Archive for August, 2018

Walden, Hatch request stringent OMB review of proposed drug rebate rule

From: The Ripon Advance

U.S. House Energy and Commerce Committee Chairman Greg Walden (R-OR) and U.S. Senate Finance Committee Chairman Orrin Hatch (R-UT) have requested that the Office of Management and Budget (OMB) intensely review the economic impact of a proposed drug rebate rule before approving and publishing the rule.

OMB currently is reviewing the proposed Removal Of Safe Harbor Protection for Rebates to Plans or PBMs Involving Prescription Pharmaceuticals and Creation of New Safe Harbor Protection rule, submitted jointly on July 18 by the U.S. Department of Health and Human Services (HHS) and the Office of the Inspector General (OIG). The proposed HHS/OIG rule would alter the use of rebates commonly used during negotiations between drug manufacturers and pharmacy benefit managers.

GAO Questions Figures on Burdens Agencies Impose

Editor’s Note: See also Comments to ACUS on the Paperwork Reduction Act here and GAO’s Report “PAPERWORK REDUCTION ACT: Agencies Could Better Leverage Review Processes and Public Outreach to Improve Burden Estimates, here

From: FEDWeek

GAO has questioned the accuracy of agency reports on the hour and cost burdens they impose on the public through their information collection requests, “in part because of lack of clear guidance from OMB.”

“Inconsistencies in estimating respondent time costs could lead to inconsistent implementation of new requirements under Executive Order 13771 that agencies offset the incremental costs of new regulations with reductions in regulatory burden, including paperwork burden, elsewhere,” it added.

Former Thomas clerks are a presence in Trump administration

From: Missouri Lawyers Weekly

Associated Press


Trump’s choice of Neomi Rao as administrator of the Office of Information and Regulatory Affairs is illustrative of how former Thomas clerks also are shaping administration policy. Rao was a well-regarded critic of Obama-era regulations who had founded the Center for the Study of the Administrative State at George Mason University in Virginia with backing from the Koch brothers.

In her White House post, Rao has overseen the move to eliminate hundreds of regulations, to the consternation of watchdog groups and the cheers of a wide range of industry groups.

OMB Seeks Comment on Proposal to Create a Government Effectiveness Advanced Research (GEAR) Center

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

by Emily Bremer

The proposed GEAR Center is described as “a public-private partnership to improve mission delivery, citizen services, and stewardship of public resources.”  OMB is requesting comments by September 14, 2018 from the public, academics, experts, and industry.  The Request for Information (RFI) appears to have been only been posted online, with a shorter notice of its availability published in the Federal Register.  From that Federal Register notice, which is out for public inspection today:

Federal Data Strategy: Team


The Federal Data Strategy Development Team is comprised of a core group of cross-disciplinary data experts from across the Federal Government.

The Leveraging Data as a Strategic Asset Cross Agency Priority (CAP) Goal commits the Administration to developing a long-term comprehensive Federal Data Strategy. Senior officials from the Department of Commerce, the Small Business Administration, the Office of Management and Budget, and the Office of Science and Technology Policy co-lead the CAP Goal. Co-lead staff members serve as a project managers supporting and facilitating the development of the Federal Data Strategy with significant stakeholder input. Select Federal Data Fellowship Chairs and Fellows conduct research and analysis; facilitate stakeholders; and distill feedback for the Federal Data Strategy.