It's Past Time to Appoint an OIRA Administrator

It has now been nearly seven months since Cass Sunstein left his job as Administrator of the White House Office of Information and Regulatory Affairs (OIRA). Much has happened in that time, most significantly an election that returned President Obama to the White House, but also a growing recognition that whatever second-term accomplishments the President is able to register on climate change and a number of other issues are likely to be brought about through regulation, not legislation. That's precisely why it's important to fill Sunstein's job with someone who'll help regulatory agencies accomplish their important work. Unfortunately, the President has yet to nominate a successor. As a result, Sunstein's temporary replacement, Boris Bershteyn, will reach a milestone in just a few days: Under the law, his time as Acting Administrator is up. It would shock no one if the White House did nothing more than strip him of the "Acting Administrator" designation. That's what it did with Jeffrey Zients, who timed out of the role of Acting Administrator of the Office of Management and Budget, and is now described as the person who "leads" OMB. (This morning, Sylvia Mathews Burwell was nominated to be OMB Director, along with Gina McCarthy for EPA Administrator and Ernest Moniz for Energy Secretary). But that's a lousy way to run OIRA, particularly now, when it is sitting on a bunch of crucial safeguards and is in desperate need of new direction. From all outward appearances, little at OIRA has changed under Bershteyn's nearly seven-month leadership, and that's bad news for the public. As I write, more than 60 proposed or final rules from agencies have been stuck at OIRA for longer than the 120 days permitted under Executive Order 12866, which allows for a 90-day review with a possible 30-day extension. Among the stalled rules: A National Highway Traffic Safety Administration (NHTSA) final rule to require "back-up" cameras on cars. About 100 people - many children - die every year in backup incidents; Congress passed a law in 2008 requiring NHTSA to issue a rule to address the problem. OIRA has held the rule for more than a year; it is beyond the legal deadline set by Congress. An FDA rule requiring food importers to verify that their products were produced under conditions that comply with the agency's food safety requirements. The rule was required under the Food Safety Modernization Act, signed by President Obama in January of 2011. OIRA has held the rule for more than a year; it is beyond the legal deadline set by Congress. An Occupational Safety and Health Administration (OSHA) proposed rule to limit worker exposure to silica, which sickens thousands and kills dozens each year. OIRA has held the rule for more than two years.