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  1. Agency Use of Science in the Rulemaking Process: Proposals for Improving Transparency and Accountability [Download]

    Title: Agency Use of Science in the Rulemaking Process: Proposals for Improving Transparency and Accountability
    Author: Dudley, Susan E.
    Description: Prepared Statement of Susan E. Dudley, The George Washington University Regulatory Studies Center, Hearing on Agency Use of Science in the Rulemaking Process: Proposals for Improving Transparency and Accountability for the Homeland Security and Governmental Affairs Subcommittee on Regulatory Affairs United States Senate on March 9, 2017.
    Keywords: Regulation, Testimony, Testimonies, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 05/05/2018
  2. Examining How Small Businesses Confront and Shape Regulations [Download]

    Title: Examining How Small Businesses Confront and Shape Regulations
    Author: Miller, Sofie E.
    Description: Prepared Statement of Sofie E. Miller & Daniel R. Pérez, The George Washington University Regulatory Studies Center, Hearing on Examining How Small Businesses Confront and Shape Regulations Before the Small Business & Entrepreneurship Committee United States Senate on March 29, 2017.
    Keywords: Regulation, Testimony, Testimonies, Federal government, Regulatory studies, Public policy, Regulatory policy
    Date Uploaded: 05/05/2018
  3. Safety Standard Addressing Blade-Contact Injuries on Table Saws [Download]

    Title: Safety Standard Addressing Blade-Contact Injuries on Table Saws
    Author: Miller, Sofie E.
    Description: Prepared Statement of Sofie E. Miller & Jacob Yarborough, The George Washington University Regulatory Studies Center, Hearing on Safety Standard Addressing Blade-Contact Injuries on Table Saws Before the United States Consumer Product Safety Commission on August 9, 2017.
    Keywords: Regulation, Testimony, Testimonies, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 05/05/2018
  4. The Federal Government on Autopilot: Delegation of Regulatory Authority to an Unaccountable Bureaucracy [Download]

    Title: The Federal Government on Autopilot: Delegation of Regulatory Authority to an Unaccountable Bureaucracy
    Author: Miller, Sofie E.
    Description: Prepared Statement of Sofie E. Miller, Senior Policy Analyst, The George Washington University Regulatory Studies Center, Hearing on The Federal Government on Autopilot: Delegation of Regulatory Authority to an Unaccountable Bureaucracy before the United States House of Representatives Judiciary Committee Task Force on Executive Overreach on May 24, 2016.
    Keywords: Regulation, Testimony, Testimonies, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 05/05/2018
  5. An Introduction to a Regulatory Budget [Download]

    Title: An Introduction to a Regulatory Budget
    Author: Pierce, Richard J. Jr.
    Description: Prepared Statement of Richard J. Pierce, Jr., The George Washington University Regulatory Studies Center Hearing, on an Introduction to a Regulatory Budget before the House Committee on the Budget July 7, 2016.
    Keywords: Regulation, Testimony, Testimonies, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 05/05/2018
  6. Home Appliance Energy Efficiency Standards under the Department of Energy–Stakeholder Perspectives [Download]

    Title: Home Appliance Energy Efficiency Standards under the Department of Energy–Stakeholder Perspectives
    Author: Miller, Sofie E.
    Description: Prepared Statement of Sofie E. Miller, The George Washington University Regulatory Studies Center, Hearing on Home Appliance Energy Efficiency Standards under the Department of Energy–Stakeholder Perspectives before the United States Senate June 10, 2016.
    Keywords: Regulation, Testimony, Testimonies, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 05/05/2018
  7. Oversight of the Renewable Fuel Standard [Download]

    Title: Oversight of the Renewable Fuel Standard
    Author: Miller, Sofie E.
    Description: Prepared Statement by Sofie E. Miller, Senior Policy Analyst, The George Washington University Regulatory Studies Center, Hearing on Oversight of the Renewable Fuel Standard before the Environment and Public Works Committee on February 24, 2016.
    Keywords: Regulation, Testimony, Testimonies, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 05/05/2018
  8. A Review of Regulatory Reform Proposals [Download]

    Title: A Review of Regulatory Reform Proposals
    Author: Dudley, Susan E.
    Description: Prepared Statement of Susan E. Dudley, The George Washington Regulatory Studies Center, Hearing on A Review of Regulatory Reform Proposals before the United States Senate Homeland Security & Government Affairs Committee on September 16, 2015.
    Keywords: Regulation, Testimony, Testimonies, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 05/05/2018
  9. Accounting for the True Cost of Regulation: Exploring the Possibility of a Regulatory Budget [Download]

    Title: Accounting for the True Cost of Regulation: Exploring the Possibility of a Regulatory Budget
    Author: Dudley, Susan E.
    Description: Prepared Statement of Susan E. Dudley, The George Washington Regulatory Studies Center, Hearing on Accounting for the True Cost of Regulation: Exploring the Possibility of a Regulatory Budget before the United States Senate Committee on the Budget and Committee on Homeland Security and Governmental Affairs on June 23, 2015.
    Keywords: Regulation, Testimony, Testimonies, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 05/05/2018
  10. Examining Practical Solutions to Improve the Federal Regulatory Process [Download]

    Title: Examining Practical Solutions to Improve the Federal Regulatory Process
    Author: Dudley, Susan E.
    Description: Prepared Statement of Susan E. Dudley, The George Washington University Regulatory Studies Center. Hearing on Examining Practical Solutions to Improve the Federal Regulatory Process before the United States Senate Subcommittee on Regulatory Affairs and Federal Management Roundtable Discussion, June 4, 2015.
    Keywords: Regulation, Testimony, Testimonies, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 05/05/2018
  11. Recommendations for Improving the Regulatory Process [Download]

    Title: Recommendations for Improving the Regulatory Process
    Author: Dudley, Susan E.
    Description: Prepared Statement of Susan E. Dudley, The George Washington University Regulatory Studies Center, Response to the Senate Homeland Security and Governmental Affairs Committee's Letter Requesting Input on its Regulatory Improvement Effort on May 4, 2015.
    Keywords: Regulation, Testimony, Testimonies, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 05/05/2018
  12. Ep. 121, 1951-03-28, The Eleanor Roosevelt Program part 1 [Download]

    Title: Ep. 121, 1951-03-28, The Eleanor Roosevelt Program part 1
    Author: Eleanor Roosevelt Papers Project
    Description:
    Keywords: Eleanor Roosevelt Radio and Television, The Eleanor Roosevelt Program
    Date Uploaded: 04/11/2018
  13. A selected bibliography of sources related to archival appraisal theory and collection development [Download]

    Title: A selected bibliography of sources related to archival appraisal theory and collection development
    Author: King, Jennifer
    Description: This bibliography is a selection from a large set of articles used during a project to reconceptualize and rewrite the collection development policy for the Washingtoniana Collection housed within GW’s Special Collections Research Center. This bibliography was created for the article “A No-Budget, In-House, Staff-Led Professional Development Model,” to be published Summer 2018 in the Midwest Archives Conference journal, Archival Issues, Vol 39, Issue 1.
    Keywords: Collection development, Archival appraisal , Archival science, Special collections, Bibliography , Archival appraisal theory
    Date Uploaded: 04/02/2018
  14. Regulatory Reform: What’s New in 2014? [Download]

    Title: Regulatory Reform: What’s New in 2014?
    Author: West, Cassidy B.
    Description: The 113th Congress is considering various bills that would reform the way regulations are developed, analyzed, and reviewed. The GW Regulatory Studies Center has tracked and classified these bills since the beginning of the 113th Congress and will continue tracking and updating the information regularly throughout its duration. By classifying each bill according to its approach to regulatory reform, based on the reform elements below, we hope to shed some light on the types of reforms being considered and their status.
    Keywords: Regulation, Commentaries, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 03/31/2018
  15. Why Does Benefit-Cost Analysis Seem Blind to Job Impacts? [Download]

    Title: Why Does Benefit-Cost Analysis Seem Blind to Job Impacts?
    Author: Mannix, Brian F.
    Description: My chapter in a new book published this week, Does Regulation Kill Jobs?, explores some of the reasons why the human welfare metric, as it is typically calculated in a BCA, appears to be insensitive to the employment effects that loom so large in the perceptions of the public and its elected representatives. It argues that, to a first approximation, employment effects are already counted in a BCA as a component of compliance costs. Of course, no BCA is ever complete, so it is always possible that some job-related welfare effects are omitted, just as it is likely that some other welfare effects unrelated to employment are also omitted. Any attempt to include additional categories of welfare effects must, however, confront the problem of potentially counting these effects more than once. The chapter concludes that, in most cases, employment effects should be treated as they traditionally have been treated—implicitly part of the calculation of compliance costs—and that some proposed alternatives to the status quo would result in double counting. It would be helpful, however, if economists could do a better job of educating the public about what, exactly, compliance costs represent. If people understood that these are not simply a “cost of doing business” but real welfare changes experienced by the public, then benefit–cost analysis would be a far more informative tool than it is today.
    Keywords: Regulation, Commentaries, Federal government, Regulatory studies, Regulatory policy, Public policy
    Date Uploaded: 03/31/2018
  16. President Nominates Howard Shelanski to be OIRA Administrator [Download]

    Title: President Nominates Howard Shelanski to be OIRA Administrator
    Author: Miller, Sofie E.
    Description: Last week, President Obama nominated Federal Trade Commission (FTC) Chief Economist Howard Shelanski to be the next Administrator of the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB). If confirmed by the Senate, Shelanski would fill the position vacated by Cass Sunstein, who returned to Harvard’s law faculty in August 2012. Boris Bershteyn, former OMB General Counsel, had held the position in an acting capacity until his departure from OMB last month. Career Deputy Administrator, Dominic Mancini is currently Acting Administrator.
    Keywords: Regulation, Commentaries, Federal government, Regulatory policy, Regulatory studies, Public policy
    Date Uploaded: 03/31/2018
  17. A Retrospective Review of Retrospective Review [Download]

    Title: A Retrospective Review of Retrospective Review
    Author: Dudley, Susan
    Description: The scope and reach of regulation is growing, and along with it, public concern that there may be too much regulation of private activity. (See annual Gallup poll showing that more respondents are concerned about too much regulation than too little.) In response to this concern, President Obama issued two executive orders directing agencies “to determine whether …existing significant …regulations should be modified, streamlined, expanded, or repealed so as to make the agency’s regulatory program more effective or less burdensome in achieving the regulatory objectives.” The President noted, “during challenging economic times …it is particularly important for agencies to conduct retrospective analyses of existing rules to examine whether they remain justified and whether they should be modified or streamlined in light of changed circumstances, including the rise of new technologies.”
    Keywords: Regulation, Federal government, Commentaries, Regulatory policy, Regulatory studies, Public policy
    Date Uploaded: 03/31/2018
  18. Pace of New Regulations up in President Obama’s First Term [Download]

    Title: Pace of New Regulations up in President Obama’s First Term
    Author: West, Cassidy
    Description: Executive branch agencies are required by Executive Order and statute to measure the impact of regulations, using both ex ante and ex post analyses. Agencies conduct analyses that seek to quantify regulations’ costs and benefits, economic impact, and distributional effects, along with whether the regulation is meeting the policy goals of the President. Measuring the reach and impact of these regulations is difficult though, and analysts look to various proxies in an attempt to measure the effects of regulations over time.
    Keywords: Regulation, Federal government, Commentaries, Regulatory policy, Regulatory studies, Public policy
    Date Uploaded: 03/31/2018
  19. Will EPA’s Retrospective Review Reduce Burdens for the Regulated Public? [Download]

    Title: Will EPA’s Retrospective Review Reduce Burdens for the Regulated Public?
    Author: Miller, Sofie
    Description: In a 2011 report, the Environmental Protection Agency projected that its retrospective review efforts would save $1.5 billion over five years, but are the American people getting what the Agency promised? A recent working paper by the GW Regulatory Studies Center suggests that the unprecedented cost savings and burden reductions that many were hoping for won’t materialize at all—in fact, some of EPA’s retrospective review actions may even come with a hefty price tag.
    Keywords: Regulation, Federal government, Public policy, Regulatory policy, Commentaries, Regulatory studies
    Date Uploaded: 03/31/2018
  20. The Administrative Conference of the United States, 58th Plenary Session [Download]

    Title: The Administrative Conference of the United States, 58th Plenary Session
    Author: West, Cassidy
    Description: On June 13 and 14, 2013, the Administrative Conference of the United States (ACUS) will meet for its 58th Plenary Session. ACUS is an independent federal agency dedicated to improving the administrative process through “consensus-driven applied research, providing nonpartisan expert advice and recommendations for the improvement of federal agency procedures.” The Conference’s 101 members, who include federal officials, private practitioners, and academics with expertise in administrative law, will consider adoption of recommendations on 1) Social Security Disability Adjudication, 2) Benefit-Cost Analysis at Independent Regulatory Agencies, 3) Science in the Administrative Process, and 4) Administrative Record in Informal Agency Proceedings.
    Keywords: Regulation, Commentaries, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 03/31/2018
  21. A Review of Commerce’s Retrospective Review [Download]

    Title: A Review of Commerce’s Retrospective Review
    Author: Pino, Tatiana
    Description: On January 18, 2011, in Executive Order 13563, the President directed each agency to review its “existing significant regulations, and consider how best to promote retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned.” In response to this directive, the Department of Commerce published the preliminary plan for review of its regulations on May 26, 2011. Two major components of the plan included regulatory modifications by the Bureau of Industry and Security (BIS), and the U.S. Patent and Trademark Office (PTO). On January 13, 2013 Commerce published its latest progress report for retrospective review. According to this report, the BIS and USPTO made efforts to achieve their respective goals outlined in Commerce’s preliminary plan.
    Keywords: Regulation, Federal government, Commentaries, Regulatory policy, Regulatory studies, Public policy
    Date Uploaded: 03/31/2018
  22. New Paper on the Precautionary Principle [Download]

    Title: New Paper on the Precautionary Principle
    Author: Dudley, Susan
    Description: A new issue paper from the Council for Agricultural Science and Technology (CAST), released Monday, finds that while the “precautionary principle” (PP) “has superficial appeal on initial impression, …when put to the test [it] actually lacks the substance and content necessary to guide realistic risk decision making.”
    Keywords: Regulation, Commentaries, Federal government, Regulatory policy, Regulatory studies, Public policy
    Date Uploaded: 03/31/2018
  23. Congressional Hearing: Reducing Unnecessary & Costly Red Tape through Smarter Regulations [Download]

    Title: Congressional Hearing: Reducing Unnecessary & Costly Red Tape through Smarter Regulations
    Author: Pino, Tatiana
    Description: On June 26, 2013, the U.S. Congress Joint Economic Committee held a hearing on “Reducing Unnecessary and Costly Red Tape through Smarter Regulations.” The bipartisan Committee is evenly divided among members of the U.S. House of Representatives and the U.S. Senate, with an equal number of Republicans and Democrats. The witnesses included Professor Susan Dudley, Director of the George Washington University Regulatory Studies Center; Dr. Michael Greenstone, Director of the Brookings Institution Hamilton Project and 3M Professor of Economics at the Massachusetts Institute of Technology; Dr. Jerry Ellig, Senior Research Fellow at the Mercatus Center at George Mason University; and Dr. Robert Kieval, Executive Vice President and Chief Technology Officer of CVRx, Inc. The most striking aspect of the hearing was the degree to which Members and witnesses agreed that federal regulations need to be more cost-effective and better targeted at achieving their intended goals. Committee Chairman Representative Kevin Brady (R-TX) opened the hearing by noting, “There are too many [regulatory] loopholes, no uniform requirement across all agencies, a lack of standards with which to conduct the analysis, no check and balance against agency bias, no comparison of past analysis to real life impacts, and little recognition on the total burden on the economy of regulations. We must do better.” Vice-Chair Senator Amy Klobuchar (D-MN) stated, “Americans expect and deserve a common sense approach to regulation; one that protects consumers and the public interest without stifling innovation and economic growth.”
    Keywords: Regulation, Commentaries, Federal government, Public policy, Regulatory policy, Regulatory studies
    Date Uploaded: 03/31/2018
  24. New Regulatory Agenda Lists Thousands of New Rules [Download]

    Title: New Regulatory Agenda Lists Thousands of New Rules
    Author: Miller, Sofie
    Description: What can the American public expect from federal regulators in the coming year? The biannual Unified Agenda of Regulatory and Deregulatory Actions, published last week, provides a first glimpse at upcoming regulations and, in a perfect world, offers citizens the chance to become involved in the rulemaking process before agencies make major decisions final.
    Keywords: Regulation, Commentaries, Federal government, Regulatory policy, Regulatory studies, Public policy
    Date Uploaded: 03/31/2018
  25. Should International Benefits Count? [Download]

    Title: Should International Benefits Count?
    Author: Sutter, Dan
    Description: Should federal regulatory benefit-cost analysis (BCA) include benefits realized by residents of other nations? When it comes to valuing the effects of climate change, the federal government has recently decided that it should. A May 2013 technical update of an interagency working group established a revised range of values agencies are expected to use for the social cost of carbon (SCC) in regulatory analyses. Based on the working group’s earlier guidance on this subject, the Environmental Protection Agency’s (EPA) analysis of greenhouse gas and fuel economy standards for 2017 and later cars and light duty trucks includes $126 billion in benefits, primarily carbon reductions, less than a quarter of which are domestic benefits.
    Keywords: Regulation, Federal government, Commentaries, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 03/31/2018
  26. OMB’s Draft 2013 Report to Congress on Regulatory Costs and Benefits has Limitations [Download]

    Title: OMB’s Draft 2013 Report to Congress on Regulatory Costs and Benefits has Limitations
    Author: Dudley, Susan E.
    Description: The benefits and costs of regulations, individually and in the aggregate, are notoriously hard to measure. In an attempt to measure the size and scope of regulation, the Office of Management and Budget (OMB) each year submits to Congress an accounting statement and associated report providing estimates of the total annual benefits and costs of federal regulations. According to a new GW Regulatory Studies Center comment submitted to OMB, OMB’s Draft 2013 Report to Congress on the Benefits and Costs of Federal Regulations (the Report) probably offers one of the most comprehensive estimates available on the expected benefits and net benefits (benefits minus costs) of federal regulation; but, as OMB acknowledges, it has limitations. The benefits reported both for fiscal year 2012 and over the last decade are dominated by EPA regulations that reduce fine particles (PM2.5) either directly or incidentally. OMB provides a good qualitative presentation of the many uncertainties surrounding the PM2.5 benefits, but it should go further. It should reveal to the public the effect of these uncertainties on the range of plausible benefits derived from regulations.
    Keywords: Regulation, Commentaries, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 03/31/2018
  27. What are Regulatory Proxies Measuring? [Download]

    Title: What are Regulatory Proxies Measuring?
    Author: Pack, Terry
    Description: Without reliable measures of regulatory activity, attempts to understand regulations’ effect on the economy will be hindered, so the lack of correlation between the variables currently being used in the economic literature is troubling. The fact that none of them are closely correlated perhaps suggests that each variable captures a different facet of regulation, or perhaps our simple correlations do not adequately capture relationships among them. For example, one might expect CFR pages or constraints to follow the Regulators’ Budget or Federal Register pages with a lag (and our correlation measures include no lag). Nevertheless, these results suggest that further research is needed if we are to understand the effects of regulation on economic growth.
    Keywords: Regulation, Commentaries, Federal government, Regulatory studies, Regulatory policy, Public policy
    Date Uploaded: 03/31/2018
  28. Sequester Does Not Appear to have Constrained Regulatory Agency Budgets [Download]

    Title: Sequester Does Not Appear to have Constrained Regulatory Agency Budgets
    Author: Dudley, Susan
    Description: Regulatory agencies’ budgets grew faster than inflation in 2012 and 2013, despite concerns about the sequester, and would continue to grow under President Obama’s proposed budget for 2014. Financial regulatory agencies, such as the Securities and Exchange Commission and the Consumer Financial Protection Bureau, fared particularly well over the last two years, receiving large budget and staffing increases to implement the Dodd-Frank Wall Street Reform and Consumer Protection Act. The Food and Drug Administration, to which the Food Safety Inspection Act of 2011 granted new authority, continues to grow, with projected two-year increases in outlays of more than $1.3 billion and additions of more than 2,000 employees. The Patent and Trademark Office has also experienced notable growth since 2010 as a result of the America Invents Act of 2011, which authorized it to set its own fees. It is slated for almost $700 million in new outlays in fiscal years 2013 and 2014, and more than 2,000 new staff.
    Keywords: Regulation, Commentaries, Federal government, Regulatory studies, Regulatory policy, Public policy
    Date Uploaded: 03/31/2018
  29. Advances in eRulemaking Open Avenues for Public Participation [Download]

    Title: Advances in eRulemaking Open Avenues for Public Participation
    Author: Schwab, Jonathan
    Description: Federal regulation in the United States is at least nominally a collaborative project between the regulatory agencies and the public. The Administrative Procedure Act of 1946 and Presidential Executive Orders 12866 and 13563 require agencies to accept public comments on proposed rules and address them in revisions and final versions of rules. However, the volume of regulation and complicated nature of many regulatory proposals have historically made it difficult for citizens to be involved in the process. This was particularly true when the only access to documents supporting regulations were hard copies of materials stored in agency reading room filing cabinets. The advent of the Internet offered potential for significant improvements in transparency and public participation across the Federal government, and for over a decade, the federal government has been working to take advantage of new technologies and opportunities. In 2003, an interagency eRulemaking team released Regulations.gov, a centralized, searchable database of executive agencies’ regulatory actions that allows the public to submit comments on rules as well as view and respond to other comments. In the ten years since its release, Regulations.gov has won awards from the American Association of Law Libraries, the American Council for Technology, Adobe, and MeriTalk. It has also faced some constructive criticism regarding its ease of use, data accessibility and completeness, and its speed at adopting Web 2.0 technologies.
    Keywords: Regulation, Federal government, Commentaries, Regulatory studies, Regulatory policy, Public policy
    Date Uploaded: 03/31/2018
  30. Reducing the Regulatory Burden: Recommendations for FDA’s Proposed Food Safety Rule [Download]

    Title: Reducing the Regulatory Burden: Recommendations for FDA’s Proposed Food Safety Rule
    Author: West, Cassidy B.
    Description: In January, the Food and Drug Administration (FDA) published a proposed rule, Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption, establishing minimum standards for the safe growing, harvesting, packing, and holding of produce. Our examination of the proposed rule and supporting analysis reveals that the proposal does not meet the statutory and executive requirements nor does it consider unintended consequences that may result from the proposed safety standards; and the estimates used to support the benefits of the rule are based on unreliable data.
    Keywords: Regulation, Commentaries, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 03/31/2018
  31. Regulatory Reform in the 113th Congress [Download]

    Title: Regulatory Reform in the 113th Congress
    Author: West, Cassidy B.
    Description: The 113th Congress is considering various bills to reform how regulations are developed, analyzed, and reviewed. The GW Regulatory Studies Center tracks and classifies these bills based on information provided by the Library of Congress. The legislation is selected if it concerns improvements to the quality of government regulation. Regulatory reform may be economic or to mitigate some sort of harm that stems from the activity being regulated. The bills are classified using reform elements the GW Regulatory Studies Center considers to be integral to reforming the regulatory processes, procedures, and subsequent outcomes.
    Keywords: Regulation, Federal government, Commentaries, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 03/31/2018
  32. Toxic Sand? OSHA’s Challenge in Regulating Crystalline Silica [Download]

    Title: Toxic Sand? OSHA’s Challenge in Regulating Crystalline Silica
    Author: Dudley, Susan E.
    Description: The Occupational Safety and Health Administration’s new proposed regulation to reduce workplace exposure to crystalline silica has been almost 40 years in the making. Also called silicon dioxide (or, more commonly, quartz), crystalline silica occurs abundantly in sand, soil, and rock. OSHA first established a maximum permissible exposure level for crystalline silica in 1970 by adopting a consensus industry standard. Unfortunately, the form of that standard was obsolete by the time it was adopted, and OSHA issued an advance notice of proposed rulemaking to modify it in 1974, but took no further action. Then, in 1994 OSHA identified crystalline silica as one of a few top priority safety and health hazards, and, two years later, the International Agency for Research on Cancer concluded that “crystalline silica inhaled in the form of quartz or cristobalite from occupational sources is carcinogenic to humans.” In 1998, OSHA listed regulation of silica on its semi-annual agenda of upcoming regulatory actions and, by the fall of 1999, set itself a deadline of June 2000 for issuing a proposed rule. In 2002, OSHA revised the deadline to November 2003 and listed the proposed rule as one of its top priorities. This deadline kept slipping, however, until February 2011, when OSHA sent a draft of the rule to the Office of Information and Regulatory Affairs for interagency review. This review took an unusually-long two-and-a-half years to complete, but culminated in OSHA publishing a proposal on its website on August 23, 2013.
    Keywords: Commentaries, Federal government, Regulation, Regulatory studies, Regulatory policy, Public policy
    Date Uploaded: 03/31/2018
  33. The Social Cost of Foregoing Public Participation in the SCC [Download]

    Title: The Social Cost of Foregoing Public Participation in the SCC
    Author: Dudley, Susan E.
    Description: The Department of Energy (“DOE”) is seeking public comment on whether it was appropriate to rely on an estimate of the “social cost of carbon” (“SCC”) in a final rulemaking without undergoing public comment. When DOE published a proposed rule to set energy efficiency standards for microwave ovens in February 2012, it sought public comment on its analysis of the regulation’s contribution toward reducing climate change, using an SCC of $25.6/metric ton. However, in June 2013, DOE defended its final rule with a much higher SCC value of $41.1/metric ton, increasing the anticipated net benefits of the rule by $438 million. An Interagency Working Group on the Social Cost of Carbon had developed this new SCC, and presented it in a “Technical Support Document” (SCC-TSD) as a fait accompli to the public in May. Our comment to DOE agrees that the SCC is conceptually the right way for agencies to organize their analyses of climate impacts and coordinate across different agencies engaged in climate policy. However, the influential nature of the SCC value for a variety of future policies, as well as the difficulties and uncertainties of calculating the SCC, demand conscientious attention— including public comment and peer review—to the task of getting it right.
    Keywords: Regulation, Federal government, Commentaries, Regulatory studies, Regulatory policy, Public policy
    Date Uploaded: 03/31/2018
  34. Social Media in Rulemaking Workshop [Download]

    Title: Social Media in Rulemaking Workshop
    Author: Dudley, Susan E.
    Description: Federal agencies are increasingly turning to the Internet when conducting rulemaking. Regulations.gov, which originated as a central forum for agencies to post regulatory dockets and receive public comments, has offered expanding capabilities over its 10-year history. Nevertheless, according to a recent draft report prepared for the Administrative Conference of the United States, “for the most part, social media are used to get the word out about a rulemaking, but not as a mechanism through which the rulemaking is actually conducted.”
    Keywords: Regulation, Federal government, Commentaries, Regulatory policy, Regulatory studies, Public policy
    Date Uploaded: 03/31/2018
  35. Costs of New Regulations Issued in 2012 Dwarf Those of Previous Years, According to OMB Report [Download]

    Title: Costs of New Regulations Issued in 2012 Dwarf Those of Previous Years, According to OMB Report
    Author: Dudley, Susan E.
    Description: The Office of Management and Budget quietly released its draft 2013 Report to Congress on the Benefits and Costs of Regulations on Friday, April 19, covering regulatory activity through the end (September 30) of fiscal year 2012. Recall that, as the presidential election approached, the White House was widely reported to be restraining the regulatory agencies out of concern for the state of the economy. Now that the results are tallied, however, there is little evidence of restraint. By the administration’s own estimates, the rules it issued in FY2012 alone imposed more costs on the economy than all the rules issued during the entire first terms of Presidents Bush and Clinton, combined.
    Keywords: Regulation, Commentaries, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 03/31/2018
  36. The Unbearable Lightness of Being Regulated [Download]

    Title: The Unbearable Lightness of Being Regulated
    Author: Dudley, Susan E.
    Description: Among the priorities highlighted in the introductory chapters of President Obama’s proposed 2014 Budget is a commitment to “a regulatory strategy that protects the safety and health of all Americans, while promoting continued economic growth and job creation.” The Budget claims that by carefully weighing the costs and benefits of new rules, “the net benefits of regulations issued through the third fiscal year of the first term have exceeded $91 billion. This amount, including not only monetary savings, but also lives saved and injuries prevented, is over 25 times the net benefits through the third fiscal year of the previous Administration.”
    Keywords: Regulation, Commentaries, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 03/31/2018
  37. Much-anticipated CO2 Emissions Rule Renders Zero Benefits or Costs in Agency Analysis [Download]

    Title: Much-anticipated CO2 Emissions Rule Renders Zero Benefits or Costs in Agency Analysis
    Author: Miller, Sofie E.
    Description: On September 20th, the Environmental Protection Agency released a much-anticipated proposed rule that would limit the emissions of CO2 by new coal- and natural gas-fired power plants, or electric utility generating units (EGUs). This proposal is one of many regulatory actions being undertaken by the Obama administration to curb carbon emissions, and is the first uniform federal limit on CO2 production for new power plants. Carbon emissions from existing power plants are currently regulated by state implementation of federal guidelines, and next year EPA will propose federal standards for existing plants. Interestingly enough, EPA’s analysis suggests that the proposed rule doesn’t exert any meaningful requirement on emissions from new power plants: “Because these [proposed] standards are in line with current industry investment patterns, these standards are not expected to have notable costs and are not projected to impact electricity prices or reliability.” In other words, EPA is projecting that, even without the proposed standards, emissions would have fallen by a comparable amount due to shifts from investment in coal plants to natural gas-fired plants, which have lower CO2 emissions. EPA makes the same point even more clearly in its regulatory impact analysis (RIA): “the proposed EGU New Source GHG [greenhouse gas] Standards are not expected to change GHG emissions for newly constructed EGUs, and are anticipated to yield no monetized benefits and impose negligible costs, economic impacts, or energy impacts on the electricity sector or society.” According to the agency’s analysis, EPA presumes that any costs incurred by power plants will be at least partially recovered through sale of captured carbon.
    Keywords: Regulation, Commentaries, Federal government, Public policy, Regulatory policy, Regulatory studies
    Date Uploaded: 03/31/2018
  38. Reducing Burdens? Tier 3 Tells Another Story [Download]

    Title: Reducing Burdens? Tier 3 Tells Another Story
    Author: Miller, Sofie E.
    Description: Recognizing that unjustified regulatory burdens can be particularly challenging in a weak economy, President Obama issued Executive Order 13563 instructing each regulatory agency to “periodically review its existing significant regulations to determine whether any such regulations should be modified, streamlined, expanded, or repealed so as to make the agency’s regulatory program more effective or less burdensome in achieving the regulatory objectives.” While the public focus of this initiative is on reducing regulatory burdens, some of the most significant actions appear to be increasing them, as the administration’s recently proposed Tier 3 vehicle emission and fuel standard illustrates.
    Keywords: Regulation, Commentaries, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 03/31/2018
  39. Retrospective Review of Risk-Based Regulations [Download]

    Title: Retrospective Review of Risk-Based Regulations
    Author: Dudley, Susan E.
    Description: The George Washington University Regulatory Studies Center has identified retrospective review of regulations, particularly those aimed at reducing health, safety, and environmental risk, as a key research priority. As President Obama observed, “during challenging economic times …it is particularly important for agencies to conduct retrospective analyses of existing rules to examine whether they remain justified and whether they should be modified or streamlined in light of changed circumstances...” Yet effective retrospective review of regulation remains elusive, and too often, exante predictions of regulatory outcomes (reductions in health risks, benefits and costs) are not verified with empirical data ex post. To generate constructive recommendations to address this problem, RSC organized a conference on Capitol Hill to explore the possible reasons for the lack of ex post evaluation, and examine approaches to improve both the analytical tools for measuring actual effects of risk-reducing regulation, and the incentives to do so.
    Keywords: Regulation, Federal government, Commentaries, Regulatory studies, Regulatory policy, Public policy
    Date Uploaded: 03/31/2018
  40. TSA Must Subject its Controversial Passenger Screening to Public Scrutiny [Download]

    Title: TSA Must Subject its Controversial Passenger Screening to Public Scrutiny
    Author: Miller, Sofie E.
    Description: The Transportation Security Administration (TSA) has used advanced imaging technology (AIT) to screen airline passengers for weapons since 2007. While the traveling public and defenders of civil liberties have been vocally critical of the practice, those objections have largely fallen on deaf ears. That is because the TSA implemented the procedures without ever publishing a notice of proposed rulemaking or a final rule—effectively ensuring that TSA never sought comments from the public on its plan. However, this is about to change. Last week, under order from the court and six years after the controversial policy’s implementation, TSA published an economically significant proposed rule seeking comments from the public on TSA’s use of AIT. Unfortunately, TSA’s sidestepping the public in this matter is an indicator of a broader trend; more and more, agencies are issuing major final rules without any input from the public. A recent Government Accountability Office report found that for major rules promulgated between 2003 and 2010, over one-third did not go through notice-and-comment rulemaking, and are given the force of law without public input.
    Keywords: Regulation, Commentaries, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 03/31/2018
  41. 20 Years of Executive Order 12866 [Download]

    Title: 20 Years of Executive Order 12866
    Author: Miller, Sofie E.
    Description: Last week marked the 20th anniversary of Executive Order 12866, Regulatory Planning and Review, which was signed by President Clinton on September 30, 1993 and published in the Federal Register on October 4, 1993. EO 12866 built on previous regulatory oversight executive orders in establishing the process through which federal regulatory actions are reviewed by the Office of Information and Regulatory Affairs (OIRA) to ensure the consistency of agency actions with Presidential priorities, to coordinate regulatory policy between agencies, and to provide a dispassionate and analytical “second opinion” on agency actions.
    Keywords: Regulation, Commentaries, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 03/31/2018
  42. Remembering Ed Clarke: How Can We Know the Benefits of Public Decisions? [Download]

    Title: Remembering Ed Clarke: How Can We Know the Benefits of Public Decisions?
    Author: Mannix, Brian F.
    Description: Ed Clarke, who passed away last week, was the first EPA Desk Officer in OMB’s Office of Information and Regulatory Affairs when it was created in 1981. From the beginning, the EPA desk was OIRA’s liveliest, always contending with the most controversial regulatory decisions. But Ed was a wise and affable presence, and a mentor to those who came after him. His long career took him to other agencies and other countries, but it was anchored at OMB. Sometimes, Ed’s colleagues or his management found him difficult to understand, but typically that was because Ed was thinking more deeply about things than was customary in Washington. Trying to understand him was well worth the effort, though. As an example, consider the Clarke Tax, Ed’s creative solution to the core problem of Benefit-Cost Analysis: how to discover the truth about the value of public goods.
    Keywords: Regulaliton, Commentaries, Regulatory studies, Federal government, Regulatory policy, Public policy
    Date Uploaded: 03/31/2018
  43. Renewable Fuels Mandates Harm the Environment, Consumers, and Taxpayers [Download]

    Title: Renewable Fuels Mandates Harm the Environment, Consumers, and Taxpayers
    Author: Dudley, Susan
    Description: The House Committee on Energy and Commerce last week issued the first in a series of white papers examining the renewable fuel standard (RFS) that was created by the Energy Policy Act of 2005 and greatly expanded under the Energy Independence and Security Act of 2007. This bipartisan review is welcome. Fuel mandates and subsidies harm the environment, consumers, and taxpayers. They discourage innovation, and encouraging political rent-seeking, and Congress should eliminate them.
    Keywords: Regulation, Commentaries, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 03/31/2018
  44. Measuring Regulatory Activity: Pre- and Post-Shutdown [Download]

    Title: Measuring Regulatory Activity: Pre- and Post-Shutdown
    Author: Miller, Sofie E.
    Description: Until it ended last week, the government shutdown had a visible effect on the regulatory activities of federal agencies. Due to the appropriations lapse, many agencies discontinued work they did not deem necessary to protect human life and property, which meant that most regulations underway were put on hold until agencies could again fund regulatory activities.
    Keywords: Regulation, Federal government, Commentaries, Regulatory policy, Regulatory studies, Public policy
    Date Uploaded: 03/31/2018
  45. ACUS Moves Forward with Recommendations on the Use of Science in the Administrative Process [Download]

    Title: ACUS Moves Forward with Recommendations on the Use of Science in the Administrative Process
    Author: Dudley, Susan E.
    Description: After working for nearly 2 years, the Administrative Conference of the United States is nearing completion of a set of recommendations aimed at improving the use of science in the administrative process. The ACUS Committee on Regulation met last week to discuss draft recommendations informed by a report prepared by a consultant, as well as three widely-attended conferences hosted in collaboration with ACUS and the National Academy of Sciences (NAS), the George Washington University (GW), and the U.S. Small Business Administration Office of Advocacy (SBA), respectively, to which Committee members and the public were invited. The Committee tentatively agreed to focus the current set of recommendations on best practices and transparency of research.
    Keywords: Regulation, Commentaries, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 03/31/2018
  46. The Unintended Consequences of Revolving Door Laws [Download]

    Title: The Unintended Consequences of Revolving Door Laws
    Author: Law, Marc T.
    Description: Many states have revolving door regulations that restrict the private sector employment of former public sector employees. These regulations are often applied to government workers responsible for regulating industries such as utilities. The purpose of these regulations is to prevent government employees from providing favorable treatment to potential future employers (i.e. prevent regulators from being “captured” by potential future employers). Enforcing these regulations is costly, but if these laws ensure that public sector employees are focusing on the objectives of the public, then they may be warranted.
    Keywords: Regulation, Commentaries, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 03/31/2018
  47. Crises, Bootleggers, and Baptists in Regulation [Download]

    Title: Crises, Bootleggers, and Baptists in Regulation
    Author: Yandle, Bruce
    Description: The recent run up to the fiscal cliff and the looming sequester offer evidence that Washington politicians never want a serious crisis to go to waste, because crises provide opportunities to do things they otherwise couldn’t achieve. This “crisis rule” also serves as a useful accessory to a body of theory that seeks to explain the political economy of regulation. I first described the “Bootleggers & Baptists” theory of regulation in an article in Regulation magazine in 1983. The theory's name draws on colorful tales of states' efforts to regulate alcoholic beverages by banning Sunday sales at legal outlets. Baptists fervently endorsed such actions on moral grounds, while bootleggers tolerated the actions gleefully because their effect was to limit competition.
    Keywords: Regulation, Commentaries, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 03/31/2018
  48. DOE Relies on Private Benefits to Justify $3 Billion Energy Efficiency Rule [Download]

    Title: DOE Relies on Private Benefits to Justify $3 Billion Energy Efficiency Rule
    Author: Miller, Sofie E.
    Description: According to DOE’s proposed rule, furnace fans achieving these energy efficiency levels “are already commercially available for at least some, if not most, product classes covered by this proposal.” That is, in many cases, consumers already have the option to purchase a higher-cost, higher-efficiency product. The fact that consumers are not already availing themselves of this option indicates that consumers either are uninformed about the costs savings associated with purchasing the higher-efficiency products or they do not value future energy savings as much as DOE thinks they should. Neither of these constraints would be addressed by the Department’s proposed rule, which would instead set a blanket efficiency standard applicable to all consumers, regardless of preferences.
    Keywords: Regulation, Commentaries, Federal government, Regulatory policy, Regulatory studies, Public policy
    Date Uploaded: 03/31/2018
  49. Congressional Oversight: Police Controls or Fire Alarms? [Download]

    Title: Congressional Oversight: Police Controls or Fire Alarms?
    Author: Balla, Steve
    Description: What is the nature of congressional oversight of executive branch decision making? Do members of Congress oversee the work of federal agencies on a routine, ongoing basis? Or, alternatively, is congressional attention to the bureaucracy driven by disasters and other highprofile events? Arriving at an accurate sense of the balance between these two archetypes is crucial for gauging the accountability and performance of executive branch organizations operating in the American separation of powers system.
    Keywords: Regulation, Commentaries, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 03/31/2018
  50. The Affordable Care Act’s Effects on Existing Health Insurance [Download]

    Title: The Affordable Care Act’s Effects on Existing Health Insurance
    Author: King, Don
    Description: During debate leading to passage of the Patient Protection and Affordable Care Act (“Affordable Care Act” - ACA), President Obama stated: “we will keep this promise to the American people: If you like your doctor, you will be able to keep your doctor, period. If you like your health care plan, you will be able to keep your health care plan, period.” However, recently, many people have received cancellation notices from their health plan or insurer, and some have found that available alternatives do not allow them to keep their physician. The Associated Press estimated on November 2 that at least 3.5 million Americans had received cancellation notices. Given the incentives embedded in the ACA, it was actually quite predictable that many Americans would lose their health insurance. The ACA requires health plans and insurers in the group and individual markets to provide an “essential health benefits” package, prohibits them from excluding persons based on preexisting conditions, and prohibits them from basing premiums on health status. While the ACA allows health insurance that was in effect when the ACA was enacted (March 23, 2010) to be “grandfathered,” both the statute and implementing regulations impose criteria for grandfathered status that are difficult to meet.
    Keywords: Regulation, Commentaries, Federal government, Regulatory policy, Public policy, Regulatory studies
    Date Uploaded: 03/31/2018