White House Regulatory Office Fully Staffed

From: Bloomberg/BNA

By Cheryl Bolen

The White House Office of Information and Regulatory Affairs is now fully staffed with four political appointees to help Administrator Neomi Rao fulfill the president’s deregulatory agenda.


Finally, Dominic Mancini, who had been serving as acting administrator before Rao’s confirmation, will stay on as deputy administrator.

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What Is Trump’s Regulatory Office Doing? Who Knows

From: Bloomberg View

The nation’s clearinghouse for federal regulations doesn’t have a website. That’s wrong.

by Cass R. Sunstein


In addition, OIRA oversees deregulation. It has to be on board if an agency wants to eliminate expensive requirements or to give real relief to small business.

The office is also in charge of the Paperwork Reduction Act, which means that whenever a federal agency asks Americans to fill out forms, OIRA must give its assent. It plays a major role in protecting online privacy, in overseeing the collection of statistics, and in promoting international regulatory cooperation — as, for example, by reducing trade barriers between the U.S. and Europe, Canada, and Mexico. It’s a little office, with about 45 employees, but it’s the cockpit of the American regulatory state.


SEC Staff Continues to Work on Potential Amendments to the “Loan Provision” Concerning Auditor Independence

From: Lexology

Vedder Price PC

According to the SEC’s updated 2017 regulatory agenda, a potential amendment to the so-called “Loan Provision” of Regulation S-X, regarding the impact of loans or debtor-creditor relationships on auditor independence, is in the “final rule stage,” with the SEC’s Office of Chief Accountant considering issuing a recommendation that the SEC amend the Loan Provision. The regulatory agenda, which is available on the “” website maintained by the Office of Information and Regulatory Affairs (part of the Office of Management and Budget), is a nonbinding indicator of the rulemaking plans of the SEC’s chairman and staff.


OIRA Directs Agencies To Put Forth Regulatory Cost Caps, Expects Cuts

From: Inside Health Policy

Nicholas Florko


Bruce Levinson, senior vice president of regulatory intervention at the Center for Regulatory Effectiveness, told Inside
Health Policy the memo formalizes the process laid out in Trump’s executive orders which he said it does “in a
beautifully simple way.” Levinson added that the memo is “avoiding irony” by “not creating a paperwork intensive
process to kill paperwork.”

Levinson argued that the memo should not take anyone by surprise, and that agencies should have expected this, given
Trump’s EOs.

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OMB Issues Data Call, Guidance on Regulatory Agendas

From: FEDWeek | Federal Manager’s Daily Report

OMB has told agencies to submit by September 18 their Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions, stressing that they are to “give particular attention” to a Trump administration executive order on reducing regulations and the costs they impose.

In particular, OMB said, that order requires agencies to identify offsetting cost reductions by reducing regulations for each regulation that imposes a new cost. “In its Agenda, an agency should counterbalance the costs of anticipated regulatory actions issued within the fiscal year with cost savings from anticipated deregulatory actions in order to demonstrate anticipated compliance with its total incremental cost allowance,” OMB said.


Neomi Rao, Director, Office of Information and Regulatory Affairs: Washington’s new regulatory czar

From: Politico | Politico 50 List

Danny Vinik


Whether or not that theory gets tested, her fingerprints will be all over Trump’s deregulatory agenda. As head of OIRA, Rao will scrutinize all significant regulations the Trump administration proposes, ensuring that agencies stick to the White House’s agenda. She is also responsible for implementing Trump’s executive orders directing agencies to repeal two regulations for each significant one they issue, and to draw up plans for regulatory reform. For Rao, who spent a year working in the George W. Bush administration and later fought to rename George Mason’s law school in honor of the late Supreme Court Justice Antonin Scalia, the appointment puts her in a prime position to actually slash what she calls the “regulatory burden.”


Regulatory activity dips to new lows in Trump administration

From: Bloomberg Government

Cheryl Bolen

The pace of regulatory activity has dipped to new lows in the first six months of the Trump administration, bringing welcome relief to businesses beset by rules from the prior administration, but dismaying public safety and civil rights advocates who fear crises are coming.

The Office of Information and Regulatory Affairs, which reviews all significant federal regulations, processed 67 regulatory actions in the first six months of this administration, including notices, proposals, and final rules, compared with 216 actions by the same point in the Obama administration, according to government data.


Judge Questions ‘Shadow’ Process in Challenge to Regulatory Order

From:  BNA/Daily Report for Executives

By Cheryl Bolen

President Donald Trump’s executive order requiring agencies to eliminate two regulations for each new regulation issued and offset the cost of each new rule is “fundamentally different” than previous executive orders guiding agency rulemaking, a federal judge said Aug. 10 ( Public Citizen Inc. v. Trump, D.D.C., No. 1:17-cv-00253, oral argument 8/10/17 ).


This President Is No Different

Brett Shumate, deputy assistant attorney general at the Department of Justice, argued that presidents have been directing agency rulemaking processes for the past 40 years and this president is no different.


Mulvaney is Right to Call for More Money for OMB

From: The Regulatory Review

Expanding a White House office could help shrink the whole federal government.


Concerns about OIRA’s being understaffed are particularly salient in the wake of President Trump’s signing several aggressive executive orders designed to curb over-regulation. Executive Order 13,771, the centerpiece of President Trump’s deregulatory campaign, implements a “two out, one in” system that requires federal agencies to eliminate two old regulations for every new one they enact. The order also establishes a type of regulatory budget, setting a limit on the regulatory costs that agencies can impose on individuals and businesses each year. Executive Order 13,781 followed suit by calling for a comprehensive reorganization of the executive branch.


Trump administration reveals first regulatory agenda

From: The Hill

The Trump administration for the first time is mapping out its plans to cut down on the nation’s regulatory rulebook with the release of its first agenda.

The semi-annual Unified Regulatory Agenda published by the White House Office of Management and Budget (OMB) on Thursday is a policy blueprint of sorts for federal agencies.

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