Search Results Archives: August 2015

August 16, 2015

Data Quality Act: Facts and Myths

The OMB Library

Agency Publicity in the Internet Era (ACUS)

History of the APA and OIRA Review

Professor Gellhorn, The APA and Recorded History

The Political Origins of the Administrative Procedure  Act

Review of McNollgast by Professor Alan Schwartz

Asimow on McNollgast

The Administrative Presidency as Reactive Oversight: Implications for Positive and Normative Theory

Administrative Procedures as Instruments of Political Control

APA 1951

APA at Fifty

Tozzi v. HHS  (Undue Deference to Agency)

Judicial Review of the DQA

OIRA: The Cockpit of the Regulatory State

Bagley Reviewability

Bumpers Amendment


Additional Questions and Comments

August 15, 2015

Professor Gellhorn, The APA, and OIRA

“McNollgast” describes the prevailing conclusion regarding the Administrative Procedure Act (APA), the mechanism used for implementing federal policy:

“According to most legal scholarship, the purpose of the APA was to codify and rationalize existing practice of procedural due process that had percolated in a haphazard manner through the courts in the 1930s. According to this account, the passage of the act was uncontroversial.

Gellhorn (1986: 232), for instance, states: “The measure was approved on May 24, 1946, without a recorded vote and with no indication of dissent. Thus, in an atmosphere of happy accord, ended what had begun as an exercise of the imagination.” Gellhorn and Davis (1986: 521) assert, “The real reason the Administrative Procedure Act did not cause a great turmoil when it was enacted was that to a considerable extent it is declaratory.”(1)

August 12, 2015

Executive Order 12866 Review

The more costly and controversial regulations are submitted  to OIRA before they are proposed and before they  are issued as a final rule. The articles below describe elements of the  review process.

The Reg Map: Informal Rulemaking

The Federal Rulemaking Process: An Overview

Executive Order 12866

A Student Primer on the Federal Regulatory Review Process

OIRA Governance

No issue is more basic than the rules that govern the management of OIRA. This page is dedicated to this important issue.

See this post On Matters of OIRA Governance the OIRA Teaching Module is Home Plate

August 11, 2015

Social Entrepreneurship and Centralized Regulatory Review

NSF Sponsored Research on Social Entrepreneurship

University of Pennsylvania, RegBlog, Policy Entrepreneurs: The Power of Audacity

Environmental Forum, Accomplishment Beyond Dollars

Ecopreneurist, Development of Social Entrepreneurs in US Could Add to Bottom Line of Nation

2nd Annual National Medical Cannabis Unity Conference, Keynote Address

Monthly Manifesto, Insights: Entrepreneurship—The Future of Corporate Social Responsibility

Administrative Law Review, OIRA’s Formative Years: The Historical Record of Centralized Regulatory Review Preceding OIRA’s Founding (p. 68)

Northwestern University School of Law, Bridges not Barriers: The Law-STEM Alliance as a Catalyst for Innovation, Bibliography of CLE Reading Materials


August 10, 2015

OIRA: The Cockpit of the Regulatory State

The regulatory state continues to expand. Which entity in the government has the stature, position and expertise to oversee the regulatory state? There is only one such organization—the Office of Information and Regulatory Affairs (OIRA)—in the White House Office of Management and Budget.

Scholars of the regulatory state have opined that OIRA is the most significant institutional feature of the regulatory state. The concept of an OIRA—centralized regulatory review—was first explored by the Johnson Administration and put into operation under the Nixon Administration. Every subsequent Administration not only endorsed OIRA but enhanced its authorities and responsibilities. The academic community and its many disciplines may make a significant contribution to the operation of this important organization by providing analyses of its effectiveness and ways to improve its operations by submitting comments through the mechanisms below and to the right of this post.

August 9, 2015

Social Media and Centralized Regulatory Review

Operating guidance on how to address Social Media is sporadic at best. There is no doubt that social media is a great invention for networking but its use for communicating in-depth information is less clear.

The Social Media and Public Participation in Rulemaking

Federal Banking Regulation and the Social Media

August 8, 2015

Paperwork Reduction Act

The Paperwork Reduction Act was signed into law in December of 1980. The PRA serves as the foundation for OIRA because it provides,

1. The statutory basis for OIRA’s existence.

2. OMB with absolute authority to approve or disapprove the collection of information from the private sector

3. OMB statutory authority over the information collection programs of the independent agencies

4. The statutory base for the enactment of the Data Quality Act.

See, the opening Congressional Testimony of Wayne Granquist, Associate Director of OMB, and Jim Tozzi, Assistant Director of OMB, February, 1980.

A Critique of Centralized Regulatory Review

There are thousands and thousand of regulators but less than fifty individuals in OIRA that seek to hold them accountable. Nonetheless there are countless articles criticizing OIRA as witnessed below. If you want a  challenge attempt to find articles in support of OIRA; while they exist they most certainly do not dominate the debate.

This forum, the Promotion of Teaching Models for OIRA, is a concentrated effort to balance the one-sided coverage of centralized regulatory review by providing information on OIRA’s modus operandi. One cannot expect an overworked and overly criticized group of civil servants to continue to survive without any outside constituency. Nor can we expect all readers of this forum to support OIRA but we can expect a balanced review of its operations.