Register: Key to Rejuvenating Regulations.gov

From: Jim Tozzi, Public Member

The Rejuvenation of Regulations.gov


With respect to institutional residency, consideration should be given to housing Regulations.gov in an existing federal agency which has a mandate far broader than the mere issuance of regulations but instead one whose primary mission is the compilation and dissemination of relevant regulatory information to the public and stakeholders. One agency that might be home to Regulations.gov is the Office of the Federal Register. The Office of the Federal Register has an extensive database on regulatory actions which is constantly increasing and which is under constant change to make the attendant work product more valuable to its readers. The aforementioned databases should be incorporated into Regulations.gov but presently such a wish is a distant hope at best.


Trump to sign executive orders on drilling, cybersecurity and a rural America task force

From: Poltico

Read Complete Article


A Conversation with Marcus Peacock

From: Resources For the Future

About the Event

Marcus Peacock, currently serving as special advisor to US Office of Management and Budget Director Mick Mulvaney, appeared at RFF to discuss President Trump’s recent executive orders on regulatory policy. Mr. Peacock has written extensively on regulatory policy, including on concepts such as a regulatory budget and a two-for-one regulatory requirement.

He has a long career in public service and has held a number of posts in the federal executive branch, including deputy administrator at the US Environmental Protection Agency and associate director at the Office of Management and Budget. Mr. Peacock previously served as a staff director in both the House and Senate and worked for the Pew Charitable Trusts as well as an environmental consulting firm.


EPA attacks harken back to Reagan era

From: Marketplace



If it sounds familiar, Trump has imposed his own regulatory freeze. And like Trump, Reagan supported EPA budget cuts to boost defense spending.

“If you don’t want a lot of regulations, don’t hire a lot of regulators,” said Jim Tozzi. . . who oversaw the EPA budget in the early 1980s at the Office of Management and Budget. “So I held them down. And during that point in time, we had a lean and mean agency.”

Listen to Story/Read Complete Article


Trump’s safe and sane ‘regulatory reform’ idea

From: Fresno Bee

President Donald Trump’s emphasis on cost-benefit analysis is both welcome and hugely important. Some regulations impose significant costs, and the private sector really doesn’t like them. But they also create significant benefits, by helping consumers save money, preventing illness and saving lives. It would be a mistake, and it could be a tragedy, to repeal them.



Skeletal government needs meat on its bones

From: FederalNewsRadio.com

By Tom Temin


The President has ordered into place a new approach to regulation, asking for retirement of two for every one rule an agency proposes to issue. Regulatory reform might be sound public policy, but in reality nothing will get done without the people in place to continuously push this agenda at the agencies. The White House will need a fully functioning Office Regulatory Affairs. The OIRA administrator requires Senate confirmation, so there’s that challenge. But right now OIRA doesn’t even have a website.

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