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The GAO also held that even if the waivers were rules, they would fall under one of the CRA’s exceptions.

The Senate has long deferred to the GAO’s determinations on this topic.

In March, the GAO reiterated that the waivers are not subject to CRA repeal.

Over the last two months, two independent offices — the Senate parliamentarian and the Government Accountability Office, or GAO — have found that California’s waiver authority is not subject to review under the Congressional Review Act.

California’s waiver, the GAO said, is “not a rule” under the law, noting that the matter had been reviewed multiple times over the last 60 years.