This Week in Ridiculous Regulations

Unemployment is back under 6 percent, and it’s looking more and more like the economy is reverting back to trend. We’re not there yet, but the trajectory is good. The good news is that a lot of planned stimulus and infrastructure spending is now clearly unnecessary. The bad news is that Congress will likely spend the money anyway. President Biden’s proposed $6 trillion budget will not become law, but it will serve as a starting point. The 2021 Federal Register also topped 30,000 pages on Friday. Meanwhile, agencies issued new rules ranging from water testing to authenticating calls.

On to the data:

  • Agencies issued 54 final regulations last week, after 62 the previous week.
  • That’s the equivalent of a new regulation every three hours and 7 minutes.
  • With 1,314 final regulations so far in 2021, agencies are on pace to issue 3,099 final regulations this year. 2020’s total was 3,149 final regulations.
  • Agencies issued 32 proposed regulations in the Federal Register last week, after 36 the previous week.
  • With 904 proposed regulations so far in 2021, agencies are on pace to issue 2,132 proposed regulations this year. 2020’s total was 2,021 proposed regulations.
  • Agencies published 297 notices last week, after 467 notices the previous week.
  • With 9,318 notices so far in 2021, agencies are on pace to issue 21,976 notices this year. 2020’s total was 22,480.
  • Last week, 956 new pages were added to the Federal Register, after 1,373 pages the previous week.
  • The average Federal Register issue this year contains 284 pages.
  • With 30,065 pages so far, the 2021 Federal Register is on pace for 70,908 pages in 2021. The 2020 total was 87,352 pages. The all-time record adjusted page count (subtracting 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. There are two such rules so far in 2021, none from the last week. Agencies published five economically significant rules in 2020 and four in 2019.
  • The running cost tally for 2021’s economically significant rules ranges from net savings of $100.7 million to net costs of $362.5 million. The 2020 figure ranges from net savings of between $2.04 billion and $5.69 billion, mostly from estimated savings on federal spending. The exact numbers depend on discount rates and other assumptions.
  • Agencies have published 17 final rules meeting the broader definition of “significant” in 2020, with none in the last week. This is on pace for 40 significant rules in 2021. 2020’s total was 79 significant final rules.
  • In 2021, 257 new rules affect small businesses. Five are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

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

Facebook’s Content Moderation Decisions Preferable to One-Size-Fits-All Government Regulation

This news release was originally posted on cei.org.

Facebook announced today it suspended former President Donald Trump from the platform for two years retroactive to January 7, 2021. Responding to a ruling against the former president’s indefinite suspension from its own Oversight Board, the social network also laid out policies for how it would treat content moderation of posts by public officials.

Director of CEI’s Center for Technology and Innovation Jessica Melugin said:

“People who value freedom of speech should be encouraged a private entity like Facebook is attempting to deal with thorny issues about what is and is not permissible speech on their own, without heavy-handed and rigid government regulation. Facebook is under pressure from both sides of the ideological spectrum to enact very different policies toward content moderation and are faced with novel challenges presented by the billions of user-generated post shared on their platform daily. No decision will make everyone happy.

“While it is curious Facebook chose to respond to the Oversight Board’s decision five months early, dealing with these issues without government coercion will allow Facebook to institute policies in line with its own values while not imposing their own content moderation standards on other platforms, as would happen with a one-size-fits-all federal regulatory approach.

“The former president might be suspended from Facebook for two years, but that is not the same as being ‘censored’ or ‘silenced.’ He is still free to make public statements, appear on television and radio, hold rallies, or join other social networks. The government compelling Facebook to carry speech with which it disagrees would be the real threat to free speech.

“Facebook has every right to curate their product as they choose, just as consumers have every right to use a different social media platform with content moderation and community standards more in line with their own.”

CEI senior fellow Ryan Young said:

“What is the right way to deal with malicious, incendiary, or fake content? Nobody knows—and that’s the point. Facebook doesn’t know. President Trump doesn’t know. Nor do Republicans and Democrats in Congress. We are in the middle of a discovery process right now. Maybe Facebook made the right call to ban President Trump from its platforms for two years after his remarks about the January 6 Capitol riots. Maybe they didn’t. Not only does nobody have the correct answer, there likely isn’t a single correct answer.

“What we need is an ongoing process of trial and error, where individuals and companies discover which norms, institutions, and policies will help to slow the spread of misinformation on social media while giving people space to express themselves. Washington is not the place to look to for leadership here. People are already coming up with multiple competing approaches to content moderation. As people try them out, tinker with them, discard them, or improve them, the results will be far better than whatever uniform, politically motivated policy Congress would write down in stone.”

Next week, CEI is holding a book forum for Jonathan Rauch’s “The Constitution of Knowledge: A Defense of Truth.” Join us on Wednesday, June 9 at 12:00pm ET. RSVP here.

Jobs Numbers Show Rolling Back Covid-19 Restrictions Would Restore Resilience in U.S. Economy

This press statement was originally published on cei.org.

The Biden Administration’s Labor Department reported today that the United States added 559,000 jobs in May and the unemployment rate dropped to 5.8%.

CEI Senior Fellow Sean Higgins said:

“The Labor Department’s report Friday makes clear that rolling back the restrictions imposed by the Covid-19 outbreak remains the surest way to restore resilience in the economy. The nation added 559,000 jobs in May, bringing the unemployment rate to 5.8% with increases in the leisure and hospitality sector (292,000 jobs) and public and private education (141,000) leading the growth thanks to loosened restrictions. The DOL said that 7.9 million people, down from 1.5 million in the previous month, reported that they were unable to work because their employer had closed or lost business due to the pandemic. That shift dwarfs the May’s job gains, suggesting the nation would be in significant trouble if it hadn’t eased the restrictions.”

CEI Senior Fellow Ryan Young said:

“It turns out the key to the COVID economic recovery isn’t stimulus payments. It isn’t a $6 trillion proposed budget, and it isn’t $2 trillion in infrastructure spending. The key to a quick recovery is people getting vaccinated so they can resume normal activities. There is still a ways to go, since 5.8 percent unemployment is still well above pre-COVID levels. But this week’s news that 63 percent of adults are vaccinated in the U.S. is a sign of continuing progress.

“As the economy continues to trend back to normal, there are still things policy makers can do to help. They should get more never-needed regulations off the books, and they should get rid of Trump-era trade barriers that raise consumer prices on everything from cars to housing. Not only would these provide an additional economic boost, they would do it without any new deficit spending.”

This Week in Ridiculous Regulations

The Endless Frontiers Act remains the big story in Congress. After an 850-page trade was added via amendment in the Senate, the bill has been delayed until June 8, after the Memorial Day recess. The 2021 Federal Register will likely pass 30,000 pages next week. Meanwhile, agencies issued new rules ranging from collective investment funds to mammalian seabird research casualties.

On to the data:

  • Agencies issued 62 final regulations last week, after 62 the previous week.
  • That’s the equivalent of a new regulation every two hours and 42 minutes.
  • With 1,260 final regulations so far in 2021, agencies are on pace to issue 3,088 final regulations this year. 2020’s total was 3,149 final regulations.
  • Agencies issued 36 proposed regulations in the Federal Register last week, after 29 the previous week.
  • With 872 proposed regulations so far in 2021, agencies are on pace to issue 2,137 proposed regulations this year. 2020’s total was 2,021 proposed regulations.
  • Agencies published 467 notices last week, after 421 notices the previous week.
  • With 9,019 notices so far in 2021, agencies are on pace to issue 22,105 notices this year. 2020’s total was 22,480.
  • Last week, 1,373 new pages were added to the Federal Register, after 1,164 pages the previous week.
  • The average Federal Register issue this year contains 286 pages.
  • With 29,171 pages so far, the 2021 Federal Register is on pace for 71,498 pages in 2021. The 2020 total was 87,352 pages. The all-time record adjusted page count (subtracting 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. There are two such rules so far in 2021, none from the last week. Agencies published five economically significant rules in 2020, and four in 2019.
  • The running cost tally for 2021’s economically significant rules ranges from net savings of $100.7 million to net costs of $362.5 million. The 2020 figure ranges from net savings of between $2.04 billion and $5.69 billion, mostly from estimated savings on federal spending. The exact numbers depend on discount rates and other assumptions.
  • Agencies have published 16 final rules meeting the broader definition of “significant” in 2020, with none in the last week. This is on pace for 39 significant rules in 2021. 2020’s total was 79 significant final rules.
  • In 2021, 241 new rules affect small businesses. Five are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

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

Partisan Reasoning and Evolution

From p. 32 of Jonathan Rauch’s forthcoming book The Constitution of Knowledge:

Think of it this way: humans are equipped with some of evolution’s finest mental circuitry to protect us from changing our minds when doing so might alienate us from our group. We have hundreds of thousands of years of practice at believeing whatever will keep us in good standing with our tribe, even if that requires denying, discounting, rationalizing, misperceiving, and ignoring the evidence in front of our nose.

This explains much of modern politics, and is one reason I highly recommend avoiding cable news. Some of the talking heads’ performance routines are impressive. But they are seeking peer approval, not truth or understanding.

CEI is hosting Rauch for a book forum on June 9. You can register here.

In the News: DC’s Amazon Antitrust Case

Canada’s Les Affaires quotes me, in French, on the DC attorney general’s Amazon antitrust case that he filed yesterday Note that I am not sophisticated enough to speak French, and can barely read it well enough to get the gist of it. This is translated from an earlier statement:

Cela nuirait aussi aux PME, qui sont déjà suffisamment en difficulté en ce moment», a abondé Ryan Young, un analyste du centre de réflexion Competitive Enterprise Institute. 

Il estime en outre qu’Amazon fait déjà face à de la compétition de la part de Walmart, qui a sa propre plateforme de e-commerce ouverte aux tiers, ainsi que d’autres sites comme Ebay, Etsy ou Shopify.

In the News: Inflation

About a week ago, I was quoted in another Center Square story on inflation.

Steel Companies Lobby for Steel Tariffs, Biden to Double Lumber Tariffs

One of the first things President Biden should have done upon taking office was to eliminate the Trump tariffs. This would have provided potent economic stimulus without any additional spending. Instead, as my colleague Iain Murray points out, Biden is making the Trump tariffs his own—along with all of the consumer harm, corporate cronyism, slowed recovery, and diplomatic strain that tariffs cause.

It is easy to see why some steel producers are lobbying to keep steel tariffs in place. Steel prices are at record highs, and U.S. steel companies don’t have to worry about customers getting a better deal from someone else. However, steel-using industries, from autos to construction, are paying record-high costs, and passing them on to consumers. Steel’s gain is offset by everyone else’s loss, to the tune of about $900,000 per steel job saved.

Meanwhile, President Biden is proposing to double tariffs on Canadian lumber, at a time when lumber prices are also at record highs. First, this is a dubious foreign policy gesture. Canada is an ally, with whom we just signed the USMCA trade deal. Second, and closer to home, housing prices are increasing rapidly, up and out of reach for many families. The administration has some explaining to do about why it wants to make housing even less affordable when the economy is still in recovery mode.

Congress should not let President Biden copy his predecessor’s mistakes. They should reclaim the tariff-making authority they mistakenly gave away to the president. Congress can do this by repealing Section 232 of the 1962 Trade Expansion Act and Sections 201 and 301 of the 1974 Trade Act. These are what made the Trump-Biden tariffs possible, and apparently it will take Congress to stop them. The time to act is now.

For more on how to improve trade policy, see the trade chapter in CEI’s recently released Agenda for Congress.

DC Antitrust Suit Against Amazon Could Actually Harm Consumers by Making Online Goods More Expensive

This press release was originally posted on cei.org.

The District of Columbia’s Attorney General filed a lawsuit today against Amazon, alleging the tech company is engaged in anti-competitive behavior by controlling retail prices online.

Director of CEI’s Center for Technology and Innovation Jessica Melugin said:

“Amazon should be free to set the terms for third party sellers on its own platform, just as sellers are free to pass on using Amazon’s Marketplace if they don’t like the terms. Amazon is pushing to offer the lowest prices possible and while that may not always please third-party sellers, it’s the dead opposite of consumer harm.”

Senior Fellow Ryan Young said:

“The District of Columbia’s Amazon lawsuit has terrible timing, for two reasons. One, it comes on the heels of the worst pandemic in a century, during which online ordering of groceries and other goods helped keep people out of crowded stores. If successful, the District’s antitrust lawsuit would make online goods more expensive. This would hit lower-income consumers and vulnerable populations the hardest. It would also harm sellers, who are having a difficult time as it is during a tough recovery.

“Two, competition is already increasing. Other retailers such as Walmart now have their own third-party seller programs that compete with Amazon’s. This is on top of existing online options small sellers can use, such as Ebay, Etsy, and Shopify, as well as numerous niche markets, such as Reverb for musical equipment and Newegg for computer products.”

Read more:

This Week in Ridiculous Regulations

CEI’s Wayne Crews looked at the Biden administration’s dismantling transparency reforms for guidance documents and warned that political spending on scientific research would become political. Meanwhile, agencies issued new rules ranging from effluent analysis to bank executive loans.

On to the data:

  • Agencies issued 62 final regulations last week, after 60 the previous week.
  • That’s the equivalent of a new regulation every two hours and 42 minutes.
  • With 1,198 final regulations so far in 2021, agencies are on pace to issue 3,088 final regulations this year. 2020’s total was 3,149 final regulations.
  • Agencies issued 29 proposed regulations in the Federal Register last week, after 48 the previous week.
  • With 836 proposed regulations so far in 2021, agencies are on pace to issue 2,155 proposed regulations this year. 2020’s total was 2,021 proposed regulations.
  • Agencies published 421 notices last week, after 408 notices the previous week.
  • With 8,552 notices so far in 2021, agencies are on pace to issue 22,041 notices this year. 2020’s total was 22,480.
  • Last week, 1,164 new pages were added to the Federal Register, after 1,933 pages the previous week.
  • The average Federal Register issue this year contains 287 pages.
  • With 27,796 pages so far, the 2021 Federal Register is on pace for 71,369 pages in 2021. The 2020 total was 87,352 pages. The all-time record adjusted page count (subtracting 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. There are two such rules so far in 2021, none from the last week. Agencies published five economically significant rules in 2020, and four in 2019.
  • The running cost tally for 2021’s economically significant rules ranges from net savings of $100.7 million to net costs of $362.5 million. The 2020 figure ranges from net savings of between $2.04 billion and $5.69 billion, mostly from estimated savings on federal spending. The exact numbers depend on discount rates and other assumptions.
  • Agencies have published 16 final rules meeting the broader definition of “significant” in 2020, with none in the last week. This is on pace for 41 significant rules in 2021. 2020’s total was 79 significant final rules.
  • In 2021, 230 new rules affect small businesses. Five are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

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