The Office of Information and Regulatory Affairs (OIRA): Overview and Major Responsibilities
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The Office of Information and Regulatory
Affairs (OIRA): Overview and Major
Responsibilities
May 27, 2025
Congressional Research Service
https://crsreports.congress.gov
R48546
SUMMARY
The Office of Information and Regulatory
Affairs (OIRA): Overview and Major
Responsibilities
The Office of Information and Regulatory Affairs (OIRA) is an entity within the Office of
Management and Budget (OMB). OIRA was created by the Paperwork Reduction Act (PRA) of
1980, which restructured federal responsibilities related to the coordination of federal reporting to
more broadly encompass the coordination of federal information policy overall.
The PRA provided that the OIRA administrator would serve as the principal advisor to the OMB
director on federal information policy. The OIRA administrator is appointed by the President and
subject to Senate confirmation. Specific areas of responsibility assigned to the OMB director
under the PRA have been delegated to OIRA. In 1995, the PRA was amended to define OIRA’s
seven areas of responsibility, including (1) information resources management, (2) information
collection and control of paperwork, (3) information dissemination, (4) statistical policy and
coordination, (5) records management, (6) privacy and security, and (7) federal information
technology. Pursuant to the statutory responsibilities listed in the PRA, OIRA has substantial
responsibilities and influence over how agencies collect, use, and share their information. As the
principal entity responsible for managing information resources within the Executive Office of
the President, OIRA operates under a mixture of statute, guidance, and institutional practice.
Soon after OIRA was created, President Ronald Reagan issued an executive order that greatly
increased the office’s responsibilities by creating a process for OIRA review of most federal
regulations. Under that order, most federal agencies were required to submit their proposed and
final rules to OIRA for approval prior to publication. This represented a substantial increase in
OIRA’s responsibilities and in presidential control over the substance of federal agencies’ policysetting through rulemaking. OIRA review of regulations has occasionally been modified,
depending on the priorities of each presidential Administration, but its centralized review
functions have remained largely the same since President Reagan issued Executive Order 12291
in 1981.
R48546
May 27, 2025
Meghan M. Stuessy
Analyst in Government
Organization and
Management
Taylor N. Riccard
Analyst in Government
Organization and
Management
Maeve P. Carey
Specialist in Government
Organization and
Management
Taylor R. Knoedl
Analyst in American
National Government
Natalie R. Ortiz
Analyst in Government
Organization and
Management
Congress may consider whether OIRA’s current priorities, staffing levels, and organization align with congressional
expectations regarding its various functions.
Congressional Research Service
The Office of Information and Regulatory Affairs (OIRA)
Contents
Legislative History and Establishment in the Paperwork Reduction Act of 1980 .......................... 1
Overview of OIRA Administrator’s Statutory Responsibilities Under the PRA ............................. 3
Organizational Structure .................................................................................................................. 5
Administrator Appointment Structure ....................................................................................... 6
Appropriations and Staffing ...................................................................................................... 6
Description of OIRA’s Major Functions.......................................................................................... 7
Review of Regulations .............................................................................................................. 8
Regulatory Review: Background ........................................................................................ 8
Regulatory Review: Overview ............................................................................................ 8
OIRA’s Role in Implementing Regulatory Policy............................................................... 9
Review of Information Collections and Reducing Paperwork Burden ................................... 10
Reviewing and Approving Federal Collections of Information ........................................ 10
Other Responsibilities Related to Collections of Information ........................................... 11
Other Authorities Related to Federal Collections of Information ...................................... 11
Information Policy .................................................................................................................. 12
Public Access and Open Data ........................................................................................... 13
Federal Privacy Policy ...................................................................................................... 14
Statistical Policy ...................................................................................................................... 15
Chief Statistician ............................................................................................................... 16
Federal Committee on Statistical Methodology................................................................ 16
Interagency Council on Statistical Policy ......................................................................... 16
Statistical Policy Directives .............................................................................................. 17
“Trust Regulation” ............................................................................................................ 17
Issues for Congress ........................................................................................................................ 18
Figures
Figure 1. OIRA Obligations and Full-Time Equivalent Employees ................................................ 7
Tables
Table A-1. Nominations to the Position of OIRA Administrator................................................... 20
Table A-2. OIRA and OMB Staffing ............................................................................................. 20
Table A-3. OIRA and Total OMB Salaries and Expenses (S&E) Account Obligations ................ 22
Appendixes
Appendix. OIRA Nominations, Staffing, and Budget ................................................................... 20
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OIRA: Overview and Major Responsibilities
Contacts
Author Information........................................................................................................................ 23
Congressional Research Service
The Office of Information and Regulatory Affairs (OIRA)
T
he Office of Information and Regulatory Affairs (OIRA) is one of four statutory offices
within the Office of Management and Budget (OMB). OMB is a component of the
Executive Office of the President (EOP) that serves as a source of support to the
institutional presidency and is responsible for numerous statutory duties related to executive
branch agencies.1 OIRA was created by the Paperwork Reduction Act (PRA) of 1980 within
OMB.2 The PRA provided that the OIRA administrator would serve as the “principal advisor to
the [OMB] Director on Federal information policy.”3 Since 1986, the appointment of the OIRA
administrator has been subject to Senate confirmation.4
Specific areas of responsibility assigned to the OMB director under the PRA have been delegated
to OIRA, including information resources management, review and approval of federal
information collection and reduction of paperwork burden, agency dissemination of and public
access to information, statistical policy and coordination, records management, privacy, and the
acquisition and use of information technology (IT).5
In addition to the specific statutory responsibilities listed in the PRA, OIRA has substantial
responsibilities and influence over federal regulations under a centralized review process
established through executive order.
This report provides an overview of OIRA’s history, staffing levels, and budget levels over time.
It also briefly outlines the primary statutory responsibilities of OIRA’s administrator. This report
then discusses OIRA’s major functions in four main areas: (1) review of regulations, (2) review of
information collections, (3) information policy, and (4) statistical policy. Finally, the report
discusses potential issues related to the oversight of OIRA that may be of interest to Congress.
Legislative History and Establishment in the
Paperwork Reduction Act of 19806
The need for more thorough federal paperwork and records management policy emerged in the
late 19th and early 20th centuries as increasing public and agency demands for information
paralleled the growth of the federal government.7 Key legislative developments during this time
included the Federal Reports Act of 1942, enacted to coordinate federal reporting, eliminate
duplication, and reduce costs; and the Administrative Procedure Act of 1946, enacted to improve
the fairness of administrative procedure.8 In 1974, in response to concerns that reporting
requirements were placing “an unprecedented paperwork burden” upon members of the public,
1 See CRS Report RS21665, Office of Management and Budget (OMB): An Overview, coordinated by Taylor N.
Riccard.
2 P.L. 96-511; December 11, 1980 (94 Stat. 2812). The PRA, as amended, is codified at 44 U.S.C. Chapter 35.
3 44 U.S.C. §3504(a)(1). The PRA was reauthorized in 1986 (P.L. 99-500; 100 Stat. 1783-335) and 1995 (P.L. 104-13;
109 Stat. 163), and the list of OIRA’s duties changed somewhat. For example, the 1995 amendments increased the
specificity of the management-related provisions and changed information policy to information resources management
policy (44 U.S.C. §3503(b)).
4 P.L. 99-500; 100 Stat. 1783-336). See Wendy L. Gramm, “Regulatory Review Issues, October 1985-February 1988,”
Administrative Law Review, vol. 63 (2011), pp. 28-30.
5 44 U.S.C. §3504.
6 This section was written by Meghan M. Stuessy, Analyst in Government Organization and Management.
7 This section leverages previous research from former CRS staff Curtis W. Copeland. See also Curtis W. Copeland,
“The Role of the Office of Information and Regulatory Affairs in Federal Rulemaking,” Fordham Urban Law Journal,
vol. 33, no. 4 (2006).
8 P.L. 77-831, 56 Stat. 1078-1080, and P.L. 79-404, 60 Stat. 237-244.
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businesses, and state and local governments, Congress established a Commission on Federal
Paperwork to issue recommendations to improve government statutes and policies related to
information gathering, processing, dissemination, and management of information activities.9
Following up on the commission’s final report and recommendations, Congress enacted the PRA
of 1980, which required agencies to take certain “statutory steps needed to reduce and minimize
the burden Government paperwork imposes on the public” and centralized certain federal
information management responsibilities within the newly established OIRA within OMB.10 In
implementing the act, OMB moved staff from other divisions focused on regulatory policy, wage
and price stability, and statisticians into the new statutorily required office.11
The PRA of 1980 restructured federal responsibilities related to the coordination of federal
reporting to more broadly encompass the coordination of federal information policy overall,
reflecting an emerging understanding that information management terminology should be
“flexible enough to allow for future changes in technology and Government activities.”12 The
accompanying Senate committee report defined information management functions as including
general information policy, clearance and paperwork control, statistical activities, records
management, privacy, federal automatic data processing, and telecommunications related to the
collection of information. The committee also found that the “purpose of aggregating these
functions within the single office is to establish a government-wide policy framework” for
information management.13 The committee further noted that “improved management of
information resources is the means to achieve the basic mission of [OIRA]; to reduce and
minimize the public burden involved in providing information to the federal government.”14 The
PRA was subsequently reauthorized in 1995 and its scope extended to include federal contractors
and tribal governments, among others. The reauthorization also revised certain OIRA and OMB
authorities and functions related to information dissemination and agency oversight
responsibilities.15
Shortly after OIRA’s establishment, President Reagan issued Executive Order (E.O.) 12291 on
“Federal Regulation,” which added review of most federal regulations to the scope of OIRA’s
responsibilities.16 Although the original function of OIRA, as established in the PRA, was to
9 P.L. 93-556, 88 Stat. 1789. See also U.S. Government Accountability Office (GAO), Program to Follow Up Federal
Paperwork Commission Recommendations Is in Trouble, GGD-80-36, March 14, 1980, https://www.gao.gov/assets/
ggd-80-36.pdf. The commission’s recommendations may be requested through GAO, Work of the Commission on
Federal Paperwork and the General Accounting Office’s Role in Reducing Paperwork Burdens, June 28, 1978,
https://www.gao.gov/products/095407.
10 U.S. Congress, Senate Homeland Security and Governmental Affairs Committee, Paperwork Reduction Act of 1980,
To accompany S. 1411, 96th Cong., 2nd sess., September 8, 1980, S.Rept. 96-930 (GPO, 1980), pp. 2, 7-8.
11 Andrew Rudalevige, “Beyond Structure and Process: The Early Institutionalization of Regulatory Review,” Journal
of Policy History, vol. 30, no. 4 (2018), p. 590.
12 Senate Homeland Security and Governmental Affairs Committee, Paperwork Reduction Act of 1980, S.Rept. 96-930,
p. 8. See also the Office of Legal Council’s editorial note concerning codification of Chapter 35, Title 44 of the U.S.
Code: “This chapter was originally added by Pub. L. 90-620, October 22, 1968, 82 Stat. 1302, which act enacted this
title, and was based on act December 24, 1942, ch. 811, 56 Stat. 1078, known as the Federal Reports Act of 1942.”
13 Senate Homeland Security and Governmental Affairs Committee, Paperwork Reduction Act of 1980, S.Rept. 96-930,
p. 7.
14 Senate Homeland Security and Governmental Affairs Committee, Paperwork Reduction Act of 1980, S.Rept. 96-930,
p. 8.
15 P.L. 104-13; see CRS bill summary of S. 244.
16 Executive Order (E.O.) 12291, “Federal Regulation,” 46 Federal Register 13193, February 19, 1981. See also
Shelley Lynne Tomkin, Inside OMB: Politics and Process in the President’s Budget Office (M. E. Sharpe, 1998), p.
206; and Susan E. Dudley, “The Office of Information and Regulatory Affairs and the Durability of Regulatory
Oversight in the United States,” Regulation and Governance, vol. 16, no. 1 (January 2022), p. 243.
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OIRA: Overview and Major Responsibilities
oversee and enforce government-wide efforts to reduce the paperwork burden on the American
public, today OIRA may be best known for its review of federal regulations.17
Overview of OIRA Administrator’s Statutory
Responsibilities Under the PRA18
This section identifies the primary statutory responsibilities of the OIRA administrator, all of
which relate to federal information policy. As has been noted and will be discussed further below,
the OIRA administrator also plays a significant role in regulatory policy. That role has largely
been created through a series of executive orders and other executive actions, such as OMB
guidance, not through statute.
The PRA required the OMB director to delegate responsibilities for the coordination of federal
information policy to the OIRA administrator and empowers the administrator to promulgate
rules and regulations to effect such coordination.19 The administrator is to oversee the use of
information resources “to improve the efficiency and effectiveness of governmental operations to
serve agency missions, including burden reduction and service delivery to the public.”20
Information resources is defined as “information and related resources, such as personnel,
equipment, funds, and IT.”21
Overall, the administrator is directed to develop, coordinate, and oversee federal information
resources management policies, principles, standards, and guidelines. In addition, the
administrator—in consultation with the Administrator of General Services, Archivist of the
United States, director of the National Institute of Standards and Technology (NIST), and director
of the Office of Personnel Management—is to periodically review agency information resources
management activities.22 Information resources management (IRM) is defined as “the process of
managing information resources to accomplish agency missions and to improve agency
performance, including through the reduction of information collection burdens on the public.”23
The PRA of 1995 established seven categories of responsibilities with respect to information
management24:
1. IRM. The administrator shall develop and oversee the implementation of
uniform IRM policies; foster greater sharing, dissemination, and access to public
information; initiate and review proposals for legislation, regulations, and agency
procedures with respect to IRM; oversee agency integration of program and
management functions with IRM, and issue IRM guidance for agencies.25
17 For more information, see CRS Report RL32397, Federal Rulemaking: The Role of the Office of Information and
Regulatory Affairs, coordinated by Maeve P. Carey.
18 This section was written by Meghan M. Stuessy, Analyst in Government Organization and Management, except
where noted.
19 44 U.S.C. §3503(b) and §3516.
20 44 U.S.C. §3504(a)(1).
21 44 U.S.C. §3502(6).
22 44 U.S.C. §3513.
23 44 U.S.C. §3502(7).
24 P.L. 104-13, 109 Stat. 171-176. Agency responsibilities for these seven areas are generally managed by the agency
chief information officer. For more information, see CRS Report R48147, Chief Information Officers (CIOs): Agency
Roles and Responsibilities, by Meghan M. Stuessy and Dominick A. Fiorentino.
25 44 U.S.C. §3504(b).
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2. Information collection and control of paperwork. The administrator shall
review and approve proposed agency information collections, minimize the
information collection burden and maximize the practical utility of information
collected, and coordinate the review of information collections associated with
federal procurement and acquisition with the Office of Federal Procurement
Policy (OFPP), among other responsibilities.26
3. Information dissemination. The administrator shall develop and oversee
policies that apply to federal agency dissemination of public information and
promote public access to such information.27
4. Statistical policy and coordination. The administrator shall coordinate the
activities of the federal statistical system; develop and oversee policies related to
statistical collection procedures, data classification, and information presentation;
and promote the sharing of statistical information with privacy rights and
confidentiality pledges, among other responsibilities.28
5. Records management. The administrator shall provide advice and assistance to
the Archivist of the United States and the Administrator of General Services with
respect to implementation and compliance with the Federal Records Act,29
including records management practices for electronic information.30
6. Privacy and security. The administrator shall develop and oversee policies
related to privacy, confidentiality, security, disclosure, and sharing of information
and oversee compliance with the Freedom of Information Act (FOIA)31; the
Privacy Act of 197432; and information security, information systems, and
computer standards.33
7. Federal IT. In consultation with the director of NIST and the Administrator of
General Services, the administrator shall develop and oversee policies related to
the IT functions and periodically evaluate major information systems. In
addition, the administrator is to coordinate the development and review of federal
procurement and acquisition of IT with OMB’s OFPP.34
These responsibilities mirror the federal information policy responsibilities of agency chief
information officers.35 Although OIRA is also known for its role in the regulatory review process,
these regulatory functions are derived from executive orders rather than from statutory text such
26 44 U.S.C. §3504(c).
27 44 U.S.C. §3504(d).
28 44 U.S.C. §3504(e).
29 44 U.S.C. Chapters 21, 29, 31, and 33.
30 44 U.S.C. §3504(f).
31 5 U.S.C. §552. See also CRS Report R46238, The Freedom of Information Act (FOIA): A Legal Overview, by
Benjamin M. Barczewski.
32 5 U.S.C. §552a. See also CRS Report R47863, The Privacy Act of 1974: Overview and Issues for Congress, by
Meghan M. Stuessy.
33 44 U.S.C. §3504(g).
34 44 U.S.C. §3504(h).
35 44 U.S.C. §3506(a)(2). Chief information officers (CIOs) are also required to fulfill additional statutory obligations
for IT management in Title 40 of the U.S. Code. For more information about CIOs, see CRS Report R48147, Chief
Information Officers (CIOs): Agency Roles and Responsibilities, by Meghan M. Stuessy and Dominick A. Fiorentino.
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as in the PRA.36 For more information on this regulatory aspect of OIRA, see “Review of
Regulations” below.
The PRA additionally requires the administrator to “keep the Congress and congressional
committees fully and currently informed” with respect to information policy coordination
activities and submit, at least annually, a report on such activities to the President of the Senate
and the Speaker of the House of Representatives. The report is to include information on the
extent of agency efforts to reduce information collection burdens, improve the quality and utility
of statistical information, improve public access to government information, and improve
program performance and the accomplishment of agency missions through IRM.37 Relatedly,
statute further requires that OIRA furnish information to the Comptroller General of the United
States as necessary for the discharge of his or her responsibilities concerning audit, evaluation,
and investigative duties.38
Organizational Structure39
OIRA’s internal organization has fluctuated over time, indicating changes in emphasis in terms of
OIRA’s role in coordinating different types of federal information. According to an OMB
organization chart from the 1996 U.S. Government Manual, the first year for which an
organization chart was included, OIRA was composed of five branches, which included (1)
information policy and technology, (2) statistical policy, (3) human resources and housing, (4)
natural resources, and (5) commerce and lands.40 From 2005 reporting through at least 2014,
OIRA was composed of four renamed branches: (1) information policy and technology; (2)
statistical and science policy; (3) natural resources, energy, and agriculture; and (4) health,
transportation, and general government.41 An additional branch covering privacy policy was
established in 2016.42 In 2023, OIRA appeared to be organized into six branches: (1) information
policy; (2) statistical and science policy; (3) natural resources and environment; (4) food, health,
and labor; (5) transportation and security; and (6) privacy.43 These shifts and name changes may
reflect an evolving understanding or prioritization of OIRA’s responsibilities. For example, the
creation of new branches could indicate that OIRA viewed them as distinct policy areas from
existing branches, that certain areas were being deprioritized compared with the previous branch
organization, or that the accountability structures or expertise for these areas were sufficiently
different from other areas.
Although OIRA appears to be organized into the thematic branches, a closer examination of
staffing within these branches may further indicate how OIRA is leveraging its current resources
36 E.O. 12291, “Federal Regulation,” 46 Federal Register 13193, February 19, 1981.
37 44 U.S.C. §3514.
38 44 U.S.C. §3519 and 31 U.S.C. §716(a)(1).
39 This section was written by Meghan M. Stuessy, Analyst in Government Organization and Management.
40 Office of the Federal Register, National Archives and Records Administration (NARA), The United States
Government Manual: 1996/1997, May 31, 1996, p. 101. Organizational charts for OMB are available through the
United States Government Manual from 1996 to 2014.
41 NARA, The United States Government Manual: 2005/2006, June 1, 2005, p. 93.
42 Shaun Donovan, “Announcing a New Privacy Office within OIRA,” The White House, October 19, 2016,
https://obamawhitehouse.archives.gov/blog/2016/10/19/announcing-new-privacy-office-within-oira.
43 GovernmentAttic.org, Office of Management and Budget (OMB) Office of Information and Regulatory Affairs
(OIRA) Organization Chart 2023, Response to FOIA Request, 2023-006, December 12, 2023,
https://www.governmentattic.org/52docs/OMBoiraOrgChart2023.pdf.
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against competing executive order and statutory obligations. According to one third-party source,
as of January 2025, the percentage of total OIRA staff appeared to be allocated as follows:
•
•
•
•
•
•
Information policy (12.9%)
Statistical and science policy (17.7%)
Natural resources and environment (12.9%)
Food, health, and labor (14.5%)
Transportation and security (6.5%)
Privacy (1.6%)
The remaining 33.9% of staff were not listed as being associated with a particular branch or were
housed within the office of the OIRA administrator.44 Although two of OIRA’s seven statutory
responsibilities appear to have discrete branches (statistical policy and coordination, and privacy
and security), it is unclear how the remaining five statutory responsibilities and the administrative
rulemaking responsibility are divided among the branches.
Administrator Appointment Structure45
In the PRA as originally enacted, the OIRA administrator position was to be filled through
appointment by the OMB director. In 1986, however, following some disagreements over
regulatory policy between the Reagan Administration and some Members of Congress, Congress
made the position subject to Senate advice and consent.46 A Senate-confirmed appointee filled the
position for the first time in 1988.47 A full list of Senate-confirmed and recess-appointed OIRA
administrators is located in the Appendix.
Appropriations and Staffing48
OIRA’s budget and staffing levels have fluctuated over time (see Figure 1). In recent years,
Congress has provided funds to OMB through annual appropriations in Title II of the Financial
Services and General Government appropriations bill. These funds are included in the OMB
budget’s “Salaries and Expenses” (S&E) account. The S&E account funds the core operations of
OMB, including the operations of OIRA.49 For more information on OMB’s S&E account, EOP
congressional budget justifications (CBJs) discuss changes to OMB’s staffing and workload at a
44 CRS search of Leadership Connect database on January 13, 2025. The number of staff listed was 62 at the time of the
search, with 10 position vacancies. This number does not necessarily reconcile with the estimated number of 58 staff
for FY2025.
45 This section was written by Maeve P. Carey, Specialist in Government Organization and Management.
46 Congress made this change in a PRA reauthorization that was included in an appropriations measure for FY1987
(P.L. 99-500; 11 Stat. 1783-336). For a description of some of the events leading to this change, see Gramm,
“Regulatory Review Issues,” pp. 27-36.
47 The first confirmed OIRA administrator was S. Jay Plager. See also CRS Insight IN12020, President Biden
Nominates OIRA Administrator, by Maeve P. Carey and Kathleen E. Marchsteiner, for additional discussion about the
OIRA administrator.
48 This section was written by Taylor N. Riccard, Analyst in Government Organization and Management.
49 OMB, Budget of the U.S. Government, FY2025, Appendix, p. 1049, https://www.govinfo.gov/content/pkg/BUDGET2025-APP/pdf/BUDGET-2025-APP.pdf. See also U.S. Executive Office of the President (EOP), Fiscal Year 2025
Congressional Budget Submission, p. 85, https://www.whitehouse.gov/wp-content/uploads/2024/03/FY-2025Executive-Office-of-the-President-Congressional-Budget-Submission.pdf. These numbers have not been adjusted for
inflation.
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high level.50 In some cases, the CBJs offer more specific commentary on changes to OIRA’s
staffing or workload.51
Figure 1. OIRA Obligations and Full-Time Equivalent Employees
FY1981-FY2025
Sources: EOP, congressional budget justifications, FY1982-FY2025, March 1981 through February 2025; OMB,
Budget of the U.S. Government, Appendix, FY1995-FY2025 and FY1981-FY1990; Budget of the U.S. Government,
Budget Volume, FY1991-FY1994. See Appendix for more information.
Notes: Obligations are rounded to the nearest million. CRS was unable to locate the relevant obligation
information for FY2001. Full-time equivalent positions (FTEs) calculate employee work years. One full-time
employee working 40 hours per week for 52 weeks would constitute one FTE; two part-time employees each
working 20 hours per week for 52 weeks would also constitute one FTE. The FTE totals correspond to direct
FTEs and not reimbursable FTEs.
Overall, the funds in OMB’s S&E account are dedicated mainly to personnel costs. In FY2023,
OMB’s S&E account obligations were $132 million in total. OIRA’s FY2023 obligations were
$15 million, which is approximately 11.4% of OMB’s S&E account total obligations. OIRA’s
obligations are estimated to be $16 million in FY2025. For detailed information on OIRA’s
budget from FY1981 to FY2025, see the Appendix.
In FY2023, OIRA had an actual FTE count of 55 out of OMB’s total 472 FTEs (approximately
11.7%). It is estimated that OIRA will have 58 FTEs in FY2024 and FY2025 out of an estimated
OMB total of 510 FTEs (approximately 11.4%). OIRA had its highest staffing level in FY1981
(90 FTEs) and its lowest in FY2015 (43 FTEs). For detailed information on OIRA’s staffing from
FY1981 to FY2025, see the Appendix.
Description of OIRA’s Major Functions
As discussed, OIRA’s authorities derive from both statute and executive orders, and its internal
organization has evolved over time. Because of this complexity, understanding OIRA’s operations
may be best accomplished by organizing them into groups of major functions. For purposes of
50 For example, see EOP, Fiscal Year 2025 Congressional Budget Submission, https://www.whitehouse.gov/wp-
content/uploads/2024/03/FY-2025-Executive-Office-of-the-President-Congressional-Budget-Submission.pdf.
51 For example, see EOP, Congressional Budget Submission Fiscal Year 2021, p. OMB-4,
https://trumpwhitehouse.archives.gov/wp-content/uploads/2020/02/FY21-Budget.pdf.
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this report, OIRA’s major functions may be organized into four groups: (1) review of regulations,
(2) review of information collections, (3) information policy, and (4) statistical policy.
Review of Regulations52
OIRA plays a significant role in the centralized review of federal regulations, as established by
executive order shortly after OIRA’s creation under the PRA of 1980. Through this centralized
regulatory review, OIRA has the potential to exert influence over federal regulations by ensuring
that most federal agencies’ actions are consistent with the President’s policy preferences.
Regulatory Review: Background
In February 1981, President Ronald Reagan issued E.O. 12291, which greatly increased the scope
and significance of OIRA’s responsibilities to include reviewing regulations.53 The order required
covered agencies to send draft proposed and final rules to OMB before publication, and it
required covered agencies to prepare and submit to OMB a regulatory impact analysis (RIA) for
each “major” rule, which was defined in the order to include rules expected to have an annual
effect on the economy of at least $100 million.54 The order did not specifically mention OIRA,
but the Reagan Administration decided to integrate the regulatory review responsibilities with the
responsibilities that had been given to OMB under the PRA and delegated to OIRA.
In September 1993, President Bill Clinton issued E.O. 12866 on “Regulatory Planning and
Review,” which revoked and replaced E.O. 12291.55 Although different from its predecessor in
some respects, E.O. 12866 continued the general framework of requiring centralized review of
most proposed and final rules through OIRA and RIA for rules expected to have large economic
effects. In 2025, President Trump amended E.O. 12866 to also require that “independent
regulatory agencies” submit their rules to OIRA for review, a policy choice that had been
contemplated by earlier Presidents but never executed.56
Regulatory Review: Overview
E.O. 12866 requires agencies to submit their “significant” proposed and final rules to OIRA, and
OIRA’s approval is generally required before the agency may proceed. Significant rules are those
defined in E.O. 12866 as those that may
52 This section was written by Maeve P. Carey, Specialist in Government Organization and Management.
53 E.O. 12291, “Federal Regulation,” 46 Federal Register 13193, February 19, 1981.
54 Neither E.O. 12291 nor E.O. 12866 extended the requirements for OMB review of regulations and cost-benefit
analysis to the independent regulatory agencies, which are listed in the PRA at Title 44, Section 3502(5), of the U.S.
Code. These agencies were excluded from OIRA review out of respect for the independence of those agencies, which
were established by Congress to be more insulated from presidential control. See Testimony of Sally Katzen, U.S.
Congress, House Committee on the Judiciary, Subcommittee on Courts, Commercial and Administrative Law, Cost
Justifying Regulations: Protecting Jobs and the Economy by Presidential and Judicial Review of Costs and Benefits,
112th Cong., 1st sess., May 4, 2011, p. 8, http://judiciary.house.gov/hearings/pdf/Katzen05042011.pdf. For more
information, see CRS Report R42821, Independent Regulatory Agencies, Cost-Benefit Analysis, and Presidential
Review of Regulations, by Maeve P. Carey and Michelle D. Christensen.
55 E.O. 12866, “Regulatory Planning and Review,” 58 Federal Register 51735, October 4, 1993.
56 E.O. 14215, “Ensuring Accountability for All Agencies,” 90 Federal Register 10447, February 24, 2025. The
independent regulatory agencies are identified in statute at Title 44, Section 3502(5), of the U.S. Code. This amendment
was made amid several contemporaneous changes to the regulatory process including establishing a “one in, 10 out”
requirement for regulations. E.O. 14192, “Unleashing Prosperity Through Deregulation,” 90 Federal Register 9065,
January 31, 2025.
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(1) have an annual effect on the economy of $200 million or more (adjusted every 3 years
by the Administrator of OIRA for changes in gross domestic product); or adversely affect
in a material way the economy, a sector of the economy, productivity, competition, jobs,
the environment, public health or safety, or State, local, territorial, or tribal governments
or communities; (2) create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency; (3) materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or the rights and obligations of recipients
thereof; or (4) raise novel legal or policy issues arising out of legal mandates, the
President’s priorities, or the principles set forth in this Executive order.57
E.O. 12866 gives OIRA up to 90 days to conduct its review of each rule.58 OIRA review can be
thought of as having three main elements. First, it ensures that federal agencies’ rules are
consistent with the policy preferences of the current Administration. In this way, OIRA review
provides a mechanism for presidential control over agencies.59
Second, for rules that trigger the requirement for an RIA, OIRA evaluates the RIA alongside the
rule. E.O. 12866 requires agencies to conduct an RIA for rules falling into category (1) of the
definition of significant—primarily, rules that may have an annual effect on the economy of at
least $100 million. These rules are referred to as “economically significant” rules. OMB Circular
A-4 instructs agencies on how to conduct an RIA to comply with this requirement of the E.O.60
Third, OIRA coordinates an interagency review process. This review may involve sending a rule
to other parts of OMB or other entities in the EOP. OIRA may also send a rule to other agencies
and departments that may have an interest or shared jurisdiction over the policy area.61
OIRA’s Role in Implementing Regulatory Policy
In addition to reviewing individual regulations, OIRA is also responsible for implementing the
regulatory policy goals of the current Administration. For example, OIRA has taken a number of
actions to implement various aspects of the President Trump’s regulatory policy, including issuing
guidance on the Trump Administration’s “one in, 10 out” regulatory program and initial guidance
for the independent regulatory agencies that are newly subject to OIRA review.62
57 E.O. 12866.
58 The order contains two ways in which this 90-day review period may be extended: upon the written approval of the
OMB director or at the request of the agency head.
59 For a discussion of OIRA review as a means of presidential control, see, for example, Ashraf Ahmed et al., “The
Making of Presidential Administration,” Harvard Law Review, vol. 137, no. 8 (June 2024), pp. 2131-2221.
60 OMB, “Regulatory Analysis,” Circular A-4, September 17, 2003, https://trumpwhitehouse.archives.gov/sites/
whitehouse.gov/files/omb/circulars/A4/a-4.pdf. Circular A-4 was originally issued in 2003. It was updated for the first
time by the Biden Administration in November 2023. In 2025, the Trump Administration revoked the 2023 update and
reinstated the 2003 version. See OMB, “Recission and Reinstatement of Circular A-4,” M-25-15, February 12, 2025,
https://www.whitehouse.gov/wp-content/uploads/2025/03/M-25-15-Recission-and-Reinstatement-of-Circular-A-4.pdf.
61 For more information on this interagency review process, and on OIRA review in general, see Cass R. Sunstein,
“The Office of Information and Regulatory Affairs: Myths and Realities,” Harvard Law Review, vol. 126, no. 7 (May
2013), pp. 1838-1878.
62 OMB, “Guidance Implementing Section 3 of Executive Order 14192, Titled ‘Unleashing Prosperity Through
Deregulation,’” M-25-20, March 26, 2025, https://www.whitehouse.gov/wp-content/uploads/2025/02/M-25-20Guidance-Implementing-Section-3-of-Executive-Order-14192-Titled-Unleashing-Prosperity-ThroughDeregulation.pdf; OMB, “Interim Guidance Implementing Section 3 of Executive Order 14215, Titled ‘Ensuring
Accountability for All Agencies,’” M-25-24, April 17, 2025, https://www.whitehouse.gov/wp-content/uploads/2025/
02/M-25-24-Interim-Guidance-Implementing-Section-3-of-Executive-Order-14215-Titled-Ensuring-Accountabilityfor-All-Agencies.pdf.
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Review of Information Collections and Reducing Paperwork
Burden63
OIRA plays a central role in a long-standing desire within Congress to reduce the burden that the
federal government’s information needs impose on the public. While the information that
agencies seek from the public may be useful and necessary for their proper performance,
providing it imposes on the public a burden that is measured in terms of time, effort, and financial
resources.64 The PRA assigned OIRA the responsibility of minimizing the burden associated with
federal collections of information.65 Information collections include but are not limited to forms,
applications, questionnaires, and surveys as well as recordkeeping and reporting requirements—
including disclosures to the public or to third parties—that are called for in statute and in
agencies’ regulations. While these collections are often referred to as being a kind of paperwork,
information collection burdens may also accrue from oral communications and from automated,
electronic, mechanical, or other technological collection methods that agencies may employ.66
OIRA has defined what is and is not information for the purposes of information collections
under the PRA.67
Reviewing and Approving Federal Collections of Information68
The PRA tasked OIRA with several responsibilities related to the federal collection of
information. Perhaps chief among these responsibilities is reviewing and approving agencies’
information collections.69 In practice, this is sometimes referred to as the clearance process. OIRA
must review and approve, or clear, all types of information collections conducted by an agency,
whether mandatory, voluntary, or required to obtain or retain a federal benefit. The PRA’s
requirements for OIRA to review and approve collections of information apply to nearly all
executive branch agencies.70 This includes information collections that are called for in rules.71At
63 This section was written by Natalie R. Ortiz, Analyst in Government Organization and Management.
64 Burden means the “time, effort, or financial resources expended by persons to generate, maintain, or provide
information to or for a Federal agency, including the resources expended for (A) reviewing instructions; (B) acquiring,
installing, and utilizing technology and systems; (C) adjusting the existing ways to comply with any previously
applicable instructions and requirements; (D) searching data sources; (E) completing and reviewing the collection of
information; and (F) transmitting, or otherwise disclosing the information” (44 U.S.C. §3502(2)).
65 Collection of information means “(A) the obtaining, causing to be obtained, soliciting, or requiring the disclosure to
third parties or the public, of facts or opinions by or for an agency, regardless of form or format, calling for either (i)
answers to identical questions posed to, or identical reporting or recordkeeping requirements imposed on, ten or more
persons, other than agencies, instrumentalities, or employees of the United States; or (ii) answers to questions posed to
agencies, instrumentalities, or employees of the United States which are to be used for general statistical purposes” (44
U.S.C. §3502(3)). It does not include the types of information collections described in Title 44, Section 3518(c)(1), of
the U.S. Code.
66 5 C.F.R. §1320.3(c).
67 5 C.F.R. §1320.3(h).
68 For additional information on this topic, see CRS In Focus IF11837, The Paperwork Reduction Act and Federal
Collections of Information: A Brief Overview, by Maeve P. Carey and Natalie R. Ortiz.
69 44 U.S.C. §3504(c)(1).
70 Agency is defined for the PRA’s purposes at Title 44, Section 3502(1), of the U.S. Code. The definition excludes (1)
GAO; (2) the Federal Election Commission; (3) the government of the District of Columbia and the governments of
U.S. territories and possessions; and (4) government-owned contractor-operated facilities, including national defense
laboratories.
71 44 U.S.C. §3507(d). OIRA has clearance procedures for information collections contained within proposed rules (5
C.F.R. §1320.11) and for those contained in final rules that are currently in effect (5 C.F.R. §1320.12).
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a given time, OIRA can have more than 1,000 information collections in review by its desk
officers.72
OIRA considers a number of factors when deciding whether to approve an information collection.
By statute, it must determine whether the information has practical utility and is necessary for the
proper performance of the agency’s functions.73 While OIRA can disapprove a proposed
information collection or require an agency to make substantive or material changes to the
collection, it approves a vast majority of agencies’ requests.74 Over 10,000 information
collections requests can have OIRA’s approval at a given time.75
Other Responsibilities Related to Collections of Information
In addition to reviewing and approving information collections, OIRA has other responsibilities
that are related to federal information collection.76 These other responsibilities include (1)
developing and overseeing how agencies estimate the burden of federal information collections,77
(2) maximizing the practical utility and public benefit of information collected by or for a federal
agency, (3) coordinating information collections related to federal procurement and acquisition
with OFPP,78 and (4) publicizing resources for small businesses on complying with agencies’
information collection requirements.79
In addition, OIRA is to report to Congress on an annual basis on agencies’ efforts to reduce
information collection burdens on the public.80 OIRA has usually accomplished this by issuing an
“information collection budget.”81
Other Authorities Related to Federal Collections of Information
The PRA gives OIRA certain authorities related to information collections. For example, OIRA
can delegate its authority to approve an agency’s information collections to a senior official
within that agency if certain conditions exist.82 For example, OIRA has delegated its review and
72 OIRA provides information on its review of agencies’ information collections at reginfo.gov.
73 44 U.S.C. §3508. Practical utility is “the ability of an agency to use information, particularly the capability to
process such information in a timely and useful fashion” (44 U.S.C. §3502(11)).
74 When OIRA disapproves or requires changes to an information collection, OIRA is to make such actions and their
explanations publicly available (44 U.S.C. §3507(e)).
75 OIRA provides certain government-wide totals for information collections on reginfo.gov.
76 44 U.S.C. §3504(c).
77 For more information on how burden is estimated, see CRS In Focus IF12673, Burden and the Paperwork Reduction
Act: An Overview, by Natalie R. Ortiz
78 Federal forms that have been approved by OIRA for government-wide use in the procurement and acquisition
process are referenced throughout the Federal Acquisition Regulation (48 C.F.R. §53).
79 The requirements relating to small businesses were created by the Small Business Paperwork Relief Act (P.L. 107198).
80 44 U.S.C. §3514(2)(A).
81 The “Information Collection Budget of the United States Government” is available at
https://www.bidenwhitehouse.gov/omb/information-regulatory-affairs/reports/#ICB.
82 44 U.S.C. §3507(i). OIRA must find that the senior official is sufficiently independent of program responsibility to
fairly evaluate whether information collections should be approved and has the resources necessary to carry out this
delegation of authority. “Senior official” in this context is someone identified by the head of an agency according to
Title 44, Section 3506(a). The term senior official in Section 3506(a) was replaced by Chief Information Officer in
Section 5125 of P.L. 104-106 (110 Stat. 684).
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approval authority to the Board of Governors of the Federal Reserve System and to the managing
director of the Federal Communications Commission.83
OIRA is also permitted to direct an agency to make information collected available to another
agency when it is not inconsistent with applicable law.84 How often this occurs, however, is
unclear. Additionally, OIRA may designate a central collection agency to obtain information for
two or more agencies if the information needed by the agencies would be adequately served by a
single collection agency and that such sharing of data between the particular agencies is not
inconsistent with applicable law.85
For example, the Census Bureau sought OIRA’s approval for a multiagency attempt at using a
nationally representative survey to track public opinion on a variety of topics that are of interest
to numerous federal agencies, including the Departments of Defense, Transportation, Labor, and
Agriculture, among others.86 Similarly, the Commodity Futures Trading Commission (CFTC) said
that it would ask OIRA to designate certain agencies that regulate banking as the central
collection agencies for implied information collections contained within a certain CFTC rule.87
The CFTC said that other federal banking agencies, such as the Board of Governors of the
Federal Reserve System and the Federal Deposit Insurance Corporation, had sought OIRA’s
approval of information collections that imposed the same substantive requirements on certain
regulated entities, possibly creating duplicative information collections and additional burden on
respondents.88
Information Policy89
OIRA has issued guidance that leverages its statutory authorities to provide direction and
oversight of the federal government’s information policy activities, including records
management, information dissemination, and privacy and security. OMB’s Circular A-130,
concerning the management of information as a strategic resource, requires agencies to monitor
and manage their information for privacy, confidentiality, and security risks but also to increase
83 This delegation of authority can be found at Title 5, Section 1320.16(d), of the Code of Federal Regulations. Statute
requires that delegation occur by rule using the notice and comment provisions of Chapter 5, Title 5, of the U.S. Code
(44 U.S.C. §3507(i)(1)). Additional details on these delegations can be found in Appendix A to Section 1320, Title 5,
of the Code of Federal Regulations.
84 44 U.S.C. §3510(b).
85 44 U.S.C. §3509.
86 Census Bureau, “Agency Information Collection Activities; Submission to the Office of Management and Budget
(OMB) for Review and Approval; Comment Request; Ask U.S. Panel,” March 1, 2022, 87 Federal Register 11408,
https://www.govinfo.gov/content/pkg/FR-2022-03-01/pdf/2022-04222.pdf. OIRA approved this information collection
(see https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202202-0607-008). For more information on this
project, see Census Bureau, “Ask U.S. Panel Pilot,” revised February 7, 2023, https://www.census.gov/programssurveys/askuspanel.html.
87 Commodity Futures Trading Commission (CFTC), “Prohibitions and Restrictions on Proprietary Trading and Certain
Interests in, and Relationships with, Hedge Funds and Private Equity Funds,” January 31, 2014, 79 Federal Register
6064, https://www.govinfo.gov/content/pkg/FR-2014-01-31/pdf/2013-31476.pdf#page=239.
88 The CFTC said that it did not propose or finalize an information collection for its rule because the Board of
Governors of the Federal Reserve System had indicated in a separate but related proposed rulemaking that it would
obtain an OMB control number for an information collection that would account for the burden associated with the
information that would be required by it, certain other agencies, and the CFTC, assuming similarities (see Office of the
Comptroller of the Currency, Board of Governors of the Federal Reserve System, Federal Deposit Insurance
Corporation, and Securities and Exchange Commission, “Prohibitions and Restrictions on Proprietary Trading and
Certain Interests in, and Relationships with, Hedge Funds and Private Equity Funds,” November 7, 2011, 76 Federal
Register 68936, https://www.govinfo.gov/content/pkg/FR-2011-11-07/pdf/2011-27184.pdf#page=91).
89 This section was written by Meghan M. Stuessy, Analyst in Government Organization and Management.
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interoperability, openness, and transparency throughout the information’s life cycle. The circular
defines information life cycle as the stages of creation or collection, processing, dissemination,
use, storage, and disposition to include destruction and deletion of the information.90 In addition,
OMB Circular A-108, concerning federal agency responsibilities under the Privacy Act of 1974,
specifically requires agencies to coordinate and consult with OIRA on implementation.91
Public Access and Open Data
In certain ways, the information life cycle concept informs policies surrounding public access to
information and providing it in open formats. Because the concept describes the ways in which
information develops and transforms over time, the life cycle stage in which the requested
information currently resides impacts whether and in what format the requested information may
be provided. For example, records management policies originally conceived as applying to paper
materials have now evolved to include digital information, and such policies include additional
metadata and software requirements where paper materials had no need for those requirements.
Resultingly, expectations for agencies to provide additional usable metadata or information
compatible with different software may have changed or expanded. These format implications
can have different impacts for agency use, sharing, and storage of the information.92 Building on
these authorities, in 2013, President Barack Obama issued E.O. 13642, which required OMB to
create an Open Data Policy to advance the management of government information as an asset.93
Following the executive order, OMB issued Memorandum M-13-13 to encourage agencies to
manage datasets contained in information systems in a way that improves the discoverability and
usability of those datasets while weighing the value of openness against the cost of making those
data public. Specifically, M-13-13 tasked the administrator of OIRA, the administrator of OMB’s
Office of E-Government, and the U.S. Chief Technology Officer (the head of the Office of
Science and Technology Policy, or OSTP) to work to improve the interoperability and openness
of government information.94 As part of this effort, OMB and OSTP created “Project Open
Data”—a repository of tools, best practices, and schema to help agencies comply with M-13-13—
90 OMB, Managing Information as a Strategic Resource, Circular A-130, July 2016, p. 29,
https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/circulars/A130/a130revised.pdf.
91 OMB, Federal Agency Responsibilities for Review, Reporting, and Publication Under the Privacy Act, Circular A108, December 2016, p. 2, https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/circulars/A108/
omb_circular_a-108.pdf.
92 36 C.F.R. §1236. See also NARA, “Metadata Requirements for Permanent Electronic Records,” October 1, 2024,
https://www.archives.gov/records-mgmt/policy/metadata-compiled.
93 E.O. 13642, “Making Open and Machine Readable the New Default for Government Information,” 78 Federal
Register 28111, May 9, 2013. The executive order prescribes that the Open Data Policy be consistent with OMB
Memorandum M-10-06 (Open Government Directive), OMB and NARA Memorandum M-12-18 (Managing
Government Records Directive), the Office of Science and Technology Policy Memorandum of February 22, 2013
(Increasing Access to the Results of Federally Funded Scientific Research), and the CIO’s strategy titled “Digital
Government: Building a 21st Century Platform to Better Serve the American People.”
94 OMB, “Open Data Policy—Managing Information as an Asset,” M-13-13, May 9, 2013, p. 6,
https://obamawhitehouse.archives.gov/sites/default/files/omb/memoranda/2013/m-13-13.pdf. OMB has in recent years
referred to the Office of E-Government administrator as the “Federal CIO.” See, for example, The White House, Office
of the Press Secretary, “Presidential Memorandum—Building a 21st Century Digital Government,” press release, May
23, 2012, https://obamawhitehouse.archives.gov/the-press-office/2012/05/23/presidential-memorandum-building-21stcentury-digital-government; and The White House, “Office of the Federal Chief Information Officer,” retrieved July 5,
2024, https://www.whitehouse.gov/omb/management/ofcio/.
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and the 2019 “Federal Data Strategy,” which provides agencies with specific required practices to
leverage the value of federal data.95
Portions of these administrative directives were subsequently enacted into law in 2019 in the
Open, Public, Electronic, and Necessary Government Data Act,96 which requires, in part, that
each agency make its data open by default—that is, publicly disclose data assets if they would
otherwise be made available under FOIA—and ensure that such public data assets are released in
machine-readable formats.97 Under the act, OMB, via OIRA, is required to issue guidance on how
to make data open and available and how agencies are to construct their data inventories.98 In
January 2025, OMB issued Memorandum M-25-05 containing this guidance, which also
rescinded and replaced Memorandum M-13-13.99
Federal Privacy Policy
Since the enactment of the Privacy Act of 1974—which governs federal agencies’ access, use,
and disclosure of information concerning individuals—policymakers have grappled with how to
preserve individual privacy while also leveraging computerized information.100 This information
concerning individuals is sometimes referred to as personally identifiable information. Under the
E-Government Act of 2002, the administrator of OMB’s Office of E-Government has been
required to work with the OIRA administrator to implement aspects of digital information policy,
including requirements under the Privacy Act.101
The E-Government Act of 2002 also requires agencies to conduct privacy impact assessments
(PIAs) when they develop or procure IT that collects, maintains, or disseminates information that
is in an identifiable form.102 A PIA includes elements such as what and why the information is
being collected, how the information will be secured and shared, and what notice or opportunities
for consent are provided to individuals regarding the information collection and sharing.103
95 “Project Open Data” now directs to resources.data.gov. The Federal Data Strategy was issued as an OMB
memorandum. See OMB, “Federal Data Strategy—A Framework for Consistency,” M-19-18, June 4, 2019,
https://trumpwhitehouse.archives.gov/wp-content/uploads/2019/06/M-19-18.pdf.
96 Title II of the Foundations for Evidence-Based Policymaking Act of 2018 (P.L. 115-435; 132 Stat. 5529, at 5534).
97 U.S. Congress, House Oversight and Accountability Committee, Foundations for Evidence-Based Policymaking Act
of 2017, 115th Cong., 1st sess., November 15, 2017, H.Rept. 115-411 (GPO, 2017), pp. 11-12; and 44 U.S.C.
§3511(a)(2)(E)).
98 See also CRS In Focus IF12299, The OPEN Government Data Act: A Primer, by Meghan M. Stuessy.
99 OMB, “Phase 2 Implementation of the Foundations for Evidence-Based Policymaking Act of 2018: Open
Government Data Access and Management Guidance” M-25-05, January 15, 2025, p. 2,
https://bidenwhitehouse.archives.gov/wp-content/uploads/2025/01/M-25-05-Phase-2-Implementation-of-theFoundations-for-Evidence-Based-Policymaking-Act-of-2018-Open-Government-Data-Access-and-ManagementGuidance.pdf. The guidance follows a years-long delay since the Open, Public, Electronic, and Necessary Government
Data Act’s enactment. See also GAO, OMB Priority Recommendations, GAO-24-107364, August 9, 2024, p. 14,
https://www.gao.gov/assets/gao-24-107364.pdf. For more information on Memorandum M-25-05, see CRS Insight
IN12502, OMB Releases OPEN Government Data Act Guidance, by Meghan M. Stuessy.
100 For more information about the Privacy Act, see CRS Report R47863, The Privacy Act of 1974: Overview and
Issues for Congress, by Meghan M. Stuessy.
101 44 U.S.C. §3602(d).
102 P.L. 107-347, 116 Stat. 2921, 35 U.S.C. §3501 note. For more information on the concept of identifiable form, see
“What Is Considered to Be “Identifiable Form”?” in CRS Report R47863, The Privacy Act of 1974: Overview and
Issues for Congress, by Meghan M. Stuessy.
103 See “Privacy Impact Assessments (PIAs)” in CRS Report R47863, The Privacy Act of 1974: Overview and Issues
for Congress, by Meghan M. Stuessy.
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With the expanding agency use of digital information and artificial intelligence, Congress may
explore whether OIRA is able to keep pace with issuing guidance and assessing privacy risks for
these emerging formats and technologies.104 In particular, there are new risks to privacy resulting
from increased access to information from a variety of governmental and nongovernmental
sources.105 OMB has described these risks as relating to the mosaic effect, where seemingly deidentified information could be collected and recombined to reveal individuals’ identities.106
Observers have also questioned what role private entities, such as commercial data brokers, may
play in supplementing or comingling with government information and what recourse individuals
have in the event of inappropriate use or quality of this third-party information.107 Furthering this
conversation, E.O. 14110, issued in 2023, required in part that the OMB director improve the
effectiveness of PIAs in light of these developing technologies.108 Given the requirement for the
OMB director to update the PIA process and the overlap between the Office of E-Government
and OIRA with respect to the Privacy Act and PIAs, OMB’s organization may further blur the
delineation of responsibilities with respect to privacy.109
Statistical Policy110
The administrator of OIRA is responsible for coordinating the federal statistical system, which
includes more than 100 agencies, organizational units, and programs.111 Historically, the federal
statistical system has included 13 principal statistical agencies (PSAs) whose principal missions
are related to the collection, compilation, processing, analysis, and dissemination of data for
statistical and other purposes. The federal statistical system describes these entities as recognized
statistical agencies or units (RSAUs), a group of 16 entities whose principal mission is to
produce statistics. According to OMB, there are also more than 100 other statistical programs
“that produce and disseminate statistics in support of other mission areas and conduct a variety of
evidence-building functions, including program evaluation, scientific research, data collection,
104 See also CRS Insight IN12308, The AI Executive Order and Considerations for Federal Privacy Policy, by Meghan
M. Stuessy.
105 See, for example, the discussion of commingled data in OMB, “Establishment of Standard Application Process
Requirements on Recognized Statistical Agencies and Units,” M-23-04, p. 5, https://www.whitehouse.gov/wp-content/
uploads/2022/12/M-23-04.pdf.
106 OMB, “Open Data Policy-Managing Information as an Asset,” M-13-13, p. 4.
107 Robert Gellman and Pam Dixon, “Data Brokers and the Federal Government: A New Front in the Battle for Privacy
Opens,” World Privacy Forum, October 30, 2013, pp. 4-5, https://www.worldprivacyforum.org/wp-content/uploads/
2013/10/WPF_DataBrokersPart3_fs.pdf. E.O. 14110 defines the term commercially available information as “any
information or data about an individual or group of individuals, including an individual’s or group of individuals’
device or location, that is made available or obtainable and sold, leased, or licensed to the general public or to
governmental or non-governmental entities.”
108 E.O. 14110, “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,” 88 Federal Register
75191, November 1, 2023. OMB issued guidance related to E.O. 14110 in March 2024 at OMB, “Advancing
Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence,” M-24-10,
https://www.whitehouse.gov/wp-content/uploads/2024/03/M-24-10-Advancing-Governance-Innovation-and-RiskManagement-for-Agency-Use-of-Artificial-Intelligence.pdf. This guidance discusses “AI impact assessments” and does
not discuss PIAs. Pursuant to the E.O.’s requirements, OMB issued a public request for information on PIAs in the
Federal Register. The notice may be located at OMB, “Request for Information: Privacy Impact Assessments,” 89
Federal Register 5945, January 30, 2024.
109 See also “CIO Institutional Relationships” in CRS Report R48147, Chief Information Officers (CIOs): Agency Roles
and Responsibilities, by Meghan M. Stuessy and Dominick A. Fiorentino.
110 This section was written by Taylor R. Knoedl, Analyst in American National Government.
111 44 U.S.C. §3504(e) and OMB, Statistical Programs of the United States Government: Fiscal Year 2021/2022, p. 4,
https://www.bidenwhitehouse.gov/wp-content/uploads/2024/02/statistical-programs-20212022.pdf.
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policy and program analysis, and the provision of funding and other support for external
research.”112
RSAUs often operate independently from one another, where they may have their own budgets
and conduct separate statistical activities. Though they are decentralized, the Chief Statistician is
nonetheless responsible for issuing statistical policy directives that all RSAUs must adhere to and
organizing advisory committees and councils centered on the government-wide performance of
the federal statistical system, as discussed below.
Chief Statistician
The OIRA administrator, via authority delegated by the OMB director, is responsible for
appointing the Chief Statistician.113 The position was created by the PRA of 1995 and heads
OIRA’s Statistical and Science Policy Office.114 The Chief Statistician has the broad responsibility
of providing coordination, guidance, and oversight of the federal statistical agencies and their
activities.115 The Chief Statistician also appoints the chair of the Federal Committee on Statistical
Methodology (FCSM)116 and chairs the Interagency Council on Statistical Policy (ICSP).117
Federal Committee on Statistical Methodology
The FCSM serves as an advisory board for OMB and the federal statistical system with the stated
purpose of informing statistical-policy-related decisionmaking and providing technical guidance
on statistical and methodological issues. It was originally established in 1975 by OMB’s Office of
Statistical Policy and later moved to OIRA’s statistical and science policy branch. The FCSM is
chaired by an appointee of the Chief Statistician, with other members selected by OMB.118
The FCSM conducts other activities, including sponsoring regular conferences in partnership with
the Council on Professional Associations on Federal Statistics,119 hosting seminars and workshops
that are often in collaboration with partner organizations, writing reports relating to the federal
statistical system and the federal statistical community, and creating various subcommittees and
interest groups120 that focus on topics considered relevant to the federal statistical community.121
Interagency Council on Statistical Policy
The ICSP was introduced administratively in 1989 with the original goal of improving
communication among heads of the PSAs.122 Congress enacted ICSP into law in 1995.123 The role
of the ICSP has since expanded to include advising and assisting the Chief Statistician. It consists
112 OMB, Statistical Programs of the United States Government, p. 5.
113 44 U.S.C. §§3503(b) and 3504(e)(7).
114 P.L. 104-13, 109 Stat. 168.
115 44 U.S.C. §3504(e)(7).
116 Federal Committee on Statistical Methodology (FCSM), “Office of Management and Budget Charter of the Federal
Committee on Statistical Methodology,” https://www.fcsm.gov/about/charter/.
117 44 U.S.C. §3504(e)(8)(A).
118 FCSM, “About FCSM,” https://www.fcsm.gov/about/.
119 Council on Professional Associations of Federal Statistics, “About,” https://copafs.org/about/.
120 FCSM, “Groups Overview,” https://www.fcsm.gov/groups/.
121 FCSM, “About FCSM.”
122 StatsPolicy.gov, “About Us,” https://www.statspolicy.gov/about/.
123 P.L. 104-13, 109 Stat. 168.
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of 27 statistical officials across executive agencies, including 11 heads of PSAs and the Chief
Statistician,124 who serves as chair, as authorized by the PRA of 1995125 and the Foundations for
Evidence-Based Policymaking Act.126
Statistical Policy Directives
OMB expects federal statistical agencies to follow minimum requirements as identified by its
Statistical Policy Directives (SPDs) when the agencies conduct statistical activities.127 Generally
authorized under Title 44, Section 3504(e), of the U.S. Code, SPDs are issued as needed to ensure
quality and coordination of federal statistical activities.128 According to OMB, the statistical and
science policy office within OIRA periodically reviews and revises SPDs to maintain their
relevance and utility.129
The fundamental responsibilities of RSAUs are established in OMB’s SPD No. 1: Fundamental
Responsibilities of Federal Statistical Agencies and Recognized Units,130 which require RSAUs
to:
•
•
•
•
produce and disseminate relevant and timely information,
conduct credible and accurate statistical activities,
conduct objective statistical activities, and
protect the trust of information providers by ensuring the confidentiality and
exclusive statistical use of their responses.
These fundamental responsibilities are also established in the U.S. Code through the 2018
reauthorization of the Confidential Information Protection and Statistical Efficiency Act
(CIPSEA).131 In 2024, OMB sought to further solidify these fundamental responsibilities while
addressing concerns of declining public trust in federal statistics through the Fundamental
Responsibilities of Recognized Statistical Agencies and Units rule, also known as the “Trust
Regulation.”132
“Trust Regulation”
Declining trust in federal statistics is a long-standing concern that was previously addressed in the
reauthorization of CIPSEA, where Congress found
124 StatsPolicy.gov, “About Us.”
125 44 U.S.C. §3504(e)(8), P.L. 104-13, 109 Stat. 168.
126 P.L. 115-435; StatsPolicy.gov, “About Us.”
127 OMB, “Fundamental Responsibilities of Recognized Statistical Agencies and Units,” 88 Federal Register 56708,
August, 18, 2023, p. 56712, https://www.govinfo.gov/content/pkg/FR-2023-08-18/pdf/2023-17664.pdf#page=5.
128 OMB “Statistical Programs and Standards,” https://www.bidenwhitehouse.gov/omb/information-regulatory-affairs/
statistical-programs-standards/.
129 OMB, Statistical Programs of the United States Government, p. 48.
130 OMB, “Statistical Policy Directive No. 1: Fundamental Responsibilities of Federal Statistical Agencies and
Recognized Statistical Units,” 79 Federal Register 71610, December 2, 2014, https://www.govinfo.gov/content/pkg/
FR-2014-12-02/pdf/2014-28326.pdf.
131 44 U.S.C. §3563.
132 OMB, “Fundamental Responsibilities of Recognized Statistical Agencies and Units,” 88 Federal Register 159,
October 11, 2024, https://www.govinfo.gov/content/pkg/FR-2024-10-11/pdf/2024-23536.pdf.
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[d]eclining trust of the public in the protection of information provided under a pledge of
confidentiality to the agencies adversely affects both the accuracy and completeness of
statistical analyses.133
The Trust Regulation provides formal guidance for RSAUs and their parent agencies to carry out
their fundamental responsibilities, aiming to improve public trust in federal statistics. Provisions
of the Trust Regulation mean to establish greater autonomy from the RSAUs with the support of
their parent agencies. Requirements of the Trust Regulation include consistent branding and
websites across RSAUs, budget requests specific to RSAUs, decisionmaking authority for
RSAUs in their statistical activities, ensuring equitable data access to users, and certain
confidentiality protections, among others.134
The original proposal for the Trust Regulation was published on August 18, 2023, with a public
comment period that lasted until October 2, 2023.135 The final guidance took effect on December
10, 2024.136
Issues for Congress
Congress may consider whether OIRA’s current priorities, staffing levels, and organization align
with congressional expectations, especially as new questions concerning digital information and
artificial intelligence emerge.
For example, OIRA operates under both statutory directives and executive orders, which do not
provide clarity on how to prioritize review of information collections, information policy,
statistical policy, and review of regulations. OIRA has described itself as a central authority for
the review of proposed and final executive branch regulations, bringing into question whether
OIRA views its other seven categories of statutory responsibilities as being of the same priority
level as its rulemaking authorities.137
With regard to OIRA’s organization and staffing levels, Congress may inquire whether OIRA’s
internal organization and allocation of resources are consistent with congressional priorities or
whether the current workload requires the current distribution. Congress could also provide
additional clarity on which responsibilities should take precedence over others and consider
whether this ordering should change over time.
Relatedly, certain statutory responsibilities require OIRA to cooperate with other offices within
OMB, the EOP, and other executive branch agencies. In other instances, OIRA’s responsibilities
might partially overlap with the responsibilities of another agency, as is the case with OMB’s
Office of E-Government.138 Congress may investigate whether OIRA sufficiently collaborates
with other entities for its responsibilities regarding IRM, information collection, records
133 H.Rept. 107-778, p. 3.
134 OMB “Fundamental Responsibilities of Recognized Statistical Agencies and Units,” 88 Federal Register 159,
October 11, 2024.
135 OMB, “Fundamental Responsibilities of Recognized Statistical Agencies and Units,” 88 Federal Register 56708,
August 18, 2023, https://www.govinfo.gov/content/pkg/FR-2023-08-18/pdf/2023-17664.pdf.
136 OMB, “Fundamental Responsibilities of Recognized Statistical Agencies and Units,” 88 Federal Register 159,
October 11, 2024.
137 The White House, “Information and Regulatory Affairs,” https://bidenwhitehouse.archives.gov/omb/informationregulatory-affairs/.
138 OMB has in recent years referred to the Office of E-Government as the “Office of the Federal CIO.” See, for
example, The White House, “Building a 21st Century Digital Government”; and The White House, “Office of the
Federal Chief Information Officer,” retrieved July 5, 2024, https://www.bidenwhitehouse.gov/omb/management/ofcio/.
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management, regulatory review, and federal IT. Congress may also prescribe additional
collaboration with other entities that have expertise in information dissemination, statistical
policy, and privacy and security, as necessary, or Congress may reduce existing collaboration
requirements in an attempt to clarify OIRA’s primacy in certain areas.
Congress may also consider whether OIRA’s current staffing levels are sufficient for carrying out
its statutory and administrative responsibilities. When OIRA was created in FY1981, the office
was staffed by 90 FTEs, which is the highest staffing level in OIRA’s history. OIRA’s staffing
levels gradually declined to an all-time low of 43 FTEs in FY2015, though some fiscal years
show small upticks in OIRA’s FTE count. Since FY2015, OIRA’s staffing level gradually
increased to 55 FTEs in FY2023—approximately 61% of OIRA’s original FY1981 staffing level.
For more detailed information, see Appendix.
These staffing fluctuations, in combination with OIRA’s changing responsibilities, have raised
questions regarding the office’s capacity to carry out its duties. OIRA’s budget and staffing levels
are allocated from OMB’s totals. At various times in its history, some Members of Congress have
attempted to reduce funding for OIRA in order to signal congressional displeasure with the
office’s actions.139 Other observers, however, believe that OIRA’s funding should be increased,
arguing that a relatively small number of additional resources for OIRA could yield substantial
benefits.140
In addition, Congress may consider the impact that the recent inclusion of independent regulatory
agencies for purposes of OIRA regulatory review may have on the timing, volume, and content of
regulations pursued by those agencies, as well as what impact this change may have on OIRA’s
workload and resources.
139 For example, in OMB’s appropriation for 2002, Congress stipulated that nearly $1.6 million should not be obligated
until OMB submitted a report assessing the total costs and benefits of implementing E.O. 13166. Also, in the
conference report for OMB’s FY2004 appropriation (under the heading “Office of Information and Regulatory
Affairs”), the conferees directed that $1 million “be withheld from obligation until resolution of existing programmatic
concerns by House conferees are addressed and the House and Senate Committee on Appropriations approve of such
obligations.” OIRA was also briefly defunded in 1986, in part because certain Members of Congress wanted OIRA to
spend more time on procurement and information technology issues, among other areas. See Gramm, “Regulatory
Review Issues,” p. 29.
140 See, for example, Robert W. Hahn and Robert E. Litan, “Why Congress Should Increase Funding for OMB Review
of Regulations,” AEI-Brookings Joint Center for Regulatory Studies, October 2003.
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Appendix. OIRA Nominations, Staffing, and
Budget
Table A-1. Nominations to the Position of OIRA Administrator
Timing of Senate Consideration
Administrator
Date
Nomination
Received in
Senate
Hearings
Date Ordered
Reported
Date of Senate
Confirmation
Richard L. Revesz
09/12/2022
09/29/2022
(scheduled)
11/16/2022
12/21/2022
Paul J. Ray
10/15/2019
12/04/2019
12/17/2019
01/09/2020
Neomi Rao
05/18/2017
06/07/2017
06/21/2017
07/10/2017
Howard A. Shelanski
04/25/2013
06/12/2013
06/24/2013
06/27/2013
Cass R. Sunstein
04/20/2009
05/12/2009
05/20/2009
09/10/2009
Susan Dudley (recess
appointed)
08/01/2006
11/13/2006
—
04/04/2007 (date of
recess appointment;
nomination was not
confirmed by the
Senate)
John D. Graham
03/28/2001
05/17/2001
05/23/2001
07/19/2001
John T. Spotila
01/07/1999
04/29/1999
05/20/1999
07/01/1999
Sally Katzen
04/21/1993
05/19/1993
05/26/1993
05/28/1993
S. Jay Plager
04/19/1988
06/14/1988
06/27/1988
07/12/1988
Source: Congress.gov nominations database. Kathleen E. Marchsteiner, Senior Research Librarian, contributed
to this table.
Note: This table does not include acting administrators who served on an interim basis.
Table A-2. OIRA and OMB Staffing
Full-Time Equivalent Positions (FTEs) by Fiscal Year
Fiscal Year
OIRA FTE Positions
OMB S&E Account FTE
Positions
FY2025 (estimated)
58
510
FY2024 (estimated)
58
510
FY2023
55
472
FY2022
50
448
FY2021
54
469
FY2020
52
482
FY2019
49
466
FY2018
46
460
FY2017
46
467
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Fiscal Year
OIRA FTE Positions
OMB S&E Account FTE
Positions
FY2016
48
487
FY2015
43
457
FY2014
45
435
FY2013
44
466
FY2012
46
506
FY2011
46
506
FY2010
50
527
FY2009
46
497
FY2008
46
475
FY2007
46
475
FY2006
50
466
FY2005
54
484
FY2004
56
497
FY2003
55
491
FY2002
55
512
FY2001
49
502
FY2000
52
516
FY1999
47
504
FY1998
46
504
FY1997
48
513
FY1996
51
522
FY1995
62
533
FY1994
53
532
FY1993
57
561
FY1992
60
553
FY1991
61
540
FY1990
58
507
FY1989
60
524
FY1988
76
570
FY1987
78
580
FY1986
79
594
FY1985
75
594
FY1984
80
604
FY1983
80
604
FY1982
84
604
FY1981
90
610
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Source: Executive Office of the President, congressional budget justifications (CBJs), FY1982-FY2025, March
1981 through February 2025. Carol Wilson, Senior Research Librarian, contributed to this table.
Notes: Full-time equivalent positions (FTEs) calculate employee work years. One full-time employee working 40
hours per week for 52 weeks would constitute one FTE; two part-time employees each working 20 hours per
week for 52 weeks would also constitute one FTE. The FTE totals correspond to direct FTEs and not
reimbursable FTEs. Before FY1991, the CBJs presented the personnel counts for OIRA and OMB as
“allocations” in a table of “Distribution of Permanent Positions” rather than FTEs.
Table A-3. OIRA and Total OMB Salaries and Expenses (S&E) Account Obligations
In Millions of Dollars
Fiscal Year
Total OMB S&E Account
Obligations
OIRA Obligations
FY2025 (estimated)
16
144
FY2024 (estimated)
15
137
FY2023
15
132
FY2022
13
120
FY2021
12
108
FY2020
11
102
FY2019
12
106
FY2018
11
102
FY2017
10
96
FY2016
10
96
FY2015
9
93
FY2014
9
90
FY2013
8
85
FY2012
8
89
FY2011
8
92
FY2010
8
93
FY2009
8
88
FY2008
8
79
FY2007
7
77
FY2006
8
77
FY2005
7
68
FY2004
8
67
FY2003
7
62
FY2002
7
71
FY2001
—
—
FY2000
6
63
FY1999
5
61
FY1998
5
57
FY1997
5
56
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Fiscal Year
Total OMB S&E Account
Obligations
OIRA Obligations
FY1996
5
56
FY1995
7
58
FY1994
6
57
FY1993
5.8
56
FY1992
5.5
52
FY1991
5.2
48
FY1990
4.9
44
FY1989
4.5
40
FY1988
4.9
39
FY1987
5
37
FY1986
4.9
36
FY1985
5.4
39
FY1984
5
37
FY1983
4.6
34
FY1982
4.5
33
FY1981
4
33
Source: OMB, Budget of the U.S. Government, Appendix, FY1995-FY2025 and FY1981-FY1990; Budget of the U.S.
Government, Budget Volume, FY1991-FY1994. Carol Wilson, Senior Research Librarian, contributed to this table.
Notes: Obligations are rounded to the nearest million. The budget appendices for FY1991-FY1994 were not
published in a separate Appendix volume. Instead, they were included in the main budget volumes. CRS was
unable to locate the relevant obligation information for FY2001.
Author Information
Meghan M. Stuessy
Analyst in Government Organization and
Management
Taylor R. Knoedl
Analyst in American National Government
Taylor N. Riccard
Analyst in Government Organization and
Management
Natalie R. Ortiz
Analyst in Government Organization and
Management
Maeve P. Carey
Specialist in Government Organization and
Management
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The Office of Information and Regulatory Affairs (OIRA)
Acknowledgments
Kathleen Marchsteiner, Senior Research Librarian, and Carol Wilson, Senior Research Librarian,
contributed research to this report.
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
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R48546 · VERSION 1 · NEW
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