Regulatory Reform

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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

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

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.

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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.

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Public Interest Comment: Dept. of Education's Student Assistance & Loan Programs

September 07, 2018

By: Daniel R. Pérez
This comment argues that the Dept. of Education's proposal to rescind its 2016 change to the definition of misrepresentation and to change its 2016 approach making a priori assumptions about the quality of non-profit and for-profit schools better complies with existing regulatory requirements. The Department should retain borrowers’ ability to file affirmative claims, collect additional data to inform future rulemaking, and more thoroughly consider the net impact of its proposed rules on processing borrower claims on a case-by-case basis.

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Trump Administration Picks up the Regulatory Pace in its Second Year

August 01, 2018

By Bridget C.E. Dooling
With the first 18 months of the Trump Administration complete, we can check in on his regulatory activity to date. This new analysis shows that Trump's regulatory activity is 70% lower than it was at the same point in the Obama Administration; a striking result for an administration that has made regulatory reform a signature issue.

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A Taxonomy of Regulatory Forms

May 30, 2018

By: Zhoudan Xie & Daniel R. Pérez
This Regulatory Insight addresses the information gap in how regulations are measured when determining their effect on economic growth and other macroeconomic measures by developing a taxonomy of regulatory forms. In partnership with the U.S. Department of Agriculture, this framework allows regulations to be classified by the form they employ to achieve the stated regulatory outcomes. We expect this taxonomy to also be applicable to industries outside of agriculture, and to be utilized by researchers and analysts in a wide range of fields as a framework for informing research on the relative effectiveness of different regulatory forms to address market and social problems.

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Public Comment on the EPA's Proposed Rule Repeal of Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units

April 27, 2018

By: Brian F. Mannix
The EPA has proposed to repeal the greenhouse gas (GHG) emissions guidelines for electric generating units issued on October 23, 2015—better known as the Clean Power Plan (CPP). The Agency has also sought comment separately on what, if anything, ought to replace it. This comment, often drawing on earlier comments, will focus on the Regulatory Impact Analysis (RIA) that supported EPA’s 2015 CPP final rule, and outlines those areas where the agency made major errors in the 2015 RIA, and where it could go further to improve the analysis.

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Public Comment on OMB's 2017 Draft Report to Congress on the Benefits and Costs of Federal Regulations

April 09, 2018

By: Brian F. Mannix, Sofie E. Miller, & Susan E. Dudley
The George Washington University Regulatory Studies Center improves regulatory policy through research, education, and outreach. As part of its mission, the GW Regulatory Studies Center conducts careful and independent analyses to assess rulemaking proposals from the perspective of the public interest. This comment on the Office of Management and Budget’s 2017 Draft Report to Congress offers suggestions for improving the information value of the Report, as well as the evidence on which regulatory policies depend, and does not represent the views of any particular affected party or special interest.

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A Proposed Framework for Evidence-Based Regulation

February 22, 2018

By Marcus Peacock, Sofie E. Miller, & Daniel R. Pérez
Policymakers and scholars have given serious thought to how evidence-based approaches can improve policymaking, but using evidence to improve regulatory outcomes requires a separate framework than the one currently in use. This paper details how the regulatory process differs from other federal policymaking and establishes a framework for evidence-based regulation (EBR) to improve regulatory outcomes by planning for, collecting, and using evidence throughout the life a regulation. The authors discuss the main barriers that regulatory agencies face in implementing an EBR approach and advance concrete proposals for overcoming these barriers.