Should Congress Have Greater Oversight of the Regulatory Review Process Through OIRA? (H.R. 1009)

What is H.R. 1009?

(Updated December 8, 2021)

This bill would look strengthen congressional oversight over the regulatory process by making the responsibilities of the Office of Information and Regulatory Affairs (OIRA) into permanent law. It also establishes a review process for proposed regulations and past regulations. OIRA was created in 1981 and given the responsibility of reviewing regulations by a 1981 executive order by President Ronald Reagan.

OIRA would be required to produce a written report about a proposed regulation to enhance transparency in the regulatory process. The Administrator of OIRA would receive a list of all planned regulatory actions from the heads of all federal agencies that identifies whether the action is considered significant, which is defined as a regulation that has an impact of more than $100 million on the economy. When OIRA determines that an action is considered significant, it would notify the agency within 10 days.

OIRA and the agency would work collaboratively to set a deadline for reviewing the regulations, but OIRA would be able to complete expedited reviews or 10-day reviews under certain circumstances, with 90 days the general timeframe.

Regulatory reviews would be disclosed the public online in as plain of language as possible.

Argument in favor

Congress needs to ensure that federal agencies submit all major regulations to OIRA for approval without letting the agency determine which are “significant.”

Argument opposed

OIRA already reviews major regulations that agencies send its way, and agencies can be relied upon to determine for themselves what “significant” rules are.

Impact

The public; federal agencies; and OIRA.

Cost of H.R. 1009

The CBO estimates that enacting this bill would increase costs to OIRA and federal agencies by $20 million over the 2018-2022 period, or about $4 million per year.

Additional Info

In-Depth: Sponsoring Rep. Paul Mitchell (R-MI) introduced this bill to “strengthen congressional insight and accountability over the regulatory process,” and added in a press release:

“In recent years, the regulatory state has grown to unprecedented levels. Unelected bureaucrats have exceeded their authority by creating regulations that negatively impact families and job creators. This legislation would strengthen the Congressional authority over the Office of Information and Regulatory Affairs to ensure it functions effectively as the first line of defense to stop overly burdensome regulations.”

Rep. Elijah Cummings (D-MD) expressed his opposition to this bill, saying that it would “enhance the stature of OIRA in the rulemaking process in a manner that undercuts the role of agencies” and fears that could “lead to political interference through delays in rulemakings.”

This legislation passed the House Oversight and Government Reform Committee on a 23-16 vote, and has the support of four Republican cosponsors in the House.

Media:

• Sponsoring Rep. Paul Mitchell (R-MI) Press Release
  
• Committee Report
  
• CBO Cost Estimate