Regulatory Reform

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2018 Year in Review: Top Ten Regulatory Developments

January 14, 2019

1/14/19 - Just as in 2017, regulatory policy continued to be a focal point of 2018 with key actions ranging from proposed rules to one agency’s establishment of a new economics office to inform regulatory decisions. While not comprehensive, this Regulatory Insight highlights ten important developments related to regulation that occurred in 2018.

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Proposed SAFE Rule Could Improve Net Benefits of CAFE Standards

November 12, 2018

11/12/18 - The National Highway Traffic Safety Administration and the Enviornmental Protection Agency are evaluating comments on their proposed Safer Affordable Fuel-Efficient Vehicles Rule that sets Corporate Average Fuel Economy and carbon dioxide emission standards. Policy analyst Mark Febrizio summarizes a comment on the proposed rule submitted by Julian Morris on behalf of the GW Regulatory Studies Center, which argued that the proposal will save billions of dollars in economic costs, potentially decrease traffic fatalities, and is unlikely to have a significant negative effect on the environment.

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Public Interest Comment: NTIA's Approach to Consumer Privacy

November 12, 2018

By Daniel R. Pérez
The National Telecommunications and Information Administration issued a request for public comments on developing the administration's approach to consumer privacy. This public interest comment provides an overview of the agency's proposed approach to guide federal policymaking, and provides three core recommendations (1) Privacy regulation should be based on consumers' value, (2) the benefits of regulation should exceed social costs, and (3) future research should be focused on improving benefit-cost analysis of privacy regulations.

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FCC Clears Last Hurdles to Creation of Economics Office

October 25, 2018

10/25/18 - The Federal Communications Commission has just announced approval for it to organize an Office of Economics and Analytics. Jerry Ellig - former FCC chief economist and current Regulatory Studies Center research professor - discusses what that means for the independent agency's rulemaking process.

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Public Interest Comment: SAFE Vehicles Rule

October 25, 2018

By Julian Morris
Executive Director of the International Center for Law & Economics and a Senior Fellow at the Reason Foundation - provides insights on the effects of the Safer Affordable Fuel-Efficient Rule and the preliminary regulatory impact analysis thoroughly completed by the EPA and NHTSA. This public interest comment discusses the likely effects of the rule on vehicle fuel economy, fuel consumption, the cost of new and used vehicles, safety, and the environment. The author's findings suggest that the new rule will save billions of dollars in economic costs, potentially decrease traffic fatalities, and is unlikely to have a significant negative effect on the environment.

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The Bright Future of Executive Order 12866

October 22, 2018

10/22/18 - John Cooney - former OMB Deputy General Counsel - moderated the, 'Looking to the Future' panel of our 'Celebrating 25 Years of E.O. 12866' event, and in this commentary he explains how this executive order struck a balance among competing ideas at the time and argues that its core principles will continue to govern the regulatory review process.

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2018 Fall Unified Agenda

October 17, 2018

10/17/18 - In her introduction to the Fall 2018 Regulatory Plan, OIRA Administrator Neomi Rao states that the administration’s regulatory reform efforts will continue to prioritize reforms that target economic growth and foster technological innovation and consumer choice. The Fall 2018 Unified Agenda includes a total of 3,534 regulatory actions—174 of which are economically significant. Of these, 257 are classified as regulatory, 671 as deregulatory, with the remainder exempt or classified as “other.” Compared to the Spring 2018 Agenda, the total number of actions increased from 3,352 to 3,534. The number of active rulemakings in this Agenda increased slightly (2,399 compared to 2,226 last spring). Of those, the number of economically significant actions increased from 88 in the Spring 2018 Agenda to 118 in the Fall 2018 Agenda. Interestingly, of the 118 economically significant actions listed, 26 are deregulatory, 41 are regulatory, 15 are exempt, and the rest are classified as “other.”

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Fiscal Year 2018 Report on Regulatory Reform under Trump

October 17, 2018

10/17/18 - Policy Analyst Daniel R. Pérez provides an overview of the Trump administration's release of the 2018 Fall Agenda and status update on the implementation of Executive Order 13771.

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IRS Tax Credit Regulation: Too Much SALT?

October 15, 2018

10/15/18 - The Internal Revenue Service (IRS) has proposed a regulation that would prevent all individual taxpayers from claiming a federal charitable deduction if the taxpayer received a state tax credit equivalent to more than 15 percent of the donation. This comment explains why the proposed regulation is much broader than necessary to address the real problem the IRS seeks to solve: state tax credit programs designed explicitly to aid taxpayers in avoiding the cap on deductibility of state and local taxes.

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Public Interest Comment: IRS's Proposed Rule on SALT Credits

October 12, 2018

By Jerry Ellig
The Internal Revenue Service (IRS) has proposed a regulation that would prevent all individual taxpayers from claiming a federal charitable deduction if the taxpayer received a state tax credit equivalent to more than 15 percent of the donation. This comment explains why the proposed regulation is much broader than necessary to address the real problem the IRS seeks to solve: state tax credit programs designed explicitly to aid taxpayers in avoiding the cap on deductibility of state and local taxes.

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E.O. 12866 - A View from the House

October 12, 2018

10/11/18 - Daniel Flores is a Majority Staff member of the House Judiciary's Subcommittee on Regulatory Reform, Commercial and Antitrust Law, and in this commentary he explains why Congress has long been considering ways to assure legislative activity is animated and guided by the 'Statement of Regulatory Philosophy and Principles' within Executive Order 12866.

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OMB's Reform Plan and the Tradeoffs of Government Reorganization

October 09, 2018

By Christopher Carrigan & Mark Febrizio
In June, OMB published an organizational reform plan, offering more than 80 recommendations that detail government-wide and agency-specific changes. Although the plan’s goal to make government operations more efficient is a noble one, research and experience demonstrates that designing agency operations involves sometimes unavoidable tradeoffs. Streamlining operations can produce real benefits, but these may come at the expense of impeding an agency’s ability to formulate clear objectives and weakening measures in place to ensure services are delivered correctly. Thus, entering into any restructuring with a complete understanding of its ramifications is critical to realizing its objectives and promoting its durability.

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E.O. 12866 - 25th Anniversary Remarks

October 09, 2018

10/9/18 - NYU Law Professor Richard Revesz, although supportive of the bipartisan consensus of benefit-cost analysis, is concerned for the future of the principles behind E.O. 12866. This commentary provides his opening remarks and ten examples of what he sees as concerning actions from the current administration.

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The Future of E.O. 12866: Embracing Regulatory Humility

October 05, 2018

10/5/18 - Susan Dudley, former OIRA Administrator, discusses how Executive Order 12866 has lead to bipartisan consensus of regulatory principles, reviews the ongoing effects of this 25-year-old rulemaking process, and why it is likely to continue to make a significant difference well into the future.

Zoey & Mark

Future of Regulation: Challenges and Opportunities from Emerging Technology

September 19, 2018

9/19/18 - On September 12, the GW Regulatory Studies Center co-hosted an event with the Deloitte Center for Government Insights and the Trachtenberg School of Public Policy and Public Administration on the Future of Regulation. Experts from government agencies, think tanks, private sector companies, and universities discussed how emerging technologies are impacting traditional regulatory systems. This commentary highlights key themes from the event, including the importance of regulatory humility, the alternative regulatory tools available to agencies, opportunities for regulators to improve outcomes and compliance, and the challenges associated with regulating emerging technologies.