Regulatory Burden: Some Agencies' Claims Regarding Lack of Rulemaking Discretion Have Merit

Pursuant to a congressional request, GAO reviewed federal agencies' assertions that certain private-sector regulatory concerns were, at least in part, attributable to underlying statutes, focusing on: (1) the amount of discretion the underlying statutes gave the rulemaking agencies in developing the regulatory requirements that the agencies had said were attributable to the underlying statutes; (2) whether the regulatory requirements at issue were within the authority granted by the underlying statutes; and (3) whether the rulemaking agencies could have developed regulatory approaches that would have been less burdensome to the regulated entities while still meeting the underlying statutory requirements.