The Government Accountability Office has determined that the Department of Defense did not need to submit a report on its controversial reproductive healthcare policy to Congress or the comptroller general ahead of implementation.
DOD issued three memorandums in February in response to the Supreme Court's reversal of Roe v. Wade outlining how the department would respond in the post-Roe world. The department did not provide a report to Congress or the comptroller general at the time as required by the Congressional Review Act, though the GAO announced on Tuesday its determination that these rules are exempt from the requirement.
"The memoranda address matters such as leave and benefit policies, which deal with agency personnel," Edda Emmanuelli Perez, GAO's general counsel, said in the announcement."Therefore, while the memoranda meet the APA definition of rule, they fall within CRA’s second exception for rules relating to agency management or personnel. As such, they are not subject to the requirement that they be submitted to Congress or the Comptroller General before taking effect.
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