Guest Columnists
The CRE is instituting a Guest Columnist feature on the website. Columns written by CRE readers discussing timely regulatory topics will be highlighted in this space. Readers interested in becoming Guest Columnists should submit proposed columns on regulation and the regulatory process using our web-based form. The CRE particularly encourages students to publish on the CRE site.
Columns
AUGUST 2002
CRE Reader Issues Invitation to the International Conference on Regulatory
Reform in Toronto
The Director of Canada's Red Tape Secretariat wrote to CRE to announce
a major international conference on regulatory reform best practices being
hosted by the Government of Ontario in partnership with the Institute
of Public Administration of Canada. The conference, "Red Tape to
Smart Tape: Fostering Regulatory Innovation in the 21st Century,"
will be held September 25-27, 2002 in Toronto. According to its organizers,
by doing business smarter, governments can: (1) implement responsible
regulation that promotes economic growth while protecting public health,
safety, and the environment; (2) deliver efficient and competitive programs
and services with as little red tape as possible; and (3) adopt improvements
in technology to enhance government performance and customer service.
CRE supports the conference's goals of reducing unnecessary regulation
and improving governmental regulatory systems.
Click to to review the Guest Column and to learn how to register for the conference
Click to submit a comment
CRE Regulatory Services
CRE Reader Reports on Serious Data Quality Problems with Department of Education Information Related to Special Education
A retired member of the Professional Advisory Board to a chapter of the Tourette Syndrome Association recently wrote to CRE to make the Center and its readers aware of serious deficiencies in the quality of information issued by the U.S. Department of Education (USDOE) related to special education data, which this official labels as "blatantly inaccurate." Much of this bad information continues to be used by the Department in making regulatory and policy decision, despite the fact that these information problems were cited in studies issued by the Department's own Inspector General. If such reports are indeed true, this is just the type of situation that Congress intended the Data Quality Act to remedy.
Click to review the Guest Column and to examine examples of problematic studies issued by the Department of Education
Click to submit a comment
CRE Regulatory Services
JULY 2002
Regulatory News Update
EPA promotes planned emissions cuts ... OSHA begins work on two more sets of
ergonomics guidelines ... Freddie Mac, Fannie Mae embrace SEC rules.
Click to read more
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MAY 2002
GAO Issues Report on Balance of Federal/State Responsibilities for Standard Setting
In a comment to CRE, the Assistant Director of the General Accounting Office (GAO) made the Center aware of an important new GAO study entitled, "Regulatory Programs: Balancing Federal and State Responsibility for Standard Setting and Implementation." As this publication is likely to be of interest to CRE readers, CRE is posting both the announcement by GAO and a link to the report.
Click to read Guest Column and to access the GAO report
Click to submit a comment
APRIL 2002
Partners of Washington, D.C. Law Firm Author Article on Impacts of Tozzi v. DHHS Case: CRE Sees Major Implications for Data Quality Act
Partners at Bergeson & Campbell, P.C., a D.C. law firm specializing in chemical, medical device, and diagnostic product approval and regulation, recently authored an article entitled "The Tozzi Decision: Another Arrow in Manufacturers' Quiver in Product Defense Wars." Although the article emphasized the importance of the court's decision for designations in the National Toxicology Program's Report on Carcinogens Program, CRE believes that it will have even greater significance for judicial review under the Data Quality Act. For example, the opinion provides precedent for standing when information disseminated by a federal agency is causing harm to a company or person to whom the information relates.
Click to read the Bergeson & Campbell article on Tozzi v. DHHS from the EPA Administrative Law Reporter
Click to submit a comment
Regulatory News Update
OSHA to set ergonomics guidelines...OMB outlines plan for overhauling rules...FCC gives cable firms Internet rights...Court upholds strict pollution standards...Proposed puppy rules protested.
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MARCH 2002
CRE Reader Responds to Article on Military Regulation of Field Commanders
In a recent story in its Emerging Regulatory Issues section, CRE reported on a November 12, 2001 Legal Times article that found that one of America's first lines of defense is its deployment of attorneys from the Army's Judge Advocate General (JAG). JAG officers literally sit side-by-side with field commanders, drafting rules of engagement and participating in targeting decisions. One of CRE's readers, a retired U.S. Army Lieutenant Colonel now affiliated with the George Mason University School of Law, wrote to CRE to express the view that expedient legal analysis regarding rules of engagement is critical to modern military planning/action, particularly as the U.S. faces threats from non-traditional sources, as in Afghanistan.
Click to review Guest Column submission
Submit a comment to CRE
GUEST COLUMNISTS
Regulatory News Update
House okays broadband access bill … Court throws out limits on TV ownership
… Labor reviews request for ergonomics policy data … EPA defends agency's
clean air practices … NHTSA lowers seat belt use goal …
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JANUARY 2002
GUEST COLUMN
Regulatory News Update
Supreme Court narrows reach of key disability law . . . Supreme Court settles
Internet pricing suit . . . Boeing gets FCC license for in-flight Web access.
Click to read more
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CRE in the News
In light of CRE's extensive work on cutting-edge regulatory issues, the Center's
website has experienced a significant increase in traffic over the past year.
At the same time, CRE has also been receiving an increasing amount of attention
by the press. The press plays a critical role in the Center's operations,
because such coverage serves as a good barometer of the public's perception of
CRE's work. Thus, CRE plans to periodically report synopses of all press coverage
that the Center receives, regardless of whether or not the author agrees with CRE
on the substance of the issue.
Read a synopses of CRE in the News
Click to read backround about CRE
DECEMBER 2001
Regulatory News Roundup
FCC to review Satellite TV Merger...Lawsuit challenges Washington state ergonomics standards...and new legislation would forbid most types of Internet gambling.
Read a Summary of the Latest Regulatory News
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Latham & Watkins Analysis of Supreme Court's Mead Decision Suggests Leveled Playing Field for Federal Agencies and Regulated Businesses in Administrative Law Cases
The law firm of Latham & Watkins has written an insightful analysis that concludes that the Supreme Court's recent decision in United States v. Mead Corp. has dramatically restricted the judicial deference that courts must accord to agencies in determining the meaning of federal statutes. With certain limited exceptions, an agency's interpretation will now receive heightened deference only if the court finds the agency's interpretation to be persuasive. This significant break from the Chevron doctrine is anticipated to level the playing field between federal agencies and private parties in most administrative law cases, leading to new challenges of agency actions.
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Weidenbaum Center to Sponsor Forum on OMB's Executive Regulatory Review
On December 17, 2001, the Weidenbaum Center on the Economy, Government, and Public Policy of the Washington University in St. Louis will host a forum on OMB's Executive Regulatory Review at the National Press Club in Washington, D.C. Among its speakers, the meeting will feature a number of current and former officials from OMB's Office of Information and Regulatory Affairs. The meeting, which will be held from 7:30 a.m. until 2:00 p.m., is free and open to the public.
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NOVEMBER 2001
James MacRae, CRE Board Member, Appointed to the Economic Advisory Board of NASD
The National Association of Securities Dealers (NASD) has announced the formation of its Economic Advisory Board to provide advice and guidance on NASD rules that might be revised in order to increase their effectiveness. James MacRae, a founding member of CRE, has been named to NASD's Economic Advisory Board. MacRae has held a number of influential positions in the regulatory field, including Deputy Administrator of the White House Office of Management and Budget's regulatory office, as well as professor at the George Mason University School of Law.
Click here to review the NASD news release
Click to submit comment
OCTOBER 2001
Regulatory News Roundup
FCC gives wireless companies more time for enhanced 9-1-1 service ... FCC allows public broadcasters to earn revenue from digital TV ... and key lawmaker seeks removal of FCC's wireless spectrum cap.
Read a summary of the latest Regulatory News
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SEPTEMBER 2001
Regulatory News Update
FTC seen approving Phillips-Tosco ... Bush to press for full Mexican truck access to the United States ... and FERC chairman to become veep for electricity supplier.
Click to read a summary of the latest regulatory news.
Click to submit comment
CRE Responds to Federal Times Article on Data Quality
Federal Times, a preeminent publication for federal employees, reported that a number of its readers were concerned about the reproducibility provisions of the OMB's Data Quality guidelines as well as the impact these guidelines would have on peer review. CRE not only addressed these concerns in an Op-Ed piece to the Federal Times but had also given explicit considerations to those issues in its proposals for enactment of federal data quality legislation.
Click to read Op-Ed piece
Click to comment on the Article
Click to read CRE's comment's to OMB on Data Quality guidelines.
Click to review the Data Quality guidelines, as printed in the Federal Register.
Regulatory News Update
Group urges FDA to put stiffer warnings on certain cholesterol-lowering pills ... two senators block the confirmation of a key EPA nominee ... and the Transportation Department draws up a new requirement for the airline industry.
Click to read a summary of the latest regulatory news.
Click to submit comment
Agencies Clear Way For Trading Securities Future Products
A last minute burst of regulatory activity by the SEC and the CFTC opens the door for trading of securities futures products. Pressure by key Congressman motivates agencies to meet target date; however the two commissions have a narrow window of time to resolve a number of difficult problems before the more important second phase may begin. Retail trading of securities futures products is slated to commence as early as December 21. If the two agencies can reach agreement in a timely manner, marketers are expected to roll out their new products early next year.
Click to read more.
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FCC News Update
The FCC prepares an appeal to the Supreme Court; the agency is told most TV stations will meet its digital deadline; and an FCC report tracks the growth of high-speed Internet access.
Click to read a summary of the latest FCC-related news.
Click to submit comment
AUGUST 2001
Henshaw, Scalia Nominations Move Forward in Senate
CRE Web site reporter Don Fulsom reports on the latest Capitol Hill developments on ergonomics-related matters. This is one in a series of articles on the politically volatile issue of ergonomics in the workplace.
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JULY 2001
Industry, Labor Groups Clash at Ergonomics Forum
CRE Web site reporter Don Fulsom reports on the opening of the Labor Department's public forums on ergonomics. This is one in a series of articles on the politically volatile issue of ergonomics in the workplace.
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Administration To Unveil New Ergo Policy In September
CRE Web site reporter Don Fulsom reports on the Bush administration's efforts to formulate a new ergonomics policy. This is the second in a series of articles on the politically volatile issue of ergonomics in the workplace.
Read the CRE Guest Column Article
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Eric Pamer, Formerly with CCH, Preeminent Publisher of Legal Publications, has Joined the CRE Website Reporting Group.
Eric's previous experience includes being a reporter for the Federal Tax Reporter. Eric's initial articles are going to focus on the landmark data quality guidance proposed by OMB. In this capacity he will be interviewing a number of interested stakeholders to assess their views on this important matter.
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JUNE 2001
Ergonomics Policy
CRE Website reporter, Don Fulsom, reports on current activities in the Senate to address the ergonomics rule. This is the first in a series of articles on the politically volatile issue of ergonomics standards for U.S. workers.
Read the CRE Guest Column Article
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CRE WATCH LIST
Don Fulsom, Former White House Correspondent for UPI, Joins CRE Web Reporting Team
Don Fulsom, veteran Washington reporter, has joined the cadre of CRE website reporters. Don has been a reporter at the White House for UPI, and has written articles for major publications such as Esquire. Don will begin reporting on the OSHA ergonomics rule. In this capacity, he will write periodic articles on the views of the affected parties as well as emerging issues on the ergonomics rule.
Comment on Item
NTP Executive Committee to Vote on Talc in The Report on Carcinogens Program
CRE Website Reporter, Sydney Smith, conducts extensive interviews with National Toxicology Program (NTP) Executive Committee Panel. The purpose of the article is to educate the public on the process and procedures used by the Committee. A current split-vote on talc cosmetic powder lends controversy to the next committee meeting and depth to the CRE's reports.
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MAY 2001
East to West, State Medicaid Officials Echo Discontent
CRE Website Report, Sydney Smith, reports on the discontent State Medicaid Officials have on the Admin. Simp. (Electronic Transactions Standards) rule promulgated by HHS. The alleged objective of the rule is to simplify payments to providers, hospitals and related insitutions. Interviews done by the CRE reporter indicate that State Medicaid Officials believe the rule is premature in light of other actions the agency has to take on this matter.
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MARCH 2000
Salt Institute: Access-to-Data Is the Key to Strong Science and Solid Public Policy
The Salt Institute has made numerous and varied attempts to obtain the data behind the key "Intersalt Study" to ascertain the verity of its scientific conclusions. Even though the study was funded by a $1.3 million grant from the HHS National Heart, Lung, and Blood Institute, the recent Data Access provisions of revised OMB Circular A-110 do not apply, since the OMB revision is not retroactive. However, the Guest Column presents an articulate case for public access to information which serves as the basis for public policy.
Read the CRE Guest Column Article
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