Two weeks ago, the White House Office of Management and Budget (OMB) issued a memorandum that has effectively extended review of regulations by OMB’s Office of Information and Regulatory Affairs (OIRA) to independent agencies. Until now, OIRA review has been limited to regulations issued by executive agencies—that is, cabinet departments and other agencies headed by officials who can be fired at the President’s whim. The memo also makes clear that non-legislative rules, or “guidance documents,” are subject to the Congressional Review Act and OIRA review, whether issued by executive or independent agencies. The memo from OMB is the latest in a series of regulatory process reforms to come out of the Trump Administration. Within the Administration’s first month, President Donald J. Trump issued Executive Order 13,771, which imposed a regulatory budget constraint on executive agencies and required them to remove two regulations for every new…
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