GAO Issues Opinions on Applicability of Congressional Review Act to Two Guidance Documents [October 25, 2017] [open pdf - 129KB]
"On October 19, 2017, the Government Accountability Office (GAO) released an opinion on the applicability of the Congressional Review Act (CRA) to a 2013 interagency guidance document on leveraged lending issued by the Office of the Comptroller of the Currency, the Federal Reserve Board of Governors, and the Federal Deposit Insurance Corporation. The opinion was issued in response to a letter written to GAO by Senator Pat Toomey. In the letter, Senator Toomey requested GAO's opinion as to whether the interagency guidance falls within the definition of 'rule' under the CRA. GAO's opinion concluded that the guidance does fall within the definition, and it is therefore subject to the requirements of the CRA. In addition, on October 23, 2017, GAO issued another opinion on whether another agency guidance document was subject to the CRA. The guidance document in question was a 2016 amendment to the Tongass Land and Resource Management Plan, which was issued by the Department of Agriculture. GAO's opinion on the land management plan was written in response to a request from Senator Lisa Murkowski inquiring whether GAO considered the document to be a 'rule' under the CRA. In its opinion, GAO concluded that the management plan does fall within the definition."
CRS Insight, IN10808
Federation of American Scientists: http://www.fas.org/sgp/crs/index.html