Archive for April, 2017

As deadline nears, few agencies have the regulatory czars Trump requested

From: CNBC



CNBC reached out to 20 government agencies to inquire about the status of the regulatory reform appointment and the progress of the corresponding task force. Just a handful of agencies responded with the names of their appointees.


The Department of Education declined to comment, as did the Department of Health and Human Services. The Department of Veterans Affairs directed inquiries to the White House. The White House directed the question to the Office of Management and Budget. A spokesperson for the OMB told CNBC: “We are working with agencies and compiling information as we speak.”

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

Fr0m: Inside Health Policy

Nicholas Florko


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.


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.

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


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!


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:

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?”


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

From: Office of Management and Budget

Mick Mulvaney, Director


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.

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.

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

From: Office of Information and Regulatory Affairs


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”


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