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Title page

Contents

Executive Summary 2

Biden's Regulatory "Modernization" Continues Whole-of-Government Pursuit of Coercive Progressivism 8

Competition Policy That Exiles Competitive Enterprise Harms Equity 14

Getting Beyond a Federal Regulatory Budget and the Limitations of Administrative Reform 16

The Unknowable Costs of Regulation and Intervention and a $1.939 Trillion Estimate 18

Page Counts and Numbers of Rules in the Federal Register 33

The Expanding Code of Federal Regulations 41

The Presidential Dimension of Regulatory Dark Matter: Executive Orders and Memoranda 43

Another Dimension of Regulatory Dark Matter: Over 22,000 Agency Public Notices Annually 49

A Note on Rule Reviews at OMB's Office of Information and Regulatory Affairs 52

Analysis of "The Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions" 54

Notable Rules and Rulemakings by Agency 64

Federal Regulations Affecting Small Business 73

Federal Regulations Affecting State and Local Governments 79

Government Accountability Office Database on Regulations 81

Regulation without Representation: The "Unconstitutionality Index" - 13 Rules for Every Law 85

Liberate to Stimulate: Framing an Agenda for Rightsizing Washington 87

Appendix: Historical Tables 92

Tables

Table 1. The Regulatory State: An Overview for 2023 17

Table 2. Assessments of Federal Regulation: Late 20th Century, Early 21st Century (millions of dollars) 22

Table 3. Regulatory Costs in Small, Medium, and Large Firms, 2012 24

Table 4. Executive Orders by Administration 43

Table 5. Unified Agenda Entries by Department and Agency, Fall 2022 57

Table 6. Top Rule-Producing Executive and Independent Agencies (From Fall 2021 Unified Agenda, total of active, completed, and long-term rules) 59

Table 7. 332 Economically Significant Rules in the Fall Unified Agenda Pipeline Expected to Have $100 Million or More in Annual Economic Impact, Fall 2022 60

Table 8. Unified Agenda Entries Affecting Small Business by Department, Agency, and Commission, Fall 2022 74

Table 9. Government Accountability Office Reports on Major Rules as Required by the Congressional Review Act, 2003-2022 82

Table 10. Number of Significant and Major Rules 84

Figures

Figure 1. Annual Cost of Federal Regulation and Intervention, 2023 Estimate, $1.939 Trillion 25

Figure 2. Federal Outlays and Deficits Compared with Federal Regulatory Costs (2021, 2022, and Projected 2023) 27

Figure 3. Regulatory Compliance Compared with Individual Income Taxes, Corporate Income Taxes, and Corporate Pretax Profits, 2022 28

Figure 4. Estimated GDP in 2022 Compared to Federal Outlays and Regulation 28

Figure 5. U.S. Regulatory Costs Compared to 2021 Gross Domestic Product of the World's Largest Economies 29

Figure 6. U.S. Regulatory Load Compared to 2021 Gross Domestic Product in World Economies Regarded as Most Free 30

Figure 7. U.S. Household Expense Budget of $66,928 Compared to Regulatory Costs 31

Figure 8. Federal Agency Administrative and Enforcement Budgets, $82 Billion Total in FY 2021 32

Figure 9. Number of Federal Register Pages, 2008-2022 34

Figure 10. Federal Register Pages Devoted to Final Rules, 2004-2021 35

Figure 11. Federal Register Pages per Decade 800,947 Pages Currently Published in the 2020s 36

Figure 12. Number of Final Rules in the Federal Register, 2009-2022 37

Figure 13. Number of Proposed Rules in the Federal Register, 2009-2022 38

Figure 14. Accumulation of Final Rules Published in the Federal Register, 1996-2022 40

Figure 15. Code of Federal Regulations, 188,346 Total Pages in 2021, 2007-2021 41

Figure 16. Number of Executive Orders and Presidential Memoranda, 2005-2022 45

Figure 17. Public Notices in the Federal Register, 2000-2022 50

Figure 18. Number of OMB Rule Reviews and Average Days under Review, 2022 52

Figure 19. Total Agency Rules in the Fall Unified Agenda Pipeline, 2008-2022 56

Figure 20. 332 Economically Significant Rules in the Unified Agenda Pipeline, 2008-2022 61

Figure 21. Annual Completed Economically Significant Rules in the Unified Agenda, 2001-2022 62

Figure 22. Rules in the Pipeline Affecting Small Business, 2007-2022 74

Figure 23. Number of Final Rules in the Federal Register Affecting Small Business, 2008-2022 78

Figure 24. Number of Proposed Rules in the Federal Register Affecting Small Business, 2008-2022 78

Figure 25. Rules Affecting State and Local Governments, 2001-2022 80

Figure 26. The Unconstitutionality Index, 2009-2022 85

Boxes

Box 1. Some of Biden's Initial Escalations of Federal Economic and Social Controls 8

Box 2. Unmeasured Costs of the Administrative State 23

Box 3. Federal Workplace Regulations Affecting Growing Businesses 77

Box 4. Regulatory Transparency Report Card, Recommended Official Summary Data by Program, Agency, and Grand Total, with Five-Year Historical Tables 90

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