Author

Molly Byrne

Molly Byrne is a staff writer at Ballotpedia. Contact us at editor@ballotpedia.org.

OIRA reviewed 37 significant rules in November

In November 2022, the White House Office of Information and Regulatory Affairs (OIRA) reviewed 37 significant regulatory actions issued by federal agencies. OIRA approved two of these rules with no changes and approved the intent of 34 rules while recommending changes to their content. One rule was subject to a statutory or judicial deadline.

OIRA reviewed 41 significant regulatory actions in November 2021, 58 significant regulatory actions in November 2020, 46 significant regulatory actions in November 2019, 36 significant regulatory actions in November 2018, and 15 significant regulatory actions in November 2017.

OIRA has reviewed a total of 440 significant rules in 2022. The agency reviewed a total of 502 significant rules in 2021, 676 significant rules in 2020, 475 significant rules in 2019, 355 significant rules in 2018, and 237 significant rules in 2017.

As of December 1, 2022, OIRA’s website listed 98 regulatory actions under review.

​​OIRA is responsible for reviewing and coordinating what it deems to be all significant regulatory actions made by federal agencies, with the exception of independent federal agencies. Significant regulatory actions include agency rules that have had or may have a large impact on the economy, environment, public health, or state and local governments and communities. These regulatory actions may also conflict with other regulations or with the priorities of the president.

OIRA: https://ballotpedia.org/U.S._Office_of_Information_and_Regulatory_Affairs



Federal Register weekly update: Highest weekly significant document total so far in 2022

Photo of the White House in Washington, D.C.

The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s regulatory activity, accounting for both regulatory and deregulatory actions.

From November 28 through December 2, the Federal Register grew by 1,430 pages for a year-to-date total of 74,288 pages.

The Federal Register hit an all-time high of 95,894 pages in 2016.

This week’s Federal Register featured the following 540 documents:

  1. 391 notices
  2. Two presidential documents
  3. 49 proposed rules
  4. 98 final rules

Eleven proposed rules, including a request for input on ways to strengthen cybersecurity in the pipeline and rail sectors from the Transportation Security Administration, and seven final rules, including amendments to regulations for the Rural Broadband Program from the Rural Utilities Service were deemed significant under E.O. 12866—defined by the potential to have large impacts on the economy, environment, public health, or state or local governments. Significant actions may also conflict with presidential priorities or other agency rules. The Biden administration has issued 217 significant proposed rules, 235 significant final rules, and four significant notices as of December 2.

Ballotpedia maintains page counts and other information about the Federal Register as part of its Administrative State Project. The project is a neutral, nonpartisan encyclopedic resource that defines and analyzes the administrative state, including its philosophical origins, legal and judicial precedents, and scholarly examinations of its consequences. The project also monitors and reports on measures of federal government activity.

Additional reading:

Click here to find yearly information about additions to the Federal Register from 1936 to 2019: https://ballotpedia.org/Historical_additions_to_the_Federal_Register,_1936-2019



Georgia moves forward with plan to implement work requirements for Medicaid coverage

Georgia Governor Brian Kemp (R) announced that the state will begin a work-for-Medicaid program, called Georgia Pathways, in July 2023. The program will require low-income individuals to complete 80 hours of work or volunteering in order to qualify for Medicaid coverage. 

The program was first proposed and approved during the Trump administration, along with several other states that received approval to establish work requirements for Medicaid coverage. The Biden administration revoked approval of all state work requirements for Medicaid in 2021. Georgia sued the federal government, arguing that the Centers for Medicare and Medicaid Services (CMS) did not have the constitutional authority to block the program. The U.S. District Court for the Southern District of Georgia ruled in favor of Georgia on August 19, 2022, which authorized the state to move forward with the implementation of the program. The Biden administration has not appealed the district court’s decision as of November 22, 2022.   

Proponents argue that the program will aid in expanding Medicaid by making individuals who meet the work requirements eligible for coverage. Andrew Isenhour, a spokesperson for the governor, said, “It is important to note that we are only adding people to the Medicaid rolls with this program. Georgia Pathways will expand Medicaid to otherwise ineligible Georgians who satisfy the work, job training, education or volunteer requirements,” according to Clayton News Daily

Opponents of the program argue that the work requirement will create barriers for people who are low-income. The executive director of Georgians for a Healthy Future, Laura Colbert, said, “Full-time caregivers, people with mental health conditions or substance use disorders, and people unable to work but who have not yet qualified for disability coverage would find it hard to qualify,” according to The Atlanta Journal-Constitution. 



Republican attorneys general file petition to repeal vaccine mandate for healthcare workers

Twenty-two attorneys general filed a petition on November 17, 2022, requesting the Biden administration to repeal the vaccine mandate for healthcare workers. The Centers for Medicare and Medicaid Services (CMS) issued an interim final rule on November 5, 2021, requiring healthcare workers to receive the COVID-19 vaccine. The interim rule aimed to “protect the health and safety of residents, clients, patients, PACE participants, and staff, and reflect lessons learned to date as a result of the COVID-19 public health emergency,” according to the rule.  

The attorneys general argued that the vaccine mandate violates states’ sovereignty and will lead states to “lose frontline healthcare workers, providers, suppliers, and services, and America’s most vulnerable populations will lose access to necessary medical care,” according to the petition. The petition requests the U.S. Department of Health and Human Services and CMS to repeal the interim final rule and related guidance.  

Montana Attorney General Austin Knudsen (R), who led the coalition of state officials, released a statement arguing, “The Biden administration relied on a purported emergency to sidestep its normal requirements and rush through its flagrantly unconstitutional mandate. But evidence available at that time, and evidence that has emerged since, demonstrates that full vaccination doesn’t prevent infection or transmission. Breakthrough infections are common, and studies increasingly show heightened health risks associated with the vaccines.”

The petition was filed by attorneys general from Alabama, Alaska, Arizona, Arkansas, Florida, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, and Wyoming. 

CMS and the Department of Health and Human Services had not issued a response to the petition as of November 18, 2022. 

Additional reading:



Federal Register weekly update: 541 documents added

The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s regulatory activity, accounting for both regulatory and deregulatory actions.

From November 21 through November 25, the Federal Register grew by 2,158 pages for a year-to-date total of 72,858 pages.

The Federal Register hit an all-time high of 95,894 pages in 2016.

This week’s Federal Register featured the following 541 documents:

  • 451 notices
  • Four presidential documents
  • 29 proposed rules
  • 57 final rules

Four proposed rules, including amendments to the Voluntary Fiduciary Correction Program under the Employee Retirement Income Security Act of 1974 from the Employee Benefits Security Administration, and nine final rules, including emission standards and test procedures for certain classes of aircraft engines from the Environmental Protection Agency were deemed significant under E.O. 12866—defined by the potential to have large impacts on the economy, environment, public health, or state or local governments. Significant actions may also conflict with presidential priorities or other agency rules. The Biden administration has issued 206 significant proposed rules, 228 significant final rules, and four significant notices as of November 25.

Ballotpedia maintains page counts and other information about the Federal Register as part of its Administrative State Project. The project is a neutral, nonpartisan encyclopedic resource that defines and analyzes the administrative state, including its philosophical origins, legal and judicial precedents, and scholarly examinations of its consequences. The project also monitors and reports on measures of federal government activity.

Additional reading:



Federal Register weekly update: More than 20,000 notices issued so far in 2022

Image of the south facade of the White House.

The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s regulatory activity, accounting for both regulatory and deregulatory actions.

From November 14 through November 18, the Federal Register grew by 2,682 pages for a year-to-date total of 70,700 pages.

The Federal Register hit an all-time high of 95,894 pages in 2016.

This week’s Federal Register featured the following 592 documents:

  1. 469 notices
  2. Five presidential documents
  3. 41 proposed rules
  4. 77 final rules

Seven proposed rules, including revisions to natural disaster procedures from the Engineers Corps, and six final rules, including amendments to regulations under the Privacy Act of 1974 from the Homeland Security Department were deemed significant under E.O. 12866—defined by the potential to have large impacts on the economy, environment, public health, or state or local governments. Significant actions may also conflict with presidential priorities or other agency rules. The Biden administration has issued 202 significant proposed rules, 219 significant final rules, and four significant notices as of November 18.

Ballotpedia maintains page counts and other information about the Federal Register as part of its Administrative State Project. The project is a neutral, nonpartisan encyclopedic resource that defines and analyzes the administrative state, including its philosophical origins, legal and judicial precedents, and scholarly examinations of its consequences. The project also monitors and reports on measures of federal government activity.

Additional reading:

Click here to find yearly information about additions to the Federal Register from 1936 to 2019: https://ballotpedia.org/Historical_additions_to_the_Federal_Register,_1936-2019



Federal Register weekly update: 480 documents added

The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s regulatory activity, accounting for both regulatory and deregulatory actions.

From November 4 through November 11, the Federal Register grew by 1,084 pages for a year-to-date total of 68,018 pages.

The Federal Register hit an all-time high of 95,894 pages in 2016.

This week’s Federal Register featured the following 480 documents:

  1. 397 notices
  2. Five presidential documents
  3. 40 proposed rules
  4. 38 final rules

Three proposed rules, including a proposal to lift the moratorium on licensing Small Business Lending Companies and remove the Loan Authorization requirement from the Small Business Administration, and two final rules, including revisions to the End-Stage Renal Disease Prospective Payment System for calendar year 2023 from the Centers for Medicare and Medicaid Services were deemed significant under E.O. 12866—defined by the potential to have large impacts on the economy, environment, public health, or state or local governments. Significant actions may also conflict with presidential priorities or other agency rules. The Biden administration has issued 195 significant proposed rules, 213 significant final rules, and four significant notices as of November 11.

Ballotpedia maintains page counts and other information about the Federal Register as part of its Administrative State Project. The project is a neutral, nonpartisan encyclopedic resource that defines and analyzes the administrative state, including its philosophical origins, legal and judicial precedents, and scholarly examinations of its consequences. The project also monitors and reports on measures of federal government activity.

Additional reading:

Click here to find yearly information about additions to the Federal Register from 1936 to 2019: https://ballotpedia.org/Historical_additions_to_the_Federal_Register,_1936-2019



OIRA reviewed 43 significant rules in October

Photo of the White House in Washington, D.C.

In October 2022, the White House Office of Information and Regulatory Affairs (OIRA) reviewed 43 significant regulatory actions issued by federal agencies. OIRA approved five of these rules with no changes and approved the intent of 35 rules while recommending changes to their content. Three rules were withdrawn from the review process by the issuing agency.

OIRA reviewed 42 significant regulatory actions in October 2021, 53 significant regulatory actions in October 2020, 45 significant regulatory actions in October 2019, 43 significant regulatory actions in October 2018, and 25 significant regulatory actions in October 2017.

OIRA has reviewed a total of 393 significant rules in 2022. The agency reviewed a total of 502 significant rules in 2021, 676 significant rules in 2020, 475 significant rules in 2019, 355 significant rules in 2018, and 237 significant rules in 2017.

As of November 1, 2022, OIRA’s website listed 116 regulatory actions under review.

​​OIRA is responsible for reviewing and coordinating what it deems to be all significant regulatory actions made by federal agencies, with the exception of independent federal agencies. Significant regulatory actions include agency rules that have had or may have a large impact on the economy, environment, public health, or state and local governments and communities. These regulatory actions may also conflict with other regulations or with the priorities of the president.

OIRA: https://ballotpedia.org/U.S._Office_of_Information_and_Regulatory_Affairs 



Federal Register weekly update: More than 400 significant documents issued so far in 2022

The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s regulatory activity, accounting for both regulatory and deregulatory actions.

From October 31 through November 4, the Federal Register grew by 1,416 pages for a year-to-date total of 66,934 pages.

The Federal Register hit an all-time high of 95,894 pages in 2016.

This week’s Federal Register featured the following 545 documents:

  1. 441 notices
  2. 11 presidential documents
  3. 37 proposed rules
  4. 56 final rules

Six proposed rules, including an amendment to the color additive regulation to increase the certification services fee from the Food and Drug Administration, and five final rules, including amendments to regulations regarding the William D. Ford Federal Direct Loan Program, the Federal Perkins Loan, and the Federal Family Education Loan Program from the Education Department were deemed significant under E.O. 12866—defined by the potential to have large impacts on the economy, environment, public health, or state or local governments. Significant actions may also conflict with presidential priorities or other agency rules. The Biden administration has issued 192 significant proposed rules, 211 significant final rules, and four significant notices as of November 4.

Ballotpedia maintains page counts and other information about the Federal Register as part of its Administrative State Project. The project is a neutral, nonpartisan encyclopedic resource that defines and analyzes the administrative state, including its philosophical origins, legal and judicial precedents, and scholarly examinations of its consequences. The project also monitors and reports on measures of federal government activity.

Additional reading:

Click here to find yearly information about additions to the Federal Register from 1936 to 2019: https://ballotpedia.org/Historical_additions_to_the_Federal_Register,_1936-2019



Federal Register weekly update: Tops 65,000 pages

The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s regulatory activity, accounting for both regulatory and deregulatory actions.

From October 24 through October 28, the Federal Register grew by 1,370 pages for a year-to-date total of 65,518 pages.

The Federal Register hit an all-time high of 95,894 pages in 2016.

This week’s Federal Register featured the following 575 documents:

  1. 487 notices
  2. Four presidential documents
  3. 36 proposed rules
  4. 48 final rules

Two proposed rules, including a public hearing on minimum safety requirements for the size of train crews from the Federal Railroad Administration, and five final rules, including amendments to regulations for Federal Pell Grants for prison education programs from the Education Department were deemed significant under E.O. 12866—defined by the potential to have large impacts on the economy, environment, public health, or state or local governments. Significant actions may also conflict with presidential priorities or other agency rules. The Biden administration has issued 186 significant proposed rules, 206 significant final rules, and four significant notices as of October 28.

Ballotpedia maintains page counts and other information about the Federal Register as part of its Administrative State Project. The project is a neutral, nonpartisan encyclopedic resource that defines and analyzes the administrative state, including its philosophical origins, legal and judicial precedents, and scholarly examinations of its consequences. The project also monitors and reports on measures of federal government activity.

Additional reading:

Click here to find yearly information about additions to the Federal Register from 1936 to 2019:https://ballotpedia.org/Historical_additions_to_the_Federal_Register,_1936-2019