4/4/17 - Congress continues to make history by exercising its powers under the CRA to eliminate rules issued at the end of the Obama administration. To date, 13 resolutions of disapproval have passed both chambers of Congress; two additional bills have passed the House. President Trump has signed eight of these into law with three additional resolutions awaiting his signature. Finally, the Senate passed two more resolutions on March 30th which should be sent to the president soon. Prior to 2017, Congress had only successfully struck down a single rule using the CRA.
3/30/17 - A recent court settlement illustrates that consumers bear burdens—including indirect burdens—as a result of regulation gone awry. In this case, consumers bore costs in the form of higher prices, continued inconvenience, expense, time and bad odors from moldy washing machines. Although consumers in the class action suit didn’t realize it, their moldy washer problem began with DOE’s energy efficiency standards for clothes washers. Because regulations affect all Americans, it’s important to review their effects to make sure consumers aren’t left out to dry.
2/27/17 - President Trump signed his second executive order aimed at government-wide regulatory practice Friday afternoon. This one is not as dramatic as his January EO 13771, which required agencies to offset the costs of new regulations by removing existing burdens, but it sets up mechanisms for implementing that order, as well as other principles. Specifically, it creates a Regulatory Reform Task Force at each agency, to be headed by a Regulatory Reform Officer, responsible for overseeing implementation of the president’s regulatory reform initiatives and policies.
2/15/17 - The 115th Congress has wasted no time in exercising its powers under the Congressional Review Act to eliminate regulations issued by federal agencies during the Obama administration. Currently, eight joint resolutions of disapproval have passed the House—two of which were delivered to the president for his signature on February 6. President Trump signed one of these into law on February 14. This marks the first time in 16 years since Congress has successfully used the CRA to eliminate a regulation.
2/1/17 - President Trump’s new executive order, which follows his promises to cut regulatory costs and eliminate two regulations for every new one issued, is certain to shake up the regulatory state. A regulatory offset policy, like those in the U.K and Canada, could provide agencies incentives to evaluate the costs and effectiveness of their accumulated regulations and determine which ones have outlived their usefulness. However, the devil is in the details, and the order doesn’t specify how the policy will be implemented, which could have a “huge” impact on its effectiveness.
1/18/17 - The U.S. prides itself on smooth transitions of power, but that doesn’t mean this inaugural week isn’t a tumultuous one. President Obama has until noon on Friday to cement his final legacy; then at 12:01 pm it will be President Trump’s turn to flex his muscle. This commentary provides a quick rundown of the policy changes the lead-up to January 20th has brought, and what to expect on Friday afternoon.
1/11/17 - The Office of Management and Budget recently published its Exit Memo highlighting several aspects of the agency’s work under President Obama. The memo includes quantitative metrics of the administration’s regulatory output to draw comparisons with regulations issued by agencies under Presidents Clinton and Bush. This commentary describes why measuring regulatory output by comparing economically significant rules is a metric that better characterizes an administration's regulatory priorities.
1/3/17 - On the day before Christmas Eve, OMB released its annual Draft Report to Congress on the Benefits and Costs of Federal Regulations, which provides a window into regulatory activity conducted by federal agencies in Fiscal Year 2015. According to the Report, new regulations issued between October 2014 and September 2015 have both higher costs and higher benefits than those issued in FY 2014, and that the Environmental Protection Agency remains by far the largest contributor to both regulatory costs and benefits in this Report.
11/20/16 - President-elect Trump has promised big cuts in regulation, including through a requirement that for “for every one new regulation, two old regulations must be eliminated.” How easy would this be to accomplish? It depends on the circumstances. While regulations cannot be repealed with the stroke of pen (unlike executive orders, which presidents can unilaterally issue and unilaterally revoke), there are procedures for modifying or removing them. In this commentary, Susan Dudley weighs in.
11/18/16 - OIRA released its biannual Unified Agenda of Regulatory and Deregulatory Actions, providing the public with a first glimpse at upcoming regulations in the final days of the Obama administration. The final months of an outgoing presidential administration typically generate a significant amount of regulatory activity, termed “midnight” regulation. With a presidential transition on the horizon, many of the midnight regulations on the Obama administration’s agenda could be subject to disapproval by Congress using the Congressional Review Act.
11/8/16 - George Eads remembers Brookings economist Charles Schultze, author of The Public Use of Private Interest. As Chair of President Carter’s Council of Economic Advisers, Schultze helped to establish the practice of presidential supervision over executive branch regulatory agencies, along with economically informed thinking about regulatory reform.
11/2/16 - The Department of Education (ED) published a final rule concerning its student loan program on November 1, 2016. This rule attracted a great deal of input during its notice and comment period; ED notes that it received comments from over 50,000 parties. The Department completed its review with remarkable speed considering the amount of input received. The final rule could cost taxpayers up to $3.5 billion per year. Notably, the Department published its final rule without making any substantive changes as a result of the public input it received.
10/25/16 - Governor Bruce Rauner recently created the Illinois Competitiveness Council, which is charged with reviewing existing rules to eliminate unnecessary regulatory burdens that stifle competition and burden consumers. Illinois isn’t the first to recognize how outdated rules can negatively affect citizens and businesses, and this initiative builds off of efforts in other states and in the federal government. Retrospective review of existing rules is necessary for a well-functioning regulatory process, and Illinois’s new Competitiveness Council is a step in the right direction.
10/20/16 - Recently, the Executive Yuan of Taiwan issued a directive to extend the duration of the comment period in administrative rulemaking from 14 days to 60 days. This was a welcome move as the longer comment period provides greater opportunity for public participation. In this commentary, Prasad examines the challenges of operationalizing the notice and comment process and possible areas of improvement.
9/29/16 - Advocates of the Renewable Fuel Standard (RFS) often cite its contribution to national security in their list of reasons for either maintaining or expanding the program. Providing security is a first-order priority of government, but the contribution of the RFS to national security is widely misrepresented. Understanding this component of the program is necessary in order to conduct a fair assessment of whether its benefits outweigh its costs.