®: CRE Regulatory Action of the Week
The Federal Information Triangle: Sustaining Actions
This month, four years ago, CRE published in Inside EPA the emergence of
the Federal Information Triangle, consisting of OMB's Office of
Information and Regulatory Affairs(OIRA) at the apex, and the Paperwork
Reduction Act at one base, and the Data Quality Act at the other base.
See The Federal Information Triangle.
The Paperwork Reduction Act controls the information coming into the
government, the Data Quality Act controls the information leaving the
government and OMB controls the process.
Actions can be taken to sustain all three points of the Federal Information
First,OIRA: In the absence of any personnel increases, OIRA should be
shielded from additional staff reductions.
Second, the Paperwork Reduction Act: should be augmented by not relying
solely upon OMB to be its enforcer, but instead, the public at large by
making its certification process judicially reviewable, See
The Paperwork Reduction Act Certification Process: The Sarbanes-Oxley For The Public Sector.
Third, the Data Quality Act: a number of legal actions should be instituted
in different judicial circuits to establish the reviewability of the Act.
To review a more complete roster of actions that can be taken to improve
the rulemaking process see Unfinished Business
Particular attention should be accorded to reviving ACUS, the
Administrative Conference of the US, see:
Background Materials on ACUS Reauthorization
Statement In Support Of The Academy For The Administrative Process
Charter Of The Academy For The Administrative Process