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<classification authority="sudocs">GA 1.13:GGD-98-31</classification>
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 <title>Regulatory Reform: Changes Made to Agencies&apos; Rules Are Not Always Clearly Documented</title>
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<abstract>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&apos;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&apos;s review.&lt;p/&gt;GAO noted that: (1) EPA, DOT, HUD, and OSHA had complete documentation
available to the public of all of the substantive changes made to their
rules between the draft submitted to OIRA and the actions subsequently
announced for about 26 percent of the 122 regulatory actions that GAO
reviewed; (2) for about 30 percent of the regulatory actions, the
agencies had some documentation available to the public indicating that
changes had been made to the rules while at OIRA, but the information
did not indicate whether all such changes had been documented; (3) for
the remaining 44 percent of the regulatory actions, the agencies had no
documentation available to the public of changes made during OIRA&apos;s
review; (4) because Executive Order 12866 does not specifically require
agencies to document that no changes were made to rules while they were
under review at OIRA, the absence of documentation does not necessarily
mean that the agencies were not complying with the order; (5) however,
it was unclear whether the absence of documentation meant that no
changes had been made to the rules or whether changes had been made but
they had not been recorded; (6) the agencies had complete documentation
available to the public of all of the changes that OIRA had suggested or
recommended for about 24 percent of the 122 regulatory actions; (7) for
about 17 percent of the regulatory actions, the agencies had some
documentation available to the public indicating that OIRA had suggested
changes to the rules, but the information did not indicate whether all
such changes had been documented; (8) for the remaining 59 percent of
the actions, the agencies had no documentation available to the public
indicating whether changes had been made at the suggestion or
recommendation of OIRA; (9) for some of these actions, the agencies had
documentation available indicating that changes had been made to the
rules during the rulemaking process, but it was unclear whether any of
the changes were at OIRA&apos;s suggestion; (10) even those rules for which
the agencies had complete documentation of all changes made while they
were at OIRA and at the suggestion of OIRA, the documents were not
always available to the public or easy to locate; and (11) GAO could not
identify all of the documents that had been exchanged between the
agencies and OIRA during the regulatory review process, so it could not
be determined whether OIRA had made all such documents available to the
public.</abstract>
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<identifier type="preferred citation">GAO/GGD-98-31</identifier>
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<note>Letter Report</note>
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 <topic>Reporting requirements</topic>
 <topic>Proposed legislation</topic>
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