Sheldon Whitehouse: “as my colleagues know, since 1996, the Congressional Review Act, 5 U.S.C. <greek-d><greek-d> 801-808, has provided an…”

“as my colleagues know, since 1996, the Congressional Review Act, 5 U.S.C. <greek-d><greek-d> 801-808, has provided an important tool for Congress to provide a check on certain Agency rules. Pursuant to the statute, the Government Accountability Office polices whether an Agency action is or is not a rule for purposes of the Congressional Review Act. Under that authority, in 2023, GAO decided that certain Environmental Protection Agency actions under the Clean Air Act relating to California's emission control standards were not a rule for purposes of the Congressional Review Act. Late last month, the Trump administration Environmental Protection Agency submitted three Biden administration actions as rules under the Congressional Review Act. These actions once again related to California's emission control standards. Along with my colleagues from California, Senators Padilla and Schiff, I wrote the GAO to confirm whether or not these three actions were rules for purposes of the Congressional Review Act. On Thursday came GAO's response. They are not. Referring back to its 2023 decision, GAO concluded that ``our prior analysis and conclusion in B-334309 that the Advanced Clean Car Program Waiver Notice was not a rule for purposes of CRA because it was an order under APA would apply to the three notices at issue here.'' To help complete the Senate's record of this matter, I ask unanimous consent that the text of GAO's letter be printed in the Record.…”