Historically, Congress has delegated great authority to the executive branch when it came to regulatory matters. For the most part, the executive branch has had a free hand, and when regulators exceed the law, effective pushback frequently has come via the judicial branch.

Lately, however, Congress started asserting itself back into regulatory decisionmaking by using the Congressional Review Act to curb new regulations. But the executive branch struck back: President Donald J. Trump recently mandated a regulatory budget, the workings of which will be decided by his Office of Management and Budget.

In light of these developments, what role should Congress play in regulatory policy? Does it have the capacity to play a meaningful role? What tools does it have and need?

The Legislative Capacity Working Group hosted a recent discussion on these questions, featuring R Street’s Jarrett Dieterle and Kevin Kosar, along with Philip Wallach of the Brookings Institution. Video of the panel discussion is embedded below.

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