Completed OIRA review of federal administrative agency rules

From Ballotpedia
Jump to: navigation, search
New Administrative State Banner.png
Administrative State
Administrative State Icon Gold.png
Five Pillars of the Administrative State
•Agency control
• Executive control
• Judicial control
•Legislative control
• Public Control
Click here for more coverage of the administrative state on Ballotpedia.
Click here to access Ballotpedia's administrative state legislation tracker.
See also: Changes to the Federal Register

This page features the Office of Information and Regulatory Affairs' (OIRA) completed reviews of administrative rules from 2017 to 2024.

OIRA plays a role in the regulatory review process and presidential oversight of agency rulemaking. It reviews both new and pre-existing agency regulations, including proposed and final rules, under the authority of Executive Order 12866, the Congressional Review Act, and other orders and statutes.[1][2]

  • Click here to jump to OIRA's completed reviews in 2025.
  • Click here to jump to OIRA's completed reviews in 2024.
  • Click here to jump to OIRA's completed reviews in 2023.
  • Click here to jump to OIRA's competed reviews in 2022.
  • Click here to jump to OIRA's competed reviews in 2021.
  • Click here to jump to OIRA's competed reviews in 2020.
  • Click here to jump to OIRA's competed reviews in 2019.
  • Click here to jump to OIRA's competed reviews in 2018.
  • Click here to jump to OIRA's competed reviews in 2017.

Background

Under Executive Order 12866, OIRA is responsible for reviewing and coordinating what it deems to be all significant regulatory actions made by federal agencies, excluding those defined as independent federal agencies. Significant regulatory actions include agency rules that have had or may have a large impact on the economy, environment, public health, or state and local governments and communities. Significant regulatory actions also include agency rules that may conflict with other regulations or with the priorities of the president.[1][2]

As part of its review process, OIRA examines the rulemaking agency's analysis of the costs and benefits of its rule. It also attempts to ensure that executive agency policies reflect the priorities of the president. Under E.O. 12866, OIRA has 90 days (with a possible 30 day extension) to complete its review of a significant regulatory action; the rule in question cannot be published in the Federal Register until the office completes its review without recommendations or the review period expires. OIRA review may result in one of the following outcomes:[3][4]

  • Consistent without change: OIRA approved of the rule and no changes were made.[5]
  • Consistent with change: OIRA approved of the intent of the rule, but made changes to the content. This is the most common outcome of an OIRA review.[5]
  • Returned: OIRA found fault with the substance or intent of the rule during the review process and returned the rule to the agency for further consideration. A returned rule is accompanied by a return letter from OIRA that outlines the issues with the rule and offers suggestions to either improve the rule or withdraw the proposal.[5]
  • Withdrawn: The agency withdrew the rule from the review process. The agency may intend to revise and resubmit the rule or abandon the proposal altogether.[6]

2025 completed reviews

The following table identifies OIRA's completed reviews of administrative rules in 2025, including proposed rules, final rules, interim final rules, and notices:[7]

Completed OIRA reviews of administrative rules, 2025[7]
Month Section 3(f)(1) significant rules Other than Section 3(f)(1) significant rules Total rules reviewed Consistent without change Consistent with change Returned Withdrawn Statutory or judicial deadline
February 0 3 3 0 2 0 1 0
January 27 73 100 0 25 0 71 4
Total 2025 27 76 103 0 27 0 72 4
Pending actions (as of March 3, 2025): 11[8]


2024 completed reviews

The following table identifies OIRA's completed reviews of administrative rules in 2024, including proposed rules, final rules, interim final rules, and notices:[7]

Completed OIRA reviews of administrative rules, 2024[7]
Month Section 3(f)(1) significant rules Other than Section 3(f)(1) significant rules Total rules reviewed Consistent without change Consistent with change Returned Withdrawn Statutory or judicial deadline
December 16 54 70 3 55 0 8 4
November 14 31 45 2 36 0 2 5
October 14 25 39 1 36 0 0 2
September 9 37 46 5 40 0 0 1
August 5 17 22 0 22 0 0 0
July 10 31 41 1 39 0 1 0
June 6 21 27 0 25 0 1 1
May 2 13 15 3 10 0 1 1
April 45 54 99 3 93 0 0 3
March 22 41 63 1 58 0 1 3
February 13 29 42 2 34 0 2 4
January 15 30 45 3 38 0 0 4
Total 2024 172 382 554 24 486 0 16 28
Pending actions (as of January 2, 2025): 97[9]


2023 completed reviews

President Joe Biden (D) issued Executive Order 14094, titled "Modernizing Regulatory Review," on April 6, 2023. The order, among other provisions, changed the definition of a significant regulatory action to include any action with an annual effect of $200 million or more (as opposed to the previous definition of $100 million or more) in an effort to limit the number of actions that require review by OIRA. For more information about E.O. 14094, click here.[10]

The following table identifies OIRA's completed reviews of administrative rules in 2023, including proposed rules, final rules, interim final rules, and notices.[7]

Pursuant to changes made by E.O. 14094, rules categorized as "economically significant" from January through March are referred to as "Section 3(f)(1) significant rules" from April through December. Rules categorized as "not economically significant" from January through March are referred to as "other than Section 3(f)(1) significant rules" from April through December.[7]

Completed OIRA reviews of administrative rules, 2023[7]
Month Section 3(f)(1) significant rules Other than Section 3(f)(1) significant rules Total rules reviewed Consistent without change Consistent with change Returned Withdrawn Statutory or judicial deadline
December 13 41 54 3 46 0 1 4
November 14 35 49 2 44 0 3 0
October 13 26 39 2 35 0 2 0
September 13 40 53 2 48 0 0 3
August 15 42 57 5 49 0 2 1
July 19 36 55 3 50 0 2 0
June 13 35 48 3 42 0 2 1
May 8 27 35 1 30 0 2 2
April 6 31 37 3 32 0 2 0
Month Economically significant rules Not economically significant rules Total rules reviewed Consistent without change Consistent with change Returned Withdrawn Statutory or judicial deadline
March 25 45 70 10 55 0 4 1
February 12 26 38 2 35 0 1 0
January 11 29 40 0 40 0 0 0
Total 2023 114 461 575 36 506 0 21 12
Pending actions (as of January 2, 2024): 147[11]


2022 completed reviews

The following table identifies OIRA's completed reviews of administrative rules in 2022, including proposed rules, final rules, interim final rules, and notices:[7]

Completed OIRA reviews of administrative rules, 2022[7]
Month Economically significant rules Not economically significant rules Total rules reviewed Consistent without change Consistent with change Returned Withdrawn Statutory or judicial deadline
December 18 27 45 3 38 0 2 1
November 14 23 37 2 34 0 0 1
October 12 31 43 5 35 0 3 0
September 13 34 47 10 33 0 3 1
August 15 32 47 2 39 0 6 0
July 15 32 47 6 40 0 1 0
June 13 26 39 4 33 0 1 1
May 10 35 45 6 36 0 2 1
April 17 22 39 0 37 0 2 0
March 16 30 46 0 45 0 1 0
February 8 16 24 0 23 0 1 0
January 10 16 26 2 22 0 2 0
Total 2022 161 324 485 40 415 0 24 5
Pending actions (as of January 3, 2023): 100[12]

2021 completed reviews

The following table identifies OIRA's completed reviews of administrative rules in 2021, including proposed rules, final rules, interim final rules, and notices:[7]

Completed OIRA reviews of administrative rules, 2021[7]
Month Economically significant rules Not economically significant rules Total rules reviewed Consistent without change Consistent with change Returned Withdrawn Statutory or judicial deadline
December 13 23 36 1 31 0 3 1
November 14 27 41 3 37 0 1 0
October 13 29 42 2 40 0 0 0
September 10 28 38 1 35 0 2 0
August 11 26 37 1 33 0 3 0
July 20 23 43 0 38 0 5 0
June 10 22 32 2 29 0 1 0
May 7 28 35 5 30 0 0 0
April 12 10 22 0 20 0 0 2
March 8 20 28 3 25 0 0 0
February 9 7 16 0 8 0 8 0
January 45 87 132 7 57 0 67 1
Total 2021 172 330 502 25 383 0 90 4
Pending actions (as of January 3, 2022): 72[13]

2020 completed reviews

The following table identifies OIRA's completed reviews of administrative rules in 2020, including proposed rules, final rules, interim final rules, and notices:[7]

Completed OIRA reviews of administrative rules, 2020[7]
Month Economically significant rules Not economically significant rules Total rules reviewed Consistent without change Consistent with change Returned Withdrawn
December 21 69 90**** 5 82 0 2
November 15 43 58 5 51 0 2
October 21 32 53*** 2 48 0 2
September 16 32 48 4 42 0 2
August 20 44 64 8 51 0 5
July 15 58 73** 9 62 0 1
June 24 48 72 12 54 0 6
May 20 36 56 13 40 0 3
April 20 25 45* 9 32 0 2
March 14 27 41 2 38 0 1
February 8 36 44 1 36 0 7
January 9 23 32 1 29 0 2
Total 2020 203 473 676 71 564 0 35
Pending actions (as of January 4, 2021): 118[14]
  • *Note: In April 2020, one rule was subject to a statutory or judicial deadline. Another rule was classified as an emergency rule. These rules were included in the total monthly rule count but not in the final action categories.
  • **Note: In July 2020, one rule was subject to a statutory or judicial deadline. This rule was included in the total monthly rule count but not in the final action categories.
  • ***Note: In October 2020, one rule was subject to a statutory or judicial deadline. This rule was included in the total monthly rule count but not in the final action categories.
  • ****Note: In December 2020, one rule was subject to a statutory or judicial deadline. This rule was included in the total monthly rule count but not in the final action categories.

2019 completed reviews

The following table identifies OIRA's completed reviews of administrative rules in 2019, including proposed rules, final rules, interim final rules, and notices:[7]

Completed OIRA reviews of administrative rules, 2019[7]
Month Economically significant rules Not economically significant rules Total rules reviewed Consistent without change Consistent with change Returned Withdrawn
December 7 51 58*** 0 53 0 4
November 13 33 46 3 42 0 1
October 11 34 45 3 39 0 3
September 10 32 42** 3 35 0 2
August 11 38 49 1 48 0 0
July 17 34 51 1 45 0 5
June 11 26 37 0 36 0 1
May 8 28 36 0 34 0 2
April 11 33 44 1 39 0 4
March 5 22 27* 3 23 0 0
February 6 17 23 0 21 0 2
January 7 10 17 1 13 0 3
Total 2019 117 358 475 16 428 0 27
Pending actions (as of January 3, 2020): 132[15]
  • *Note: In March 2019, one was subject to a statutory or judicial deadline. This rule was included in the total monthly rule count but not in the final action categories.
  • **Note: In September 2019, two rules were sent improperly by agencies. These rules are included in the total monthly rule count but not in the final action categories.
  • ***Note: In December 2019, one rule was sent improperly by agencies. This rule is included in the total monthly rule count but not in the final action categories.

2018 completed reviews

The following table identifies OIRA's completed reviews of administrative rules in 2018, including proposed rules, final rules, interim final rules, and notices:[7]

Completed OIRA reviews of administrative rules, 2018[7]
Month Economically significant rules Not economically significant rules Total rules reviewed Consistent without change Consistent with change Returned Withdrawn
December 9 22 31 3 26 0 2
November 11 25 36 1 33 0 2
October 9 34 43 2 39 0 2
September 2 19 21 0 21 0 0
August 12 23 35 5 28 0 2
July 17 19 36 2 34 0 0
June 6 34 40 2 36 0 2
May 4 18 22 1 21 0 0
April 9 23 32 1 29 0 2
March 3 16 19 1 15 0 3
February 2 18 20* 1 15 0 3
January 5 15 20 0 15 0 5
Total 2018 89 266 355 19 312 0 23
Pending actions (as of January 2, 2019): 92[16]

*Note: In February, OIRA held that one rule had been submitted improperly. This rule was not included in the monthly or annual totals.

2017 completed reviews

The following table identifies OIRA's completed reviews of administrative rules in 2017, including proposed rules, final rules, interim final rules, and notices:[7]

Completed OIRA reviews of administrative rules, 2017[7]
Month Economically significant rules Not economically significant rules Total rules reviewed Consistent without change Consistent with change Returned Withdrawn
December 6 24 30 4 25 0 1
November 6 9 15 3 12 0 0
October 6 19 25 2 20 0 3
September 6 10 16 0 16 0 0
August 4 8 12 2 9 0 1
July 8 11 19 1 18 0 0
June 3 15 18 1 15 0 2
May 3 1 4 2 2 0 0
April 5 2 7 1 6 0 0
March 0 1 1 0 1 0 0
February 2 1 3 1 2 0 0
Trump administration began at noon EST on January 20, 2017
January 21 66 87 2 55 0 30
Total 2017 70 167 237 19 181 0 37

See also

External links

Footnotes

  1. ↑ 1.0 1.1 Office of Management and Budget, "Office of Information and Regulatory Affairs," accessed July 18, 2017
  2. ↑ 2.0 2.1 Office of Management and Budget, "The Mission and Structure of the Office of Management and Budget," archived December 19, 2016
  3. ↑ Office of Management and Budget, "About OIRA," accessed July 19, 2017
  4. ↑ Federal Register, "Executive Order 12866," October 4, 1993
  5. ↑ 5.0 5.1 5.2 Center for Effective Government, "The Players in Rulemaking," accessed September 4, 2017
  6. ↑ Office of Information and Regulatory Affairs, "FAQ," accessed September 4, 2017
  7. ↑ 7.00 7.01 7.02 7.03 7.04 7.05 7.06 7.07 7.08 7.09 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 Office of Information and Regulatory Affairs, "Review Counts," accessed February 1, 2024 Cite error: Invalid <ref> tag; name "review" defined multiple times with different content Cite error: Invalid <ref> tag; name "review" defined multiple times with different content Cite error: Invalid <ref> tag; name "review" defined multiple times with different content Cite error: Invalid <ref> tag; name "review" defined multiple times with different content Cite error: Invalid <ref> tag; name "review" defined multiple times with different content Cite error: Invalid <ref> tag; name "review" defined multiple times with different content Cite error: Invalid <ref> tag; name "review" defined multiple times with different content Cite error: Invalid <ref> tag; name "review" defined multiple times with different content Cite error: Invalid <ref> tag; name "review" defined multiple times with different content Cite error: Invalid <ref> tag; name "review" defined multiple times with different content Cite error: Invalid <ref> tag; name "review" defined multiple times with different content Cite error: Invalid <ref> tag; name "review" defined multiple times with different content Cite error: Invalid <ref> tag; name "review" defined multiple times with different content Cite error: Invalid <ref> tag; name "review" defined multiple times with different content Cite error: Invalid <ref> tag; name "review" defined multiple times with different content Cite error: Invalid <ref> tag; name "review" defined multiple times with different content
  8. ↑ Office of Information and Regulatory Affairs, "Regulatory Review Dashboard," accessed March 3, 2025
  9. ↑ Office of Information and Regulatory Affairs, "Regulatory Review Dashboard," accessed January 2, 2025
  10. ↑ Federal Register, "Modernizing Regulatory Review," April 11, 2023
  11. ↑ Office of Information and Regulatory Affairs, "Regulatory Review Dashboard," accessed January 23, 2023
  12. ↑ Office of Information and Regulatory Affairs, "Regulatory Review Dashboard," accessed February 1, 2022
  13. ↑ Office of Information and Regulatory Affairs, "Regulatory Review Dashboard," accessed February 1, 2021
  14. ↑ Office of Information and Regulatory Affairs, "Regulatory Review Dashboard," accessed February 1, 2019
  15. ↑ Office of Information and Regulatory Affairs, "Regulatory Review Dashboard," accessed February 1, 2019
  16. ↑ Office of Information and Regulatory Affairs, "Regulatory Review Dashboard," accessed July 2, 2018
v • e
The Administrative State
MainThe Administrative State Project Badge.png
Pillars
Reporting
Laws
Administrative Procedure Act • Antiquities Act • Civil Service Reform Act • Clayton Antitrust Act • Communications Act of 1934 • Congressional Review Act • Electronic Freedom of Information Act • Federal Food, Drug, and Cosmetic Act of 1938 • Federal Housekeeping Statute • Federal Reserve Act • Federal Trade Commission Act of 1914 • Freedom of Information Act • Government in the Sunshine Act • Independent Offices Appropriations Act of 1952 • Information Quality Act • Interstate Commerce Act • National Labor Relations Act • Paperwork Reduction Act • Pendleton Act • Privacy Act of 1974 • Regulatory Flexibility Act • REINS Act • REINS Act (Wisconsin) • Securities Act of 1933 • Securities Exchange Act of 1934 • Sherman Antitrust Act • Small Business Regulatory Enforcement Fairness Act • Truth in Regulating Act • Unfunded Mandates Reform Act
Cases
Abbott Laboratories v. Gardner • A.L.A. Schechter Poultry Corp. v. United States • Association of Data Processing Service Organizations v. Camp • Auer v. Robbins • Chevron v. Natural Resources Defense Council • Citizens to Preserve Overton Park v. Volpe • Federal Trade Commission (FTC) v. Standard Oil Company of California • Field v. Clark • Food and Drug Administration v. Brown and Williamson Tobacco Corporation • Humphrey's Executor v. United States • Immigration and Naturalization Service (INS) v. Chadha • J.W. Hampton Jr. & Company v. United States • Lucia v. SEC • Marshall v. Barlow's • Massachusetts v. Environmental Protection Agency • Mistretta v. United States • National Federation of Independent Business (NFIB) v. Sebelius • National Labor Relations Board v. Noel Canning Company • National Labor Relations Board v. Sears, Roebuck & Co. • Panama Refining Co. v. Ryan • Securities and Exchange Commission v. Chenery Corporation • Skidmore v. Swift & Co. • United States v. Lopez • United States v. Western Pacific Railroad Co. • Universal Camera Corporation v. National Labor Relations Board • Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council • Wayman v. Southard • Weyerhaeuser Company v. United States Fish and Wildlife Service • Whitman v. American Trucking Associations • Wickard v. Filburn • Wiener v. United States
Terms
Adjudication (administrative state) • Administrative judge • Administrative law • Administrative law judge • Administrative state • Arbitrary-or-capricious test • Auer deference • Barrier to entry • Bootleggers and Baptists • Chevron deference (doctrine) • Civil servant • Civil service • Code of Federal Regulations • Codify (administrative state) • Comment period • Compliance costs • Congressional Record • Coordination (administrative state) • Deference (administrative state) • Direct and indirect costs (administrative state) • Enabling statute • Ex parte communication (administrative state) • Executive agency • Federal law • Federal Register • Federalism • Final rule • Formal rulemaking • Formalism (law) • Functionalism (law) • Guidance (administrative state) • Hybrid rulemaking • Incorporation by reference • Independent federal agency • Informal rulemaking • Joint resolution of disapproval (administrative state) • Major rule • Negotiated rulemaking • Nondelegation doctrine • OIRA prompt letter • Organic statute • Pragmatism (law) • Precautionary principle • Promulgate • Proposed rule • Publication rulemaking • Regulatory budget • Regulatory capture • Regulatory dark matter • Regulatory impact analysis • Regulatory policy officer • Regulatory reform officer • Regulatory review • Rent seeking • Retrospective regulatory review • Risk assessment (administrative state) • Rulemaking • Separation of powers • Significant regulatory action • Skidmore deference • Statutory authority • Substantive law and procedural law • Sue and settle • Sunset provision • Unified Agenda of Federal Regulatory and Deregulatory Actions • United States Code • United States Statutes at Large
Bibliography
Agencies
v • e
Ballotpedia
About
Editorial Content
Geoff Pallay, Director of Editorial Content and Editor-in-Chief • Ken Carbullido, Vice President of Election Product and Technology Strategy • Norm Leahy, Senior Editor • Daniel Anderson, Managing Editor • Ryan Byrne, Managing Editor • Cory Eucalitto, Managing Editor • Mandy Gillip, Managing Editor • Doug Kronaizl, Local Elections Project Manager • Jaclyn Beran • Marielle Bricker • Joseph Brusgard • Emma Burlingame • Kelly Coyle • Thomas Ellis • Frank Festa • Nicole Fisher • Brianna Hosea • Joseph Greaney • Thomas Grobben • Jaime Healy-Plotkin • Tyler King • Glorie Martinez • Nathan Maxwell • Ellie Mikus • Jackie Mitchell • Ellen Morrissey • Mackenzie Murphy • Kaley Platek • Samantha Post • Adam Powell • Ethan Rice • Spencer Richardson • Victoria Rose • Briana Ryan • Myj Saintyl • Maddy Salucka • Maddie Sinclair Johnson • Abbey Smith • Alexis Thacker • Janie Valentine • Joel Williams • Samuel Wonacott • Trenton Woodcox
Retrieved from "https://ballotpedia.org/wiki/index.php?title=Completed_OIRA_review_of_federal_administrative_agency_rules&oldid=10301999"