OIRA@2050

“a benefit/cost analysis should be done of the teaching of Administrative Law”

Jun 25

Does OIRA Live Up To Its Own Standards?

OIRA should conduct a cost-benefit analysis of its own activities and explore alternatives to its current oversight methods.

A White House office called OIRA polices regulations by other agencies in the executive branch. OIRA basically performs the role of a traditional regulator – it issues regulations that bind other agencies, and agencies need OIRA approval before they can issue their own regulations. Essentially, then OIRA regulates agencies like EPA the same way that those agencies regulate industry. Issuing regulatory mandates and permits is a very traditional form of regulation, often called command and control.

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“either classical administrative law or Sierra Club v. Costle has to go”

Jun 25

In a forthcoming article in the Texas Law Review Professor Liza Hienzerling concludes: “either classical administrative law or Sierra Club v. Costle has to go.”

We agree. It is time for classical administrative law—which argues that informal rulemaking should be done in exclusionary rooms with entrances controlled by $800/hr attorneys—”has to go.” Obsolete administrative law practices should be shelved in order to capitalize on technological advances that allow substantive public participation in regulatory proceedings on an ongoing basis.

Much to its credit, the Administrative Conference of the US recognized this impeding collision and addressed this matter in its recent plenary session of several weeks ago.

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Was The Tozzi Amendment More Than a Nudge?

Jun 25

Editor’s Note: CRE has had a historical interest in expanding public participation in rulemaking through its development of Interactive Public Dockets.

The June 6, 2014 Plenary Session the Administrative Conference of the United States (ACUS) addressed the concept of “ex parte” comments.

Ex parte comments as defined by federal regulators “describe a communication directed to the merits or outcome of a proceeding that, if written, is not served on all parties to the proceeding and, if oral, is made without giving all the parties to the proceeding advance notice and an opportunity to be present.”

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National Association of Manufacturers (NAM) Testimony: Senate & House Joint Economic Committee

May 05

Editor’s Note: For information about proposed legislation to require enhanced federal regulatory anlaysis, including expanding cost-benefit analysis to all federal regulatory agencies, please, please see Chairman Brady’s Statement here. For information on the Congressional Review Act and the origin of CRE, see here.

From: The National Association of Manufacturers

NAM Testimony before Senate & House Joint Economic Committee Hearing

Chairman Brady, Vice Chair Klobuchar and members of the Joint Economic Committee, thank you for the opportunity to testify about cutting red tape and improving the regulatory system through better analysis. The First Step to Cutting Red Tape: Better Analysis

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” All Presidents utilize the tools of executive power to implement policies”

Feb 22

The Hill: An excess of executive power?

By Ben Goad

President Obama’s aggressive use of administrative power is testing the boundaries of executive authority on several fronts.

Obama throughout his presidency has pushed the envelope on recess appointments, prosecutorial discretion and the way his administration executes laws, drawing resistance from the other two branches of government.

Experts say Obama’s tactics are not unusual and note he has issued fewer executive orders than many of his predecessors. But congressional Republicans counter it is the content, not the number, of presidential directives that has them up in arms.

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Yes, actions taken under the Data Quality Act are reviewable in the courts.

Dec 19

CRE is often asked the question regarding the reviewability of the DQA. Here is about a concise statement we can make in response to question raised by one of our readers, please see http://www.thecre.com/forum10/?p=92#comment-5

The reviewability of the DQA is of particular significance regarding EPA’s determination as to whether CCS (Carbon Capture Sequestration) is a commercially viable technology.

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Measuring What Matters: Reducing Risk by Rethinking (Regulation 1)

Apr 05

Editor’s Note: A major report from SafeGov.org authored by Julie M. Anderson, Karen S. Evans, Franklin S. Reeder and Meghan M. Wareham is attached here. The paper’s Recommendations to OMB are reprinted below. The paper also includes a message from the National Academy of Public Administration.

Recommendations

To better secure information and improve information security evaluations across government, the report team recommends OMB direct the following policy changes:

1. IGs should adopt the enhanced risk management framework and submit a FISMA Evaluation Plan to OMB by no later than May 2013;

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Incentives to Industry for Adopting Improved Cybersecurity Practices (Regulation 1)

Mar 27

From: Regulatory Cyber Security: The FISMA Focus IPD

On March 28th, NIST and NTIA will publish a Federal Register notice opening an Inquiry into “Incentives to Adopt Improved Cybersecurity Practices.” An advance copy of the Notice is attached here. The Inquiry is in response to the President’s Directive to the Secretary of Commerce contained in Executive Order 13636, Improving Critical Infrastructure Cybersecurity. The Notice explaines that

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What’s Next for Cybersecurity After White House Order? (Regulation 1)

Mar 11

From: CIO

Kenneth Corbin

Over the past several years, members of Congress have made significant progress in identifying the challenges of the cyber threat and coordinating with industry to develop a response, according to John Rockefeller (D-W.V.), the chairman of the Senate commerce committee.

At the same time, Rockefeller did not mask his frustration that the comprehensive cybersecurity bills that he and others have drafted have stalled, prompting the White House to issue an executive order in February calling for, among other things, an improved system for sharing information about threats and attacks.

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Cybersecurity Regulation through Executive Order (Regulation 1)

Feb 12

Editor’s Note: The new cybersecurity Executive Order is attached here.

The regulatory nature of the Order was made evident in Sec. 10.b’s discussion of agencies proposing “prioritized, risk-based, efficient, and coordinated actions, consistent with Executive Order 12866…” and in the Section’s frank discussion of “cybersecurity requirements.”

The Order’s strong emphasis on use of private sector standards is very significant along with the Order’s instance on cost-effectiveness. What remains to be seen is the extent to which industry compliance with the Order provides companies with safety from regulatory and legal hazards.

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OIRA@2050

“a benefit/cost analysis should be done of the teaching of Administrative Law”

Does OIRA Live Up To Its Own Standards?

OIRA should conduct a cost-benefit analysis of its own activities and explore alternatives to its current oversight methods.

“either classical administrative law or Sierra Club v. Costle has to go”

Was The Tozzi Amendment More Than a Nudge?

The June 6, 2014 Plenary Session the Administrative Conference of the United States (ACUS) addressed the concept of “ex parte” comments.

National Association of Manufacturers (NAM) Testimony: Senate & House Joint Economic Committee

NAM Testimony before Senate & House Joint Economic Committee Hearing

” All Presidents utilize the tools of executive power to implement policies”

The Hill: An excess of executive power?

Yes, actions taken under the Data Quality Act are reviewable in the courts.

Measuring What Matters: Reducing Risk by Rethinking (Regulation 1)

Recommendations

Incentives to Industry for Adopting Improved Cybersecurity Practices (Regulation 1)

What’s Next for Cybersecurity After White House Order? (Regulation 1)

Cybersecurity Regulation through Executive Order (Regulation 1)

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