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Regulatory Reform: Procedural and Analytical Requirements in Federal Rulemaking

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Report Type Reports and Testimonies
Report Date June 8, 2000
Report No. T-GGD/OGC-00-157
Subject
Summary:

This testimony discusses reviews GAO has undertaken of agency compliance with procedural and analytical requirements in federal rulemaking. GAO's evaluations paint a mixed picture. Although its findings may not be representative of all rulemakings, in some cases, GAO found inadequate data, methodologies, or assumptions. In other cases, GAO found noncompliance with statutory requirements or executive orders. Some GAO reviews have helped to ensure better adherence to regulatory requirements. On the other hand, GAO's reviews sometimes did not disclose a failure to comply with rulemaking requirements but provided Congress with factual detail and a better understanding of the agencies' procedures and decision making. Other reviews established that the agencies were acting within allowable discretion to determine that some requirements were inapplicable or that the requirements themselves were narrowly tailored and had little effect on rulemaking. GAO also found instances in which regulations considered burdensome by the regulated community were required by the statute being implemented.

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