OMB Issues New CRA Guidance, Potentially Changing Relationship with Independent Agencies [May 21, 2019] [open pdf - 569KB]
From the Document: "On April 11, 2019, the acting director of the Office of Management and Budget (OMB) issued a memorandum to agencies on implementation of the Congressional Review Act (CRA). The memorandum discussed the types of agency actions covered by the CRA and, for some agencies, established a new process for determining whether rules are 'major' under the CRA. The most noteworthy effects of the memorandum are its apparent changes to rulemaking procedures for statutorily designated independent regulatory agencies, sometimes also referred to as independent regulatory commissions (IRCs). Depending on how the memorandum is implemented, those changes could be significant for two main reasons. First, the requirement for IRCs to submit rules to OMB before publication could alter the relationship between the President (through OMB) and those agencies, which were statutorily designed by Congress to be at least partially independent from presidential control. Second, the memorandum could be interpreted as a new requirement for some of those agencies to engage in cost-benefit analysis."
CRS Insight, IN11122
Congressional Research Service: https://crsreports.congress.gov/