What If The Administrative State Cannot Be Reformed?

From: Forbes


But a Democratic Congress is unlikely to entertain regulatory reform, and certainly not stoop to working with Trump on it apart from perhaps some half-hearted tweaks accompanying big infrastructure spending. For that reason I have been suggesting a new “iconic” executive order on guidance, since most law is from agencies now, not Congress. In 2018, there were 313 laws passed by Congress and signed by Trump, but 3,368 rules and regulations, not even counting guidance.


Jim Tozzi and “Regulation of Social Media”

From: The Free State Foundation

Posted by Randolph J. May

Jim Tozzi, one of the nation’s foremost experts on regulation, and a “founder” of the notion of centralized executive branch regulatory review, has started a new site to track developments relating to regulation of social media. His new page is here.


As I say, Jim is one of the “founders” of the modern regulatory reform movement, so whatever he is doing at any time bears watching – and certainly, now, no one denies that potential regulation of social media bear watching.

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President Trump Should Rediscover Regulatory Reform

From: National Review

By &

Even faced with a Democratic House, he can make agencies quantify and justify their regulations.


Dark matter can take the form of guidance documents, memoranda, notices, circulars, or even press releases indicating a policy change, such as Labor Department designation of independent contractors. Guidance is not supposed to be legally binding on citizens, or even the issuing agency, yet as the Administrative Conference of the United States has detailed, those who are regulated by agencies have reason to feel obliged to comply with the policy content of such pronouncements.


China’s Central Government Seeks to Rein in Regulatory Documents

Editor’s Note: The use of guidance documents as backdoor regulations is a long standing concern of business communities around the world. See also, for example, SEC Guidance on Social Media and Business Disclosures Stirs Controversy (2013),  The Fragile State of the Term “Guidance” (Regulatory Pacesetters 2017), Regulatory Guidance Processes: Selected Departments Could Strengthen Internal Control and Dissemination Practices (GAO 2015), and OMB To Give Agencies New Guidelines for Guidance Docs (Bloomberg (2018).

From: The Regulatory Review


Is GAO Becoming the New Office of Technology Assessment? Will it Voluntarily Comply with the Data Quality Act?

Editor’s Note: GAO is substantially bolstering its analytic capabilities by creating a new Science, Technology Assessment, and Analytics (STAA) team. The agency explains that STAA’s activities will include conducting “peer reviews and other expert reviews.” The question is open as to whether STAA will voluntarily adhere to the Office of Management and Budget’s Final Information Quality Bulletin for Peer Review, Updated Principles for Risk Analysis, and Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information Disseminated by Federal Agencies.

From: US GAO Watchblog

Building Capacity in Science & Technology



Seventh Annual Executive Branch Review Conference: Regulatory Reform “Report Card” (May 9, 2019)

From: Federalist Society

The Seventh Annual Executive Branch Review Conference will take place on Wednesday, May 8 at the Mayflower Hotel in Washington, D.C. This day-long conference will feature plenary panels, addresses, and breakout panels that will examine a Regulatory Reform “Report Card.”


Opening Address

9:00 a.m. – 9:30 a.m.

Grand Ballroom

Plenary Roundtable: Regulatory Reform Report Card: Agency GC Perspective

9:30 a.m. – 10:30 a.m.

Grand Ballroom

Read Complete Conference Page


Spring 2019 Projects (ACUS Update)

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

by Emily Bremer

The Administrative Conference of the United States kicks off its spring committee meetings schedule this week, with new projects on: (1) Agency Guidance Through Interpretive Rules; (2) Public Availability of Agency Guidance; (3) Selection of Administrative Law Judges; and (4) Revisions to the Model Rules for Implementation of the Equal Access to Justice Act. These projects are targeted for completion at the 71st Plenary Session, which is scheduled for June 13, 2019.



Will Trump’s deregulation agenda survive?

From: The Agenda



Third, the general counsels at federal agencies need to work hard to ensure that each procedural requirement for deregulation has been honored; the easiest way for a federal judge to block deregulation is to point to a procedural box that has not been checked. Reviewing how and why prior legal challenges succeeded or failed will be helpful for administration officials to chart legal strategy.


A free-market agenda Maxine Waters can support

Editor’s Note: See also  Unwarranted Deputization: Increased Delegation of Law Enforcement Duties to Financial Institutions Undermines American Competitiveness.

From: Politico | The Agenda



Next, Waters’ committee should review the 1970 Bank Secrecy Act. The BSA was aimed at curbing money laundering, the process of turning funds earned through illegal activities into legitimate-looking assets such as real estate. Banks are required to file reports on every cash transaction over $10,000 and some above $5,000 — a compliance nightmare for small banks, accounting for nearly a quarter of their regulatory costs.


White House Emphasizes Data Quality, Consensus Standards, OIRA Review in Regulating Artificial Intelligence

Editor’s Note: See also An Updated Look at the Federal Policies Governing How Agencies Use Voluntary Consensus Standards in Regulatory, Procurement, and Science Documents.

From: Lawfare and White House

Document: Executive Order on Artificial Intelligence

By Matthew Kahn

On Monday, President Trump issued the following executive order on artificial intelligence. The White House provided a summary of the order, and the full order is below.

Executive Order on Maintaining American Leadership in Artificial Intelligence

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

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