Regulatory ‘Reform’ That Is Anything But

[Commentary] After decades of failed efforts to enact “regulatory reform” bills, Congress appears to be within a few votes of approving reform legislation that would strip Americans of important legal protections, induce regulatory sclerosis and subject agencies that enforce the nation’s laws and regulations to potentially endless litigation. This is not reform.

These bills would sabotage agency regulation with legislative monkey wrenches. Key compromises about agency power and procedures, worked out under the 1946 Administrative Procedure Act, would be discarded by these overwhelmingly anti-regulatory bills. And because they would be statutory changes, not mere presidential edicts, these changes would likely long outlive the Trump administration. Independent agencies like the Federal Communications Commission, the Securities and Exchange Commission and the Consumer Product Safety Commission, long protected from direct presidential control, would now be subject to this bill’s requirements and oversight by the information and regulatory affairs office.

[Buzbee is a professor at Georgetown University Law Center and a founding member-scholar of the Center for Progressive Reform]