SES Entrepreneurship Needed to Improve Agency Performance

Editor’s Note: Senior Executive Service managers are making better use of agency performance information in making decision than non-SES managers according GAO’s new GPRA Modernization Act report, Managing for Results. GAO documented that (1) agencies are not improving their use of performance information in their decision-making processes, (2) SES managers are making better use of performance information than non-SES managers and (3) agencies need OMB assistance in improving their use of information. Thus, improvements in agency performance will require that SES corps use their social entrepreneurial skills to achieve improved use of performance information throughout their agencies.

From: GAO

Faculty Book Talk: Cass Sunstein’s Valuing Life: Humanizing the Regulatory State

From: The Harvard Law School Faculty Blog

Faculty Book Talk: Cass Sunstein’s Valuing Life: Humanizing the Regulatory State, Friday, October 10 at noon

by: June Casey – September 23rd, 2014 Add Comment

The Harvard Law School Library staff invites you to attend a book talk and panel discussion in celebration of Professor Cass R. Sunstein’s recently published book, Valuing Life: Humanizing the Regulatory State.

Sunstein is the Robert Walmsley University Professor at Harvard University, and is the author of several books, including, Simpler: The Future of Government (2013), with coauthor Richard H. Thaler, Nudge: Improving Decisions About Health, Wealth, and Happiness (2008), and Why Nudge?: The Politics of Libertarian Paternalism (2014).

Introducing the Virtual Symposium on “More That You Wanted to Know”

From: ContractsProfBlog

By Jeremy Telman

We begin our upcoming virtual symposium with this introduction provided by the authors of the book that we are subjecting to strict scrutiny, Omri Ben-Shahar and Carl E. Schneider.

MORE THAN YOU WANTED TO KNOW: The Failure of Mandated Disclosure 

When he famously wrote 100 years ago, “Sunlight is the best of disinfectants,” Justice Louis Brandeis began a century of disclosure law.  How do we protect borrowers and investors? Disclosure! How do we help patients choose safe treatments and good health plans? Disclosure! How do we regulate websites’ privacy policies? Disclosure!

Hundreds of Recent Final Rules Are Technically Unlawful

From: RegBlog/University of Pennsylvania Program on Regulation

Congress enacted the Congressional Review Act (CRA) in 1996 to reestablish a measure of legislative control over agency rulemaking. The law generally requires federal agencies to send almost all of their final rules to both houses of Congress and the U.S. Government Accountability Office (GAO) before those rules can take effect. As soon as a rule is “received by Congress,” any Member of Congress may introduce a CRA resolution of disapproval that, if signed into law, prevents the rule from taking effect or continuing in effect.

GAO: “Federal agencies and OIRA could do more to improve the transparency of the rulemaking process.”

Editor’s Note: The following is an excerpt from the Conclusion section of “GAO-14-714, Federal Rulemaking: Agencies Included Key Elements of Cost-Benefit Analysis, but Explanations of Regulations’ Significance Could Be More Transparent.” In the section of the report discussing agency comments on the evaluation, GAO noted that OMB was “not opposed to the language in our recommendation directing agencies to include the relevant portion of Executive Order 12866’s definition of significant regulatory action in the preamble to rules.”

From: US General Accountability Office

Stealth Regulation — Agency Circumvention of OIRA and the APA?

From: The Federalist Society

Administrative Law & Regulation Practice Group Teleforum

Start : Tuesday, September 09, 2014 01:00 PM
End : Tuesday, September 09, 2014 02:00 PM


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Federalist Society Teleforum Conference Call

Featured Speakers:
Todd J. Zywicki
John D. Graham