Because neither the Task Force nor OMB met the definition of agency under CRA when issuing and approving the Guidance, the Guidance is not subject to the submission requirement of CRA. We also conclude OMB stepped into the shoes of the President and exercised his delegated discretionary authority when approving the Guidance, meaning OMB was not acting as an agency under CRA. We conclude the Task Force is not an agency under CRA because it does not wield substantial authority independent from the President. The Congressional Review Act (CRA) requires that before a rule can take effect, an agency must submit the rule to both the House of Representatives and the Senate as well as the Comptroller General, and provides procedures for congressional review where Congress may disapprove of rules. We also conclude OMB stepped into the shoes of the President and exercised his delegated discretionary authority when approving the Guidance, meaning OMB was not acting as an agency under CRA. The Guidance details steps contractors should take to prevent the spread of COVID-19, including a requirement for contractor employees to be vaccinated by a specific date. The Safer Federal Workforce Task Force (Task Force), with the approval of the Office of Management and Budget (OMB), issued a document entitled COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Guidance).
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