Office of Information and Regulatory Affairs

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Office of Information and Regulatory Affairs
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Basic facts
Location:Washington, D.C.
Year founded:1980
Website:Official website
See also: Office of Management and Budget and Completed OIRA review of federal administrative agency rules

The Office of Information and Regulatory Affairs (OIRA) is a United States federal government office located within the Office of Management and Budget (OMB), itself a division of the Executive Office of the President. Its responsibilities include regulatory review, clearance and approval of government information collection requests, and oversight of government statistical practices and privacy policies. OIRA is responsible for reviewing and coordinating what it deems all significant regulatory actions made by federal agencies, excluding those defined as independent federal agencies.[1][2][3]

Mission

The official OMB website gives the following description of OIRA's responsibilities:

“ OIRA is the United States Government’s central authority for the review of Executive Branch regulations, approval of Government information collections, establishment of Government statistical practices, and coordination of federal privacy policy.[1][4] ”

Background

OIRA was established in 1980 by Congress as part of the Paperwork Reduction Act. It is a division of OMB, an agency within the Executive Office of the President.[3] OIRA is organized into five branches based on subject matter.[1]

According to an archived White House website, OIRA employed "approximately 45 full-time career civil servants" as of January 2017.[5] RegInfo.gov, a website managed by the Office of Management and Budget and General Services Administration, reported as of August 2017 that OIRA employed "about 50 full-time professionals."[3] Both sources report that OIRA staff come from a variety of backgrounds in economics, law, public policy, statistics, public health, engineering, and other social science and technical fields.[5][3]

Work

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OIRA's responsibilities have been assigned to it over time by a variety of statutes and executive orders. According to the OMB website, OIRA is tasked with the following responsibilities:[1]

  • reviews "drafts of proposed and final regulations under a variety of statutory and Executive Order authorities"
  • "coordinates retrospective review of regulation under Executive Order 13610"
  • "reviews and approves Government collections of information from the public under the Paperwork Reduction Act"
  • "oversees the implementation of government-wide policies in the areas of information policy, privacy, and statistical policy"
  • "coordinates agency implementation of the Information Quality Act, including the peer review practices of agencies
  • "participates in implementation of the Small Business Regulatory Enforcement and Fairness Act (SBREFA)"
  • "coordinates the Administration’s efforts under Executive Order 13609 to improve regulatory cooperation with our key trading partners, including Canada and Mexico"

Regulatory review

See also: Executive Order 12866

OIRA plays a role in the regulatory review process and presidential oversight of agency rulemaking. It reviews both new and pre-existing agency regulations, including proposed and final rules, under the authority of Executive Order 12866, the Congressional Review Act, and other orders and statutes.[1][2]

Under Executive Order 12866, OIRA is responsible for reviewing and coordinating what it deems to be all significant regulatory actions made by federal agencies, excluding those defined as independent federal agencies. Significant regulatory actions include agency rules that have had or may have a large impact on the economy, environment, public health, or state and local governments and communities. Significant regulatory actions also include agency rules that may conflict with other regulations or with the priorities of the president.[1][2]

As part of its review process, OIRA examines the rulemaking agency's analysis of the costs and benefits of its rule. It also attempts to ensure that executive agency policies reflect the priorities of the president. Under E.O. 12866, OIRA has 90 days (with a possible 30 day extension) to complete its review of a significant regulatory action; the rule in question cannot be published in the Federal Register until the office completes its review without recommendations or the review period expires. OIRA review may result in one of the following outcomes:[5][6]

  • Consistent without change: OIRA approved of the rule and no changes were made.[7]
  • Consistent with change: OIRA approved of the intent of the rule, but made changes to the content. This is the most common outcome of an OIRA review.[7]
  • Returned: OIRA found fault with the substance or intent of the rule during the review process and returned the rule to the agency for further consideration. A returned rule is accompanied by a return letter from OIRA that outlines the issues with the rule and offers suggestions to either improve the rule or withdraw the proposal.[7]
  • Withdrawn: The agency withdrew the rule from the review process. The agency may intend to revise and resubmit the rule or abandon the proposal altogether.[8]

Every month, Ballotpedia compiles data about regulatory reviews conducted by OIRA. Click here to view this project.

RegInfo.gov

OIRA makes information about its review of what are known as significant regulatory actions available to the public via the Internet at RegInfo.gov, a government website operated by the Office of Management and Budget and the General Services Administration. Notices of public meetings held by OIRA under E.O. 12866 are also posted on this website.[1][3]

Leadership

The OIRA administrator is appointed by the president and confirmed by the Senate.[1]

President Joe Biden (D) nominated Richard Revesz to serve as OIRA administrator on September 2, 2022. Revesz was confirmed by the U.S. Senate by voice vote on December 21, 2022.[9][10]

Noteworthy events

Trump administration ends IRS exemption from OIRA review (2018)

The U.S. Office of Management and Budget (OMB) and the U.S. Department of the Treasury released a memorandum of understanding on April 12, 2018, granting OIRA the authority to review proposed major tax regulations issued by the Internal Revenue Service (IRS).[11][12]

The memorandum of understanding ended an IRS exemption from OIRA's regulatory review process that had been in place since 1983. The Trump administration had sought to bring major IRS regulations under OIRA's regulatory review process since the passage of the administration's tax legislation, the Tax Cuts and Jobs Act, in December 2017.[11]

The memorandum of understanding subjected the following types of IRS regulations to OIRA's regulatory review process:[12]

“ A tax regulatory action will be subject to review by OIRA under section 6 of Executive Order 12866 if it is likely to result in a rule that may:
(a) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;
(b) raise novel legal or policy issues, such as by prescribing a rule of conduct backed by an assessable payment; or
(c) have an annual non-revenue effect on the economy of $100 million or more, measured against a no-action baseline.[12][4]
 ”

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 Office of Management and Budget, "Information and Regulatory Affairs," accessed February 26, 2024 Cite error: Invalid <ref> tag; name "OIRA" defined multiple times with different content
  2. ↑ 2.0 2.1 2.2 Office of Management and Budget, "The Mission and Structure of the Office of Management and Budget," archived December 19, 2016
  3. ↑ 3.0 3.1 3.2 3.3 3.4 RegInfo.gov, "Frequently Asked Questions," accessed August 3, 2017
  4. ↑ 4.0 4.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  5. ↑ 5.0 5.1 5.2 Office of Management and Budget, "About OIRA," accessed July 19, 2017
  6. ↑ Federal Register, "Executive Order 12866," October 4, 1993
  7. ↑ 7.0 7.1 7.2 Center for Effective Government, "The Players in Rulemaking," accessed September 4, 2017
  8. ↑ Office of Information and Regulatory Affairs, "FAQ," accessed September 4, 2017
  9. ↑ Congress.gov, "PN2637 - Richard L. Revesz - Executive Office of the President," accessed February 26, 2024
  10. ↑ Congressional Research Service, "President Biden Nominates OIRA Administrator," September 22, 2022
  11. ↑ 11.0 11.1 Politico, "Mulvaney prevails in turf battle over tax regs," April 12, 2018
  12. ↑ 12.0 12.1 12.2 U.S. Department of the Treasury, "Memorandum of Agreement," accessed August 7, 2018
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