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  1. Regulatory Consultation in the United States [Download]

    Title: Regulatory Consultation in the United States
    Author: Dudley, Susan E.
    Description: This paper provides an overview of the U.S. regulatory process to facilitate discussion of stakeholder consultation at the joint Bertelsmann Stiftung and George Washington University Regulatory Studies Center workshop on December 1, 2010. U.S. procedures for developing regulations derive from the U.S. Constitution and the 1946 Administrative Procedure Act (APA). While more recent laws and executive orders provide for additional analytical requirements, review, and consultation, the APA has guided the regulatory process and the role for the public for almost 65 years. This paper summarizes the Constitutional framework and the APA requirements, and then reviews the stages of rulemaking and the role for public consultation at each stage.
    Keywords: Regulation , Working Paper , Public Consultation, Public Policy, Regulatory Studies
    Date Uploaded: 12/14/2017
  2. eRulemaking Challenges in the United States [Download]

    Title: eRulemaking Challenges in the United States
    Author: Otis, Rick
    Description: We define eRulemaking as the application of information technology to the process of developing regulations. It offers the potential to substantially transform the process and the use of regulatory information by improving internal government operations, enhancing transparency and public engagement, creating more productive deliberation and collaboration mechanisms, reducing time delays, simplifying terminology, making document formats more consistent and understandable, and improving regulatory outcomes. It also offers the potential to better coordinate related statutes, regulations, legal reviews, compliance, enforcement, and programmatic evaluation.
    Keywords: Regulation, Working Paper, Technology, Public Policy, Regulatory Studies, Modernization
    Date Uploaded: 12/14/2017
  3. Public Commenting on Federal Agency Regulations: Research on Current Practices and Recommendations to the Administrative Conference of the United States [Download]

    Title: Public Commenting on Federal Agency Regulations: Research on Current Practices and Recommendations to the Administrative Conference of the United States
    Author: Balla, Steven
    Description: This report, commissioned by the Administrative Conference of the United States (ACUS), investigates agency practices in soliciting, circulating, and responding to public comments during the federal rulemaking process. Specifically, the report develops recommendations regarding the following aspects of the public commenting: 1. Should there be a required, or at least recommended, minimum length for a comment period? 2. Should agencies immediately make comments publicly available? Should they permit a “reply comment” period? 3. Must agencies reply to all comments, even if they take no further action on a rule for years? Do comments eventually become sufficiently “stale” that they could not support a final rule without further comment? 4. Under what circumstances should an agency be permitted to keep comments confidential and/or anonymous? 5. What effects do comments actually have on agency rules? The report considers three sources of information as the bases for developing recommendations in these areas of public commenting.
    Keywords: Regulation, Working Paper, Public Interest, Public Policy , Regulatory Studies
    Date Uploaded: 12/14/2017
  4. (Mis)Applications of Behavioral Economics to Regulation: The Importance of Public Choice Architecture [Download]

    Title: (Mis)Applications of Behavioral Economics to Regulation: The Importance of Public Choice Architecture
    Author: Smith, Adam C.
    Description: In this paper, I evaluate the recent promotion of libertarian paternalism as a viable means of coordinating market activities. In doing so, I challenge the notion that “anti-antipaternalism” logically follows from the findings in behavioral economics. For behavioral economic policy to be effective, advocates must show how policy will be rendered effectively through public institutions. I argue that the central dilemma of the field of behavioral law and economics is that it lacks analysis of the public choice architecture within which the improvement of private choice architecture would take place. Without an accompanying theory of the public institutions by which behavioral economic policy will be implemented, the promotion of these types of policy prescriptions is premature.
    Keywords: Regulation , Working Paper, Public Policy, Regulatory Studies, Behavioral Economics
    Date Uploaded: 12/14/2017
  5. Regulatory Subsidies: A Primer [Download]

    Title: Regulatory Subsidies: A Primer
    Author: Mannix, Brian F.
    Description: Subsidies are a commonplace feature of government programs, and can be found in regulatory programs as well as in budget expenditures and in the tax code. An accurate accounting of regulatory subsidies, accessible to the general public, could improve government regulation by helping to ensure that such subsidies are used only when, and to the degree that, they serve a sound public purpose. This is easier said than done, however. This paper explores the concept of a regulatory subsidy and review some examples. A more technical Appendix examines some of the obstacles to creating a clear accounting of regulatory subsidies, and suggest areas where useful studies might be pursued.
    Keywords: Regulation, Working Paper, Public Policy, Regulatory Studies, Subsidies
    Date Uploaded: 12/14/2017
  6. Regulation, Jobs, and Economic Growth: An Empirical Analysis [Download]

    Title: Regulation, Jobs, and Economic Growth: An Empirical Analysis
    Author: Sinclair, Tara M.
    Description: Claims about government regulation and its detrimental effects on job creation and economic growth are currently receiving substantial attention in the public sphere. Yet, conclusive evidence demonstrating this link between regulatory activity and macroeconomic indicators remains elusive. This paper seeks to empirically examine these linkages, using the onbudget costs of regulation over time as a proxy for federal regulatory activity. Our analysis finds that the macroeconomic effects of regulatory agency budgets as a whole as well as of subcategories of regulatory spending are indistinguishable from no effect based on the data and statistical methods available. This finding is generally robust throughout our sensitivity analysis. We explore possible explanations for this finding, as well as why our results differ from other studies on the same subject. This report highlights throughout the numerous challenges associated with both accurately measuring regulatory activity and obtaining valid estimates of its effects on the macroeconomy. It also offers recommendations moving forward on how to keep the public conversation about regulation constructive and evidence-based.
    Keywords: Regulation , Working Paper, Public Interest, Public Policy, Regulatory Studies, Job Growth, Economic Growth
    Date Uploaded: 12/14/2017
  7. Improving Causal Inferences in Risk Analysis [Download]

    Title: Improving Causal Inferences in Risk Analysis
    Author: Cox, Tony
    Description: Recent headlines and scientific articles projecting significant human health benefits from changes in exposures too often depend on unvalidated subjective expert judgments and modeling assumptions, especially about the causal interpretation of statistical associations. Some of these assessments are demonstrably biased toward false positives and inflated effects estimates. More objective, data-driven methods of causal analysis are available to risk analysts. These can help to reduce bias and increase the credibility and realism of health effects risk assessments and causal claims.
    Keywords: Regulation , Working Paper, Risk Analysis, Public Policy, Regulatory Studies, Causal Inferences
    Date Uploaded: 12/14/2017
  8. Races, Rushes, and Runs: Taming the Turbulence in Financial Trading [Download]

    Title: Races, Rushes, and Runs: Taming the Turbulence in Financial Trading
    Author: Mannix, Brian F.
    Description: Many participants, regulators, and observers of commodity and security markets have a sense that something in recent years has gone awry: that the explosive growth of high-frequency digital trading is somehow excessive, costly, unfair, and/or destabilizing. Several ideas for changing the rules have been discussed. Without a coherent explanation of exactly what is wrong, however, it can be very difficult to develop a promising remedy. The object of this paper is to offer one such explanation: that the digitization of the trading infrastructure, in combination with ubiquitous but fleeting information asymmetries, has stimulated a dramatic expansion of racing. By racing I mean the wasteful expenditure of resources in a contest to trade ahead of other market participants; that is, racing – like its cousin, queuing – is an example of a directly unproductive profit-seeking (DUP) activity whose costs erode the gains from trade that otherwise would be available to participants in the market. The paper also offers a specific remedy: the optional use of randomizing temporal buffers in the order flow.
    Keywords: Regulation , Working Paper, Financial Trading, Regulatory Studies
    Date Uploaded: 12/14/2017
  9. EPA’s Retrospective Review of Regulations: Will it Reduce Manufacturing Burdens? [Download]

    Title: EPA’s Retrospective Review of Regulations: Will it Reduce Manufacturing Burdens?
    Author: Miller, Sofie E.
    Description: Through a series of Executive Orders, President Obama has encouraged federal regulatory agencies to review existing regulations “that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned.” This paper examines the initial results of that review to understand whether actions pursued under this initiative are likely to be successful at reducing regulatory burden. Since reports suggest that the manufacturing sector bears greater regulatory burdens than other sectors3 , and that regulations issued by the Environmental Protection Agency (EPA) impose particularly high costs on this sector, the focus here is on the expected effects on the manufacturing sector of EPA’s identified reforms. The paper first reviews the President’s directives to agencies, and EPA’s retrospective review action plan. It then examines the effect of EPA regulations on the manufacturing sector through several different lenses. Finally, it evaluates the regulatory actions EPA identified through its retrospective analysis to determine whether they can be expected to reduce regulatory burdens on the manufacturing sector.
    Keywords: Regulation, Working Paper, Environmental Policy, Public Policy, Regulatory Studies, Regulatory Policy, Environmental Protection Agency
    Date Uploaded: 12/14/2017
  10. Determining the Proper Scope of Climate Change Benefits [Download]

    Title: Determining the Proper Scope of Climate Change Benefits
    Author: Gayer, Ted
    Description: Although benefit assessment principles are well established for defined populations, there has been very little attention to how one defines the scope of the pertinent population for the assessment. Whose social welfare matters and whose benefits should be included in the assessment? Should there be any linkage between the benefits and the political jurisdiction whose citizens are paying for the policy? For national regulatory policies, the norm has been to assess benefits to U.S. citizens. This article reviews the norms for the scope of benefit assessment base on executive orders and the laws governing risk and environmental regulations.
    Keywords: Regulation, Working Paper, Public Interest, Public Policy, Regulatory Studies, Environment, Climate Change
    Date Uploaded: 12/14/2017
  11. Bank Disclosure and Incentives [Download]

    Title: Bank Disclosure and Incentives
    Author: Ray, Korok
    Description: In this working paper, Korok Ray proposes a microeconomic model of a bank that acts as a financial intermediary engaging in maturity transformation, borrowing short-term debt from a market of investors to fund a long term loan to a firm. The bank installs a manager who exerts costly effort to reduce the credit risk of the loan portfolio. Disclosing this credit risk to the market increases the manager’s incentives for risk management. The market rewards the manager’s early efforts to manage risk with a lower future cost of debt. When paid on bank equity, the manager is induced to better manage risk. Disclosure therefore helps resolve the moral hazard problem inside banks.
    Keywords: Regulation , Working Paper, Public Interest, Public Policy, Regulatory Studies, Banking
    Date Uploaded: 12/14/2017
  12. Improving Regulatory Accountability: Lessons from the Past and Prospects for the Future [Download]

    Title: Improving Regulatory Accountability: Lessons from the Past and Prospects for the Future
    Author: Dudley, Susan E.
    Description: This article examines efforts by the three branches of federal government to oversee regulatory policy and procedures. It begins with a review of efforts over the last century to establish appropriate checks and balances on regulations issued by the executive branch, and then evaluates current regulatory reforms that would hold the executive branch, the legislative branch, and the judicial branch more accountable for regulations and their outcomes.
    Keywords: Regulation , Working Paper, Public Interest, Public Policy, Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/14/2017
  13. Achieving Regulatory Policy Objectives: An Overview and Comparison of U.S. and EU Procedures [Download]

    Title: Achieving Regulatory Policy Objectives: An Overview and Comparison of U.S. and EU Procedures
    Author: Dudley, Susan E.
    Description: This paper aims to provide a descriptive analysis of procedural differences in regulatory development between the United States and the European Union to serve as a factual basis for understanding the regulatory challenges and opportunities for transatlantic trade. It summarizes regulatory procedures in each jurisdiction, dividing the process for establishing regulations into four stages: 1) agenda setting, 2) regulatory development, 3) final determination and opportunities for challenge, and 4) implementation and enforcement. After presenting the procedures in the U.S. and EU, the paper compares how the shared goals for achieving a regulatory system that is evidence based, transparent, and accountable are achieved in the two jurisdictions.
    Keywords: Regulation , Working Paper, Public Policy, Regulatory Studies, Regulatory Policy, United States, European Union
    Date Uploaded: 12/14/2017
  14. Notice & Comment: How Agencies Use Advance Notices of Proposed Rulemaking [Download]

    Title: Notice & Comment: How Agencies Use Advance Notices of Proposed Rulemaking
    Author: Arumugam, Saayee
    Description: On June 4, 2015, Susan E. Dudley appeared before a Roundtable Discussion of the Senate Subcommittee on Regulatory Affairs and Federal Management and gave testimony on practical solutions for improving the federal regulatory process. During the discussion, members of the subcommittee mentioned the possibility of using advance notices of proposed rulemaking (ANPRMs) to improve public participation in the rulemaking process. For example, Congress is considering legislation that would require ANPRMs for all major regulations and rules that raise novel legal and policy issues. The Administrative Procedure Act does not require, or even mention, ANPRMs. ANPRMs are different from proposed rules in that they don’t typically present a particular policy proposal on which the public can comment. Instead, they might seek comments from the public on more general topics, such as what type of information hydraulic fracturing operations should report or how to subject grocery stores to implementation of the FDA Food Safety Modernization Act. These ANPRMs are intended to gather data or perspectives from the public before the agency has settled on a specific policy solution or group of specific policy solutions.
    Keywords: Regulation, Working Paper, Public Interest, Public Policy, Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/14/2017
  15. Can Fiscal Budget Concepts Improve Regulation? [Download]

    Title: Can Fiscal Budget Concepts Improve Regulation?
    Author: Dudley, Susan E.
    Description: Despite efforts to ensure that new regulations provide net benefits to citizens, the accumulation of regulations threatens economic growth and well-being. As a result, the U.S. legislature is exploring the possibility that applying fiscal budgeting concepts to regulation could bring more accountability and transparency to the regulatory process. This paper examines the advantages and challenges of applying regulatory budgeting practices, and draws some preliminary conclusions based on successful experiences in other countries.
    Keywords: Regulation, Working Paper, Fiscal Budget, Public Policy, Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/14/2017
  16. Whose Benefits Are They, Anyway? Examining the Benefits of Energy Efficiency Rules 2007 - 2014 [Download]

    Title: Whose Benefits Are They, Anyway? Examining the Benefits of Energy Efficiency Rules 2007 - 2014
    Author: Miller, Sofie E.
    Description: The Energy Policy and Conservation Act authorizes the Department of Energy (DOE) to establish energy efficiency standards for consumer appliances that are both technologically feasible and economically justified, while also resulting in a “significant conservation of energy.” To justify its regulations, DOE relies almost entirely on two specific types of regulatory benefits: the cost savings consumers are estimated to enjoy over the life of a more energy efficient appliance, and international benefits associated with reducing the impacts of climate change. To explore these benefits, this paper first examines the composition of benefits from energy efficiency regulations as reported by the Department of Energy over the past 10 years. It then examines arguments for and against inclusion of these benefits in regulatory impact analysis, including whether attributing large private benefits to energy efficiency rules is consistent with standard economic assumptions of consumer sovereignty, and the appropriateness of including international benefits in domestic rulemakings.
    Keywords: Regulation, Working Paper, Energy Efficiency, Public Interest, Public Policy , Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/14/2017
  17. Regulatory Science and Policy: A Case Study of the National Ambient Air Quality Standards [Download]

    Title: Regulatory Science and Policy: A Case Study of the National Ambient Air Quality Standards
    Author: Dudley, Susan E.
    Description: When it comes to environmental regulation, no one is immune to the temptation to put a spin on science to advance a policy goal. While the media will decry the politicization of science – when political decision-makers attempt to distort what scientific studies conclude, problems also arise when scientists and others attempt to exert influence on policy decisions by selectively presenting, or even distorting, scientific findings (scientization of policy). This paper focuses on the scientization of policy, and defines and examines two contributors: the “positive-normative fallacy” (not acknowledging that science alone is insufficient to resolve normative policy questions) and “hidden policy judgments” (not acknowledging the policy judgments inherent in assessments of risk). It examines the process by which the Environmental Protection Agency sets National Ambient Air Quality Standards (NAAQS) under the Clean Air Act to illustrate some of the perverse incentives involved in developing regulations, and offers possible mechanisms to improve those incentives and resulting policy.
    Keywords: Regulation , Working Paper, Environmental Policy, Public Policy, Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/14/2017
  18. Learning from Experience: Retrospective Review of Regulations in 2014 [Download]

    Title: Learning from Experience: Retrospective Review of Regulations in 2014
    Author: Miller, Sofie E.
    Description: Through a series of Executive Orders, President Obama has encouraged federal regulatory agencies to review existing regulations “that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned.” Evaluating whether the intended outcomes of regulations are met ex post can be challenging, so multiple government guidelines instruct agencies to incorporate retrospective review plans into their proposals during the rulemaking process. To support this effort, the George Washington University Regulatory Studies Center examined significant regulations proposed in 2014 to assess whether they included plans for retrospective review, and provided recommendations for how best to do so. This paper finds that, despite these guidelines, agencies are not planning prospectively for ex post analysis of their rules and provides agencies with three recommendations to facilitate transparency, public accountability, and measurement of their rules’ success.
    Keywords: Regulation, Working Paper, Public Interest, Public Policy, Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/14/2017
  19. Identifying Regulations Affecting International Trade and Investment: Better Classification Could Improve Regulatory Cooperation [Download]

    Title: Identifying Regulations Affecting International Trade and Investment: Better Classification Could Improve Regulatory Cooperation
    Author: Pérez, Daniel R.
    Description: Although technological and political innovations have reduced many of the traditional barriers to international trade and investment flows, regulatory differences between countries persist as lingering barriers to trade. Countries agree that notifying each other of upcoming regulations that may affect international trade and investment is an important mechanism of international regulatory cooperation, which attempts to minimize the creation of unnecessary and costly regulatory divergence. Since 2008 regulatory agencies in the United States have been required to flag regulations they intend to issue that are likely to have an effect on international trade and investment. This paper quantifies how many of the thousands of rules published every year by U.S. agencies are likely to have a significant effect on international trade and investment and analyzes how well agencies are performing at flagging these rules. The results indicate that there is much room for improvement in notifying trade partners and expanding stakeholder participation to improve the outcomes of rulemaking.
    Keywords: Regulation, Working Paper, International Trade, Investment, Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/14/2017
  20. Regulation, Innovation, & Entrepreneurship: A Review of the Literature [Download]

    Title: Regulation, Innovation, & Entrepreneurship: A Review of the Literature
    Author: Zárate Moreno, Ana Maria
    Description: The impact of regulation on innovation and entrepreneurship is a concern all over the world. The regulatory environment in which firms interact can hinder or contribute to the creation and early stage growth of new businesses as well as to the innovative process within a market. This document reviews the empirical literature that explores the relationship between regulation and innovation and regulation and entrepreneurship, focusing on the effects of regulatory quality across countries. As expected, most empirical analyses find a relationship between regulatory restrictions and entrepreneurship. Moreover, the analysis illustrates the complexity of the effect of regulation on innovation. The thematic analysis conducted in this literature review indicates that institutions matter for economic activities and that regulation, as an important part of the institutional environment, is a central aspect of the ecosystem for innovation and entrepreneurial engagement.
    Keywords: Regulation, Working Paper, Innovation, Entrepreneurship, Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/12/2017
  21. Regulatory Reforms to Enhance Competition: Recommendations for Implementing Executive Order 13725 [Download]

    Title: Regulatory Reforms to Enhance Competition: Recommendations for Implementing Executive Order 13725
    Author: Miller, Sofie E.
    Description: Since the formation of the U.S. federal regulatory system, regulations have had a significant influence on marketplace competition. Regulations often seek to improve competition by restraining monopolies; others tend to reduce competition by establishing one-size-fits-all standards for consumer products or acting as nontariff barriers limiting competition from foreign trade partners. Recognizing the importance of this relationship, on April 15th President Barack Obama signed an Executive Order instructing federal agencies to identify and address barriers to competition. This Executive Order provides agencies with a valuable opportunity to reevaluate existing rules that create barriers to competition.
    Keywords: Regulation , Working Paper, Politics, Public Policy, Regulatory Policy
    Date Uploaded: 12/12/2017
  22. Improving the Accountability of Federal Regulatory Agencies, Part I: A Review of Government-Wide Efforts [Download]

    Title: Improving the Accountability of Federal Regulatory Agencies, Part I: A Review of Government-Wide Efforts
    Author: Peacock, Marcus
    Description: Policymakers in the United States show persistent interest in improving the accountability of federal regulatory agencies. Before mandating further requirements, Congress and the President should (1) identify government-wide accountability initiatives that were already attempted at regulatory agencies and (2) assess the outcome of those efforts. The relative success or failure of these efforts could help guide the design and implementation of future regulatory reforms. This Regulatory Insight is the first in a series of 3 on this topic. It fulfills the first of these tasks by identifying eight major government-wide accountability initiatives in the United States that were also implemented at regulatory agencies.
    Keywords: Regulation, Working Paper , Politics, Public Policy, Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/12/2017
  23. Improving the Accountability of Federal Regulatory Agencies: Part II: Assessing Eight Government-wide Accountability Reforms [Download]

    Title: Improving the Accountability of Federal Regulatory Agencies: Part II: Assessing Eight Government-wide Accountability Reforms
    Author: Peacock, Marcus
    Description: Greater accountability at regulatory agencies is desirable because (1) the public has a right to know how government affects society and (2) greater accountability improves agency performance. As described in the previous Insight in this series, the United States attempted eight major government-wide initiatives to increase accountability at federal agencies, including regulatory agencies. This Insight reviews public and expert opinion, which indicate these initiatives failed to improve accountability. New proposals to improve accountability at regulatory agencies could benefit from understanding why previous efforts fell short. The next Insight in this series will examine what lessons we can learn from the failure of these eight initiatives.
    Keywords: Regulation, Working Paper, Politics, Public Policy, Regulatory Studies, Regulatory Policy, Accountability
    Date Uploaded: 12/12/2017
  24. Structure vs. Process: Examining the Interaction between Bureaucratic Organization and Analytical Requirements [Download]

    Title: Structure vs. Process: Examining the Interaction between Bureaucratic Organization and Analytical Requirements
    Author: Shapiro, Stuart
    Description: Attempts by politicians to control bureaucratic decisions include both structural (how is the agency making the decision organized) and procedural (what rules must they follow when making the decision). But how do these procedures interact? This article examines the interaction between bureaucratic structure and one procedural control, the requirement that agencies conduct an analysis of their decisions prior to their issuance. I look at this interaction in the context of two types of analysis, cost-benefit analysis and environmental impact assessment. I interview 16 individuals in each field and draw from their experiences. The conduct of analysis is affected by where analysts are placed in agencies. In particular independence of analysts has a tradeoff. The more independent analysts are, the more likely they can challenge preferred decisions in their agency. But independent analysts are brought into decisions later and may have limited long term impacts on agency culture. Despite this tradeoff, analysts expressed a clear preference for independence. The interaction between different controls of bureaucratic behavior is a potentially fruitful line for further research.
    Keywords: Regulation, Working Paper, Cost-Benefit Analysis, Environmental Impact Assessment, Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/12/2017
  25. Evaluation at EPA: Determinants of the Environmental Protection Agency's Capacity to Supply Program Evaluation [Download]

    Title: Evaluation at EPA: Determinants of the Environmental Protection Agency's Capacity to Supply Program Evaluation
    Author: Hart, Nick
    Description: Since the inception of the U.S. Environmental Protection Agency (EPA), considerable emphasis has been placed on the use of prospective policy analysis tools that aim to inform environmental decisions, including cost-benefit analysis and risk assessment. However, compared to the prevalence of ex ante analysis at the EPA to inform decisions, relatively little evaluation of these same environmental policies is conducted after implementation, to inform future policy development or to modify existing policies. This research considered processes and determinants that affect evaluation supply at the EPA. The research relied on archival documents, semi-structured interviews, and case studies of EPA’s ambient air, hazardous waste, and performance partnership programs. Ten key factors were identified across the three case studies that constituted both barriers to and facilitators of evaluation. This research concludes that evaluation has much to offer EPA decision-makers, and efforts to improve evaluation capacity will present organizational learning opportunities that can further support the agency's evidence-building practices, specifically improving the application and use of program evaluation at EPA.
    Keywords: Regulation, Working Paper , Environmental Policy, Public Policy , Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/12/2017
  26. Improving the Accountability of Federal Regulatory Agencies, Part III: What Reforms Work Best [Download]

    Title: Improving the Accountability of Federal Regulatory Agencies, Part III: What Reforms Work Best
    Author: Peacock, Marcus
    Description: Eight major U.S. government reform initiatives failed to significantly improve the accountability of federal agencies. This third of a three-part series identifies (1) lack of sustained leadership and (2) unfaithful execution by agencies as two reasons for these failures. The problem of inadequate leadership could be addressed by adopting more modest reforms (incrementalism) and/or codifying the reform(s) into law. The obstacle of unfaithful execution could be overcome by creating or engaging an objective third party to implement or enforce implementation of the reform and/or creating competition among agencies that provides incentives for embracing reform. Using these lessons, three characteristics of regulatory reforms that will work are identified: codification in law; creation of an independent organization to help execute the law; and establishing a framework for interagency competition.
    Keywords: Regulation, Working Paper, Accountability, Public Policy, Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/12/2017
  27. How Declining Budgets at U.S. Regulatory Agencies Could Improve Performance [Download]

    Title: How Declining Budgets at U.S. Regulatory Agencies Could Improve Performance
    Author: Peacock, Marcus
    Description: Although spending on U.S. regulatory programs has doubled in the last 20 years, that trend is unlikely to last. How these programs manage budget cuts will determine whether downsizing harms or helps regulatory performance. Leaders of regulatory agencies must avoid satisfying tighter budgets with temporary “mindless austerity” measures that anger workers. Instead managers should use scarcity to find, with workers, “frugal innovations” that can significantly and permanently improve program value.
    Keywords: Regulation , Working Paper, Economic Analysis, Politics, Public Policy, Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/05/2017
  28. Utilizing Behavioral Insights (without Romance): An Inquiry into the Choice Architecture of Public Decision-Making [Download]

    Title: Utilizing Behavioral Insights (without Romance): An Inquiry into the Choice Architecture of Public Decision-Making
    Author: Smith, Adam C.
    Description: Behavioral economics has been employed in a number of policy applications over the last decade. From energy requirements to tax compliance to consumer finance, policymakers are increasingly operating under the assumption that people consistently fail to make rational choices. While the benefit of this policy trend remains an open debate, behavioral economists have long neglected a complementary examination of public decision-makers themselves. By comparing two public agencies influenced by behavioral economics, the U.S. Consumer Financial Protection Bureau and U.K. Behavioral Insights Team, I show how different institutions create divergent policy outcomes across the two agencies in a way that cannot be accounted for without incorporating public choice theory. I argue that improvement of private choice architecture must be accompanied by careful understanding of the public choice architecture in which policies are rendered if behavioral economics is to be a successful foundation for welfare-improving policies.
    Keywords: Regulation , Working Paper, Behavioral Economics, Public Policy, Regulatory Studies, Regulatory Policy, Psychology
    Date Uploaded: 12/05/2017
  29. Congressional Review Act Fact Sheet [Download]

    Title: Congressional Review Act Fact Sheet
    Author: Pérez, Daniel R.
    Description: Congress enacted the Congressional Review Act (CRA) on March 29, 1996 as part of the Small Business Regulatory Enforcement Fairness Act (SBREFA) in an effort to increase its oversight of federal agency rulemaking. The CRA includes several parliamentary mechanisms, explained below, that enable Congress to disapprove a final rule issued by a federal agency.
    Keywords: Regulation , Working Paper, Politics, Public Policy, Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/05/2017
  30. Implementing a Two-for-One Regulatory Requirement in the U.S. [Download]

    Title: Implementing a Two-for-One Regulatory Requirement in the U.S.
    Author: Peacock, Marcus
    Description: President-elect Trump committed to “a requirement that for every new federal regulation, two existing regulations need to be eliminated” or what could be called a “two-for-one” requirement. The implementation of such a regulatory “pay as you go” process raises a number of issues including: what constitutes a “new regulation”; how offsets should be measured; estimating and managing additional analytic and administrative workload; enforcement; and how to increase the likelihood such a policy survives the next presidential transition. This working paper presents the advantages and disadvantages of various options for implementing a two-for-one policy, and also discusses the role of regulatory benefits estimates in such a system.
    Keywords: Regulation , Working Paper, Politics, Public Policy, Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/05/2017
  31. Ten Regulatory Process Reforms President-Elect Trump Could Undertake [Download]

    Title: Ten Regulatory Process Reforms President-Elect Trump Could Undertake
    Author: Dudley, Susan E.
    Description: President-elect Trump has promised to “reform the entire regulatory code to ensure that we keep jobs and wealth in America.”To that end, scholars at the George Washington University Regulatory Studies Center offer a list of 10 reforms to regulatory processes that could be accomplished through executive action. While other potential reforms could be achieved through the courts or by working with congress, these reforms focus on actions that are within the purview of the executive branch.
    Keywords: Regulation , Working Paper, Politics, Public Policy, Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/05/2017
  32. Consumer’s Guide to Regulatory Impact Analysis: Ten Tips for Being an Informed Policymaker [Download]

    Title: Consumer’s Guide to Regulatory Impact Analysis: Ten Tips for Being an Informed Policymaker
    Author: Dudley, Susan
    Description: Regulatory impact analysis (RIA) weighs the benefits of regulatory proposals against the burdens they impose. Even regulatory policies that are ultimately decided on political, legal, ethical, or other grounds will benefit from the structured evaluation of tradeoffs and alternatives that a good RIA provides. Although RIAs are a core feature of regulatory practice in the United States and other countries (OECD, 2016) there is increasing concern that they are “used to justify decisions already made, rather than to inform those decisions” (Carrigan & Shapiro, 2016). RIAs often serve as legal documents, running hundreds or even thousands of pages, prepared by agencies in a defensive posture in anticipation of litigation. Observers argue that RIAs “often omit consideration of meaningful alternatives and are so detailed that they are practically indecipherable” (Carrigan & Shapiro, 2016). U.S. regulatory agencies develop RIAs before issuing significant new regulations, and non-governmental interests may also present their own analyses of how different policies will affect outcomes. Dense or complex RIAs can be challenging for policy officials and interested parties to comprehend and interpret, making it difficult to distinguish facts from conjecture and to understand the likely consequences of alternative policy choices (Ellig & Abdukadirov, 2015). While numerous technical guidelines exist to aid development of RIAs (OMB, 2003; OMB 2010; OECD, 2008), none is geared toward non-specialist policymakers and interested stakeholders who will be reading RIAs as consumers. This guide attempts to fill that gap. It first reviews the purpose of RIA, and then offers policy makers and other consumers of RIAs 10 tips for asking informed questions when reviewing and interpreting them.
    Keywords: Regulation , Consumer Rights , Economic Analysis , Public Interest, Public Policy, Regulatory Studies , Regulatory Policy
    Date Uploaded: 12/05/2017
  33. The Next Regulatory Czar [Download]

    Title: The Next Regulatory Czar
    Author: Dudley, Susan E.
    Description: To accomplish his promised overhaul of the U.S. regulatory system, President Trump will need the help of a small office that most people outside of Washington have never heard of. The Office of Information & Regulatory Affairs (OIRA, pronounced Oh-Eye-Ruh), established in 1980, oversees the regulatory, information collection, and statistical activities of federal executive branch agencies. Like its budget counterparts in the Office of Management and Budget (OMB), it provides the president with a tool to check agencies’ natural proclivity to want more (whether it’s more budget resources or more regulatory authority). As President Trump prepares to announce his nominee to be OIRA administrator, this Regulatory Insight provides an inside look at the functions of this important office, its origins and procedures, and why some (including this author) say the job of OIRA administrator is the best job in Washington.
    Keywords: Regulation, Working Paper, Politics, Public Interest, Public Policy, Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/05/2017
  34. Retrospective evaluation of chemical regulations [Download]

    Title: Retrospective evaluation of chemical regulations
    Author: Dudley, Susan E.
    Description: OECD countries rely on regulatory tools to manage potential risks from exposure to targeted chemicals. Ex-ante regulatory impact assessment has a long tradition in many OECD countries, with established analytical steps and oversight as well as opportunities for public engagement to hold governments accountable for conducting analysis before regulations are issued. But ex-ante analyses necessarily depend on unverifiable assumptions and models of how the world would look absent the regulation, and how responses to regulatory requirements will alter those conditions. In essence, ex-ante analyses are hypotheses of the effects of regulatory actions.
    Keywords: Regulation , Chemical risk, Regulatory studies, Evaluation, Environment, Benefit-cost analysis, Public Policy
    Date Uploaded: 12/05/2017
  35. Shining a Light on Regulatory Costs [Download]

    Title: Shining a Light on Regulatory Costs
    Author: Mannix, Brian F.
    Description: President Trump’s Executive Order 13771, Reducing Regulation and Controlling Regulatory Costs, has caused some confusion among the analysts, inside and outside federal agencies, who forecast the economic effects of regulations. Which effects should count as costs and which as benefits? It sounds like it should be an easy question, but it is not. Here are some wrinkles to consider.
    Keywords: Regulation , Working Paper, Cost-Analysis, Public Policy, Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/05/2017
  36. Reforming the Energy Policy and Conservation Act: Learning from Experience on Energy Efficiency [Download]

    Title: Reforming the Energy Policy and Conservation Act: Learning from Experience on Energy Efficiency
    Author: Miller, Sofie E.
    Description: The Energy Policy and Conservation Act of 1975 (EPCA), as amended, grants the Department of Energy (DOE) broad authority to regulate the maximum energy intensiveness of everyday household appliances such as microwaves and dishwashers. As the pace of these energy efficiency regulations has increased, the effects of these standards—and the analyses on which they are based—reveal a need to revisit this statutory authority to reduce burdens for consumers.
    Keywords: Regulation , Working Paper, Energy, Public Interest, Public Policy, Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/05/2017
  37. Improving Regulatory Science: A Case Study of the National Ambient Air Quality Standards [Download]

    Title: Improving Regulatory Science: A Case Study of the National Ambient Air Quality Standards
    Author: Dudley, Susan E.
    Description: This paper explores the motivations and institutional incentives of participants involved in the development of regulation aimed at reducing health risks, with a goal of understanding and identifying solutions to what the Bipartisan Policy Center has characterized as “a tendency to frame regulatory issues as debates solely about science, regardless of the actual subject in dispute, [that] is at the root of the stalemate and acrimony all too present in the regulatory system today.” We focus our analysis with a case study of the procedures for developing National Ambient Air Quality Standards under the Clean Air Act, and attempt to identify procedural approaches that bring greater diversity (in data, expertise, experience, and accountability) into the decision process.
    Keywords: Regulation , Working Paper, Public Interest, Public Policy, Regulatory Studies, Regulatory Policy, Environment, Public Health
    Date Uploaded: 12/05/2017
  38. U.S. Health Care Reform: Universal Insurance or Affordable Care? [Download]

    Title: U.S. Health Care Reform: Universal Insurance or Affordable Care?
    Author: King, Don W.
    Description: The U.S. leads the world in scientific discovery and medical innovation, and recent studies suggest that for many clinical conditions, U.S. patients have outcomes superior to or equivalent to those in other industrialized countries. However, U.S health insurance and medical care are very expensive, and Americans may be spending more on health care than is necessary to achieve the highest quality. While there are undoubtedly many reasons that insurance and care are expensive, present federal and state policies appear to be important factors.
    Keywords: Regulation , Health Care, Working Paper, Economic Analysis, Public Interest, Public Policy , Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/05/2017
  39. Agricultural Statistics: Transatlantic Agriculture & Regulation Working Paper Series: No. 1 [Download]

    Title: Agricultural Statistics: Transatlantic Agriculture & Regulation Working Paper Series: No. 1
    Author: Dudley, Susan E.
    Description: As part of a cooperative agreement with the United States Department of Agriculture (USDA), the George Washington University Regulatory Studies Center produced a five-chapter report on regulatory differences between the United States (U.S.) and the European Union (EU) and their effects on agricultural productivity. Those chapters are published here as a working paper series with five parts. This chapter provides an overview of key statistical comparisons between the agricultural sectors of the U.S. and the EU. Its purpose is to highlight key economic indicators, describe the role that agriculture plays in each economy, and highlight differences in each jurisdiction’s respective factor endowments and trade patterns. In addition, this chapter updates key statistics contained within the USDA Economic Research Service’s (ERS) 2004 report: U.S. – EU Food and Agricultural Comparison
    Keywords: Regulation , Working Paper, Economic Analysis, Public Interest, Public Policy , Regulatory Studies, Regulatory Policy, Agriculture
    Date Uploaded: 12/05/2017
  40. Agricultural Productivity and the Impact of Regulation: Transatlantic Agriculture & Regulation Working Paper Series: No. 2 [Download]

    Title: Agricultural Productivity and the Impact of Regulation: Transatlantic Agriculture & Regulation Working Paper Series: No. 2
    Author: Prasad, Aryamala
    Description: As part of a cooperative agreement with the United States Department of Agriculture (USDA), the George Washington University Regulatory Studies Center produced a five-chapter report on regulatory differences between the United States (U.S.) and the European Union (EU) and their effects on agricultural productivity. Those chapters are published here as a working paper series with five parts. This chapter provides focuses on the impact of agricultural policy, specifically regulation, in influencing agricultural productivity across jurisdictions. It begins by tracing agricultural growth in the EU and U.S. to illustrate their respective trends for agricultural productivity. Then, drawing from the literature, it identifies measures and methodologies used to estimate the impact of regulation on productivity. Finally, it outlines important differences regarding how regulations can affect agricultural productivity and other measures of agricultural performance such as output and production costs in the EU and the U.S.
    Keywords: Regulation , Working Paper, Economic Analysis, Public Interest, Public Policy, Regulatory Studies, Regulatory Policy , Agriculture
    Date Uploaded: 12/05/2017
  41. Transatlantic Approaches to Agriculture Policy: Transatlantic Agriculture & Regulation Working Paper Series: No. 3 [Download]

    Title: Transatlantic Approaches to Agriculture Policy: Transatlantic Agriculture & Regulation Working Paper Series: No. 3
    Author: Dudley, Susan E.
    Description: As part of a cooperative agreement with the United States Department of Agriculture (USDA), the George Washington University Regulatory Studies Center produced a five-chapter report on regulatory differences between the United States (U.S.) and the European Union (EU) and their effects on agricultural production and productivity. Those chapters are published here as a working paper series with five parts. This chapter reviews the institutions and procedures governing regulatory development in the U.S. and EU, details several notable differences in their respective regulatory approaches towards agriculture, and then presents and compares relevant regulations affecting agricultural production in each jurisdiction. It first provides an overview of the U.S. and EU procedures for developing and implementing regulation and how they differ. It then describes how the jurisdictions approach regulation of the agricultural sector. Finally, it discusses five areas of agricultural policy: (i) agri-environmental regulations, (ii) organic farming, (iii) genetically modified organisms (GMO), (iv) pesticides, and (v) fertilizers. The regulations discussed are initiated at the EU level and the U.S. federal level. The roles of member states (in the EU) and states (in the U.S) are outlined wherever applicable, but a complete accounting of the effects of implementation and enforcement present at this level falls outside the scope of this paper.
    Keywords: Regulation , Working Paper, Economic Analysis, Public Interest, Public Policy, Regulatory Studies, Regulatory Policy, Agriculture
    Date Uploaded: 12/05/2017
  42. Water Pollution from Agriculture: Transatlantic Agriculture & Regulation Working Paper Series: No. 4 [Download]

    Title: Water Pollution from Agriculture: Transatlantic Agriculture & Regulation Working Paper Series: No. 4
    Author: Linquiti, Peter
    Description: As part of a cooperative agreement with the United States Department of Agriculture (USDA), the George Washington University Regulatory Studies Center produced a five-chapter report on regulatory differences between the United States (U.S.) and the European Union (EU) and their effects on agricultural production and productivity. Those chapters are published here as a working paper series with five parts. This chapter reviews how the U.S. and EU regulate water pollution from agriculture, particularly nutrient contamination from fertilizer use on crops and from the management of manure from livestock. The chapter first reviews the core environmental problem—the process by which nutrient pollution occurs and the adverse environmental and human health consequences it causes. It also provides a broad overview of the institutions and policy frameworks that shape water quality polices relevant to agriculture in the two jurisdictions and proceeds by characterizing the specific policy instruments used in the U.S. and the EU to implement these broader policy frameworks. The chapter concludes by describing the on-the-ground implementation experience and the degree to which retrospective program evaluations are performed.
    Keywords: Regulation, Working Paper, Economic Analysis, Public Interest, Public Policy , Regulatory Studies, Regulatory Policy, Agriculture, Pollution
    Date Uploaded: 12/05/2017
  43. Regulatory Impact on Corn Farming: Transatlantic Agriculture & Regulation Working Paper Series: No. 5 [Download]

    Title: Regulatory Impact on Corn Farming: Transatlantic Agriculture & Regulation Working Paper Series: No. 5
    Author: Pérez, Daniel R.
    Description: As part of a cooperative agreement with the United States Department of Agriculture (USDA), the George Washington University Regulatory Studies Center produced a five-chapter report on regulatory differences between the United States (U.S.) and the European Union (EU) and their effects on agricultural production and productivity. Those chapters are published here as a working paper series with five parts. This chapter examines the impact of environmental and food safety regulations on corn production in the U.S. and EU. We provide quantitative estimates for differences in farm-level outcomes that result from different regulatory requirements between jurisdictions. The chapter begins by identifying and discussing regulations affecting corn production and proceeds to estimate the economic impact of each regulation at the farm level. We selected France and Spain as case studies to illustrate the differences that result from EU member states’ translation and implementation of agricultural regulations at the country level. Our use of a typical farm approach is meant to demonstrate relative differences in outcomes for farms among different jurisdictions rather than provide an exhaustive list of the costs facing a representative corn farm within any particular geographic region.
    Keywords: Agriculture, Regulation, Working Paper, Economic Analysis, Public Interest, Public Policy, Regulatory Studies, Regulatory Policy
    Date Uploaded: 12/05/2017
  44. Measuring Costs and Benefits of Privacy Controls: Conceptual Issues and Empirical Estimates [Download]

    Title: Measuring Costs and Benefits of Privacy Controls: Conceptual Issues and Empirical Estimates
    Author: Cordes, Joseph J.
    Description: As more and more items of personal information become potentially available to internet providers, the government, and employers, a lively debate has emerged about the role of public policy in ensuring a proper balance between the various parties who may benefit from greater access to information, and the protection of individual rights to privacy.
    Keywords: Regulatory Policy , Regulation , Working Paper, Economic Analysis, Public Interest , Public Policy , Regulatory Studies, Administrative Law
    Date Uploaded: 12/05/2017
  45. DC Statehood Constitutional Convention Transcript, Box 03, Folder 03 (April 12, 1982) [Download]

    Title: DC Statehood Constitutional Convention Transcript, Box 03, Folder 03 (April 12, 1982)
    Author: District of Columbia Statehood Constitutional Convention
    Description: Meeting of the District of Columbia Statehood Constitutional Convention, MS2094
    Keywords:
    Date Uploaded: 10/09/2017
  46. DC Statehood Constitutional Convention Transcript, Box 03, Folder 02 (April 10, 1982) [Download]

    Title: DC Statehood Constitutional Convention Transcript, Box 03, Folder 02 (April 10, 1982)
    Author: District of Columbia Statehood Constitutional Convention
    Description: Meeting of the District of Columbia Statehood Constitutional Convention, MS2094
    Keywords:
    Date Uploaded: 10/09/2017
  47. DC Statehood Constitutional Convention Transcript, Box 09, Folder 11 (May 29, 1982) [Download]

    Title: DC Statehood Constitutional Convention Transcript, Box 09, Folder 11 (May 29, 1982)
    Author: District of Columbia Statehood Constitutional Convention
    Description: Meeting of the District of Columbia Statehood Constitutional Convention, MS2094
    Keywords: Washingtoniana
    Date Uploaded: 10/06/2017
  48. DC Statehood Constitutional Convention Transcript, Box 09, Folder 12 (May 29, 1982) [Download]

    Title: DC Statehood Constitutional Convention Transcript, Box 09, Folder 12 (May 29, 1982)
    Author: District of Columbia Statehood Constitutional Convention
    Description: Meeting of the District of Columbia Statehood Constitutional Convention, MS2094
    Keywords: Washingtoniana
    Date Uploaded: 10/06/2017
  49. DC Statehood Constitutional Convention Transcript, Box 09, Folder 10 (May 27, 1982) [Download]

    Title: DC Statehood Constitutional Convention Transcript, Box 09, Folder 10 (May 27, 1982)
    Author: District of Columbia Statehood Constitutional Convention
    Description: Meeting of the District of Columbia Statehood Constitutional Convention, MS2094
    Keywords: Washingtoniana
    Date Uploaded: 10/06/2017
  50. DC Statehood Constitutional Convention Transcript, Box 09, Folder 06 (May 26, 1982) [Download]

    Title: DC Statehood Constitutional Convention Transcript, Box 09, Folder 06 (May 26, 1982)
    Author: District of Columbia Statehood Constitutional Convention
    Description: Meeting of the District of Columbia Statehood Constitutional Convention, MS2094
    Keywords: Washingtoniana
    Date Uploaded: 10/06/2017