One Step Forward, Two Steps Back? The New U.S. Regulatory Budgeting Rules in Light of the International Experience

2017 ◽  
Vol 8 (3) ◽  
pp. 291-304
Author(s):  
Andrea Renda

Executive Order (EO) 13771 on “Reducing Regulation and Controlling Regulatory Costs” introduces a new regulatory budgeting system in the U.S. federal rulemaking process. International experience suggests that the new rule, aimed both at reducing the number of regulations and the volume of regulatory costs, will focus on a subset of regulatory impacts, most certainly the direct costs imposed by regulation on businesses, or even a subset thereof. The paper discusses possible ways to make sense of the new rule, without undermining the soundness of benefit-cost analysis mandated by EO12866. The paper concludes that the new system, while potentially promoting more retrospective regulatory reviews, will risk fundamentally affecting the quality of regulation in the United States, generating frictions and inefficiencies throughout the administration, to the detriment of social welfare.

1992 ◽  
Vol 24 (5) ◽  
pp. 705-725 ◽  
Author(s):  
G L Clark

Evidence on the geographical dimensions of corporate restructuring in the United States suggests that, if left to themselves, corporations often break the law or at least the spirit of law in furthering their economic interests. The design and implementation of restructuring involving the spatial relocation of work is in many instances conceived with the goal of circumventing corporations' social obligations. Workers' pension entitlements (and their contractual agreements with corporations on many other matters) are at risk when the economic imperatives of competition and technical innovation are the driving forces behind corporations' actions. These issues are explored with respect to rational choice theory, advancing an argument to the effect that if corporate restructuring is only understood in these terms, the prospects for effective public regulation are bleak indeed. A regulatory framework that explicitly references moral standards could be, however, more effective because the terms of evaluation would be legitimately other than simple benefit-cost analysis. This last argument is briefly illustrated by reference to the moral component inherent in making contracts between agents.


1998 ◽  
Vol 92 (3) ◽  
pp. 539-548 ◽  
Author(s):  
Rex J. Zedalis

On March 7, 1995, Conoco oil company of Houston, Texas, announced that it had entered into a contract with Iran to have a Netherlands-based affiliate assist in the development of the Sirri Island oil field. In response, the Clinton administration issued Executive Order No. 12,957, prohibiting participation by U.S. entities in the development of Iranian petroleum resources. Eventually, Conoco withdrew from its contract, but in early May of 1995 the administration stepped up its pressure on Iran by issuing Executive Order No. 12,959, prohibiting U.S. entities from using foreign entities they owned or controlled to make investments in or conduct trade transactions with Iran. On July 13 of that year, the French oil company Total S.A. entered into an agreement with Iran to replace Conoco in developing the Sirri Island field, and over the next several months Iran struck nearly a dozen petroleum development agreements worth in excess of $50 million each with other foreign oil companies. Within a couple of months, both Houses of the U.S. Congress took up consideration of proposals to complicate Iran’s ability to develop its hydrocarbon resources. By the end of 1995, the proposals, which even extended to wholly foreign entities organized and operating outside the United States, had come to include Libya as well. Final passage of one of the proposals, specifically, H.R. 3107, took place in the Senate and the House in July 1996. It was signed into law as the Iran and Libya Sanctions Act (ILSA) on August 5.


2018 ◽  
Vol 19 (1) ◽  
pp. 333-361
Author(s):  
Robin Hui Huang

Abstract China has a civil procedure for collective litigation, which is dubbed Chinese-style class action, as it differs from the U.S.-style class action in some important ways. Using securities class action as a case study, this Article empirically examines both the quantity and quality of reported cases in China. It shows that the number of cases is much lower than expected, but the percentage of recovery is significantly higher than that in the United States. Based on this, the Article casts doubt on the popular belief that China should adopt the U.S.-style class action, and sheds light on the much-debated issue concerning the relationship between public and private enforcement of securities law. The Article also discusses the future prospects of securities class action in China in light of some recent developments which may provide its functional equivalents, including the regulator-brokered compensation fund and public interest group litigation.


Author(s):  
Josh Ederington ◽  
Arik Levinson ◽  
Jenny Minier

Abstract U.S. Presidential Executive Order 13141 commits the United States to a careful assessment and consideration of the environmental impacts of trade agreements. The most direct mechanism through which trade liberalization would affect environmental quality in the U.S. is through the composition of industries. Freer trade means greater specialization, increasing the concentration of polluting industries in some countries and decreasing it in others. We begin by documenting the substantial shift in U.S. manufacturing toward cleaner industries from 1972 to 1994. We then use annual industry-level data on imports to the U.S. to examine whether this compositional shift can be traced to the significant trade liberalization that occurred over the same time period, and we conclude that no such connection exists. A shift toward cleaner industries has also occurred among U.S. imports, and we find no evidence that pollution-intensive industries have been disproportionately affected by the tariff changes.


2020 ◽  
Vol 2 (1) ◽  
pp. 38-41
Author(s):  
Kimberly Collins

The COVID-19 pandemic has greatly impacted the lives of those living in the United States–Mexico border. From the Imperial Valley–Mexicali region, along the California– Baja California border, we find two interesting cases in public management that were impacted by the border population—medical care and informal importation of consumer goods. A lack of federal policy and guidance to improve the quality of life for people in the region leads us to rethink the role of governments and governance in the border region. 


Author(s):  
Nilmini Wickramasinghe

Healthcare expenditure is increasing exponentially, and reducing this expenditure (i.e., offering effective and efficient quality healthcare treatment) is becoming a priority not only in the United States, but also globally (Bush, 2004; Oslo Declaration, 2003;Global Medical Forum, 2005). In the final report compiled by the Committee on the Quality of Healthcare in America (Institute of Medicine, 2001), it was noted that improving patient care is integrally linked to providing high quality healthcare.


Blood ◽  
2010 ◽  
Vol 116 (21) ◽  
pp. 4754-4754
Author(s):  
Julia R Trosman ◽  
Christine B Weldon ◽  
Gregory J Tsongalis ◽  
Kathryn A Phillips

Abstract Abstract 4754 Background. BCR-ABL transcript monitoring is a guideline recommended component of Chronic Myeloid Leukemia (CML) management. BCR-ABL monitoring in the U.S. is mainly done using laboratory developed tests (LDTs). Studies found accuracy and reliability problems with LDTs which may lead to undesirable health and economic impacts (Gabert et al, Leukemia, 2003, Zhang et al, J Mol Diagn 2007, Muller et al, Leukemia 2008). There are ongoing efforts to standardize BCR-ABL LDTs in the U.S. and globally (Hughes et al, Blood 2006, Branford et al Blood 2006). A standardized BCR-ABL monitoring test (SBAT) may be an effective method to propagate standardization and improve quality of BCR-ABL testing. A standardized BCR-ABL monitoring test is one which minimizes operator error, and is stringently reviewed and shown to be validated under health authorities’ quality systems regulations (principally Food and Drug Administration's Quality Systems Regulations and European Union's In-Vitro Diagnostics Directive), ensuring the safety and effectiveness of the test, as well as its reliable performance across multiple operators and labs through a thorough examination of its initial design, manufacturing, and associated processes. Our study qualitatively assessed potential benefits and drawbacks of adopting a SBAT, compared to current LDTs. Methods. We conducted peer-reviewed and grey literature review to answer questions: (1) How may the shortcomings of current BCR-ABL LDTs be impacting patient care, outcomes and quality of life? (2) How may adoption of a SBAT address the LDT shortcomings and propagate standardization? (3) What are potential health, economic and care process benefits and drawbacks of SBAT adoption for healthcare stakeholders? Results. We identified BCR-ABL LDT shortcomings: (a) methodologic shortcomings resulting in suboptimal test accuracy; (b) process shortcomings (e.g. operator error; batch to batch variation in materials) leading to suboptimal reproducibility and (c) variability in methods across labs leading to incomparability of results. Three key results are: (1) Inaccurate over-quantitation of BCR-ABL results may lead to unnecessary further testing (e.g. mutation testing; bone marrow cytogenetic testing) and misinformed therapy decisions, e.g. drug dose escalation. False under-quantitation may lead to missed indications of relapse, resistance to therapy, or problems with therapy compliance. Due to result incomparability, patients often cannot change providers without losing testing history which may impact life decisions such as relocation. (2) A SBAT may address most LDT process shortcomings and important methodologic shortcomings. Consequently, if a SBAT is adopted broadly it may reduce inter- and intra-lab variability. It may also address limitations of standardization efforts, such as minimizing operator error and increasing compliance with harmonization guidelines. (3) SBAT adoption is likely to provide substantial benefits in health outcomes and quality of life to patients who may otherwise receive inaccurate results. Benefits in care process are anticipated to outweigh drawbacks. Benefits include faster results, increased confidence in results, ability to get a second opinion or transition patient care to different providers. Drawbacks may include implementation efforts, and getting used to new report formats by patients and physicians. BCR-ABL testing history may potentially be incomparable for some existing patients if laboratories do not implement effective data transition. We anticipate that the economic impact of SBAT adoption on the healthcare system will be limited due to the relatively small CML patient population. A significant financial impact may be on labs. Some labs may benefit by bringing BCR-ABL test in-house, but this may reduce test volume for labs that provide this as a centralized service. Conclusions. Implementing a standardized BCR-ABL monitoring test (SBAT) is likely to significantly benefit CML patients’ health and quality of life and provide better utility to providers than LDTs. A SBAT will contribute to addressing the broader quality of diagnostics challenge recognized by payers, providers, guideline bodies and government authorities. A SBAT represents an incremental improvement in a field that has relatively few patients, but potentially paves the way to similar developments in other blood cancers and beyond. Disclosures: Trosman: Novartis: Consultancy. Weldon:Novartis: Consultancy. Tsongalis:Novartis: Consultancy. Phillips:Novartis: Consultancy, Membership on an entity's Board of Directors or advisory committees.


2008 ◽  
Vol 22 (1) ◽  
pp. 67-84 ◽  
Author(s):  
Robert W Hahn ◽  
Paul C Tetlock

In response to the increasing impact of regulation, several governments have introduced economic analysis as a way of trying to improve regulatory policy. This paper provides a comprehensive assessment of government-supported economic analysis of regulation. We find that there is growing interest in the use of economic tools, such as benefit–cost analysis; however, the quality of analysis in the U.S. and European Union frequently fails to meet widely accepted guidelines. Furthermore, the relationship between analysis and policy decisions is tenuous. To address this situation, we recommend pursuing an agenda in which economics plays a more central role in regulatory decision making. In addition, we suggest that prediction markets could help improve regulatory policy and improve measurement of the impact of regulation.


2010 ◽  
Vol 1 (1) ◽  
pp. 1-15 ◽  
Author(s):  
Andrew Schmitz ◽  
Troy G. Schmitz

AbstractBenefit-cost (B/C) analysis must take into account the distributional effects from a policy or program change. To highlight this, we focus on the theory of production quota buyouts within a B/C framework. As an empirical application, we provide evidence on the distributional effects of the U.S. government buyout of the peanut program in 2002, where production quotas were key ingredients. Two approaches to producer compensation under the buyout are discussed: (1) value of quota approach and (2) gains from quota approach. In the peanut quota program buyout, the U.S. government chose the value of quota approach. Both consumers and producers were made better off as a result of the buyout, and there was a net gain in efficiency. If the government had chosen the gains from quota approach instead, government expenditures and producer gains would have been lower, and consumer benefits would have remained unchanged. Under either approach, the B/C ratios calculated for the government quota buyout are almost identical.


2005 ◽  
Vol 5 (3-4) ◽  
pp. 189-196
Author(s):  
E. Levin ◽  
M. Carlin ◽  
W.O. Maddaus ◽  
N. Sandkulla

This paper documents the methodology and results of a comprehensive water demand and conservation study conducted in 2003 and 2004 under the direction of the San Francisco Public Utilities Commission (SFPUC) in conjunction with its 28 wholesale customers. These customers are represented by the Bay Area Water Supply and Conservation Agency (BAWSCA). The SFPUC supplies water to about 1.6 million people within the San Francisco Bay Area plus about 700,000 within the City of San Francisco itself. A detailed benefit-cost analysis was conducted using the Demand Side Management Least-Cost Planning Decision Support System (DSS) model for 32 conservation measures using the individual customers' DSS model. Thirty-year water savings, benefit–cost ratios, and the cost of water saved were computed for each measure. Based on compiling the results from the individual customer demand models, it was found that the current plumbing and appliance codes would reduce overall 2030 water demand by 7.8% and that packages of additional water conservation measures could reduce demands by an additional 2–6%, depending upon the level of conservation implemented. Overall, the study represents one of the largest water demand and conservation evaluation projects undertaken in the United States.


Sign in / Sign up

Export Citation Format

Share Document