For Parents of Rape Survivors, OIRA's 'Open Door' to Nowhere

by James Goodwin | November 06, 2018

The meeting logs for the White House Office of Information and Regulatory Affairs (OIRA) – the small but powerful bureau that oversees federal rulemaking efforts on behalf of the president – have looked a little different in recent weeks. As usual, they are graced by high-priced corporate lobbyists and attorneys from white-shoe law firms, along with a smattering of activists from public interest organizations. But also signing in have been nearly a dozen ordinary Americans, representing only themselves, and they've been there to express their views on one rule: the Department of Education's proposal to weaken existing federal measures aimed at addressing sexual assaults on college campuses

The draft proposal, which has been a top of priority of Education Secretary Betsy DeVos the last few months, is attracting considerable controversy. It overturns several decades' worth of federal policy on the issue of sexual misconduct at federally funded educational institutions and codifies several extreme measures that, when taken together, would limit the ability of survivors to hold their abusers accountable. According to a leaked version, the proposal would significantly narrow the definition of what constitutes sexual misconduct, grant those who are accused new procedural privileges that will likely discourage survivors from coming forward, and make it easier for educational institutions to avoid accountability for failing to address sexual misconduct that occurs within their communities. 

The draft proposal has been undergoing review ...

Executive Order 12866 Is Basically Dead, and the Trump Administration Basically Killed It

by James Goodwin | October 01, 2018
Sunday marked the 25th anniversary of the issuance of Executive Order 12866, but it was hardly a happy occasion. For all intents and purposes, though, the order, which governs the process by which federal agencies develop regulations under the supervision of the White House Office of Information and Regulatory Affairs (OIRA), is dead. Despite all the glowing praise over the years and all the exaltations of its supposed durability, its health had been in decline for several years. It was ...

CPR Member Scholars and Staff Express Support for Sen. Warren's Anti-Corruption Bill

by James Goodwin | September 06, 2018
Today, 18 CPR Member Scholars and staff sent a letter to Sen. Elizabeth Warren expressing their support for her recently introduced bill, the Anti-Corruption and Public Integrity Act, in particular its provisions to reform the regulatory system so that it works for all Americans. These provisions are just one component of the bill’s comprehensive effort aimed at restoring the principles of government “of the people, by the people, and for the people” to our policymaking institutions by ridding them of ...

Senators' Letter Brings Welcome Oversight to Troubled White House Office

by James Goodwin | May 10, 2018
Yesterday, six senators, led by Sen. Maggie Hassan of New Hampshire, criticized Trump administration "regulatory czar" Neomi Rao and her office for what appears to have been a slapdash review of a highly controversial Environmental Protection Agency (EPA) draft policy designed to stifle the agency's progress on advancing environmental and public health protections. Rao is the administrator of the White House Office of Information and Regulatory Affairs (OIRA), a small but powerful bureau located within the Executive Office of the ...

FERC Rejection of Coal Subsidies Proposal Demonstrates Importance of Independent Agencies

by James Goodwin | January 09, 2018
On January 8, the Federal Energy Regulatory Commission (FERC) struck a resounding blow against the Trump administration's ill-advised agenda to put its thumb on the scale of the energy market by propping up the coal industry, unanimously rejecting a controversial proposal by Department of Energy (DOE) Secretary Rick Perry. Perry's plan would have resulted in working families and small businesses subsidizing the coal industry to the tune of hundreds of millions or even billions of dollars. Dozens of energy policy ...

The Most Important Revolving Door You've Never Heard Of

by James Goodwin | June 29, 2017
Earlier this week, Axios and Greenwire ($) reported that international oil behemoth BP is bringing on a new lobbyist to work on "[r]egulatory reform advocacy related to Federal energy and environmental rules," as described in the required lobbying disclosure statement. That in itself is hardly news. What makes this story remarkable is who the lobbyist is, or in this case, was. Nathan Frey, who appears to be the only partner with the lobbying firm Regulatory Strategies and Solutions Group, used ...

New Report: With Assault on Safeguards, Trump Trounces Constitution, U.S. History

by James Goodwin | June 21, 2017
Today, Neomi Rao is likely to take one step closer to becoming the Administrator of the Office of Information and Regulatory Affairs (OIRA) – that is, the Trump administration's "regulatory czar" – with the Senate Homeland Security and Governmental Affairs Committee expected to favorably report her nomination to the Senate floor for a final confirmation vote.  As detailed in an April 2017 CPR report on her nomination, Rao would arrive at her new position with little substantive expertise related to ...

Questions Arise as Senate Prepares to Take Up Nomination for Key Trump Regulatory Post

by Robert Verchick | June 06, 2017
Tomorrow, the Senate Committee on Homeland Security and Governmental Affairs will examine and likely vote on President's Trump's selection for Administrator of the Office of Information and Regulatory Affairs (OIRA). OIRA is the most important government office most Americans have never heard of. It is the depot through which all regulatory freight must pass, the place where ideas go to be sorted, weighed, green-lighted, or buried. It's the ganglia of the president's bureaucratic brain. At the center of those fluttering ...

New Report: Trump's New 'Regulatory Czar' and the Continuing Assault on Our Safeguards

by James Goodwin | April 20, 2017
As the clock ticked closer to the end of the work day a few Fridays back, the Trump administration quietly made an announcement certain to put smiles on the faces of many corporate interest lobbyists in and around the DC Beltway: Neomi Rao, a little known but very conservative law professor at George Mason University's Scalia Law School, would be the nominee for Administrator of the White House Office of Information and Regulatory Affairs (OIRA). The announcement probably went unnoticed ...

The Key Ingredient in Trump's Anti-Reg Two-for-One Executive Order? Fuzzy Math

by James Goodwin | April 12, 2017
Steve Bannon's crusade to deconstruct the administrative state took two big steps forward last week, concluding with Donald Trump nominating George Mason University Law School professor Neomi Rao as his "regulatory czar." CPR will publish a new report on the role of the Office of Information and Regulatory Affairs (OIRA) Administrator during the Trump administration in the days to come, but for now, I want to focus on the first big development: Acting Administrator Dominic Mancini's new memo providing agencies ...

CPR's Heinzerling Calls on Next President to Scrap White House Regulatory Review Process, Start from Scratch

by Brian Gumm | October 31, 2016
Earlier this month, the American Constitution Society for Law and Policy published a collection of essays filled with legal and policy recommendations for the next president. Center for Progressive Reform Member Scholar Lisa Heinzerling closed out the publication with a piece on improving federal environmental policy, which includes recommendations for how the next president can ensure that the White House Office of Information and Regulatory Affairs (OIRA) stays out of the way.  Under the auspices of a series of executive ...

Five Years Ago Today: When Obama Put Politics Ahead of the Public Interest

by James Goodwin | September 02, 2016
September 2, 2011, was a lot like today, the Friday before a long holiday weekend.  While many were already turning their attention to backyard barbecues and afternoon naps in hammocks, the then-Administrator of the White House Office of Information and Regulatory Affairs (OIRA) Cass Sunstein, the controversial official charged with supervising federal regulatory activities, dropped a bombshell. In a notice known as a “return letter,” Sunstein publicly announced that President Obama was rejecting what would have been one of the most important ...

Old and New Capture

by Sidney Shapiro | July 07, 2016
Originally published on RegBlog by CPR Member Scholar Sidney Shapiro. Although it is well known that regulatory capture can subvert the public interest, it is becoming increasingly clear that there are two forms of capture that can affect the performance of regulatory agencies. The "old capture"—which is what most of us think of when we think of regulatory capture—occurs when regulators become so co-opted by the regulated entities or special interests they are supposed to regulate that they end up working to ...

CPR's Driesen to Give House Judiciary a Tough Review of OIRA

by James Goodwin | July 06, 2016
This afternoon, the House Judiciary Committee's Subcommittee on Regulatory Reform, Commercial, and Antitrust Law will hold an oversight hearing that looks at the Office of Information and Regulatory Affairs (OIRA), the powerful White House bureau that sits at the center of the regulatory universe.  Originally created to oversee federal agencies' implementation of the Paperwork Reduction Act, a series of presidential executive orders stretching back to the Reagan administration has endowed OIRA with a powerful gatekeeping role over executive agencies' rulemaking ...

On Regulatory Reform, It's Now Warren vs. Sunstein

by James Goodwin | April 19, 2016
Several weeks ago, Sen. Elizabeth Warren delivered perhaps the most important speech on the U.S. regulatory system in recent memory at a forum on regulatory capture organized by the Administrative Conference of the United States. In it, she described how the regulatory system was not working for the people as it should be – or as Congress had intended. Instead, she described how corporate influence over the regulatory process has become so far-reaching and so overwhelming that it has become ...

No Benefits Allowed? Mercatus Study on Federal Regulation and the States

by James Goodwin | April 08, 2016
Over the last few years, deregulatory advocates have pursued a well-trodden path for advancing their anti-safeguard agenda: Publish a large, glossy "study," replete with impressive mathiness, that purports to measure the impacts of regulation but in fact provides a highly skewed portrayal by consciously ignoring the many benefits that regulations provide. (For example, see here, here, and here.) Last week, the libertarian Mercatus Center did the latest trodding when it released a study that ranked all 50 states (and the ...

18th Straight OMB Annual Report in a Row Finds Total Regulatory Net Benefits

by James Goodwin | March 15, 2016
Over the weekend, the White House Office of Management and Budget (OMB) released the final draft of its annual report on the costs and benefits of federal regulation, which purports to provide a reasonably complete picture of the total impact that federal regulations have on the U.S. economy. This year’s final report finds that federal regulations generated total benefits in the range of $216 billion to $812 billion (in 2001 dollars; in 2010 dollars, the range recalculates to $261 billion ...

Shining Light on Regulatory Capture: Four Proposals

by Sidney Shapiro | March 11, 2016
The subject of regulatory capture was back on Capital Hill last week as the result of a briefing sponsored by Administrative Conference of the United States (ACUS). In 2010, I testified concerning regulatory capture in a Senate hearing chaired by Senator Sheldon Whitehouse (D-RI), but in the midst of the broad-scale conservative assault on regulation, the issue hasn’t gotten nearly the attention it deserves. That’s unfortunate for a simple reason. As Rena Steinzor and I establish in our book, many ...

Two Years and Counting: Looking Forward

Farber | Dec 10, 2018 | Environmental Policy

Two Years and Counting: A Historical Perspective

Farber | Dec 06, 2018 | Environmental Policy

Two Years and Counting: Trump at Mid-Term

Farber | Dec 03, 2018 | Environmental Policy
Recommended Resources:
Regulatory Policy
Assault on Our Safeguards

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