Administrative Procedures

Photo of Mark Febrizio

Tracking Regulatory Activity through Trends in Federal Budgets

November 12, 2019

11/12/19 -- The FY 2020 Regulators’ Budget requests an overall increase in spending. Details within that request point to a notable increase in spending for agencies focused on homeland security, with a decrease in agency spending for regulators focused on the environment and energy.

Photo of Brian Mannix

Exhaustion can be Exhausting! EPA Proposes Reforms to Permit Appeals Process

November 06, 2019

11/6/19 -- The proposed Environmental Appeals Board reforms will provide a faster path to a final EPA decision, so that applicants can either live with it or challenge it in court, but in either case they will not be stuck in administrative limbo.

Image of Budgetary Costs of Federal Regulation from 1960 to 2020.

Regulators’ Budget: Homeland Security Remains Key Administration Priority

October 23, 2019

By: Mark Febrizio, Melinda Warren, and Susan Dudley
10/23/19 -- The annual report for FY 2020 finds that the president's proposed Budget would increase overall spending on regulatory agencies over FY 2019 levels. The total request of $75.2 billion in regulatory outlays is a 2.9% increase year-to-year when adjusted for inflation. The report also finds that the number of regulators would rise from 281,606 to 287,063 – a 1.9% increase relative to 2019. These topline figures hide some large proposed increases in some regulatory agencies and large decreases in others. Regulators in the Department of Homeland Security would receive a 9.2 percent real increase in resources and a 5.6 percent increase in staff in 2020. On the other hand, the Department of Energy would receive 31.8 percent less in 2020 than appropriated in 2019.

Photo of Aryamala Prasad

Are Agencies Responsive To Mass Comment Campaigns?

October 07, 2019

10/7/19 -- New research finds that agencies perform a detailed review of mass comment campaigns on their proposed rules, but the affect of these campaigns on the outcome of final rules may be negligible.

Photo of Jerry Ellig

Bigger Stones for David: Tools to Give OIRA More Leverage in Regulatory Review

October 02, 2019

10/2/19 -- Regulatory review of agency rulemaking activity through the Office of Information and Regulatory Affairs should be linked to each agency’s strategic planning, and carry budgetary consequences. This will help agencies to more clearly define their goals, achieve their objectives, and reward positive results.

Chart from report on mass comment campaigns

Lost in the Flood?: The Efficacy of Mass Comment Campaigns in Agency Rulemaking

October 02, 2019

By: Steven J. Balla, Alexander R. Beck, Elizabeth Meehan, and Aryamala Prasad
By assembling information about more than 1,000 mass comment campaigns that occurred during Environmental Protection Agency rulemakings between 2012 and 2016, the analysis addresses the manner in which the agency responds to campaigns and the association between campaigns and the substance of rules.

Policy and Internet journal logo

Where's the Spam? Interest Groups and Mass Comment Campaigns in Agency Rulemaking

September 27, 2019

By: Steven J. Balla, Alexander R. Beck, William C. Cubbison, & Aryamala Prasad
Through an analysis of more than one thousand mass comment campaigns submitted on Environmental Protection Agency rulemakings between 2012 and 2016, this article's findings suggest that mass comment campaigns are not a phenomenon meriting unique explanation, but rather occur in a manner similar to lobbying in other policymaking venues, such as lawmaking in Congress. The research also confirms expectations that campaigns submitted by regulated entities (i.e., industries) are more substantive than campaigns generated by beneficiaries of stringent regulations (e.g., environmental advocacy groups).

Image of Bridget Dooling

An OIRA Rule on Rules

September 16, 2019

9/16/19 -- Judicial review of agency benefit-cost analysis is on the rise. Although courts are paying more attention to these analyses, they lack a robust toolkit to assess them. A cross-government rule, written by OIRA, could help by giving courts a set of standards against which they can assess agency rules.

Photo of Jerry Ellig and Richard Williams

David Versus Godzilla: Bigger Stones

September 12, 2019

By: Jerry Ellig & Richard Williams
For nearly four decades, U.S. presidents have issued executive orders requiring agencies to conduct comprehensive regulatory impact analysis (RIA) for significant regulations to ensure that regulatory decisions solve social problems in a cost-beneficial manner. Yet experience demonstrates that agency RIAs often fail to live up to the standards enunciated in executive orders and OMB guidance. We suggest four managerial changes that could increase OIRA’s leverage.

Photo of Brian Mannix and Bridget Dooling

Codifying the Cost-Benefit State

September 12, 2019

By: Brian F. Mannix & Bridget C.E. Dooling
In this article we focus on the executive’s authority to write a cross-government “rule-on-rules” to govern regulatory analysis, including benefit-cost analysis and the courts’ authority to enforce such a rule.

Photo of Susan Dudley

OIRA Past & Future

September 12, 2019

By: Susan E. Dudley
While some of the Office of Information and Regulatory Affair’s functions are statutorily granted, others—notably those related to regulatory policy—derive from presidential executive orders. This paper reflects on OIRA's evolution over the almost 40 years since the Paperwork Reduction Act created it in 1980 to understand what has made it so durable.

Photo of Susan Dudley

The Ambition of the Administrative State

August 29, 2019

8/30/19 -- America’s Founding Fathers strove for a government based on a separation of powers, wherein federal power would be limited, and divided among three branches. Counting on “ambition [to] counteract ambition,” they designed the Constitution to allow each branch to challenge the powers or decisions of another. Over the last century, the executive branch has grown dramatically, raising questions as to how relevant the Framers’ notion of checks and balances is today.

Photo of Jessica Payton

OIRA Wants You…To Schedule Meetings Online

August 19, 2019

8/19/19 -- In an effort to modernize a critical part of the rulemaking process, the Office of Information & Regulatory Affairs recently developed an online platform for individuals and groups interested in a particular proposal to request a formal meeting.

Photo of Joe Cordes

Testimony: Agricultural Research and 2018 Farm Bill Implementation

July 31, 2019

By: Joseph J. Cordes
On June 13, 2019, the U.S. Department of Agriculture (USDA) released what it describes as a “Cost-Benefit Analysis” of the proposed relocation of NIFA and ERS from Washington DC to Kansas City. Based on its analysis the USDA concludes that relocation of these two agencies would save $19 million per year which could be reinvested in other USDA programs. This written testimony accesses the agency's benefit cost analysis under Circular A-94 standards.

Image of Zhoudan Xie

Bounded Rationality in the Rulemaking Process

July 23, 2019

7/23/19 -- Regulators are humans, not robots. This simple truth reminds us that individual decision-makers responsible for developing and implementing regulations face the same cognitive limitations that consumers face in the marketplace. Institutional reforms to regulators’ choice architecture may help mitigate these biases.