Tagfederal agency

OIRA reviewed 47 significant rules in July

By Molly Byrne
In Federal
August 4, 2022 at 5:40 PM

In July 2022, the White House Office of Information and Regulatory Affairs (OIRA) reviewed 47 significant regulatory actions issued by federal agencies. OIRA approved six of these rules with no changes and approved the intent of 40 rules while recommending changes to their content. One rule was withdrawn from the review process by the issuing agency.

OIRA reviewed 43 significant regulatory actions in July 2021, 73 significant regulatory actions in July 2020, 51 significant regulatory actions in July 2019, 36 significant regulatory actions in July 2018, and 19 significant regulatory actions in July 2017.

OIRA has reviewed a total of 260 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 August 1, 2022, OIRA’s website listed 105 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.

Every month, Ballotpedia compiles information about regulatory reviews conducted by OIRA. To view this project, visit: https://ballotpedia.org/Completed_OIRA_review_of_federal_administrative_agency_rules

Additional reading:

Office of Information and Regulatory Affairs



Texas sues Biden administration over guidance requiring abortions in medical emergencies

By James McAllister
In State
August 4, 2022 at 5:35 PM

Texas Attorney General Ken Paxton (R) sued the Biden administration July 14 after Department of Health and Human Services (HHS) Secretary Xavier Becerra released guidance July 11 requiring doctors to provide abortions in medical emergencies when “abortion is the stabilizing treatment necessary to resolve [the emergency] condition.” The guidance went on to say that “when a state law prohibits abortion and does not include an exception for the life and health of the pregnant person — or draws the exception more narrowly than EMTALA’s emergency medical condition definition — that state law is preempted.”

Paxton argued the guidance was too broad and that the Emergency Medical Treatment and Labor Act did not cover abortions. He said, “The Biden administration seeks to transform every emergency room in the country into a walk-in abortion clinic.”

Texas law prohibits all abortions unless a pregnancy “places the female at risk of death or poses a serious risk of substantial impairment of a major bodily function.”

The HHS guidance came after the U.S. Supreme Court decided Dobbs v. Jackson Women’s Health Organization on June 24, overturning Roe v. Wade (1973) and ruling there is no constitutional right to abortion. Dobbs returned most abortion policy decisions to the states.

For more information on Dobbs and its effect on abortion policy, click here. To learn more about state responses to federal mandates, click here.

Additional reading:

Dobbs v. Jackson Women’s Health Organization

Abortion regulations by state



Republican-led states sue Department of Agriculture over nondiscrimination school meal guidance

By Molly Byrne
In Federal
July 29, 2022 at 12:12 PM

Tennessee Attorney General Herbert Slatery (R), joined by 21 Republican attorneys general, filed a lawsuit on July 26, 2022, in the United States District Court for the Eastern District of Tennessee that aimed to overturn guidance from the Biden administration and the Department of Agriculture’s (USDA) Food and Nutrition Service. The guidance expanded Title IX to prohibit discrimination on the basis of sexual orientation and gender identity. The directive also compelled state and local agencies receiving federal funds from the Food and Nutrition Service, including the national school lunch program, to align with nondiscrimination policies. Twenty-two Republican-led states (Alabama, Alaska, Arizona, Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and West Virginia) joined in the lawsuit.

The attorneys general argued that the USDA’s directive exceeded statutory authority and violated the Administrative Procedure Act by enacting a legislative rule without providing an opportunity for public comment. They also contended that the guidance interfered with the states’ right to enact legislation. The directive for states to adopt such nondiscrimination policies in schools contradicts state law in several states.

Slatery argued, “This case is, yet again, about a federal agency trying to change law, which is Congress’ exclusive prerogative.” He added, “The USDA simply does not have that authority. We have successfully challenged the Biden Administration’s other attempts to rewrite law and we will challenge this as well,” according to The Associated Press.

Secretary of Agriculture Tom Vilsack released a statement in May regarding the USDA’s guidance, stating that, “USDA is committed to administering all its programs with equity and fairness, and serving those in need with the highest dignity. A key step in advancing these principles is rooting out discrimination in any form – including discrimination based on sexual orientation and gender identity.”

The Food and Nutrition Service and the Department of Agriculture had not responded to the lawsuit as of July 29, 2022. 

Additional reading:

Administrative Procedure Act

Herbert H. Slatery

U.S. Department of Agriculture



OIRA reviewed 38 significant rules in September

By Molly Byrne
In Federal
October 5, 2021 at 8:20 AM
Graphic with the five pillars of the

In September 2021, the White House Office of Information and Regulatory Affairs (OIRA) reviewed 38 significant regulatory actions issued by federal agencies. OIRA approved one of these rules with no changes and approved the intent of 35 rules while recommending changes to their content. Two rules were withdrawn from the review process by the issuing agencies.

OIRA reviewed 48 significant regulatory actions in September 2020, 42 significant regulatory actions in September 2019, 21 significant regulatory actions in September 2018, and 16 significant regulatory actions in September 2017. During the Obama administration from 2009-2016, OIRA reviewed an average of 45 significant regulatory actions each September.

OIRA has reviewed a total of 383 significant rules in 2021. The agency reviewed a total of 676 significant rules in 2020, 475 significant rules in 2019, 355 significant rules in 2018, and 237 significant rules in 2017.

As of October 1, 2021, OIRA’s website listed 89 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.

Every month, Ballotpedia compiles information about regulatory reviews conducted by OIRA. To view this project, click here.



Biden withdraws Chipman from consideration for ATF director

By Emily Aubert
In Federal
September 10, 2021 at 1:53 PM

President Joe Biden (D) announced on Sept. 9, 2021, that he was withdrawing David Chipman from consideration for director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

Chipman, a former ATF agent and senior policy advisor at Giffords, had been nominated in April 2021. The Senate Judiciary Committee declined to report on Chipman’s nomination favorably after it held hearings in May.

“We knew this wouldn’t be easy – there’s only been one Senate-confirmed ATF Director in the Bureau’s history – but I have spent my entire career working to combat the scourge of gun violence, and I remain deeply committed to that work,” Biden said. He did not name a new candidate for the position.

This is Biden’s second major nominee to withdraw. Neera Tanden, Biden’s pick for director of the Office of Management and Budget, withdrew in February following bipartisan opposition to her selection. Tanden currently serves in the Biden administration as a senior advisor to the president.

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OIRA reviewed 35 significant rules in May

By Caitlin Styrsky
In Federal
June 2, 2021 at 10:26 AM
Photo of the White House in Washington, D.C.

The White House Office of Information and Regulatory Affairs (OIRA) reviewed a total of 35 significant regulatory actions issued by federal agencies in May 2021. The agency approved five rules without changes and approved the intent of 30 rules while recommending changes to their content.

OIRA reviewed 56 significant regulatory actions in May 2020, 36 significant regulatory actions in May 2019, 22 significant regulatory actions in May 2018, and four significant regulatory actions in May 2017. During the Obama administration from 2009-2016, OIRA reviewed an average of 46 significant regulatory actions each May.

OIRA has reviewed a total of 233 significant rules in 2021. The agency reviewed a total of 676 significant rules in 2020, 475 significant rules in 2019, 355 significant rules in 2018, and 237 significant rules in 2017.

As of June 1, 2021, OIRA’s website listed 56 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.

Every month, Ballotpedia compiles information about regulatory reviews conducted by OIRA. To view this project, click here. 

Additional reading: