Non-Binding Legal Effect of Agency Guidance Documents

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633 pages
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Additional, Minority, Dissenting Views
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Minority views
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Brief Executive Summary
The Committee on Government Reform investigated the legal protections provided for the public 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 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 the improper use of guidance documents as a backdoor way to bypass agency rulemaking requirements.
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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)
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Authors–Additional, Minority, Dissenting Views