To pass new rules and regulations most Federal agencies use the process of
Federal regulations help agencies achieve important public benefits, such as ensuring public health, but they can also impose significant costs. Congress and presidents have worked to enhance oversight of the federal rulemaking process to promote greater transparency and public participation, and to reduce regulatory burden. For example, recent administrations have directed agencies to identify rules that are obsolete or in need of revision. More recently, President Biden issued an Executive Order directing the Office of Management and Budget to recommend ways to improve and modernize the regulatory review process. The process for creating federal regulations generally has three main phases:
In practice, however, this process is often complex, requiring regulatory analysis, internal and interagency reviews, and opportunities for public comments. There are a number of ways to improve the transparency and effectiveness of this process. Image Improving transparency Transparency of the regulatory process is important—it helps the public better understand the rulemaking process and aids in congressional oversight. Regulatory transparency can be improved in a number of ways, including:
Promoting effective regulations Federal agencies need to ensure that they have effective processes to develop, review, disseminate, and evaluate their regulations, related guidance, and user fees. Some issues to consider include:
Image Recent Reports Federal Rulemaking: Selected EPA and HHS Regulatory Analyses Met Several Best Practices, but CMS Should Take Steps to Strengthen Its Analyses GAO-21-151 Published: Dec 17, 2020. Publicly Released: Jan 19, 2021. Federal Rulemaking: Information on Selected Agencies' Management of Public Comments GAO-20-383R Published: Apr 16, 2020. Publicly Released: May 18, 2020. Federal Rulemaking: Selected Agencies Should Clearly Communicate Practices Associated with Identity Information in the Public Comment Process GAO-19-483 Published: Jun 26, 2019. Publicly Released: Jul 26, 2019. Paperwork Reduction Act: Agencies Could Better Leverage Review Processes and Public Outreach to Improve Burden Estimates GAO-18-381 Published: Jul 11, 2018. Publicly Released: Aug 10, 2018. Federal Rulemaking: OMB Should Work with Agencies to Improve Congressional Review Act Compliance during and at the End of Presidents' Terms GAO-18-183 Published: Mar 13, 2018. Publicly Released: Mar 13, 2018. Federal Regulations: Key Considerations for Agency Design and Enforcement Decisions GAO-18-22 Published: Oct 19, 2017. Publicly Released: Nov 20, 2017. Regulatory Guidance Processes: Treasury and OMB Need to Reevaluate Long-standing Exemptions of Tax Regulations and Guidance GAO-16-720 Published: Sep 06, 2016. Publicly Released: Sep 06, 2016. Federal User Fees: Key Considerations for Designing and Implementing Regulatory Fees GAO-15-718 Published: Sep 16, 2015. Publicly Released: Sep 16, 2015. Regulatory Guidance Processes: Selected Departments Could Strengthen Internal Control and Dissemination Practices GAO-15-368 Published: Apr 16, 2015. Publicly Released: May 18, 2015. Federal Rulemaking: Agencies Included Key Elements of Cost-Benefit Analysis, but Explanations of Regulations' Significance Could Be More Transparent [Reissued on September 12, 2014] GAO-14-714 Published: Sep 11, 2014. Publicly Released: Sep 11, 2014. Reexamining Regulations: Agencies Often Made Regulatory Changes, but Could Strengthen Linkages to Performance Goals GAO-14-268 Published: Apr 11, 2014. Publicly Released: May 12, 2014. International Regulatory Cooperation: Agency Efforts Could Benefit from Increased Collaboration and Interagency Guidance GAO-13-588 Published: Jul 31, 2013. Publicly Released: Jul 31, 2013. Related Pages High Risk Programs and operations that are vulnerable to waste, fraud, abuse, or mismanagement, or in need of transformation. |