Non-Binding Legal Effect of Agency Guidance Documents
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Serial Number
106-1009.H
Levin Center Identifier
Document Date
2000-10-26
Report Length
633 pages
Policy Agendas Project Major Code
Policy Agendas Project Minor Code
Additional, Minority, Dissenting Views
Additional views
Minority views
Minority views
Report Type
Found Using Methodology
Yes
Committee(s)
Commission(s)
Idependent Author(s)
Brief Executive Summary
The Subcommittee on National Economic Growth, Natural Resources, and Regulatory Affairs of the House Committee on Government Reform investigated the legal protections provided to the public in order to prevent agencies from issuing documents that bind the public without giving them an opportunity to participate in the policy-making process. The Congressional Review Act(CRA) was created to oversee agency legislative rules and guidance documents to improve protections for the public, but it was discovered that the Office of Management and Budget failed to provide sufficient guidance to the Federal agencies for implementation of the CRA. As a result, the Committee found widespread agency confusion about the CRA and improper use of guidance documents as a backdoor way to bypass agency rulemaking requirements.
Press Releases and Contextual Information
Related Hearings
House Committee on Government Reform, Subcommittee on National Economic Growth, Natural Resources, and Regulatory Affairs, hearing on "Non-Codified Documents is the Department of Labor Regulating the Public Through the Backdoor?" 106th Cong., H.Hrg. 106-171, (2000, February 15)