For Whom the Bell Tolls: The Midnight Regulation Phenomenon

The consequences of midnight regulations and other surges in regulatory activity

“…Brito and de Rugy (2008b) point out that OIRA's staffing level has remained relatively constant since 1993, so it may be reasonable to assume that OIRA's review capabilities have also remained constant. According to EO 12866, OIRA has 90 days to review submitted rules, which can be extended by 30 days at OIRA's request or indefinitely at the submitting agency's request (Office of Management and Budget 1993).…”

“…Thus, since the end of 1993 at least, OIRA should have reviewed a constant percentage-100%-of economically significant rules. Also, since 1993, OIRA's budget and number of employees have remained fairly constant in nominal terms (Brito and de Rugy 2008b), although OIRA has some ability to add temporary detailees from other agencies. It may therefore be reasonable to assume that the total number of rules that OIRA can review with the same degree of scrutiny in any given period has remained constant, if the average time required to review an economically significant rule and to review a significant rule has also remained relatively constant across time periods.…”

“…OIRA has a fairly constant operating budget and staff despite marked fluctuations in the number of rules it must review (Brito and de Rugy 2008b), although OIRA can add temporary detailees from other agencies to help with review. Thus, it seems possible that during periods of high rulemaking volume, OIRA spends less time reviewing each rule because it is overwhelmed by the workload.…”