Planet Money: OIRA – The Tiny Office That's About to Remake the Federal Government

Released April 16, 2025 by NPR's Planet Money

Introduction to OIRA and Its Significance

Planet Money dives deep into the often-overlooked yet pivotal role of the Office of Information and Regulatory Affairs (OIRA) within the federal government. Hosted by Keith Romer and Erica Barras, the episode features insights from Susan Dudley, a seasoned expert in government regulation, Corey Frair, a former SEC advisor, and Christina Rodriguez, a Yale law professor.

Understanding Regulations and OIRA’s Role

The conversation begins with Susan Dudley highlighting the critical yet underappreciated nature of regulatory studies:

“People are very familiar with how a bill becomes a law from the Schoolhouse Rock video. They're less familiar with how regulations are made. And it's the regulatory agencies through administrative law that actually make that law that we feel in our day to day lives.”
—Susan Dudley [02:04]

Keith Romer emphasizes the sprawling nature of federal regulations, pointing out examples like car safety standards from the Department of Transportation (DOT) and nutritional guidelines from the FDA.

The Birth and Evolution of OIRA

OIRA was established in 1980 during President Jimmy Carter's administration as an information clearinghouse for the executive branch. Ronald Reagan significantly enhanced its authority by mandating that all new federal regulations undergo OIRA review before implementation.

“As part of Reagan's attempt to rein in government regulation, he signed an executive order that said any new rules from federal agencies now have to be reviewed by OIRA before they go into effect.”
—Keith Romer [08:12]

Susan Dudley recounts her experiences with OIRA, emphasizing its centrality to federal operations:

“If you Google obscure but powerful government agency, OIRA probably will show up on the first page.”
—Susan Dudley [07:28]

OIRA’s Influence on Independent Agencies

Traditionally, independent regulatory agencies like the SEC, FTC, FCC, and the Federal Reserve have operated with a significant degree of autonomy to ensure unbiased decision-making. Corey Frair explains the importance of this independence:

“The hope is that these independent agencies would make fair, unbiased decisions, would not be subject to political influence, and use their technical expertise to come up with the best policies that they can.”
—Corey Frair [12:25]

These agencies are structured to resist direct presidential control, with commissioners appointed for fixed terms and protected from arbitrary dismissal.

Trump’s Executive Order 14215: A Game Changer for OIRA

In a groundbreaking move, President Donald Trump signed Executive Order 14215, dramatically expanding OIRA’s authority. This order mandates that previously independent agencies now undergo OIRA review for any new regulations.

“This new executive order takes the independence of the independent agencies and kind of just tears it up. By the end of the week, the SEC, FTC, FCC, they are all going to have to go through the OIRA process too, which means OIRA and potentially also the president will get to weigh in on any big new regulation they want to implement.”
—Keith Romer [15:08]

Reactions and Implications

Corey Frair criticizes the executive order, arguing it undermines the foundational independence of key regulatory bodies:

“This is a terrible idea. When you outright state that your intention is to interfere in an agency's independent rulemaking process... it undermines the basic institutions of democracy.”
—Corey Frair [15:45]

Conversely, Susan Dudley offers a more optimistic perspective, believing that OIRA’s increased oversight will enhance the quality of regulations:

“I think it will make government regulations better by holding the rules put out by the independent agencies to a higher standard.”
—Susan Dudley [16:20]

However, she expresses concern about the longevity and perception of these changes:

“I worry that anything that this president does by executive order, the next president can undo by executive order.”
—Susan Dudley [28:34]

The Unitary Executive Theory and Legal Challenges

The episode delves into the unitary executive theory, which posits that all executive power resides with the president, advocating for complete control over the executive branch. Christina Rodriguez challenges this theory, emphasizing the constitutional safeguards established by Congress to maintain agency independence.

“Congress makes the decision that some domains of regulation require insulation from politics.”
—Christina Rodriguez [23:11]

Legal battles are anticipated as courts, including the Supreme Court’s conservative majority, assess the legality of Trump’s executive order. Recent rulings, such as the temporary hold on the removal of Democrat appointees from the National Labor Relations Board, signal ongoing contention.

Towards a Potential Constitutional Crisis

Christina Rodriguez voices grave concerns about the administration's actions, suggesting a drift towards autocracy:

“I think that we are approaching a world in which the government, especially the executive branch and the president, are unaccountable either to the people or to the law.”
—Christina Rodriguez [27:11]

Conclusion: Divergent Perspectives on OIRA’s Future

The episode wraps up by contrasting the alarm raised by legal experts with Susan Dudley’s cautious optimism. While some view the expansion of OIRA’s power as a step towards consolidating executive control, others see it as a means to enhance regulatory quality.

“This probably sounds Pollyannish, but I think it means that the independent regulatory agencies will do a more thorough analysis and their regulations will be better and we will increase social welfare, which is what OIRA's mission is.”
—Susan Dudley [28:08]

As Executive Order 14215 solidifies, the future of OIRA and its impact on American governance remains a contentious and unfolding story, poised to shape the balance of power within the federal government.

Notable Quotes

• Susan Dudley [02:04]: “People are very familiar with how a bill becomes a law from the Schoolhouse Rock video. They're less familiar with how regulations are made. And it's the regulatory agencies through administrative law that actually make that law that we feel in our day to day lives.”

• Keith Romer [08:12]: “As part of Reagan's attempt to rein in government regulation, he signed an executive order that said any new rules from federal agencies now have to be reviewed by OIRA before they go into effect.”

• Corey Frair [15:45]: “This is a terrible idea. When you outright state that your intention is to interfere in an agency's independent rulemaking process... it undermines the basic institutions of democracy.”

• Christina Rodriguez [27:11]: “I think that we are approaching a world in which the government, especially the executive branch and the president, are unaccountable either to the people or to the law.”

Production Credits

Planet Money episode produced by James Sneed and Will Rubin, edited by Jess Zhang, fact-checked by Ciara Juarez, and engineered by Jimmy Keeley. Executive Producer: Alex Goldmark. Special thanks to Carolyn Maraskin from DC Design Tours and Carrie Colonisi.

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