From: The Regulatory Review


Implementing ACUS recommendations would enhance access to rulemaking materials.

Federal agencies issue thousands of regulations each year. In making these rules, agencies follow a notice-and-comment process that allows the public to weigh in on new regulatory proposals. These public comments can boost the quality of regulations by giving regulators access to well-informed views and relevant information they might not otherwise have.

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