	Statutory Rulemaking Requirements

Some of the statutory rulemaking requirements that Congress has enacted over the years apply to all agencies, but some of the requirements are applicable only to certain agencies. Some of these requirements have been in place for more than 50 years, but most have been implemented within the past 20 years or so. Under the RFA, independent and non-independent regulatory agencies must prepare an initial regulatory flexibility analysis at the time proposed rules are issued unless the head of the issuing agency determines that the proposed rule would not have a “significant economic impact upon a substantial number of small entities.” The regulatory flexibility analysis must include a description of, among other things, (1) the reasons why the regulatory action is being considered; (2) the small entities to which the proposed rule will apply and, where feasible, an estimate of their number; (3) the projected reporting, recordkeeping, and other compliance requirements of the proposed rule, and (4) any significant alternatives to the proposed rule that accomplish the statutory objectives and minimize any significant economic impact on small entities. The statute defined a “federal mandate” as not including conditions imposed as part of a voluntary federal program or as a condition of federal assistance. For example, we concluded that the Occupational Safety and Health Act gave OSHA no discretion in whether to hold companies (rather than individual employees) responsible for health and safety violations. Under the CRA, before a final rule can become effective it must be filed with Congress and GAO.
Why GAO Did This Study

This testimony discusses the procedural and analytical rulemaking requirements applicable to the Occupational Safety and Health Administration (OSHA) and other federal regulatory agencies.

What GAO Found

GAO found that the rulemaking requirements that have been placed on OSHA and other agencies are voluminous and require a wide range of procedural, consultative, and analytical actions on the part of the agencies. Federal agencies sometimes take years to develop final rules, and the requirements are not as effective as expected or as they could be. This lack of effectiveness can be traced to how the requirements have been implemented and the requirements themselves.