Category Archives: Publications

Regulatory Reform in 2016 Starts Now

The House is voting on two pieces of regulatory reform legislation today, the Sunshine Act and the SCRUB Act. Both will likely pass, then it’s on to the Senate, though veto threats to both bills complicate matters. Over at RealClearPolicy, I break down both bills. The Sunshine Act would reform a regulatory practice called sue-and-settle:

In a typical sue-and-settle situation, an environmental-activist group sues the Environmental Protection Agency for not meeting deadlines or not enforcing certain regulations thoroughly enough. EPA officials, who may have been working with the plaintiffs behind the scenes, happily admit guilt and agree to a settlement that expands the agency’s power and scope.

See also my colleague William Yeatman’s work on sue-and-settle reform. Meanwhile, the SCRUB Act would:

[E]stablish an independent commission to comb through the 175,000-page Code of Federal Regulations for old, obsolete, redundant, and harmful rules. Its goal is to “achieve a reduction of at least 15 percent” in cumulative regulatory costs. With that goal in mind, and given that federal regulations now cost nearly $1.9 trillion per year, a successful commission could save the American people around $285 billion per year.

Read the whole thing here.

Much to Be Thankful For

Thanksgiving is tomorrow, and all of us have much to be thankful for. Over at Inside Sources, I have a Julian Simon-inspired take on the holiday:

This Thursday is an opportunity to give thanks for a wonderful fact: In all of human history, there has never been a better time to be alive than right now. This might seem an odd thing to say at the moment. War, terrorism, poverty, political repression and hunger still plague many countries. The most recent wounds, inflicted in Paris, Syria, and elsewhere, are still fresh.

But life is improving in unprecedented ways.

Over the last century or so, the typical American’s income has grown sixfold. Life expectancy increased 30 years during the 20th century, from 47 years in 1900 to 77 in 2000. Infant mortality went down by more than 90 percent over that period, from roughly one in 10 to less than one in 100. Just think of all the broken hearts avoided. Nutrition and health care improved so rapidly that the typical American in 1950 was three inches taller than in 1900. Today’s Americans are taller still.

Read the whole thing here.

Virtuous Capitalism in Theory and Practice

Government is responsible for billions and billions of dollars of corruption and corporate welfare. Considering the potential returns on investment compared to honest entrepreneurship, it is a minor miracle the vice-to-virtue ratio in the economy isn’t even worse than it already is. Why is that? CEI founder Fred Smith and I wrote a recent paper, “Virtuous Capitalism,” which explores several possible answers to the question.

If you don’t have time to read the whole thing, Fred summarizes it in his most recent Forbes column, to which I contributed:

Capitalism has a bad reputation. Many people see it as corrupt, uncaring, and in bed with politicians. And popular wisdom isn’t always wrong. For example, take the Export-Import Bank’s pending renewal. How dare large, healthy businesses such as Boeing and General Electric receive billions of dollars-worth of special privileges?

Has Big Business thought through the political and social costs of such self-aggrandizement? Is sacrificing long-term moral standing for short-term dollars really wise?

Read the whole column here. The paper is here.

The Mild, Mild West: Regulation in America

Over at the newly launched US edition of the UK-based CapX wesbite, Wayne Crews and I have a short primer on U.S. regulation:

America has a reputation as the land of Wild West cowboy capitalism. The truth is rather more mundane. The US economy is one of the most heavily regulated in the world, with the total cost of federal regulations standing at nearly $1.9 trillion—equivalent to nearly two thirds of the UK’s entire GDP.

Read the whole piece here. For a more through treatment, see Wayne’s annual Ten Thousand Commandments report.

Virtuous Capitalism vs. Rent-Seeking

Over at the Institute for Energy Research’s Master Resource blog, I have a guest post summarizing Fred Smith’s and my recent paper, “Virtuous Capitalism.” The post is here, and the paper is here.

Virtuous Capitalism, or, Why So Little Rent-Seeking?

The venerable Fred Smith and I have a new paper out today. Click here to read it. In the paper, we try to solve the Tullock Paradox, named for the late, great economist Gordon Tullock (my remembrance of him is here).

What is the Tullock Paradox? It involves rent-seeking, or seeking special favors from the government. Bailouts, subsidies, and regulations that prevent competition are all examples of rent-seeking. To provide some context, lobbying is roughly a $3.5 billion industry, and the federal government doles out more than $100 billion in corporate welfare—meaning rent-seeking is potentially a 30-fold investment. Not 30 percent, 30-fold. Meanwhile, the Dow Jones averages an 8 percent return. With such outlandish returns on investment, the Tullock Paradox is: why so little rent-seeking?

Tullock had his answers, rooted in economic reasoning, which we summarize in the paper. But while Tullock’s theories are valid, they’re missing something: ethics, virtue, and a full picture of humanity. Most economists stick to analyzing a Homo economicus character who is unfailingly rational and utility-maximizing. This is a useful and interesting species to study, but Fred’s and my goal is to encourage economists to study Homo sapiens as well. We are capable of pride and shame, we want to love and be loved, we aren’t always 100 percent consistent, and we make mistakes all the time.

One reason there is so little rent-seeking is that most (but not all!) businessmen and entrepreneurs have a sense of virtue and honor that prevents them from seeking special favors. It is much more satisfying to make an honest living than a dishonest one. This sort of thing is difficult to quantify, but it is real, and economists should allow virtue to exist in their models.

Moreover, economists’ single-minded focus on sin means they’re only doing half their job. They should also praise and encourage virtuous behavior when they see it. Praise where due, not just criticism where due. Just as rent-seekers deserve opprobrium, honest entrepreneurs deserve to be admired and emulated. Maybe if virtuous capitalists had higher social standing, there would be more of them.

Over the next week or two, we’ll be putting up a series of short posts explaining Tullock’s “Big Four” theories for why there is so much less rent-seeking than one would expect. Besides providing a rent-seeking primer for those who don’t have time to read our entire paper, we’ll also delve into our larger project of encouraging economists to study Homo sapiens as well as Homo economicus, and to acknowledge virtue as well as sin.

Read our paper here.

New CEI Paper: The Case for Closing OPIC

OPIC is the Overseas Private Investment Corporation. It is a federal agency that offers financing for international projects by U.S. companies. Intended mainly as an economic development tool for developing countries, OPIC is also a way to give assistance to U.S. companies, and serves as a foreign policy tool for the federal government. In recent years, OPIC has also been captured by renewable energy interests, who now receive roughly 40 percent of its business.

OPIC’s charter expires on September 30, unless Congress renews it—in this way, its business model is similar to the now-expired Export Import Bank, which also has charters of finite length. In a new CEI paper, released today, I outline the case for closing OPIC in more detail:

Only about 5 percent of OPIC’s business goes to countries deemed as among the least developed by the United Nations. OPIC overwhelmingly works with big businesses, with a literal top 10 list of its beneficiaries capturing nearly 90 percent of its business in some years. The jobs OPIC supports come at a cost of nearly $329,000 each. The agency’s political risk insurance    program encourages bad behavior by predatory governments around the globe. More than 40 percent of OPIC’s business goes to a single industry—renewable energy—known more for its   political acumen than creating consumer value.

Read the whole paper here. If you prefer a one-page version, see the press release.

How to Fix Regulation without Representation

Before it departed for its August recess, the House passed the Regulations from the Executive In Need of Scrutiny (REINS) Act. It would require Congress to hold votes on all new agency regulations costing at least $100 million per year, and would limit agency’s ability to regulate unilaterally.

In a piece over at The Hill’s Congress Blog, Wayne Crews and I make the case for the reconvening Senate to pick up the baton and also pass REINS:

There is an urgent need to free consumers, entrepreneurs and small businesses from the costs and hurdles associated with federal red tape. The REINS Act would be an excellent anchor for reform, allowing Congress to clean out obsolete rules and strengthen rulemaking disclosure and oversight. REINS deserves both a vote in the Senate and to reach President Obama’s desk. If the president vetoes it, it’ll be up to him to explain why Americans should be controlled by agency bureaucrats rather than the people they elected to represent them in Congress.

Read the whole thing here.

Ex-Im Is Expired: Now What?

Two weeks ago, the Export-Import Bank’s authorization lapsed. The agency remains open, but is not allowed to consider new loans or other projects. It may only maintain its existing portfolio, which will wind down over a period of several years.

In an op-ed over at Inside Sources, I take a look at what’s next for Ex-Im:

Rarely does a federal agency shut its doors — the Civil Aeronautics Board closed in 1985, and the Interstate Commerce Commission followed suit in 1995, but that’s about it. Twenty years later, will Ex-Im add its name to this short list? What will happen then? Should the agency be revived?

The short answers are that nobody knows if it will actually close, not much will happen in the short run either way, and the agency should not be revived.

In the time since I wrote the piece, it’s begun to look like Ex-Im reauthorization will be folded into the big highway bill Congress will consider later this month, but nothing is concrete yet.

Read the whole thing here.

Ten Thousand Commandments

The 2015 edition of Ten Thousand Commandments is out now. The report gives a 30,000-foot view of the federal regulatory state: how many new regulations come out each year (3,500+), how much they cost ($1.88 trillion annually), and other important information, along with a menu of reform ideas.

This kind of big-picture information is readily available for the federal budget, but not the regulatory state. 10KC is an effort to make the government’s most opaque branch a little more transparent.

You can read the whole report here. If you prefer a shorter version, the Wall Street Journal wrote an editorial summarizing the study’s main findings, as did Investor’s Business Daily and the Washington Times. Wayne Crews and I also have an op-ed in today’s Fresno Bee:

And although members of Congress like to blame agencies for these costs, lawmakers share part of the blame… While Congress passed 224 laws last year, agencies issued 16 times more new regulations – 3,554 new rules in total. This huge disparity between laws passed and regulations issued by unelected agency officials can be described as an “unconstitutionality index,” which averaged 26 regulations issued for every law passed over the last decade.