Technical Reform of the Congressional Review Act

Recommendation 2021-8, Technical Reform of the Congressional Review Act – offers technical reforms of the Congressional Review Act (CRA) to clarify certain of its procedural aspects and reduce administrative burdens on executive-branch agencies and congressional offices. Specifically, it recommends (1) requiring electronic rather than paper submission of the materials agencies must transmit to Congress, (2) making it easier to ascertain key dates and time periods relevant to review of agency rules under the CRA, and (3) formalizing the procedure by which members of Congress initiate congressional review of rules that agencies conclude are not covered by the CRA. 

Citation: Admin. Conf. of the U.S., Recommendation 2021-8, Technical Reform of the Congressional Review Act, 87 Fed. Reg. 1719 (Jan. 12, 2022).

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Final Recommendation

  • Recommendation number: 2021-8
  • Adopted on: December 16, 2021
  • Committees: Rulemaking
Executive Summary

The Congressional Review Act (CRA) provides an expedited legislative process for overturning rules promulgated by federal agencies. This Recommendation suggests technical statutory amendments to streamline and clarify the process for submitting rules to Congress under the CRA and to reduce administrative burdens on both executive-branch agencies and congressional offices. Among other things, it recommends:

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Project Documents

Name Committee Type Date
Agenda for Rulemaking Committee Meeting 11.4.21 (Technical Reform of the Congressional Review Act, meeting #2) Rulemaking Agenda November 2, 2021 Download
Agenda for Rulemaking Committee Meeting 10.21.21 (Technical Reform of the Congressional Review Act, meeting #1) Rulemaking Agenda October 20, 2021 Download
Comment from Government Member Helen Serassio Rulemaking Member Comment December 10, 2021 Download
Comment from Alan Morrison Rulemaking Member Comment December 6, 2021 Download
Public Comment from Professor Adam Finkel Rulemaking Public Comment November 3, 2021 Download
Technical Reform of the Congressional Review Act Rulemaking Recommendation December 31, 2021 Download
Technical Reform of the Congressional Review Act Proposed Recommendation for Plenary Session REDLINE Rulemaking Recommendation December 10, 2021 Download
Technical Reform of the Congressional Review Act Proposed Recommendation for Plenary Session CLEAN Rulemaking Recommendation December 1, 2021 Download
Proposed Recommendation from Committee - Technical Reform of the Congressional Review Act Rulemaking Recommendation November 22, 2021 Download
Revised Draft Recommendation for Technical Reform of the Congressional Review Act Rulemaking Recommendation November 2, 2021 Download
Draft Recommendation for Technical Reform of the Congressional Review Act Rulemaking Recommendation October 20, 2021 Download
Final Report on Technical Reform of the Congressional Review Act Rulemaking Report November 30, 2021 Download
Technical Reform of the Congressional Review Act (draft report) Rulemaking Report October 15, 2021 Download
Technical Reform of the Congressional Review Act RFP June 25, 2021 Download

Committee Meetings & Events