A surge in costly regulatory activity under the Biden Administration is likely to spur renewed interest in legislative proposals to reform the rulemaking process. In a new insight, Director of Regulatory Policy Dan Bosch reviews some of the likeliest reforms that may be considered in 2022 and beyond and considers their strengths and weaknesses.

Key points:

• The continued emergence of costly regulatory policies from the executive branch is likely to increase pressure on Congress to constrain agencies’ rulemaking authority.
• While reform is unlikely in the near term, past congressional proposals could provide models for future reform.
• Possible legislation could approach reform by updating the regulatory process to improve future rules, removing existing outdated and unnecessary regulations, and reasserting Congress’s authority over rulemaking.

Read the analysis