Apr
21

Trump’s OIRA-Nominee Has Questioned Foundations Of Administrative State

Fr0m: Inside Health Policy

Nicholas Florko

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Rao will now have oversight over Trump’s regulatory budgeting, Bruce Levinson, senior vice president of regulatory intervention at the Center for Regulatory Effectiveness, noted to IHP.

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Levinson pointed to two tools that Rao could use to rein in agencies: the Data Quality Act and the Paperwork Reduction Act. However, Levinson cautioned that there must be substantive basis for their use. “With the Paperwork Reduction Act, with the Data Quality Act, these are not tools for arbitrary and capricious decisions — just the opposite,” Levinson told IHP.

Apr
17

D.C. Circuit Review – Reviewed: Notice & Comment Blogger to OIRA Administrator

From: Notice & Comment | A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice

by Aaron Nielson

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All of that is well and good, but it also is incomplete. Professor Rao has also been a guest blogger here at the Yale Journal on Regulation!

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Professor Rao’s nomination got me thinking: OIRA is important, but how often is it mentioned in D.C. Circuit opinions? So I did a search for “Office of Information and Regulatory Affairs.” Before conducting this search, I suspected a low number, but the answer surprised even me. It turns out OIRA has only been mentioned in six D.C. Circuit opinions:

Apr
16

White House orders spring cleaning at federal agencies

From: WJLA

by Leandra Bernstein

In an off-camera briefing earlier this week, OMB Director Mick Mulvaney described the reorganization as a way to rebuild government “from scratch.” In the course of 240 years, the executive branch has never been rebuilt, he told reporters. “The President of the United States has asked all of us in the executive branch to start from scratch, a literal blank piece of paper and say, if you’re going to rebuild the executive branch, what would it look like?”

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Apr
12

Comprehensive Plan for Reforming the Federal Government and Reducing the Federal Civilian Workforce

From: Office of Management and Budget

Mick Mulvaney, Director

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II. Overview & Process

This memorandum focuses primarily on providing guidance that agencies need to develop their Agency Reform Plans. OMB, in coordination with other offices within the Executive Office of the President, will separately manage the development of key crosscutting proposals and solicit input from the public. For planning purposes, this memorandum also provides agencies guidance on aligning actions to develop the Government-wide Reform Plan with the development of the President’s FY 2019 Budget and the performance planning requirements of the Government Performance and Results Act (GPRA) Modernization Act of2010. In developing the Government-wide Reform Plan, the Administration will also work with key stakeholders, including Congress, to develop proposals and ultimately implementation.

Apr
10

Neomi Rao to be the Administrator of the Office of Information and Regulatory Affairs

From: The White House

Ms. Rao is a professor at the Antonin Scalia Law School at George Mason University, where she founded and directs the Center for the Study of the Administrative State.  Her research and teaching focuses on constitutional and administrative law.  Currently a public member of the Administrative Conference of the United States, Ms. Rao has previously served in all three branches of the federal government.  She served as Associate Counsel to President George W. Bush; counsel for nominations and constitutional law to the U.S. Senate Committee on the Judiciary; and law clerk to Justice Clarence Thomas of the U.S. Supreme Court.  She practiced public international law and arbitration at Clifford Chance LLP in London.  Ms. Rao received her JD with high honors from the University of Chicago and her BA from Yale University.

Apr
06

Memorandum: Implementing Executive Order 13771, Titled “Reducing Regulation and Controlling Regulatory Costs”

From: Office of Information and Regulatory Affairs

MEMORANDUM FOR: REGULATORY POLICY OFFICERS AT EXECUTIVE DEPARTMENTS AND AGENCIES AND MANAGING AND EXECUTIVE DIRECTORS OF CERTAIN AGENCIES AND COMMISSIONS

FROM: Dominic J. Mancini, Acting Administrator, Office of Information and Regulatory Affairs

SUBJECT: Guidance Implementing Executive Order 13771, Titled “Reducing Regulation and Controlling Regulatory Costs”

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Q23.    How does Executive Order 13771 apply to routine hunting and fishing regulatory actions?

Mar
17

Mick Mulvaney: “Big League” DC Influence

From: FITSnews

NEW EXECUTIVE ORDER FURTHER EXPANDS BUDGET DIRECTOR’S POWER …

Mick Mulvaney may not be the most influential man in Washington, D.C., but it’s starting to feel that way …

Already empowered by president Donald Trump with authority over a sweeping regulatory review of the federal government, this week Trump signed another executive order giving his new Office of Management and Budget (OMB) director additional powers.

Read Complete Article

Mar
14

What you need to know about Trump’s web of energy orders and repeals

From: The Washington Examiner

By JOHN SICILIANO

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3. Killing regulations means adding staff

 

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“President Trump has most certainly provided regulatory wonks with a target-rich environment,” Tozzi said in an email. “I have been in this business a half century and never have seen so much action so fast. That said, the resulting question is whether his actions survive the test of time.”

Tozzi wants to see Trump add more hands to give the Office of Information and Regulatory Affairs the muscle it needs after being under-resourced for years, according to comments he filed from his group, the Center for Regulatory Effectiveness. He wants the office to implement Trump’s proposed regulatory budget that was outlined in yet another executive order.

Mar
07

Agencies to highlight rules for repeal in Trump’s first reg agenda

From: The Hill | Overnight Regulation

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Dominic Mancini, acting administrator of the White House Office of Information and Regulatory Affairs (OIRA), sent guidance Monday directing the agencies to pay close attention to the executive order President Trump signed in January directing agencies to cut two existing rules for every new rule put in place.

The White House said agency plans, due March 31, should follow the order’s requirement that the net incremental cost for fiscal 2017 “be no greater than zero” and that for every significant rule an agency plans to issue on or before Sept. 30, two existing rules should be proposed for elimination.

Mar
06

Memorandum: Spring 2017 Data Call for the Unified Agenda of Federal Regulatory and Deregulatory Actions

From:  Office of Information and Regulatory Affairs

MEMORANDUM FOR: REGULATORY POLICY OFFICERS AT EXECUTIVE
DEPARTMENTS AND AGENCIES AND MANAGING
AND EXECUTIVE DIRECTORS OF CERTAIN AGENCIES AND COMMISSIONS

FROM:  Dominic J. Mancini, Acting Administrator
Office of Information and Regulatory Affairs

SUBJECT:   Spring 2017 Data Call for the Unified Agenda of Federal Regulatory and Deregulatory Actions

This memorandum and its attachment contain guidelines and procedures for publishing the Spring 2017 Unified Agenda of Federal Regulatory and Deregulatory Actions (“Unified Agenda”) (see “Attachment,” infra). Publication of the Unified Agenda represents a key component of the regulatory planning mechanism prescribed in Executive Order (“EO”) 12866, “Regulatory Planning and Review,” 58 FR 51735 (Sept. 30, 1993), and reaffirmed in EO 13563, “Improving Regulation and Regulatory Review,” 76 FR 3821 (Jan. 18, 2011).

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