About OIRA (2024)

The Rulemaking Process

Executive Order 12866"Regulatory Planning and Review," issued by President Clinton on September 30, 1993, establishes and governs the process under which OIRA currently reviews agency draft and proposed final regulatory actions. The objectives of the Executive Order are to enhance planning and coordination with respect to both new and existing regulations; to reaffirm the primacy of Federal agencies in the regulatory decision-making process; to restore the integrity and legitimacy of regulatory review and oversight; and to make the process more accessible and open to the public. For all significant regulatory actions, the Executive Order requires OIRA review before the actions take effect. Under EO 12866, OIRA has up to 90 days (which can be extended) to review a rule. This review helps to promote adequate interagency review of draft proposed and final regulatory actions, so that such actions are coordinated with other agencies to avoid inconsistent, incompatible, or duplicative policies. In addition Executive Order 12866 requires agencies to conduct an analysis of the benefits and costs of rules and, to the extent permitted by law, directs that regulatory action shall only proceed on the basis of a reasoned determination that the benefits of a regulation justify the costs. President Obama issued Executive Order 13563“Improving Regulation and Regulatory Review,” on January 18, 2011, to reaffirm and supplement Executive Order 12866 to further improve rulemaking and regulatory review.

OIRA’s Professional Staff

OIRA has approximately 45 full-time career civil servants who work with agency officials on specific issues and regulations. All OIRA career staff possess graduate level degrees and have historically come from backgrounds in economics, law, policy analysis, statistics, and information technology. With the growth of science-based regulation and information-quality issues, several staff members also have expertise in public health, toxicology, epidemiology, engineering, and other technical fields.

The OIRA Administrator leads the office and is nominated by the President and confirmed by the Senate. The OIRA front office also includes the Associate Administrator, the Counsel to the Administrator, and the Confidential Assistant to the Administrator.

How to Participate in the Rulemaking Process

Outsideparties may provide written comments to the OIRA Administrator on a rule that is under review. If a rule is at OIRA for review, interested parties can provide comments by email at[email protected]. In the email please specify the name of the rule and the regulatory identification number (RIN) as specified in the docket for the rule on www.reginfo.gov.

Outside parties may also request a meeting with the Administrator, or his/her designee. If you would like to request a meeting to provide views on a rule being reviewed at OIRA, email:[email protected] or call 202-395-6880 to schedule.

As required by Executive Order 12866, OIRA makes publicly available all substantive communications with any party outside the Executive Branch concerning regulations under review. If the OIRA Administrator or his/her designee meets with outside parties regarding a rule under review, the subject, date, and participants of the meeting are disclosed on Reginfo.gov. Any material received from outside parties on rules under review is placed in the public docket and posted on www.reginfo.gov.

Alternatively, when a rule is out for public comment, interested parties may visit regulations.gov to find, read, and comment on proposed regulations and related documents published by the U.S. Federal Government, and learn more about regulatory issues.

For more information about OIRA, including the information collection review process, further information about the rulemaking process, and much more, see the full OIRA FAQ at reginfo.gov.

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About OIRA (2024)

FAQs

What is the major rule of OIRA? ›

“Major rules” (ones that are economically significant and require OIRA review) must be made effective at least 60 days after the date of publication in the Federal Register, allowing time for Congressional review. In emergency situations, a major rule can be made effective before 60 days.

Why is OIRA important? ›

OIRA is the United States Government's central authority for the review of Executive Branch regulations, approval of Government information collections, establishment of Government statistical practices, and coordination of Federal privacy policy.

How long does an OIRA review take? ›

For all significant regulatory actions, the Executive Order requires OIRA review before the actions take effect. Under EO 12866, OIRA has up to 90 days (which can be extended) to review a rule.

What is economically significant OIRA? ›

A regulatory action is determined to be “economically significant” if OIRA determines that it is likely to have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, ...

Who does OIRA report to? ›

OIRA is part of the Office of Management and Budget (OMB), which is an agency within the Executive Office of the President.

Who is the head of OIRA? ›

Office of Information and Regulatory Affairs
Agency overview
HeadquartersWashington, D.C.
Agency executiveRichard Revesz, Administrator
Parent agencyOffice of Management and Budget
WebsiteOfficial Website
5 more rows

What are the two primary functions of regulatory agencies? ›

Regulatory agencies serve two primary functions in government: they implement laws and they enforce laws. Regulations are the means by which a regulatory agency implements laws enacted by the legislature.

What are 12866 meetings? ›

OIRA's review of draft significant rules or other regulatory actions is called “E.O. 12866 review,” after the Executive Order, and meetings with OIRA about actions that we are reviewing are called “E.O. 12866 meetings.” A full list of every regulation OIRA is reviewing at any one time is available at www.reginfo.gov.

Where is OIRA headquarters? ›

Location: Washington, D.C. The Office of Information and Regulatory Affairs (OIRA) is a United States federal government office located within the Office of Management and Budget (OMB), itself a division of the Executive Office of the President.

What is the final rule stage? ›

Final Rule Stage

After the comment period closes, the agency reviews all comments received and conducts a comment analysis. Then agencies decide whether to proceed with the rulemaking process or issue a new or modified proposal. In some cases they withdraw the proposal.

What is the difference between a rule and a regulation? ›

Regulations and rules are pretty close to the same thing. A regulation is a bit more formal than a rule – it prescribes the required conduct or action exactly; Rules are also binding, but, by contrast, describe what is generally considered to be the proper course of conduct.

What are the exclusions for the Paperwork Reduction Act? ›

Some of the more common exemptions to PRA include: Requesting from fewer than 10 people, Open-ended requests for comments or feedback, Only collecting information from federal employees as part of their work duties, or.

Who is the deputy administrator of the OIRA? ›

Dominic Mancini serves as the permanent Deputy Administrator of the Office of Management and Budget's Office of Information and Regulatory Affairs (OIRA), where he plays a key role in the coordination of the Administration's information and regulatory policy activities.

What is the main role of OIRA review? ›

In addition to reviewing collections of information under the Paperwork Reduction Act, OIRA reviews draft regulations under Executive Order 12866 and develops and oversees the implementation of government-wide policies in the areas of information technology, information policy, privacy, and statistical policy.

What types of powers do administrative agencies have? ›

Usually, the agency will have all three kinds of power: executive, legislative, and judicial. (That is, the agency can set the rules that business must comply with, can investigate and prosecute those businesses, and can hold administrative hearings for violations of those rules.

What are the three major parts of the federal bureaucracy? ›

The federal bureaucracy performs three primary tasks in government: implementation, administration, and regulation. When Congress passes a law, it sets down guidelines to carry out the new policies. Actually putting these policies into practice is known as implementation.

Who runs OIRA? ›

On September 2, 2022, President Biden announced his intention to nominate Richard Revesz as administrator of the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB).

How long does an OMB have to review a rule? ›

OMB review timeline and process

OMB typically reviews ICR packages within sixty days, from the date of submission or publication of the 30-day Federal Register notice (whichever is later), but can take longer in some circ*mstances.

What does OMB approval mean? ›

The Paperwork Reduction Act of 1980 (44 U.S.C. 35, et seq.) imposes a requirement on Federal agencies to obtain approval from the Office of Management and Budget (OMB) before collecting information from 10 or more members of the public.

What are the 3 basic requirements of the Administrative Procedure Act as far as rule making is concerned? ›

The APA requires that the notice of proposed rulemaking include "(1) the time, place, and nature of public rulemaking proceedings; (2) reference to the legal authority under which the rule is proposed; and (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved."11 ...

What major document must all laws federal state local all comply with? ›

The US Constitution is another source of federal law. No action taken by the federal government can violate the Constitution. Therefore, the Constitution should be considered as the most important source of law in the United States.

How does notice of proposed rulemaking work? ›

This notice allows the public the opportunity to comment on whether or not a rulemaking should be initiated. If an agency believes a rulemaking is warranted, the agency then proposes their findings to Congress or to the President in order to receive authority to issue a regulation.

What is a federal administrative rule? ›

Rulemaking is one of the main mechanisms through which agencies act. Administrative rules, also referred to interchangeably as regulations, are adopted by agencies and are considered primary legal authority. The process of rulemaking is governed by the Administrative Procedure Act.

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