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Responding to Agency Avoidance of OIRA
Originally published in Harvard Journal of Law and Public Policy
In this article, the authors summarize the system of presidential regulatory oversight through OIRA review, as well as analyze the incentives for agencies to cooperate with or avoid OIRA. The authors identify a broad array of agency avoidance tactics, as well as corresponding response options available to OIRA, the President, Congress, and the courts.
In this article, the authors summarize the system of presidential regulatory oversight through OIRA review, as well as analyze the incentives for agencies to cooperate with or avoid OIRA. The authors identify a broad array of agency avoidance tactics, as well as corresponding response options available to OIRA, the President, Congress, and the courts. They argue that the relationship between agencies and oversight involves ongoing repeated interactions; some avoidance tactics are easier to address than others. The authors urge that responses to agency avoidance should be based on weighing the pros and cons of alternative response options, including the possibilities of subsequent moves and countermoves.