An Innovative Institutional Change at the Triple Border in Brazil

Editor’s Note:  The Pacesetter is initiating a series which describes regulatory innovations external to the United States.  The objective of the series is to highlight the movement throughout the world  to foster the development of smart regulation.

The Triple Border, consisting of the intersection of Brazil, Argentina and Paraguay, is the hotbed for funding terrorist organizations and has gotten off from any serious prosecution for years.

Now as a result of considerable progress in streamlining the prevailing regulations for a number of Brazilian enforcement agencies, crime in the Triple Border is finally being addressed in a forceful manner.

The Regulation of the Social Media?

The convergence of forces, the recently disclosed use of the social media platform to promote the interest of foreign entities coupled with the self righteous statements of Silicon Valley that they are merely conduits in the information age, could be leading to the creation of one of the most significant regulatory programs in recent US history– regulation of the social media.

If history repeats itself, in lieu of a balanced program which allows the social media to continue to grow as a important component of the US economy, it is likely that there will be an overreaction which could dampen its prospects in the long run. On the other hand the vast constituency of the social media could hamper any such regulatory initiatives as is the case with Uber.

Food for Thought!

Yesterday the Administrative Conference of the United States, ACUS, the GW Regulatory Studies Center and the Society for Benefit-Cost Analysis co-sponsored a symposium on benefit-cost analysis.

During the course of the discussion a panelist from the FAA asked: how many of you ride commercial aircraft? Virtually every hand in the room was raised.

The panelist then asked how many of you had a safety concern when you rode the aircraft?

Not a single hand was raised.

The Bookends on a Shelf Chronicling a Half Century of Hard Work

 

Bookend # 1     Washington Post      1981

 

View the Bookshelf

 

Bookend # 2       E & E News              2017

 

 

One Worse Case Scenario for Chevron Deference

We are not suggesting that one case in itself should determine the fate of Chevron deference, but if there were one, the following is most certainly an excellent candidate.

A plaintiff seeks relief in the court claiming that the agency had no authority to issue a rule.  340B Complaint

The Court opines in no uncertain terms  that the agency does not have the authority to issue the  rule.   See  340B order

The agency responds by issuing an interpretative rule which renders moot the decision of the court.  http://www.hrsa.gov/opa/programrequirements/interpretiverule/interpretiverule.pdf

The FR notice announcing the availability of the rule is here: https://www.federalregister.gov/articles/2014/07/23/2014-17409/availability-of-interpretive-rule-implementation-of-the-exclusion-of-orphan-drugs-for-certain

The Internet Archive’s Wayback Machine: A National Treasure

The Internet Archive is the sponsor of the world’s largest digital library. It is a 501c(3) not-for-profit organization located in San Francisco, California.

We call this organization to the attention of our readers because the Center for Regulatory Effectiveness (CRE) receives inquiries as to our plans for ensuring that our library of the evolution of centralized regulatory review be made available for future generations.

The answer is straightforward; the Internet Archive has been preserving copies of our website since 1999, the  day we began operations and only three years after it began. The Internet Archive had a wide range of websites to digitize and CRE is fortunate and appreciates it including CRE as one of its earliest websites to digitize.

The Unparalleled Reach of the Paperwork Reduction Act

OMB, acting through OIRA, has a wide range of mechanisms to manage federal agencies.  None of these mechanisms can approach the reach of the Paperwork Reduction Act (PRA). Consider that the PRA:

(1)  prohibits any federal agency from imposing any reporting or recordkeeping requirement on ten or more members of the public without an approval by OMB,

(2)  is the only substantive  control OMB has over independent agencies,

(3) states that OMB approval of the aforementioned reporting and recordkeeping requirements are not judicially reviewable and must comply with the Data quality Act,

The Evolution of Chevron Deference: The Need for Public Involvement

This note examines the motivations, biases and expectations of the major institutional players in the Chevron debate, ranging from OMB, to the academic community to federal litigators to legal practitioners and ultimately judges. The Chevron Debate concerns Chevron Deference which is a result of a Supreme Court ruling which declared that when courts review actions taken by federal regulators the courts should defer to the views of the regulators if the underlying statute is ambiguous and if the position of the regulator is reasonable.

The Evolution of Benefit-Cost Analysis into Federal Rulemaking

Alan Schmid: Founder of the Modern Day Application of Benefit-Cost Analysis to Regulations—the evanescent utilization of an outstanding academician in Washington

Nearly fifty years ago Alan Schmid, a visiting professor working at the Office of the Secretary of the Army, made a game changing announcement to his colleagues in the Systems Analysis Group housed in the Pentagon. Schmid argued that the then use of benefit-cost analysis, which was applied to capital expenditure projects such as dams and waterways, should be extended to federal regulations. The systems analysts in attendance were dumbfounded by the idea of applying benefit-cost analysis to a pile of paper as well as to a pile of concrete. The Schmid announcement is in this compendium: Schmid PPB.

Administrative Conference Appoints New Members

From: Administrative Conference of the United States

Administrative Conference Appoints New Members
Renowned Experts Will Work to Improve the Administrative Process

Washington, D.C., August 3, 2017 – The Administrative Conference of the United States (ACUS) today announced the appointment of 13 new Public Members and 10 new Senior Fellows:

Read Complete Press Release