Should Independent Regulatory Commissions Be Subject to OIRA Review? [No. 86]

Professor Sally Katzen explains the benefits of the Office of Information and Regulatory Affairs (OIRA) review for agencies. Executive agencies, who expect to be reviewed, gather large quantities of data and conduct careful analysis because they know OIRA will request such preparation. Independent Regulatory Commissions (IRCs) are not currently subject to OIRA review. Although certain aspects of an IRC need to remain independent, Professor Katzen argues that proposed regulations could benefit from a more rigorous analysis offered by OIRA.

Professor Sally Katzen is the Co-Director of the Legislative and Regulatory Process Clinic at New York University School of Law.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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