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
Outside parties 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 OIRA_submission@omb.eop.gov. 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: Mabel_E._Echols@omb.eop.gov 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.