Regulatory Reform: Changes Made to Agencies' Rules Are Not Always Clearly Documented
Highlights
Pursuant to a congressional request, GAO reviewed the regulatory review process, focusing on the Office of Information and Regulatory Affairs (OIRA) and four regulatory agencies, the Department of Housing and Urban Development (HUD) and Department of Transportation (DOT), the Department of Labor's Occupational Safety and Health Administration (OSHA), and the Environmental Protection Agency (EPA), and on whether: (1) the regulatory agencies had identified for the public the substantive changes made to their regulations between the draft they submitted to OIRA and the regulatory actions they subsequently announced; (2) the regulatory agencies identified for the public the changes made to their regulations at the suggestion or recommendation of OIRA; and (3) OIRA had made available to the public all documents exchanged between OIRA and the selected agencies during OIRA's review.
Recommendations
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Office of Information and Regulatory Affairs | The Administrator, OIRA, should provide the agencies with guidance on how to implement Executive Order 12866 transparency requirements. The guidance should require agencies to include a single document in the public docket for each regulatory action that: (1) identifies all substantive changes made during OIRA's review and at the suggestion or recommendation of OIRA; or (2) states that no changes were made during OIRA's review or at OIRA's suggestion or recommendation. The guidance should also indicate that agencies should document changes made at OIRA's suggestion whenever they occur, not just during the period of OIRA's formal review. Finally, the guidance should point to best practices in some agencies to suggest how other agencies can organize their dockets to best facilitate public access and disclosure. |
Closed – Not Implemented
As indicated in the report, the Administrator of OIRA had concerns about the recommendation. Specifically, she stated that it is not the role of OMB to advise other agencies on general matters of administrative practice. She considered that the organization of agency rulemaking dockets--what material is included; when is it included; how is it organized--is an issue covered by administrative law and regulatory practice. GAO pointed to specific requirements placed on the agency in Executive Order 12866 that seem to run counter to the Administrator's position that it is not OMB's role to advise agencies on matters of administrative practice. Therefore, GAO retained the recommendation. However, OMB still adheres to the Administrator's position and does not intend to take action on the recommendation.
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