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Biden breaks Federal Register record
Joe Biden’s administration has set a new Federal Register record with 96,088 pages as of December 3, 2024, surpassing the Obama administration’s 95,894 pages in…
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Fred Smith and the Hourglass of Market Evolution
Our much–loved CEI founder Fred L. Smith Jr. would often insist that we not refer merely to antitrust or antitrust policy, but…
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From cuts to costs: Why federal paperwork keeps piling up
The Office of Management and Budget’s (OMB) release of the 2023 Information Collection Budget (ICB) paints a troubling picture of not just of growing federal…
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Swamp things: Why DOGE moving Beltway agencies to states isn’t deregulation
The Department of Government Efficiency (DOGE), expected to be established by president-elect Trump and led by Elon Musk and Vivek Ramaswamy, aims to slash regulations,…
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Biden’s regulatory report is in, but key costs remain in the shadows
The election is over and among much else, federal regulations are emerging front and center for the incoming administration. While the federal debt sits…
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Biden’s 2024 Federal Register page count already second highest ever
We’ve not closed the Book of Regulation for 2024, Biden’s final calendar year in office, but we can mark a milestone nonetheless. The Federal Register…
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A 2024 CEI HALLOWEEN SPECIAL: A new inventory unmasking federal agency guidance documents
In my new Halloween-themed article at Forbes, I explore the eerie expanse of federal agency guidance documents. We have to try to have a…
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The compliance crisis: Unveiling the regulatory loopholes agencies love
While federal regulatory reform is critical, it’s equally important that existing oversight laws be followed. Unfortunately, many of these laws are routinely disregarded, with little…
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Kamala’s Opportunity Agenda for Black Men: Regulatory frameworks masquerading as economic help
Recent developments signal a troubling trend for America’s small businesses, one that could alter the nation’s entrepreneurial landscape in a big and detrimental way. The…
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Next time, let’s try emergency powers that shrink government
As the nation deals with the aftermath of successive natural disasters, the need for a renewed debate on federal emergency powers is increasingly clear. While…
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Pen and phone power: How presidential documents are changing the rules
Presidential executive orders and directives have long played a pivotal role in shaping federal policies and regulations. As President Obama famously remarked in 2014, “I’ve…
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Congress decides, not agencies: The significance of the REINvented REINS Act
It’s been repeated a million times that in our constitutional republic, lawmaking power belongs to Congress. But over the years, this authority has increasingly shifted…
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Scaling deregulation: Can Trump achieve a 10-for-1 rule elimination?
In a speech at the Economic Club of New York, Donald Trump pledged if re-elected to eliminate—not two rules for every one added as he…
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Congress needs to fight the bureaucracy – and itself
After testifying before the House Committee on Administration in July on Congress in a Post-Chevron World, I received a series of Questions for…
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Congressional Review Act votes could claw back some of Biden’s regulations
As the Biden-Harris baton-passing administration approaches the final stretch of its first term, a critical deadline has passed that could render subsequent major federal rules…
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The social significance of the Consolidated Audit Trail
Personal privacy is important. The ability of citizens to communicate and do business with one another – and to do so with some degree of…
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Congress in a post-Chevron world
The House Committee on Administration conducted a regulatory reform hearing today entitled “Congress in a Post-Chevron World.” The title refers to the anticipated sea…
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How major rules are surging under the Biden administration
We’ve taken a look at the total numbers of significant regulations issued this year in the Biden administration as well as at the subsets…
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Anticipating post-Chevron federal power moves
In a series of landmark rulings just before Independence Day (SEC v. Jarkesy, Loper Bright Enterprises v. Raimondo, and Corner Post, Inc. v. Board of…
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Takeaways from Biden’s new Spring 2024 Unified Agenda of Federal Regulations
At the end of the July 4th holiday weekend, the Biden administration Office of Management and Budget (OMB) released the Spring 2024 edition of the…
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Reflecting on independence: More than fireworks and barbecues
As we enjoy barbecues, fireworks, and parades on the Fourth of July, we also reflect upon the deeper significance of our nation’s Independence Day and…
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Can moderators ask debate questions that don’t presume a progressive policy agenda?
Numerous policy issues are shaping this year’s first presidential debate between Joe Biden and Donald Trump, as well as the entire campaign atmosphere. These include…
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Biden-era unfunded and funded mandates alike are co-opting state and local priorities
Policymakers are increasingly aware of the federal red tape burden on small businesses, but they should also recognize its emergent implications for state and…
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Congress should heed GAO’s new regulatory reform recommendations
The Government Accountability Office (GAO) released a December 2023 report titled “Options for Enhancing Congressional Oversight of Rulemaking and Establishing an Office of Legal…
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The end of the ‘economically significant’ rule
Friends and allies in the liberty movement still often refer to high-cost regulations from the Biden administration as “economically significant” rules. What…
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The federal government’s shift toward controlling small business
Recent proclamations by the Biden administration have revealed a worrying shift in the federal government’s attitude toward America’s small businesses. In a new column…
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New bill would increase spending transparency, more regulatory transparency needed
Galileo may not have uttered the famous words, “Measure what is measurable, and make measurable what is not so,” but the sentiment behind that admonition…
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Navigating the maze of federal regulations in 2024: What to know
In a bureaucratic whirlwind, the 2024 Federal Register is attaining new heights, topping 41,000 pages today. An unsettling new norm for the past few weeks…
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Subsidy-free capitalism may require a constitutional amendment
Automobiles, electrification, ample consumer goods and mass marketing, a construction boom, and access to credit helped fuel the Roaring Twenties of a century ago.
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The vital role of private conservation: A different perspective on Earth Day
Amidst the jubilation over government-led environmental initiatives on yet another Earth Day yesterday, it’s crucial to highlight a perspective too often overlooked: private conservation, rather…
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The eventual federal regulatory budget has bipartisan roots
With apologies to Margaret Thatcher, I’ll often joke that when the federal government runs out of other people’s money, it keeps spending anyway. The Congressional…
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New lunar time zones reinforce importance of keeping regulators earthbound
Maybe when actually applied to the blackness of space, regulatory dark matter can be a good thing. Joe Biden this week directed NASA to collaborate…
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This model AI legislation would regulate government instead of the private sector
Brand new guidance from the Office of Management and Budget governing uses of artificial intelligence (AI) throughout the federal government was issued last week.
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Classifying regulations is now more confusing thanks to Biden administration
Joe Biden’s Modernizing Regulatory Review executive order (E.O. 14094) raised the threshold for a “significant regulatory action” from $100 million to $200 million in…
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One great moment in the budget battles: GOP’s ‘Policy Statement on Deregulation’
Today marks the release of the White House’s $7.3 trillion budget proposal for fiscal year 2025, even as policymakers continue their wrangling over the…
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SOTU 2024: Unparalleled spending, regulation, and dependency
In bumper-sticker fashion, we have fondly summed up Joe Biden’s recent State of the Union Addresses (SOTU) as appeals for more spending, regulation and…
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Where do regulations go when Congress shutters an agency?
The way the federal government spends money rarely changes until a crisis comes along. Arguably, we’re already there with federal debt service (interest) payments…
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Worried about massive federal debt? Time to right-size the regulators
In the annals of federal bloat, a milestone is looming as noted in another post last week: 2024 interest payments on America’s $34 trillion…
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Today’s federal spending makes the Louisiana Purchase look like pocket change
The week of Presidents’ Day 2024 comes at a lull before contentious budget battles resume in early March. It is thus an opportune moment…
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Red tape? More like chains, thanks to deficit spending and subsidies
Federal subsidies and grants are infamous for having strings attached. That’s nothing new, but those strings are increasingly chains. Businesses are being seduced into corporate…
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Attention regulators: Be on the lookout for the ALERT Act
It has been almost a quarter-century since the federal government performed an assessment of the aggregate costs of regulation of regulatory intervention. Late last year,…
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Use the Congressional Review Act to strike rules not reported to Congress and GAO
Significant attention is likely to turn to Joe Biden’s ambitious regulatory agenda before summertime. That’s because rules the administration finalizes “late”—during the last 60 in-session…
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Congress could revoke many costly Biden admin rules with Congressional Review Act. Here’s a list!
Until April of 2023, a federal rule costing $100 million was considered “economically significant.” Joe Biden’s Executive Order 14094 (Modernizing Regulatory Review) raised that…
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Unconstitutionality Index going into 2024: 46 rules for every law
The Biden’s administration’s 3,018 rules and regulations of 2023 is fairly typical of agency output these days. But while rule counts remain relatively stable,…
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Federal Register 2023 gives Congress 90,402 reasons to restrain the regulators
As we bid farewell to 2023 and ring in 2024, the Federal Register reveals a noteworthy chapter in regulatory history under the Joe Biden administration.
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American small businesses are paying through the roof for regulations
In a new column at Forbes, I take look at the National Association of Manufacturers’ (NAM) update of its …
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Biden’s yearly Federal Register second-highest page count ever, could still score number one
The Federal Register is the daily depository of rules and regulations. Today, the count stood at 86,256 pages, with three weeks to go for Joe…
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Federal government waves goodbye to ‘economically significant’ regulations
Last week, the Fall 2023 edition of the White House’s Unified Agenda of Federal Regulatory and Deregulatory Actions appeared. It features the…
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Slice the regulatory turkey this Thanksgiving
The turkeys Liberty and Bell just received a Thanksgiving pardon from Joe Biden. The official presentation of a turkey for a presidential pardon and rescue…
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Vehicle kill switches and other horrible things Washington is doing to us from a distance
The remote kill switch for automobiles authorized by the bipartisan Infrastructure Investment and Jobs Act (IIJA) in 2021 is a prime…
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White House report reveals tens of billions in new annual regulatory costs
A consolidated Draft Report to Congress on the Benefits and Costs of Federal Regulations hit the shelves at the end of October, catching…
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Biden admin wants to sweep independent agency regulation costs under the rug. Congress should say no.
When Congress gets around to streamlining federal regulations and forcing disclosure of their costs, exposés of the paperwork inflicted on the economy by independent…
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Net neutrality is political predation
It’s fitting that the Federal Communications Commission (FCC) chose to dig up the net neutrality corpse just before Halloween. Now, our elected representatives need to…
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What’s wrong with Bidenomics?
Yesterday, I pointed out that in the looming threat of a government shutdown, President Joe Biden is aiming to cement as his legacy something that…
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Congress can say no to Bidenomics in shutdown showdown
The contentious fiscal year 2024 budget battle, which might result in a partial federal government shutdown, is unfurling precisely as the national debt is…
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Under Biden, thousands of government guidance documents are becoming much harder to find
Laws passed by Congress get cataloged in the U.S. Code, while rules and regulations that incubate in the daily Federal Register land in the…
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Why Congress needs to care about Biden’s ‘Circular A-4’ subterfuge
Proposed changes in the American government’s executive regulatory functions showcase a conflict of visions over separation of powers; over executive overreach; over the size and…
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‘Economically significant’ regulations: an obituary
I never thought I’d miss “economically significant” rules and regulations. But Joe Biden’s Executive Order 14094 (“Modernizing Regulatory Review”) has redefined “Significant regulatory action.”…
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Inflation Reduction Act turns one, and wow that’s an ugly baby
As President Joe Biden celebrates the one-year anniversary of the Inflation Reduction Act (here’s the White House “Fact Sheet“) we…
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Don’t regulate AI. Defund it.
Just yesterday, Smart Home speakers were infuriating us with their confused and stubborn responses to simple questions. These days, the ascent of something closer to…
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GOOD Act only first step in forcing federal agencies to come clean on guidance documents
Alongside the familiar profusion of notice-and-comment regulations, federal agency guidance can include memoranda, notices, bulletins, directives, news releases, letters; even blog posts and…
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Bidenomics? Here are the 297 costliest rules in the president’s Spring 2023 Unified Agenda
Federal agencies issue thousands of rules, regulations and guidance documents every year compared to the relative handful of laws enacted by Congress.
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Is Biden admin disappearing a red flag for costly regulations?
Is the Biden administration trying to do away with the category of “economically significant” regulations altogether? Before this administration, an “economically significant” regulation was one…
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New Biden White House Agenda shows 3,666 rules in regulatory pipeline
The Spring 2023 Unified Agenda of Federal Regulatory and Deregulatory Actions has been released. A fall version of this twice-yearly document will also contain a…
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Time to shine more light on regulators’ ‘shadow boxes’
Accompanying presidential executive orders and memoranda are the numerous sub-regulatory proclamations of departments and agencies we like to call “regulatory dark matter.” Occasionally we…
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Rising small business regs may spur Senate to pass REINS Act
In a bid to restore congressional accountability over the regulatory enterprise, the 118th Congress this week is set to vote on the so-called REINS Act,…
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Biden administration keeps making it harder to track government ‘guidance’ documents
Federal government “guidance documents” consist of agency memoranda, bulletins, circulars, administrative interpretations, letters, manuals, and so much more. These are not supposed to be regulatory…
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Congress should stop the White House from rewriting ‘Circular A-4’
Barring an extension, next week (June 6) is the deadline for comments on the White House Office of Management and Budget’s …
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Do more deregulation in debt limit deal
The internal GOP debate this week is over lower-case “d” default if a June 6 deadline for an increase in the debt limit is…
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Let’s get this huge ‘hidden tax’ of regulation out into the open
Smack dab in the middle of contentious debt limit negotiations, the House Budget Committee held another in its series of hearings on American economic growth,…
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Congress shouldn’t party like it’s 2019 on national debt
Now comes the GOP’s turn to do its own version of a “lockdown.” Republicans should heed the advice of a member of the other party, Rahm…
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Debt Limit: When You Run Out of Other People’s Money, Keep Spending Anyway
Spending and deficit control are indispensable to a the long-term economic health and stability of a nation. But today, fiscal restraint is visible only in…
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Biden’s State of the Union in Five Words: More Spending, Regulation, and Dependency
Ladies and gentlemen, we can sum up President Joe Biden’s the State of the Union (SOTU) in five words: More spending, regulation, and dependency. That…
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Right Sizing the Federal Trade Commission Is Step One
As part of regulatory streamlining and administrative state reform efforts, members of the 118th Congress have already reintroduced several prominent pieces of legislation. These include…
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Inventories of Federal Agency Major Rules and Regulations Poised to Rise
Federal government reports and databases on regulations serve different purposes: The Federal Register details anddepicts the aggregate number of proposed and final rules—both those that…
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Agency Notices in the Federal Register Merit Close Monitoring by Congress
Along with presidential proclamations like executive orders and memoranda (examined recently here) are those of departments and agencies, which are numerous and sweeping. Without…
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An Update on Biden Administration Executive Orders and Presidential Memoranda
Executive orders, presidential memoranda, “Fact Sheets,” and other executive proclamations make up a substantial component of what passes for lawmaking in the United States today.
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A Rise in Unfunded Mandates on State and Local Governments Could Spur Calls for Regulatory Reform in the 118th Congress
The Biden administration’s surge in federal regulations affecting small business will likely to induce some calls for regulatory reform during the 118th Congress. Now…
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332 Costliest Rules in the Fall 2022 Unified Agenda of Federal Regulations
Every year, federal agencies issue thousands of rules, regulations, and guidance documents, compared to a relative handful of laws passed by Congress.
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The Fall 2022 Unified Agenda of Federal Regulations Extends “Whole-of-Government” Activism
The genius of the Progressives in the late 19th century was to preempt or push large sectors of the emerging…
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Where Is the Fall 2022 Unified Agenda of Federal Regulatory and Deregulatory Actions?
Federal budgets are chronically late and always unbalanced, but we do get them eventually. Increasingly, we get them good and hard, as we did…
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Biden Mocks Republicans as “Socialists;” Don’t Prove Him Right on the 2023 Omnibus
Several times in recent months, President Joe Biden mocked Republicans who had called his legislative agenda “socialist,” but afterward worked to channel some of the…
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What Republicans Can Do about the Federal Budget Now
When the new 2023 fiscal year began October 1, Washington had been running a series of trillion-dollar deficits. This year’s Christmastime budget showdown, and the adventures…
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New Unfunded Federal Mandates on State and Local Governments Could Spark Regulatory Reform
Substantial upticks in final and proposed regulation affecting small business beyond that seen already in the Biden administration appear likelier than not. A…
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Quick Observations on NDAA in Light of the Biden “Whole-of-Government” Agenda
Across the board, the Biden administration’s policies call for agencies to “prioritize action on climate change in their policy-making and budget processes, in their…
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Setting a Baseline for Proposed Rules Affecting Small Business
In what way are proposed rules affecting small business rising or falling, and should policy makers be on guard? The answer to the second part…
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A Surge in Small Business Burdens May Propel Regulatory Reform
Given heavy post-COVID spending and regulation, sentiments against expanding government have not been as strong as those in favor of Washington’s growth. It remains…
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This Thanksgiving Biden Pardons Poultry, Plucks Public with Spending and Regulation
Another year is flying by, and each time as I await the ever-delayed fall edition of the Unified Agenda of federal regulations I enjoy taking…
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Regulation Population Update: Checking in on Code of Federal Regulations Statistics
In a recent post we noted that, while the online Federal Register database depicts 3,257 final rules for 2021, the 73,000-page Federal Register’s count actually…
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The Unfairness of the FTC’s Policy Statement Regarding the Scope of Unfair Methods of Competition
The latest in a stream of regulatory dark matter is the Federal Trade Commission’s (FTC) November 10, 2022 “Policy Statement Regarding the Scope…
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Rules and Regulations Increase 45 Percent during Biden Administration
You’ve heard plenty from this quarter on broken disclosure and transparency in the Biden administration, which eliminated the “Deregulatory” designation for rules implanted…
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Talking Points on Biden’s “Whole-of-Government” Regulatory Escalations
Among much else, the 2022 edition of Ten Thousand Commandments presents a $2 trillion undercount of regulatory costs and showcases the march of rulemaking…
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Ten Thousand Commandments 2022 Released
The 2022 edition of Wayne Crews’s Ten Thousand Commandments report is out now. Now in its 28th year, it has its usual panoply of…
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Unmeasured Costs of Regulation are Accelerating under Biden
During a recent Senate hearing on the nomination to head the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA)—the…
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Questions the 118th Congress Should Ask OMB’s Office of Information and Regulatory Affairs
The Senate Homeland Security and Government Affairs Committee recently held a hearing on the nomination of Richard L. Revesz to be Administrator of the…
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A One-Pager on an “Abuse-of-Crisis Prevention Act”
In recent months CEI has presented the case for a “Abuse of Crisis Prevention Act” to counter and prevent the political predation that continues to…
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Tackling Unmeasured Government Growth Must be Prioritized in the 118th Congress
Fred L. Smith Jr., the founder of the Competitive Enterprise Institute, refers to the regulatory state as the least disciplined part of the federal enterprise.
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The Problems with the White House Competition Council
Sometimes seemingly little things slip under the radar that have big implications. One of those this week was the third meeting of President Biden’s…
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America Needs an Emergency Declaration to End All Emergency Declarations
Last night President Biden declared on 60 Minutes hat “The pandemic is over.” “If you notice, no one’s wearing masks, everybody seems to…
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Many Federal Agency Rules and Guidance Documents are Still Not Properly Reported to Congress and the GAO
A 2014 white paper prepared for the Administrative Conference of the United States (ACUS), “Congressional Review Act: Many Recent Final Rules Were Not Submitted…
