Improving the Timeliness of OIRA Regulatory Review

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Improving the Timeliness of OIRA Regulatory Review in stage 8. Implementation

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
Stage:  
8. Implementation

Contacts

Committee Chair
Partner
Venable LLP
Committee Chair
Partner
Stinson Morrison Hecker LLP
Staff Counsel
202.480.2083
rbull@acus.gov
Staff Counsel
202.480.2098
folorunnipa@acus.gov
Consultant
Retired (Former Specialist in American Government at the Congressional Research Service)
Media
202.480.2091
mkindelan@acus.gov

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.

Final Recommendation

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...

Implementation

At its Plenary Session on December 5-6, 2013, the Administrative Conference adopted Statement # 18 on Improving the Timeliness of OIRA Regulatory Review.  The statement highlights potential mechanisms for improving review times for 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 has adequate staffing to complete reviews in a timely manner.

Project Documents

Name Committee Type Date
October 29, 2013 Committee Meeting Agenda Administration and Management, Regulation Agenda October 28, 2013 Download
Revesz Comment Administration and Management, Judicial Review, Regulation Member Comment December 3, 2013 Download
Dudley Comment on OIRA Project Administration and Management, Regulation Member Comment November 13, 2013 Download
Gary D. Bass Comment for OIRA Review Project Administration and Management, Regulation Member Comment November 12, 2013 Download
Strauss Comment for OIRA Project I Administration and Management, Regulation Member Comment November 4, 2013 Download
Strauss Comment for OIRA Project II Administration and Management, Regulation Member Comment November 4, 2013 Download
CEG Comment Administration and Management, Regulation Public Comment November 13, 2013 Download
IPI Comment II Administration and Management, Regulation Public Comment November 13, 2013 Download
Shapiro Comment Administration and Management, Regulation Public Comment November 13, 2013 Download
Sean Croston Comment for OIRA Review Project Administration and Management, Regulation Public Comment November 12, 2013 Download
Celia Wexler (UCS) Comment Administration and Management, Regulation Public Comment November 5, 2013 Download
CPR Comment Administration and Management, Regulation Public Comment November 5, 2013 Download
IPI Comment Administration and Management, Regulation Public Comment October 29, 2013 Download
Statement #18: Improving the Timeliness of OIRA Regulatory Review Administration and Management, Regulation Recommendation December 6, 2013 Download
OIRA Review Proposed Amendments Administration and Management, Regulation Recommendation December 3, 2013 Download
OIRA Review Redline of Revised Draft Statement Administration and Management, Regulation Recommendation November 12, 2013 Download
OIRA Review Revised Draft Statement Administration and Management, Regulation Recommendation November 12, 2013 Download
OIRA Review Draft Statement Administration and Management, Regulation Recommendation November 1, 2013 Download
OIRA Review Draft Statement Administration and Management, Regulation Recommendation October 21, 2013 Download
OIRA Review Report Administration and Management, Regulation Report December 3, 2013 Download

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