New CEI Video: Eliminating Never Needed Regulations to Help with Recovery

In a new CEI video, Kent Lassman talks about three things agencies can do rein in regulations that are hindering the COVID-19 response and making economic recovery even harder. Congress should establish an independent regulatory reduction commission. Agencies should go over their own rules and policies and prune them. And new rules should have automatic sunsets

On their own, members of Congress have neither the incentive nor the ability to thoroughly trim regulations. So, they should do what they did the last time they hit an impasse like this—establish an independent commission. When the Cold War ended and the military needed fewer bases, no one representative would vote to close the one in his or her district, even if the base’s resources would do more good if used differently, because they didn’t want to face the political backlash.

The Base Realignment and Closure (BRAC) commission solved the problem. It studied the situation and sent Congress a plan for which bases to keep and which to shrink or close. This was then put to an up-or-down vote, without possibility for amendment. The streamlining of the military worked. Individual members of Congress could avoid blame for specific base closures. And voters understood that if their base was affected by BRAC, it was a fair decision made for a good reason. Four rounds of BRAC saved billions of dollars.

We should do something similar for regulation. In fact, the idea has been around since the early 1980s, when Sen. Phil Gramm proposed a version of it. After other occasional proposals from both parties, Rep. Virginia Foxx (R-NC) has just proposed her version of a regulatory BRAC. It’s a good idea, and it’s being taken seriously. With regulations harming the coronavirus response and the economy, now is the time to act on it.

Agencies should also so their own housework. Executive orders from President Trump have required agencies to get rid of two old rules for each new rule they enact; publish guidance documents in a single, searchable place in order to fight against the problem of regulatory “dark matter;” and most recently, to encourage agencies to use their emergency powers to wave rules that are getting in the way of an effective COVID response.

Finally, new regulations should have automatic sunsets. Just as cartons of milk have an expiration date, so should regulations. Times change; regulations often don’t. This rule would give agencies an incentive to periodically revisit and modernize their rules. Letting obsolete or harmful ones go is as simple as doing nothing; this is a fitting setup for a Congress that is rarely brave enough to take a stand on anything.

Please share the video on social media. For more on these proposals, see my recent paper “How to Make Sure Reformed #NeverNeeded Regulations Stay That Way.” More ideas are at neverneeded.cei.org.

This Week in Ridiculous Regulations

August’s 2020 disaster list so far includes a massive warehouse explosion in Beirut that killed more than 100 people and Hurricane Isaias. In positive news, Congress is out on its August recess, but could reconvene once the next COVID spending bill is negotiated. Bob and Doug, who in June became world social distancing champions by piloting SpaceX’s Dragon vehicle to the International Space Station, returned safely to Earth. They may well wish their trip had lasted longer. Regulatory agencies issued new regulations ranging from patent fees to squid specifications.

On to the data:

  • Last week, 51 new final regulations were published in the Federal Register, after 54 the previous week.
  • That’s the equivalent of a new regulation every three hours and 18 minutes.
  • Federal agencies have issued 1,931 final regulations in 2020. At that pace, there will be 3,160 new final regulations. Last year’s total was 2,964 regulations.
  • There were 41 proposed regulations in the Federal Register last week, for a total of 1,326 on the year. At that pace, there will be 2,169 new proposed regulations in 2020. Last year’s total was 2,167 proposed regulations.
  • Last week, agencies published 444 notices, for a total of 13,159 in 2020. At that pace, there will be 21,502 new notices this year. Last year’s total was 21,804.
  • Last week, 1,467 new pages were added to the Federal Register, after 1,473 pages the previous week.
  • The 2020 Federal Register totals 48,072 pages. It is on pace for 78,550 pages. The 2019 total was 70,938 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. Three 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 $1.38 billion and $4.19 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 41 final rules meeting the broader definition of “significant” so far this year. 2019’s total was 66 significant final rules.
  • So far in 2020, 380 new rules affect small businesses; 15 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 regulations:

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

It’s Good to Think Long-Term

From Kindle location 710 of Adam Thierer’s excellent 2020 book Evasive Entrepreneurs and the Future of Governance: How Innovation Improves Economies and Governments:

If the primary indictment of technological innovation is that it has inundated us with too much information or too many options, those are good problems compared with the more serious problems our ancestors faced.

You can read about some of those problems in Fernand Braudel’s The Structures of Everyday Life or William Manchester’s evocatively titled A World Lit Only by Fire.  Today’s political debates would improve if more people had that larger historical arc in the back of their minds.

In the News: Antitrust Hearings

Young Voices’ Casey Givens quotes me on the antitrust hearings in an otherwise-excellent Washington Times op-ed:

Rep. Cicilline was perhaps the worst offender on the former point. As the Competitive Enterprise Institute’s Ryan Young points out, the congressman claimed that “Amazon controls 70 percent of ‘online marketplaces,’” when in fact that is, “equivalent to about 4 or 5 percent of retail sales.” The congressman also made some questionable claims about Google’s market share, conflating its search engine with all searches on the internet.

Read the whole thing here.

In the News – Canadian Tariffs

Thomas Howell, Jr. from The Washington Times quotes me in a story about President Trump’s reinstatement of 10 percent aluminum tariffs against Canada:

“The timing is just terrible. The USMCA trade agreement is barely a month old, the economy is fresh off the worst quarter in American history, and here comes a tax increase on something everyone uses. It makes no sense politically, let alone economically,” said Ryan Young, a senior fellow at the Competitive Enterprise Institute.

On the Radio – GDP and Economic Recovery

Earlier this week I appeared on Paul Molloy’s radio down in Florida. We talked about the second-quarter GDP crash, why it was 9.5 percent or 7 percent instead of 32.9 percent, why it was still the worst in U.S. history, and how people can get out of it while staying safe from COVID-19.

The 15-minute-ish segment is online and starts at about 10:40 into this hour-long block.

On the Radio – COVID-19 and Economic Recovery

Tomorrow morning (August 9), I’ll be on the Bab Zadek show from 8:00-9:00 PT (that’s 10-12 CT and 11-12 ET) for the whole hour. It airs on most of the West Coast, and live online here.

Aluminum Tariff Increase is #NeverNeeded, Should Be Repealed Instead

This is a press statement originally posted at cei.org.

President Trump’s decision to re-impose 10 percent aluminum tariffs against Canada is misguided policy for four reasons, according to CEI senior fellow Ryan Young:

“One, other countries nearly always retaliate against tariffs. A Canadian official has already said Ottawa ‘will react very similarly to the last (time they imposed) tariffs,’ which was in 2018. Trump’s reinstated tariffs will cause double harm to consumers and businesses in both countries.

“Two, the timing is awful. The U.S. economy has just experienced its worst decline in recorded history, including the Great Depression. Unemployment is in double digits. President Trump should not make matters worse by increasing taxes on U.S. consumers and businesses, and raising tensions with America’s largest trading partner.

“Three, aluminum-using industries from beverages to autos to electronics will have higher costs. That means higher prices for consumers, who will then have less money to spend on other goods. Moreover, much of the aluminum industry itself does not want the tariffs, saying so less than two months ago in an open letter to U.S. Trade Representative Robert Lighthizer.

“Four, the point of the new USMCA trade agreement, which came into effect on July 1, was to reduce trade barriers. It succeeded for barely a month. CEI’s decision to oppose the agreement is so far being vindicated, though we would rather be proven wrong.

“It is time for Congress to reclaim the tariff-making authority it delegated to the President. He is clearly incapable of using them responsibly—even during the COVID-19 pandemic. Rather than raising taxes and tensions at the worst possible time, the administration should lower trade barriers and continue to pursue regulatory relief.”

Resources

CEI’s #NeverNeeded website, neverneeded.cei.org.

Ryan Young, “Repeal #NeverNeeded Trade Barriers: Tariff Relief Would Aid Virus Response, Economic Recovery, and Long-Term Resiliency

Iain Murray and Ryan Young, “Traders of the Lost Ark: Rediscovering a Moral and Economic Case for Free Trade

This Week in Ridiculous Regulations

What a week. COVID-19 deaths passed 150,000, and are on pace to be 2020’s third-leading cause of death in the United States. Second-quarter GDP declined  9.5 percent from a year ago and 7 percent from the previous quarter. This was the steepest drop in U.S. history. The same day that was announced, President Trump proposed delaying the election, which is a power no incumbent politician should have. Congressional Republicans quickly shot down the proposal. In more uplifting news, NASA launched the Perseverance Mars rover, which will land in February, hopefully without the coronavirus on board. It will search for evidence of microbial Martian life. Here on Earth, regulatory agencies issued new regulations ranging from crop marketing campaigns to Occupational Safety and Health Administration (OSHA) officials accessing people’s medical records.

On to the data:

  • Last week, 54 new final regulations were published in the Federal Register, after 79 the previous week.
  • That’s the equivalent of a new regulation every three hours and seven minutes.
  • Federal agencies have issued 1,877 final regulations in 2020. At that pace, there will be 3,171 new final regulations. Last year’s total was 2,964 regulations.
  • There were 38 proposed regulations in the Federal Register last week, for a total of 1,284 on the year. At that pace, there will be 2,169 new proposed regulations in 2020. Last year’s total was 2,191 proposed regulations.
  • Last week, agencies published 406 notices, for a total of 13,049 in 2020. At that pace, there will be 22,650 new notices this year. Last year’s total was 21,804.
  • Last week, 1,473 new pages were added to the Federal Register, after 1,374 pages the previous week.
  • The 2020 Federal Register totals 46,530 pages. It is on pace for 78,598 pages. The 2019 total was 70,938 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. Three 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 $1.38 billion and $4.19 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 41 final rules meeting the broader definition of “significant” so far this year. 2019’s total was 66 significant final rules.
  • So far in 2020, 368 new rules affect small businesses; 15 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 regulations:

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

2020 Second Quarter GDP Decline Is Worst in U.S. History—But Not 32.9 Percent

The good news is that the second quarter’s GDP numbers aren’t nearly as scary as the more dramatic headlines are saying. The economy has not shrunk by a third. The bad news is that yes, we really have just experienced the worst crash in U.S. history. And it’s not over yet. This post gives some context, and some ideas for how to aid the recovery for both the virus and the economy.

Several newspapers are reporting a 32.9 percent decline in GDP. This is a projection. It is not what has actually happened. If the economy were to continue shrinking for an entire year at the rate it did last quarter, GDP will have shrunk by 32.9 percent.

While normalcy might be years away, that steep of a decline is unlikely to happen. 9.5 percent and 7 percent are more accurate numbers for what has happened to the economy. Here is why.

GDP numbers are often seasonally adjusted. For example, an outsized amount of spending happens during the holidays, while other parts of the year are slower. So, GDP figures are often compared to what they looked like at the same time the previous year. That is what seasonal adjustment is, a way to compare apples to apples. For example, 2020’s second quarter GDP is 9.5 smaller than 2019’s second quarter. It is the worst decline in U.S. history, and barely begins to explain the pain that people all over the world are experiencing due to COVID-19. But it is not a 32.9 percent decline.

The non-seasonally adjusted number is a 7 percent decline. That is the change from one quarter to the next. That number also provides useful context. Lockdowns began late in the first quarter, so while the economy took a 5 percent dent then, it makes sense that the second quarter would be even worse, since the full three months were under lockdown. But since the dip had already started, it makes sense that the quarter-to-quarter number is a couple of percentage points gentler than the seasonally adjusted number.

For a fuller explanation, I refer readers to an excellent article by University of Central Arkansas economist (and my former grad school classmate) Jeremy Horpedahl, who has a gift for understanding and explaining statistics.

It will be another three months before we know for sure, but there is a chance the worst of the economic shock has already happened. People are finding ways to adapt. Today’s hardships will be with us for a while longer, and we need to help each other out. If you can, please do. But our troubles are 9.5 percent bad or 7 percent bad, not 32.9 percent bad.

What should we do to fight the virus and help the economy? Two things come to mind.

The first has nothing to do with public policy. It is simply to be prudent. COVID-19 is on pace to be America’s third-leading cause of death this year. Almost everyone who reads this has someone they care about who is high-risk, whether due to age, occupation, or a health condition. Think of them. Do right by them. The more people do to keep the virus under control, the more it will be under control. Some form of masks and social distancing might be necessary until a vaccine or other proven treatment is widely available. That could take a year or more. But it will happen, and the virus will lose. Until then, people need to be prudent. Not living in a hermetic seal, but prudent.

The second thing has everything to do with public policy. It is regulatory reform. CEI’s #NeverNeeded campaign has spent the last several months crafting as many COVID-related policy reforms as we can and explaining them to policy makers, media, coalition members, and the public.

Regulations against telemedicine should never have been on the books in the first place. A more realistic approval process would get new and proven COVID treatments to the public as quickly as possible. Factories wanting to retool to make personal protective equipment for health care workers should not have to wait 45 to 90 days for permits to come through. If a restaurant wants to deliver food to willing customers, regulations should never have forbidden it. The Centers for Disease Control and Preventions should focus on controlling diseases instead of spending $125 million on an anti-vaping campaign.

Nearly a third of occupations now require some kind of government license. In many states, this includes fields such as barbers and decorators. During normal times, these regulations protect incumbents by keeping competitors out. During times of double-digit unemployment, keeping people out of work on purpose is immoral.

President Trump has roughly doubled tariffs. They now cost the average household more than $2,000 per year. For families where someone just lost a job, that tariff money could help to keep them afloat instead.

Just this week, Congress held a hearing regarding potential antitrust cases against large tech companies. These are the companies that are making contactless deliveries and grocery shopping possible. They keep people informed and in touch with friends and family. They are improving video conferencing and other technologies that make remote work and education possible. And they provide on-demand entertainment to help keep people’s spirits up during a difficult time.

To this point, Congress and the president have mostly dealt with the virus and the economic crash with hasty “flash policy” such as stimulus bills. The next one is being drafted right now. Policy makers at all levels of government have already removed more than 800 #NeverNeeded regulations. President Trump issued an order directing agencies to remove more unneeded rules. But the Code of Federal Regulations alone contains 1.1 million regulatory restrictions and 185,000 pages. There is much more to do. For lots of ideas, see neverneeded.cei.org.