Federal Rulemaking Process

Regulations (rules) are the means by which agencies use to implement & further define requirements from 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 rule is reviewed/approved by agency.

Step Three: The Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget 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/approved by OIRA. **

Step Nine: Final rule is published in the Federal Register.

Step Ten: Rule 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.