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A Federal Register Growth Spurt, Third Day of Record-Breaking Streak
The Federal Register is on a roll. On Friday, it hit 75,314 pages, the 10th highest level of all time, even though more than two…
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A Monster Federal Register This Halloween
Today, the 2016 Federal Register stands at 75, 670 pages, the 9th highest “yearly” count of all time—but it’s only Halloween.
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How a New President Can Roll Back Bureaucracy, Part 13: Establish ‘Office of No’
Implement a “Do Not Regulate” Office to Clarify Economic Liberalization Alternatives to, and Explicit Exit Strategies from, Command and Control Rules.
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White House Stalling Regulation Report Until after Election?
Today, Monday, October 17th, marks the latest that the White House Office of Management and Budget (OMB) has ever been with its annual draft Report…
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Federal Register Tops 70,000 Pages, Headed for a Major Record
There’s no measure of regulation worse than counting Federal Register pages. But on the other hand, the bureaucracies aren’t exactly bending over backward to disclose…
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How a New President Can Roll Back Bureaucracy, Part 12: Acknowledge and Minimize Indirect Costs
This is the 12th entry in a series on how the next president can reduce bureaucracy. Earlier installments have addressed a freeze on rulemaking, the role…
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How a New President Can Roll Back Bureaucracy, Part 11: Analyze “Transfer” Costs
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How a New President Can Roll Back Bureaucracy, Part 10: Account Separately for Economic, Health and Safety, and Environmental Regulations
This is the 10th entry in a series on how the next president can reduce bureaucracy. Earlier installments have addressed a freeze on rulemaking, the role…
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How a New President Can Roll Back Bureaucracy, Part 9: Improve Classification of Major Rules
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How a New President Can Roll Back Bureaucracy, Part 8: Transparency Report Cards
Improving disclosure and transparency for regulatory output and trends is one area where a new president can unambiguously undertake unilateral initiatives without statutory regulatory reform.
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How a New President Can Roll Back Bureaucracy, Part 7: Track Regulatory Accumulation
This is the seventh entry in a series on how the next president can reduce the scope of bureaucracy. Earlier installments have addressed a freeze on…
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How a New President Can Roll Back Bureaucracy, Part 6: Enhance Disclosure in ‘Unified Agenda’
There are rules, and then there are rules. Agencies are supposed to alert the public to their priorities in the semi-annual “Regulatory Plan and Unified…
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How a New President Can Roll Back Bureaucracy, Part 5: Scrutinize Informal ‘Guidance’ Documents
When a new president scrutinizes agency rules as we have called for in this series, he or she also needs to bring “guidance documents” under…
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How A New President Can Roll Back Bureaucracy, Part 4: Expand Number of Rules Receiving Cost Analysis
The Office of Management and Budget conducts review of some significant or major rules’ cost-benefit analyses, but not quite as many or as deeply as…
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How a New President Can Roll Back Bureaucracy, Part 3: Review, Revise, Repeal, and Sunset
Short of the moratorium advocated at the top of this series, and in keeping with the spirit of executive orders and retrospective reviews that agencies…
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How a New President Can Roll Back Bureaucracy, Part 2: Boost Resources and Free Market Staff
If we must take the central, top-down administrative state as a given—and it seems that for the time being the Constitution is not coming to…
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How a New President Can Roll Back Bureaucracy, Part 1: Freeze Regulations Temporarily
In today’s economy, talk about regulatory liberalization has become a bit more bipartisan.
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Rewards and Risks of a Federal Regulatory Budget (Part 6)
By shedding light on comparative agency activity, budgeting and simultaneous improved congressional oversight could counter agency overreach.
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Rewards and Risks of a Federal Regulatory Budget (Part 5)
Benefits, even more so than costs do not lend themselves to measurement by a third party or external observer, and abuse will result from the…
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Rewards and Risks of a Federal Regulatory Budget (Part 4)
This week I began by making the case for the idea of a regulatory cost budget but wanted to spend time exploring looming pitfalls and…
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Rewards and Risks of a Federal Regulatory Budget (Part 3)
Monday in this space, I advocated the idea of a regulatory cost budget but noted there exist looming pitfalls and political traps that could derail…
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Rewards and Risks of a Federal Regulatory Budget (Part 2)
I advocate the idea of a regulatory cost budget but note that there exists looming pitfalls and political traps that could derail it or easily…
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Rewards and Risks of a Federal Regulatory Budget (Part 1)
Our case for capping and “budgeting” regulatory costs across federal agencies opens by asserting that that, perhaps apart from certain raw compliance and paperwork burdens,…
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Can a New President Cut Regulations Unilaterally?
Both presidential candidates have delivered economic speeches over the past two weeks, and both have at least given a nod to red tape and the…
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Next Administration Will Have to Try Harder on Regulatory Moratorium
In a speech yesterday to the Detroit Economic Club, Donald Trump proposed a moratorium on new federal regulations.
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Federal Register Tops 50,000 Pages, Yet Obama’s Report to Congress Is MIA
The annual Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities is quite overdue.
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Washington Post “Fact Checker” Column Still in Denial over Regulatory Costs
The Washington Post “Fact Checker” column is running its critiques of the Republican convention, and in the process is trying again to rebuff a $15,000…
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House Judiciary Subcommittee Assesses OMB Review of Federal Regulations
Last week on July 6, the U.S. House of Representatives Judiciary Committee’s Sub-Committee Subcommittee on Regulatory Reform, Commercial and Antitrust Law conducted a hearing on…
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Testimony on Regulatory Budgeting before the House Budget Committee
Today, the U.S. House of Representatives Budget Committee conducted a hearing on An Introduction to Regulatory Budgeting, and I was invited to testify by Chairman…
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Examining Agency (Over)Use of Regulatory Guidance Documents
Today the U.S. Senate Homeland Security and Governmental Affairs Subcommittee on Regulatory Affairs and Federal Management conducted a hearing on "Examining the Use of Agency…
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Wireless Net Neutrality: You Were Warned
Hundreds of people have been burrowing into this week’s D.C. District Court of Appeals 2-1 decision giving the Federal Communications Commission (FCC) everything it wanted…
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New Options for Regulatory Reform from Speaker Ryan
We here at the Competitive Enterprise Institute appreciate the release of the new report by the Task Force on Reducing Regulatory Burdens, issued as part…
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Controlling Federal Agency Guidance Documents: A To-Do List for Congress and Reformers
When I wrote about the proliferation of federal agency guidance documents and other regulatory “dark matter” that skirts Congressional oversight and even normal…
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Federal Regulations Affecting Small Business
It is often said that there is no such thing as a free lunch, something particularly true for the small businessperson. The “Small Business…
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Regulation: A 28 Percent Hidden Tax For The Family
When corporations pay taxes, you pay taxes. That is, while it’s popular to tax rich corporations, and even if they write the check to the…
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Regulatory Cost Blowout: Burden Is Triple the Deficit, Greater than Personal and Corporate Income Taxes Combined
The last time the federal government balanced the budget was between 1998 and 2001. But those were days when a $2 trillion federal budget…
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The Barack Obama Regulatory State Towers over that of Bush
A glance at the overall count of rules and regulations leads one to suppose regulatory burdens are decreasing. After all, since Obama took office the…
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The Proliferation of Federal Agency Guidance Documents
Recently we looked at some prominent recent examples of federal agency guidance—costly to-dos for the private sector. Today I wanted to say just a…
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When Bureaus Attack: Recent Examples of Federal Regulation by “Guidance Document”
In the recent paper “Why Congress Must End Regulation by Guidance Document,” I described the rise of federal agency regulatory dark matter and…
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Federal Agency “Guidance Document” Disclosure Gaps Show Congress Is in the Dark on Regulatory Overreach
In “A Quick and Dirty Inventory of Federal Agencies' Significant Guidance Documents,” I provided, well, a quick and dirty table depicting “significant” (usually, not always,…
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A Quick and Dirty Inventory of Federal Agencies’ Significant Guidance Documents
Much is written by many on federal agency regulations’ expansion and costs. Beyond those, guidance documents, memoranda, notices, and other regulatory dark matter…
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Obama’s 7 Years of Regulation Easily Outstrip Bush’s 8
Annually, despite ups and downs, the number of federal rules and regulations tops 3,400. While the overall rule counts in the Federal Register and…
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Common Property, Gains from Trade—and Statehood
Historian Staughton Lynd argued that the contemporaneously drafted Constitution and Northwest Ordinance of 1787 were themselves components of a larger implicit package that harmonized the…
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Oversight Hearing Will Find Federal Regulatory Transparency Quite Opaque
The 2015 edition of White House Office of Management and Budget’s (OMB) annual Draft Report to Congress on the Benefits and Costs of Federal Regulations was latest we’ve seen…
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Barack Obama as FCC Chairman
The saga of executive branch overreach continues, and we got a twofer today. The House Judiciary Task Force on Executive Overreach held a hearing this…
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The One Year Anniversary of Net Neutrality
In the pen and phone era, one of the many examples of the descent into arbitrary lawmaking influencing an entire sector of the economy is…
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Presidential Candidates Neglect Regulatory Bureaucracy
Allowing a $19 trillion federal debt when it was obvious that interest rates couldn’t remain zero forever is Exhibit A that legislatures rarely control spending.
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The 2016 Unconstitutionality Index: 39 Federal Rules for Every Law Congress Passes
The New Year brought news of yet more executive action by President Obama, most prominently this time on tweaking the Second Amendment and access to…
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Bureaucracy Unbound: 2015 Is Another Record Year For The Federal Register
With one day to go in 2015, the Federal Register tops off at 81,611 pages. That’s higher than last year at 77,687 pages and higher than it’s…
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Washington Says Merry Christmas With 80,000 Pages Of Regulation
There may be a federal war on coal in the ground, but Washington has plenty of coal for your Christmas stocking. The Federal Register—where federal…