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).
The Congressional Review Act (CRA)[1] allows Congress to enact joint resolutions overturning rules issued by federal agencies. It also establishes special, fast-track procedures governing such resolutions. This Recommendation aims to address certain technical flaws in the Act and how it is presently administered.
The Hand-Delivery Requirement
The CRA provides that, before a rule can take effect, an agency must submit a...
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