GAO’s recommendations database contains report recommendations that still need to be addressed.
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As of October 25, 2020, there are 4812 open recommendations, of which 473 are priority recommendations. Recommendations remain open until they are designated as Closed-implemented or Closed-not implemented.
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Recommendation: The Director of OMB should ensure that OMB's Office of Information and Regulatory Affairs staff, as part of the regulatory review process, examine the planned timeframes for implementing economically significant regulations or major rules and identify regulations that appear at potential risk of not complying with the Congressional Review Act's delay requirements and then work with the agencies to ensure compliance with these requirements (Recommendation 1).
Agency: Executive Office of the President: Office of Management and Budget Status: Open
Comments: In March 2020, OMB staff stated that they believe they have addressed the recommendation. They reiterated a statement made shortly before we issued our report that they already take steps to check agencies' compliance with the Congressional Review Act (CRA) during the regulatory review process. We published this statement in our report, but noted that OMB staff did not provide supporting documentation. Nor does the update we received in March 2020 provide supporting documentation and, thus, we cannot verify it. The update from OMB staff in March 2020 also refers to an April 2019 memorandum the Acting Director of OMB issued to the heads of executive agencies outlining updated guidance for complying with CRA. While the memorandum reminds agencies of the CRA requirement that they delay the effective date of a major rule to allow time for congressional review and following publication in the Federal Register, unless there is good cause to not delay the effective date, the Acting Director does not explain whether his office has made changes to the regulatory review process as we recommended. We will continue to monitor OMB's efforts to address our recommendation.
Recommendation: To better balance the benefits of expedited rulemaking procedures with the benefits of public comments that are typically part of regular notice-and-comment rulemakings, and improve the quality and transparency of rulemaking records, the Director of OMB, in consultation with the Chairman of Administrative Conference of the United States (ACUS), should issue guidance to encourage agencies to respond to comments on final major rules, for which the agency has discretion, that are issued without a prior notice of proposed rulemaking.
Agency: Executive Office of the President: Office of Management and Budget Status: Open
Comments: In a status update from OMB received on March 6, 2020, OMB stated that it agrees that agencies should respond to comments on final major rules, for which the agency has discretion, that are issued without a prior notice of proposed rulemaking. OMB says it will continue to prioritize this issue during review of regulations under EO 12866, and that it is currently considering whether additional guidance is appropriate and will consult with the staff of the Administrative Conference of the United States on this issue.
