Trump officials overrule regulatory czar in releasing tip pooling rule

From: The Hill


Labor Secretary Alex Acosta convinced Office of Management and Budget (OMB) Director Mick Mulvaney to overrule the nation’s regulatory czar and release a controversial tip pooling rule despite data showing workers could lose billions in gratuities, according to a new report.

Bloomberg Law, citing three current and former executive branch officials, reported that Mulvaney sided with Acosta over the Office of Information and Regulatory Affairs (OIRA), which is led by Administrator Neomi Rao.

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Groups sue over decision to end Obama-era pay data collection rule

Editor’s Note:  See also OMB & OIRA Sued for Rejecting an Information Collection Request.

From: The Hill



The Lawyers’ Committee for Civil Rights Under Law and the National Women’s Law Center (NWLC) filed a lawsuit against the Office of Management and Budget (OMB) on Wednesday in the U.S. District Court for the District of Columbia.

The 15-page complaint alleges OMB violated the Freedom of Information Act when it failed to respond to five requests the groups sent in September for records on the agency’s decision to shut down the pay data collection rule.

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OIRA Seeks to Hire Policy Analyst

From: USA Jobs

Open & closing dates:  03/15/2018 to 03/29/2018
Pay scale & grade: GS 12 – 13



The Office of Information and Regulatory Affairs (OIRA), within the Office of Management and Budget (OMB), is seeking candidates for a policy analyst position in OIRA’s Transportation and Security (TS) Branch. OIRA is responsible for regulatory, information and statistical policy within OMB and the Federal government generally. The TS branch is responsible for the review of draft federal regulations and information collection requests from the Departments of Transportation, Housing and Urban Development, Justice, Homeland Security, and State; the Equal Employment Opportunity Commission; and the Access Board, as well as information collection requests from a few independent agencies with related missions. These reviews include the evaluation of the economic, scientific, and legal aspects of rules submitted to OIRA under Executive Order 12866 and related authorities.
To learn more about the Office of Management and Budget please visit:


Court tosses challenge to Trump’s two-for-one regulatory order

From: The Hill

A federal district court judge on Monday dismissed a challenge to President Trump’s executive order directing federal agency heads to eliminate two rules for every new rule proposed.

U.S. District Court for the District of Columbia Judge Randolph Moss said Public Citizen, the Natural Resources Defense Council and Communication Workers of America, AFL-CIO failed to prove their members will be harmed by the president’s orders, which is a burden of proof required to bring a lawsuit.

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Regulatory Scorecard: A Federalist Society Conversation with Administrator Neomi Rao

From: Federalist Society/Regulatory Transparency Project

In 2017, the U.S. experienced a dramatic shift in regulatory policy at the federal level. This shift is attributable to a new presidential administration that has made regulatory reform a priority. This priority is evidenced by numerous regulatory initiatives including Executive Order 13771 that directs agencies, among other things, to repeal two regulations for every new regulation promulgated. The Administration recently reported that it had far exceeded this goal by instead, repealing twenty-two regulations for every new regulation created. However, debate remains over how the new administration’s regulatory efforts, in its totality, should be scored thus far. We are pleased to have OIRA Administrator Neomi Rao as our Free Lunch podcast guest to share her perspective on that question.


Good Government through Good Governance: Developing a cross-sector, “national constituency” in support of OIRA

Editor’s Note: See, Inside Washington on Reinventing Governance.

From: Inside Washington Publishers | Special Report: Reinventing Governance

Former OMB official sees broader support for OIRA flowing from Trump’s regulatory budget


“[C]entralized regulatory review would not have survived for nearly a half century without a cadre, however small, of individuals who were willing to place their career on the line because the mere existence of centralized regulatory review was at that time repugnant to a number of the leaders of the administrative state who frequently advocated retaliatory measures,” Tozzi writes.


Trump proposes funding hike for regulatory shop

From: Greenwire

Maxine Joselow, E&E News reporter

Amid a push for deregulation, President Trump is seeking a funding increase for the Office of Information and Regulatory Affairs.

The administration’s full fiscal 2019 budget proposes $11 million for OIRA, up $1 million from a White House estimate of recent funding levels but consistent with the administration’s fiscal 2018 budget proposal.

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Nafta’s Red Tape Fight Hits a Snag

From: Bloomberg

By Josh Wingrove and Eric Martin

  • Canada proposes adding cooperation council into trade pact
  • Observers say that may backfire with shift of powers to USTR


Canada wants to roll the existing U.S.-Canada Regulatory Cooperation Council into the North American Free Trade Agreement, a pact Donald Trump is threatening to quit. Advocates of the Canadian proposal liked the idea of entrenching stronger harmonization of rules on things like food safety and drones while also adding Mexico into the mix — and doing so would also boost another Trump goal of cutting red tape for businesses.


Trump’s Regulatory Czar Defends Tip Pool Rule’s Transparency

From: Bloomberg/BNA

By Ben Penn


Analysis Expected in Final Rule

Rao, speaking on a call hosted by the Federalist Society’s Regulatory Transparency Project, used her opening remarks to emphasize OIRA’s commitment to giving the public access to cost-benefits data during regulatory and deregulatory actions.

In response to Bloomberg Law’s query on how her comments square with the DOL’s December proposed rule to permit tip sharing, she said, “We would expect to see the full quantitative analysis in the final rule, and hope that the comments can shed some light on what the scope of that is.”


Compliance into the Weeds-Episode 68-End of Regulatory Guidance?

From: JDSupra

In this episode Matt Kelly and myself take a deep dive into the weeds of the recent remarks by Neomi Rao, head of the Office for Information and Regulatory Affairs (OIRA), the Administration’s top regulatory review office outlining ambitious plans for more deregulation in 2018 – including efforts to sweep independent federal agencies into her purview and to crack down on the “sub-regulatory” guidance that corporate compliance professionals consume all the time. The talk was given before the Brookings Institute and she touted the 2 for 1 kill order for new regulations the Administration heralded last year and claimed that over 1500 planned regulations had been pulled from review.

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