Statement # 18, “Improving the Timeliness of OIRA Regulatory Review,” highlights potential mechanisms for improving review times of rules under review by the Office of Information and Regulatory Affairs (OIRA), including promoting enhanced coordination between OIRA and agencies prior to the submission of rules, encouraging increased transparency concerning the reasons for delayed reviews, and ensuring that OIRA...
Improving the Timeliness of OIRA Regulatory Review
Project Stages:1. Gather ideas - Completed
2. Select ideas - Completed
3. Council approval - Completed
4. Picking a researcher - Completed
5. Committee consideration - Completed
6. Back to the council - Completed
7. Consideration by the full conference - Completed
8. Implementation - Current
Background Information: In order to ensure that the Office of Information and Regulatory Affairs' (OIRA) review of rules proceeds in a timely manner, EO 12,866 generally requires OIRA to “waive review or notify the agency in writing of the results of its review” within 90 calendar days following submission. The executive order also provides that the review process may be extended “(1) once by no more than 30 calendar days upon the written approval of the Director and (2) at the request of the agency head.” Historically, OIRA has completed most of its reviews of agency rules well within the 90-day time limit (with an average review time of 51 days from 1994 to 2011). Since 2011, however, average OIRA review completion times have trended significantly upward (to 79 days in 2012 and 140 days in the first half of 2013). This project studies the OIRA review process to ascertain the reasons for the lengthy reviews that have occurred recently and to highlight principles designed to return review times to historical averages.