The GAO should study the feasibility and effectiveness of a Congressional Office on Regulatory Rules, and a Congressional Office of Legal Counsel.
Rather than delegate rulemaking power to the executive branch, Congress should consider employing policy experts to draft, or provide drafting guidance on regulatory rules for implementing the laws Congress passes. This office would serve as a counterpart to similar offices in the executive and judicial branches and would be responsible for issuing legal opinions that support Congress and answer Department of Justice opinions that conflict with congressional intent. Such an office could be housed in the House’s Office of General Counsel or the Congressional Research Service.
While the Committee considered recommending the full implementation of a Congressional Office on Regulatory Rules and a Congressional Office of Legal Counsel, questions on jurisdiction, logistics, and cost arose during Member discussions. Thus, the Committee recommends an initial study to determine the feasibility of these nonpartisan resources.