From: American Action Forum

Dan Goldbeck, Dan Bosch


One can describe “regulatory policy” in many ways: mundane, opaque, monotonous, complex, legalistic. The list goes on. In order to help provide a clearer and more straight-forward view into this world, the American Action Forum (AAF) will seek to provide a brief illustration of a notable regulatory trend we have identified in a given week. This week’s entry: The reinstatement of the Equal Employment Opportunity Commission’s (EEOC) revised form EEO-1.


The situation is interesting because OIRA’s effort to review the wage information collection relied on its authority under the Paperwork Review Act (PRA) in an attempt to substantively modify an action of an independent agency. OIRA can review and approve significant rules of executive agencies under EO 12,866. That order does not extend the same ability to the rules of independent agencies. The court’s decision does not suggest that OIRA did not have the authority to review the form under the PRA, but simply that OIRA did not have a good reason to review this form that it had previously cleared.

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