Author's details

Name: Jim Tozzi
Date registered: December 21, 2011

Latest posts

  1. More Evidence OIRA Needs to Coordinate Federal Cyber Security Regulation — July 19, 2016
  2. The Report of the Administrative Conference of the United States (ACUS) on the Oversight of Federal Databases — June 27, 2016
  3. Speaker Ryan to call for major regulatory reforms — June 15, 2016
  4. “Chevron Bias” and the Administrative State: ABA AdLaw Section Event on 6/15 — June 13, 2016
  5. Congress Enacts Infrastructure Reform, but Implementation Lags — June 7, 2016

Most commented posts

  1. Cyber Legislation Will Cost Businesses and Hurt Economy — 1 comment

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More Evidence OIRA Needs to Coordinate Federal Cyber Security Regulation

Editor’s Note:  See, Why OIRA Needs to Coordinate Federal Cyber Security Regulation. Cross-posted from FISMA Focus/Regulatory Cybersecurity.

From: Politico

Cyber ransom attacks panic hospitals, alarm Congress



But now, American hospitals face weekly ransom threats. If they don’t pay up, files get frozen, surgeries delayed and patients sent across town. One of these days, someone could die as a result. And no one in government has a clear plan to handle it.



The Report of the Administrative Conference of the United States (ACUS) on the Oversight of Federal Databases

Editor’s Note: The damage to businesses from the federal government’s dysfunctional are extensive, see Federal Data Crisis: Unreliable Federal Databases are Destroying Opportunities for Small Businesses

ACUS, at its recent plenary session, released a report titled Agency Information Dissemination in the Internet ERA. The report is the first step in informing federal agencies and the public of the need to exercise oversight over some of the 200,000 databases published on federal websites—content stored away in the darkest corners of the regulatory state.


Speaker Ryan to call for major regulatory reforms

From: The Hill

By Tim Devaney

“Congress should also consider a first-ever regulatory budget that would place limits on the amount of regulatory costs federal agencies can impose each year,” the Republicans wrote.

“Once the budget limit is reached, the agency could not enact or issue any more regulations,” they added.

Read Complete Article


“Chevron Bias” and the Administrative State: ABA AdLaw Section Event on 6/15

From: Notice & Comment | A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice

Chris Walker

The ABA Section of Administrative Law and Regulatory Practice has a terrific debate coming up on the evening of June 15th between Philip Hamburger and David Vladeck, with Judge Randolph moderating. You can register here. And here are the details:



Wednesday, June 15, 2016 5:00 – 6:30 p.m.

American Bar Association

1050 Connecticut Ave. NW, Suite 570, Washington, DC (Farragut North Metro)


Congress Enacts Infrastructure Reform, but Implementation Lags

From: RegBlog

Business groups have led a growing movement to remedy the huge delays and uncertainties that plague infrastructure projects. The President’s Council on Jobs and Competitiveness highlighted the issue in a 2011 report, prompting the Obama Administration to launch an interagency initiative that includes an online Federal Infrastructure Permitting Dashboard.


Under the new law, 13 federal agencies, plus the Office of Management and Budget (OMB) and the Council on Environmental Quality, will constitute a Federal Permitting Improvement Steering Council, chaired by a presidentially appointed executive director. By December, this group must develop generic performance schedules for each category of project. These schedules are to be reviewed and revised every two years. Further, no decision involved in a review can take longer than 180 days after the agency possesses the necessary information for assessment.


Why the historic deal to expand US chemical regulation matters

From: Nature

A rare bipartisan compromise endorsed by industry and the White House will give the US government new authority to ensure that chemicals are safe.

Jeff Tollefson


What comes next?

After the bill is enacted, the EPA will draw up rules for its new review process, which includes determining the fees that companies will need to pay to submit chemicals for government review. The legislation allows the agency to collect up to US$25 million per year in fees to supplement its budget for chemical regulation, which is intended to cover roughly one-quarter of the total programme cost.


The Case for a Regulatory Budget

Editor’s Note: See A Website Dedicated to the Implementation of a Regulatory Budget.

From: The Daily Signal

Sen. Mike Lee


Under the discipline of a regulatory budget, Congress would be directly responsible for the size and scope of the regulatory state. Executive agencies could still issue and enforce their rules, but only so long as their impact fits within the regulatory-cost limits established by Congress.

This would give regulatory agencies—really for the first time—an incentive to make their regulations cost-effective. They would be made to work for the American people instead of the other way around. And the American people, for their part, would be empowered to make informed judgments at the ballot box about economic regulations.


Regulating for Results

Editor’s Note: The GPRAMA provides the mechanism by which OIRA can leverage OMB’s budget powers to ensure that each agencies regulatory activities are (1) necessary for the agency to achieve its goals and (2) are conducted efficiently and consistent with all requirements.

From: GAO | GAO-16-509


Zika and Pregnancy-Specific Vaccines: Toward Easing the Difficulty

From: Yale Journal of Regulation | Notice & Comment

by Sam Halabi

The CDC announced today that the number of pregnant women in the U.S. infected with the Zika virus has tripled from 48 to 157. The escalation is a reminder of how difficult a public health emergency Zika will be to address given the complex nature of its victims. In my last post, I explained how a Zika vaccine (and vaccines in general) face numerous regulatory obstacles when developed for diseases for which inoculation during pregnancy is the most promising intervention. In this post, I explain why addressing those obstacles is such a significant public health issue.


The Checkered History of Regulatory Reform Since the APA

Editor’s Note: The failure of regulatory reform legislation to tame the regulatory state is further evidence of the need for a Regulatory Budget.

From: The N.Y.U. Journal of Legislation and Public Policy | Volume 19, Issue 1

Stuart Shapiro & Deanna Moran, “The Checkered History of Regulatory Reform Since the APA”

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