Editor’s Note: See also, FEDERAL RULEMAKING: OMB Should Work with Agencies to Improve Congressional Review Act Compliance during and at the End of Presidents’ Terms.
From: US General Accountability Office
Statement of Kris Nguyen, Acting Director Strategic Issues
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What GAO Recommends
In the April 2015 report on regulatory guidance, GAO made eleven recommendations to USDA, Education, HHS, and DOL to ensure adherence to OMB requirements and applicable elements of internal controls. Three of these recommendations to HHS remain open: 1) to develop written procedures for the approval of significant guidance, 2) strengthen application of internal controls over guidance processes, and 3) improve its website.
In the March 2018 report on rulemaking at the end of presidents’ terms, GAO recommended OMB, as part of its regulatory review process, identify economically significant regulations at risk of not complying with the CRA and work with agencies to ensure compliance. OMB staff did not agree or disagree with the recommendation. [Emphasis added]