The federal rulemaking process—where agencies propose regulations on pollution limits, food safety, and other areas—is a slow, often chaotic system. At its core lies the Office of Information and Regulatory Affairs (OIRA), a White House office responsible for reviewing proposed rules before implementation. For decades, however, its function has remained unclear, leaving agencies and the White House mired in disputes over deadlines, policy adjustments, and political priorities.
Delays in rulemaking extend beyond bureaucratic inefficiencies, carrying tangible consequences. A rule achieving 90% of its intended impact but finalized late may face judicial challenges or reversal through a Congressional Review Act resolution. The longer the delay, the weaker the rule’s final form becomes. In an administration with limited time, wasted months mean fewer policies reach the public.
OIRA’s current methods fail to address these delays effectively. Its primary role, coordinating between agencies and the White House, is frequently overshadowed by broader arguments over its existence or the necessity of cost-benefit analysis for every rule. These discussions, while relevant, divert attention from the core issue: no entity actively manages the rulemaking process. Agencies and White House staff spend months debating details while deadlines slip, conflicts persist, and priorities stall.
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How Biden’s OIRA fix sped up rulemaking
The Biden administration’s final two years demonstrated what happens when OIRA adopts a more proactive stance. OIRA actively pressed agencies to move up their timelines and hit deadlines, drove resolution of thorny disputes among agencies and White House policy councils, and enforced the resolution of those disputes to avoid decision-making churn. The difference lay in execution: OIRA did not merely review rules but actively advanced them.
This approach targeted the two primary obstacles in rulemaking: timelines and disputes. Agencies often request last-minute changes, White House offices demand revisions, and no single body holds anyone accountable. OIRA’s intervention did not eliminate policy debates but resolved stalemates. When conflicts arose, it broke deadlocks, ensuring rules either progressed or were explicitly abandoned rather than lingering in limbo.
No new laws needed, just clear authority
Unlike past proposals to dismantle OIRA or overhaul cost-benefit analysis, this solution requires no new legislation or funding. It demands only clear direction. A new administration could designate OIRA as the official process manager from the outset, granting it authority to set deadlines, prioritize rules, and resolve conflicts before they stall progress. Swift Senate confirmation of an OIRA administrator would allow this role to take effect immediately, cutting through the political and bureaucratic delays that hinder rulemaking today.
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This is not about bypassing public input or rushing rules to completion. It is about ensuring that when agencies and the White House agree on a policy, it is finalized. The alternative, endless revisions, missed deadlines, and rules that never materialize, leaves the public waiting while critical protections and standards remain incomplete.
The federal rulemaking process is not merely a bureaucratic obstacle but the foundation for policies shaping daily life. From workplace safety standards to clean air regulations, these rules determine how industries operate, how consumers are protected, and how public health is safeguarded. Yet the current system often fails to deliver protections in a timely manner, creating gaps that industries or political shifts can exploit. For example, delays in finalizing occupational exposure limits could mean years where workers face unnecessary health risks or where companies delay compliance until a new administration reverses the effort. The stakes are highest when rules address long-standing public health crises, such as lead exposure in drinking water or hazardous chemical use in consumer products.
