Category Archives: Uncategorized

CEI Experts on COVID-19 Relief Bill

My colleagues and I have a generally dim view of the proposed coronavirus stimulus bill. A roundup of our reactions is here. Here’s my contribution on its minimum wage proposal:

Senior Fellow Ryan Young:

“The Democrats’ demands require firms seeking federal aid to pay a minimum wage of $15 an hour. Small businesses across the country are struggling to make payroll. An unexpected increase in payroll costs could put far more workers at risk of losing their job than under normal times. At the very least, workers would see cuts to their non-wage pay such as insurance, meals, parking, and other benefits. These tradeoffs would appear at precisely the worst time.​”

This Week in Ridiculous Regulations

By now, most of the world has a week or more of social distancing under their belts. People are doing an admirable job of dealing with the difficulties and helping each other out. Governments are responding to the coronavirus with a mix of hasty “flash policy” as well as getting rid of harmful regulations on restaurants, schools, and stores. Most of these rules were never needed in the first place, and a growing list of such rules is available on Twitter’s #NeverNeeded hashtag. Meanwhile, agencies issued new final regulations ranging from vegetable oil emissions to how to treat astronauts.

On to the data:

  • Last week, 82 new final regulations were published in the Federal Register, after 62 the previous week.
  • That’s the equivalent of a new regulation every two hours and three minutes.
  • Federal agencies have issued 703 final regulations in 2020. At that pace, there will be 3,196 new final regulations. Last year’s total was 2,964 regulations.
  • There were also 35 proposed regulations in the Federal Register last week, for a total of 463 on the year. At that pace, there will be 2,105 new proposed regulations in 2020. Last year’s total was 2,184 proposed regulations.
  • Last week, agencies published 568 notices, for a total of 4,853 in 2020. At that pace, there will be 22,060 new notices this year. Last year’s total was 21,804.
  • Last week, 1,492 new pages were added to the Federal Register, after 1,258 pages the previous week.
  • The 2020 Federal Register totals 16,226 pages. It is on pace for 73,755 pages. The 2019 total was 76,288 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Two such rules have been published this year. Four such rules were published in 2019.
  • The running cost tally for 2020’s economically significant regulations ranges from net savings of between $180 million and $4.69 billion. 2019’s total ranges from net savings of $350 million to $650 million, mostly from estimated savings on federal spending. The exact number depends on discount rates and other assumptions.
  • Agencies have published 16 final rules meeting the broader definition of “significant” so far this year. 2019’s total was 66 significant final rules.
  • So far in 2020, 140 new rules affect small businesses; six of them are classified as significant. 2019’s totals were 501 rules affecting small businesses, with 22 of them significant.

Highlights from last week’s new final regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

Getting Rid of #NeverNeeded Regulations Hindering Coronavirus Response

What can Washington do to minimize harm from the coronavirus? The answer isn’t hasty flash policy, as Iain Murray and I have argued. If anything, some of the best policy responses are coming not from imposing new regulations, but from loosening old ones. In fact, many such rules were never needed in the first place. To that end, a Twitter hashtag, #NeverNeeded, is collecting a small but growing list of ideas for rules to get rid of, as well as rules that already have been eased.

Ideas are welcome. If you’re on Twitter, please tag CEI’s account, @ceidotorg, or my account, @regoftheday, with your #NeverNeeded examples, ideas, and stories. We’ll periodically update this list as it grows. Other lists of ideas are available from CNN, the R Street InstituteAmericans for Tax Reform, and the Mississippi Center for Public Policy.

So far, the list includes:

Ideas

  • Remove tariffs and other supply chain barriers that prevent health care supplies from getting to where they are needed.
  • The Food and Drug Administration (FDA) should significantly ease its process for approving vaccines, treatments, and tests.
  • The Securities and Exchange Commission should change accounting rules that discourage stockpiling of medical supplies and other assets that would have been very useful right now.
  • Stop the attack on independent contractors such as delivery drivers, who are making quarantines safer and easier for so many people, by trying to reclassify them as employees rather than independent contractors. The worst instance of this is the California state statute AB5, which has resulted in a lot of people losing employment—many of whom already worked form home.
  • The Center for Disease Control and Prevention (CDC) should focus on its mission of disease control, and drop its campaigns against e-cigarettes and other disease-unrelated products.
  • The CDC should ease methadone clinic regulations that often require long lines to form at clinics.
  • Expanding right-to-try policies for medicines that have not yet been approved.
  • Congress should repeal the Jones Act, which makes international shipping of medical supplies and other goods slower and more expensive. A forthcoming paper by CEI’s Mario Loyola makes that case in detail.

Already Proposed or Enacted

This list is hopefully just the start. More ideas are coming in at the Twitter hashtag #NeverNeeded. Your ideas are welcome.

In the News: Flash Policy

I am quoted in a Fox News piece warning against hasty “flash policy” responses from Washington to the coronavirus.

CEI senior fellow Ryan Young similarly told Fox News that the government should consider removing tariffs and speeding up regularly approval for coronavirus treatments. “The Fed should not be responding to a medical emergency with misguided ‘flash policy’ stimulus,” he said.

Whole story here. Don’t be scared, but do take coronavirus seriously. Stay safe, everyone. And Washington is not the place to look to for leadership.

This Week in Ridiculous Regulations

It was a rough week. Coronavirus infections and deaths continued to climb. Wall Street is officially in a bear market, and Congress and President Trump are considering all manner of unwise flash policies. All the major sports leagues postponed or canceled their seasons and tournaments, which will make quarantines even more difficult for many people. Even Disneyland is closed for the time being. Meanwhile, agencies issued new final regulations ranging from refrigerants to immigrant DNA.

On to the data:

  • Last week, 62 new final regulations were published in the Federal Register, after 59 the previous week.
  • That’s the equivalent of a new regulation every two hours and 43 minutes.
  • Federal agencies have issued 621 final regulations in 2020. At that pace, there will be 3,105 new final regulations. Last year’s total was 2,964 regulations.
  • There were also 35 proposed regulations in the Federal Register last week, for a total of 428 on the year. At that pace, there will be 2,140 new proposed regulations in 2020. Last year’s total was 2,184 proposed regulations.
  • Last week, agencies published 420 notices, for a total of 4,285 in 2020. At that pace, there will be 21,425 new notices this year. Last year’s total was 21,804.
  • Last week, 1,258 new pages were added to the Federal Register, after 1,284 pages the previous week.
  • The 2020 Federal Register totals 14,732 pages. It is on pace for 73,660 pages. The 2019 total was 76,288 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Two such rules have been published this year. Four such rules were published in 2019.
  • The running cost tally for 2020’s economically significant regulations ranges from net savings of between $180 million and $4.69 billion. 2019’s total ranges from net savings of $350 million to $650 million, mostly from estimated savings on federal spending. The exact number depends on discount rates and other assumptions.
  • Agencies have published 16 final rules meeting the broader definition of “significant” so far this year. 2019’s total was 66 significant final rules.
  • So far in 2020, 120 new rules affect small businesses; six of them are classified as significant. 2019’s totals were 501 rules affecting small businesses, with 22 of them significant.

Highlights from last week’s new final regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

Coronavirus and the Limits of “Flash Policy”

The coronavirus outbreak is serious, and it deserves a serious response. If you’re healthy, help people out. If you have elderly relatives or neighbors, reach out and see if they need anything. If you need help yourself, don’t be embarrassed to ask for it. If you need to cancel travel, work from home, or even self-quarantine, do so. It might be unpleasant, but it’s likely better than the alternative. And, of course, be diligent about washing your hands. But what about public policy? The real meat of Washington’s coronavirus response should focus on the long term, not the short term. Congress should refrain from passing what my colleague Wayne Crews calls “flash policy,” such as a crisis-inspired stimulus package, or bailouts, or rash monetary fixes.

There are a few immediate actions the federal government should take. My colleague Iain Murray suggests reducing tariffs, especially on medical supplies, faster approval for vaccines, and a few other things. Several of our other colleagues have additional ideas. But honestly, the list is short. The federal government is just not well-suited for fast, flexible crisis response. Most of the government-appropriate responses are at the state and local level, not the federal level.

Short-term flash policy is at best unnecessary. More likely, it is actively harmful. To show why, here is a graph of U.S. real GDP, 1929-present. The gray bars indicate where recessions are. If they weren’t there, they would be hard to see. The coronavirus may well give us another gray bar. Whatever Washington does now will have little to do with whether or not one appears, or how severe it will be, or how long it will last.

The graph’s 90-year span includes the Great Depression, World War II, oil price shocks, stagflation, and the 2008 financial crisis. Long term, the economy will be fine, even if the coronavirus has an impact on par with those events. We should be concerned not with a gray bar, but with helping the sick and containing the infection’s spread.

While there just isn’t much Washington can do in the short run, there are long-run policies Congress should enact. Easing regulatory burdens will enable faster, more flexible responses to future outbreaks—even in areas that might not seem to be outbreak-related. For example, my colleague Marc Scribner points out that drones and autonomous vehicles can help to prevent infections from spreading in the first place, and can make quarantines easier on the people who have to endure them. Lifting regulatory barriers against them won’t help with the coronavirus pandemic right now. But if there is another outbreak in five or ten years, it could help people then.

The point is that limiting damage from disease requires flexibility and adaptability. Intentionally or not, many regulations freeze things in place. They make adapting and improving more difficult. Easing those burdens will not calm the stock market today. Nor will it help anyone with coronavirus right now get better any faster. But less restrictive, more flexible regulatory institutions can improve everyone’s chances the next time an outbreak happens. And eventually, one will.

I don’t expect Congress or President Trump to take the long view right now. It’s an election year. Long-term regulatory reform would do little to calm volatile markets. People are scared right now, and not always thinking rationally. This is reflected in jittery markets, which are comprised of scared, sometimes irrational human beings. People won’t likely even listen to long-term policy proposals until the short term settles down a bit.

And that’s ok. Let’s take care of each other first. Let’s enact what policies are suited to the problem, such as reducing medical supply tariffs and expediting vaccine approval. Let’s avoid flash policies like stimulus or bailouts. Washington is inherently helpless against the coronavirus. Considering the harm that flash policies can cause, the coronavirus response is a time for limited government, not a new case for the opposite. Then we can talk about long-term institutional improvements such as regulatory flexibility and institutional safeguards against flash policies. Ultimately, sound institutions are what will allow for faster, more flexible responses to epidemics, and keep people safe.

The Minimum Wage Tax Increase

By far the most common criticism of minimum wages is that they cost jobs. This is incomplete—the data often show smaller job losses than one would expect after minimum wages go up. This is because workers earn more than wages—they also get non-wage pay such as insurance, free food and parking, and more. When regulations cause wage pay to go up, employers cut non-wage pay to pay for it. Job cuts happen, but they tend to be a last resort. I recently wrote a paper on these underappreciated tradeoffs.

The most underappreciated minimum wage tradeoff is a tax increase on the poor, which for some people would exceed $2,000. When untaxed non-wage pay is converted to taxable wages, workers pay higher taxes, without necessarily making more money. If a $15 minimum wage passes, it could cost some workers more than $2,000 in taxes, in addition to all the other non-wage pay cuts that come with a minimum wage increase.

I try to shine some light on this in an op-ed for Inside Sources:

To afford higher wages, employers cut back on other benefits, like health insurance, workplace leave flexibility, free meals, free parking or tuition reimbursement. That’s a real loss to workers, considering that non-wage pay is mostly tax-free.

By incentivizing employers to convert nonwage benefits to wages,  minimum wage advocates are, probably unknowingly, proposing a massive tax increase on the poor.

For some workers, this would mean a tax increase of up to $2,370 per year at a $15 per hour minimum wage. Depending on which state a worker lives in and other factors, shifting untaxed non-wage pay over to taxable wages could also expose some minimum wage earners to income tax liability, sales taxes and other taxes.

Read the whole thing here. My paper “Minimum Wages Have Tradeoffs” is here.

Book Review: Steven Strogatz – Infinite Powers: How Calculus Reveals the Secrets of the Universe

Review of Steven Strogatz – Infinite Powers: How Calculus Reveals the Secrets of the Universe

This book is really, really good. It should be required supplemental reading for math teachers, who should assign relevant portions to their students. Most math pedagogy consists of memorizing procedures. It’s mostly how, with only a little bit of what or why. There is rarely much of any unifying theme that ties the separate problem-solving procedures together in a way that makes sense. Strogatz provides all that, and in a compelling way, complete with examples ranging from medicine to astronomy.

Strogatz also explains terminology, which is another common weak spot in classrooms. Why are calculus’ two main concepts called derivative and integrals? I didn’t learn that in undergrad. Nor in a high-quality graduate economics program. Instead, I learned it from Strogatz’s popular-level book in my late 30s.

Another fun bit of etymology is that the word “calculus” is derived some the world for rock. It shares a root with calcium, chalk, calcite, and other similar words. This is because in ancient times, people did their counting by sliding stones along an abacus’ strings.

The concept of infinity is key. Calculating the area of a circle is hard because of the curves. Slicing it into quarters, like a pizza, makes it a little easier. The wedges are kind of triangle-like, but there is still plenty of curved surface on the outside. Cutting into 8, 16, and 32 slices makes the curve progressively less important. Tending the number of slices towards infinity sends that tricky curved area towards zero. Long before infinity, it reaches deep decimal territory, where the accuracy of the calculation is good enough to satisfy even the most exacting engineers. Infinite parts are simpler than a complex whole. This view of infinity is the key to understanding calculus.

Differentiating is taking a complex whole, like a circle, and converting into many different parts, which are easier to calculate accurately. Derivatives are parts derived from a larger whole. Integrals take these differentiated parts and integrate them back together. Calculus is essentially the math of moving from a whole to its parts and back, as needed to accomplish the task at hand.

This is simple stuff that is so obvious to veteran instructors that they never bother to teach it to rookie students. This kind of larger context and purpose should be taught on day one of any course, and regularly reinforced as new material is introduced.

In high school, I spent months memorizing procedures for calculating sines and cosines, but never really learned much about their significance, or knew that they had anything to do with calculus. Moreover, why does it matter that the same curved shape is shifted horizontally? More than twenty years later, I finally learned why. The sine wave is interesting because of its continually changing slope. And a sine wave’s derivative is… it’s cosine. And now I have a greater appreciation of everything from the changing length of daylight during the seasons to how sound waves interact with each other. The rate of change in daylight as the calendar moves from solstice to equinox is a sine wave. The rate of change is slowest at the solstice (about 40 seconds), and fastest at the equinox (more than two minutes). Figuring out the rate of this change at any given point can be figuring out the derivative. In the special sine wave case, this is simple—just figure out the cosine.

Again, this is basic stuff that high schoolers deserve to know. GPAs would likely be measurably higher, and understanding measurably greater, by teaching a little bit more of this big-picture context and a little less rote memorization.

Needless to say, I will be reading Strogatz’s other books in short order. Infinite Powers would pair well with David Salsburg‘s The Lady Tasting Tea, which accomplishes a similar task with statistics.

This Week in Ridiculous Regulations

During the four-day week, Lawrence Tesler passed away. The underappreciated inventor created the cut, copy, and paste functions on computers. The Hair Club for Men also lost a client. Meanwhile, agencies issued new final regulations ranging from “biological products” to land erosion taxes.

On to the data:

  • Last week, 53 new final regulations were published in the Federal Register, after 66 the previous week.
  • That’s the equivalent of a new regulation every three hours and 10 minutes.
  • Federal agencies have issued 414 final regulations in 2020. At that pace, there will be 2,958 new final regulations. Last year’s total was 2,964 regulations.
  • There were also 41 proposed regulations in the Federal Register last week, for a total of 306 on the year. At that pace, there will be 2,186 new proposed regulations in 2020. Last year’s total was 2,106 proposed regulations.
  • Last week, agencies published 358 notices, for a total of 2,951 in 2020. At that pace, there will be 21,079 new notices this year. Last year’s total was 21,804.
  • Last week, 1,551 new pages were added to the Federal Register, after 1,271 pages the previous week.
  • The 2020 Federal Register totals 10,268 pages. It is on pace for 73,343 pages. The 2019 total was 70,250 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. One such rule has been published this year. Four such rules were published in 2019.
  • The running cost tally for 2020’s economically significant regulations is currently zero. 2019’s total ranges from net savings of $350 million to $650 million, mostly from estimated savings on federal spending. The exact number depends on discount rates and other assumptions.
  • Agencies have published 13 final rules meeting the broader definition of “significant” so far this year. 2019’s total was 66 significant final rules.
  • So far in 2020, 81 new rules affect small businesses; four of them are classified as significant. 2019’s totals were 501 rules affecting small businesses, with 22 of them significant.

Highlights from last week’s new final regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

This Week in Ridiculous Regulations

Spring Training began for all 30 Major League Baseball teams, bringing joy across the nation. Meanwhile, agencies issued new final regulations ranging from grains ounce equivalence to inactive fishing boats.

On to the data:

  • Last week, 66 new final regulations were published in the Federal Register, after 60 the previous week.
  • That’s the equivalent of a new regulation every two hours and 33 minutes.
  • Federal agencies have issued 361 final regulations in 2020. At that pace, there will be 2,912 new final regulations. Last year’s total was 2,964 regulations.
  • There were also 61 proposed regulations in the Federal Register last week, for a total of 265 on the year. At that pace, there will be 2,138 new proposed regulations in 2020. Last year’s total was 2,106 proposed regulations.
  • Last week, agencies published 410 notices, for a total of 2,593 in 2020. At that pace, there will be 20,912 new notices this year. Last year’s total was 21,804.
  • Last week, 1,271 new pages were added to the Federal Register, after 1,536 pages the previous week.
  • The 2020 Federal Register totals 8,715 pages. It is on pace for 70,283 pages. The 2019 total was 70,250 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. One such rule has been published this year. Four such rules were published in 2019.
  • The running cost tally for 2020’s economically significant regulations is currently zero. 2019’s total ranges from net savings of $350 million to $650 million, mostly from estimated savings on federal spending. The exact number depends on discount rates and other assumptions.
  • Agencies have published 11 final rules meeting the broader definition of “significant” so far this year. 2019’s total was 66 significant final rules.
  • So far in 2020, 71 new rules affect small businesses; four of them are classified as significant. 2019’s totals were 501 rules affecting small businesses, with 22 of them significant.

Highlights from last week’s new final regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.