Federal Rulemaking Process

Federal Rulemaking Process

• Regulations (rules) are the means by which agencies use to implement and further define requirements form enacted statutes.
• Agencies receive their general authority to propose/issue rules under their jurisdiction from laws passed by Congress.

Basic Rulemaking Process*:

• Congress Passes Statute
• Step One: Agency creates draft proposed rule.
• Step Two: Draft proposed rules is reviewed/approved by agency.
• Step Three: The Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB) reviews the draft proposed rule.**
• Step Four: A notice of proposed rulemaking is published in the Federal Register as required by the Administrative Procedures Act (APA).
• Step Five: At least a 30 day public comment period is opened.
• Step Six: Agency reviews comments/drafts final rule.
• Step Seven: Agency approves final draft of the rule within the agency.
• Step Eight: Draft final rule is reviewed and approved by OIRA.**
• Step Nine: Final rule is published in the Federal Register.
• Step Ten: Rule is implemented.

* Maeve Carey *2013), "The Federal Rulemaking Process: An Overview," Congressional Research Service.

** OIRA is an office under the Office of Management and Budget that only reviews "significant" rules that pose economic effects or raise important policy issues.