Tag Archives: GAO

Reactions to the GAO Report Highlighting Flawed IRS Rulemaking Procedures

by Andy Grewal — Thursday, Sept. 15, 2016

At the request of Senator Hatch and other lawmakers, the Government Accountability Office recently released a report on various IRS guidance procedures.  The report’s title (“Treasury and OMB Need to Reevaluate Long-standing Exemptions of Tax Regulations and Guidance”) gives away its conclusion — the Treasury and OMB have not carefully considered why the government creates […]

Thoughts on GAO’s New Report on Guidance Documents

by Connor N. Raso — Tuesday, May 26, 2015

Agency use of guidance documents (defined here as agency rules issued as either interpretive rules or policy statements) has been hot topic in administrative law lately. The Supreme Court recently rejected a D.C. Circuit doctrine that was intended at least in part to deter agency abuse of guidance. Several justices have expressed an interest in reducing […]

Fixing the Risk Corridor Program

by Nicholas Bagley — Sunday, Oct. 5, 2014

Last week, the Government Accountability Office released a letter that sets up a potential congressional battle over the future of the risk corridor program. Contrary to how it’s been covered in the press, however, the letter is good news for HHS. It also suggests that the administration has been quite canny in its approach to […]