This Week in Ridiculous Regulations

Trade protectionists have taken to calling free traders soft on China. According to John Bolton’s forthcoming book, it turns out to be the other way around. This analyst’s warnings about trade barriers being tools for corruption have turned out to be correct. Meanwhile, regulatory agencies issued new regulations ranging from anabolic steroids to single-use chambers.

On to the data:

  • Last week, 55 new final regulations were published in the Federal Register, after 53 the previous week.
  • That’s the equivalent of a new regulation every three hours and three minutes.
  • Federal agencies have issued 1,429 final regulations in 2020. At that pace, there will be 3,002 new final regulations. Last year’s total was 2,964 regulations.
  • There were also 53 proposed regulations in the Federal Register last week, for a total of 1,043 on the year. At that pace, there will be 2,235 new proposed regulations in 2020. Last year’s total was 2,191 proposed regulations.
  • Last week, agencies published 393 notices, for a total of 10,464 in 2020. At that pace, there will be 21,983 new notices this year. Last year’s total was 21,804.
  • Last week, 1,192 new pages were added to the Federal Register, after 1,178 pages the previous week.
  • The 2020 Federal Register totals 37,330 pages. It is on pace for 78,424 pages. The 2019 total was 79,267 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 28 final rules meeting the broader definition of “significant” so far this year. 2019’s total was 66 significant final rules.
  • So far in 2020, 275 new rules affect small businesses; 11 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.

Has Trump Been a Net Deregulator?

Pierre Lemieux, in the cover story of the new Summer 2020 issue of the Cato Institute’s Regulation magazine, draws from the new 2020 edition of Ten Thousand Commandments to estimate the Trump administration’s net impact on regulation:

Trump’s Executive Order 13771, signed January 30, 2017, mandated the elimination of two existing rules (or formal regulations) for any new one implemented. The latest edition of regulatory analyst Clyde Wayne Crews’s annual report Ten Thousand Commandments notes that this goal was more than achieved over the first three years of the Trump administration. However, Crews adds, last year showed a notable loss of momentum as there were more regulatory actions than deregulatory actions in the pipeline at the end of 2019.

And:

Figure 5, which gives the number of pages in the CFR [Code of Federal Regulations] over time, suggests that the Trump administration has roughly capped the total volume of federal regulations at, or slightly over, the 185,000 pages they comprised at the end of the Obama presidency. According to this measure, the Trump administration stopped the growth of regulation, but it did not deregulate. Ryan Young, a senior fellow at the Competitive Enterprise Institute and colleague of Crews, summarizes the situation:

President Trump’s first three years of regulation are mixed. He deregulated in some areas and added new burdens in others. Transparency problems and poor data quality from agencies make it impossible to tell for certain if Trump has been a net deregulator. The most likely verdict is that he has slowed regulatory growth but has not cut regulation on net.

The whole article is excellent. Pierre gives a superb summary of the last three years of economic policy. Wayne Crews’s Ten Thousand Commandments study is here. Wayne and I offer an op-ed length summary of the report here.

Speaking at #NeverNeeded Event on June 22 with OIRA Administrator Paul Ray, CEI’s Kent Lassman, Wayne Crews

On Monday, June 22 at 11:00 ET, CEI is holding a Zoom event on regulatory reform with Paul Ray, who heads the Office of Information and Regulatory Affairs inside the Office of Management and Budget. That’s the agency most directly involved in monitoring the federal regulatory state.

Also speaking at the event are CEI president Kent Lassman, vice president for policy Wayne Crews, and me.

Registration is here. Afterwards, the event will be posted to YouTube. I’ll post a link when it’s up.

This Week in Ridiculous Regulations

The rate of new coronavirus cases increased last week, adding a note of caution to tentative efforts at reopening. Regulatory agencies issued new final regulations ranging from Florida bats to heraldic items.

On to the data:

  • Last week, 53 new final regulations were published in the Federal Register, after 71 the previous week.
  • That’s the equivalent of a new regulation every three hours and 10 minutes.
  • Federal agencies have issued 1,374 final regulations in 2020. At that pace, there will be 3,013 new final regulations. Last year’s total was 2,964 regulations.
  • There were also 53 proposed regulations in the Federal Register last week, for a total of 1,019 on the year. At that pace, there will be 2,235 new proposed regulations in 2020. Last year’s total was 2,184 proposed regulations.
  • Last week, agencies published 410 notices, for a total of 10,071 in 2020. At that pace, there will be 22,086 new notices this year. Last year’s total was 21,804.
  • Last week, 1,178 new pages were added to the Federal Register, after 1,976 pages the previous week.
  • The 2020 Federal Register totals 36,137 pages. It is on pace for 79,248 pages. The 2019 total was 79,267 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 28 final rules meeting the broader definition of “significant” so far this year. 2019’s total was 66 significant final rules.
  • So far in 2020, 268 new rules affect small businesses; 11 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.

Unintended Consequences of Price Gouging

Price gouging legislation, though popular, routinely backfires. Price controls make shortages worse. In a crisis, this is especially harmful. And even if price gouging legislation were to tamp down money prices, it worsens increases in non-money prices such as greater scarcity, more difficult searches, longer queues and waiting lines, longer shipping times, and, sometimes, increases in black market activity.

There are private responses to price gouging, though. Amazon, for example, uses artificial intelligence to find price gouging among its third-party sellers. But even this non-legislative effort has had unintended consequences. Bloomberg’s Spencer Soper reports:

But consultants who help merchants avoid suspensions say they were inundated with calls from clients during the price-gouging crackdown. One of them, a former Amazonian named Chris McCabe, says he heard from hundreds of merchants and advised dozens of them to stop selling products because the rules were unclear.

“Amazon just did a giant sweep and they really scared a lot of people away from selling wipes and toilet paper,” he says.

Many sellers believe Amazon’s algorithm is prone to false positives, and its penalties are too harsh. The resulting chilling effect helps no one at a time when just about everyone needs help.

Fortunately, unlike legislation, Amazon is able to react in real-time and improve its price gouging policies. This process will almost certainly take less time than it would for Congress or a state legislature to pass a new law. Part of trial is error. And good institutional design makes it easy to learn from errors and fix them as they happen. These things should not have to wait until the political winds are just right.

There is also a rent-seeking component to price gouging legislation. Economists Steve Horwitz and Michael Munger, in separate interviews with The Counter’s Jessica MacKenzie, make some underappreciated points about price gouging.

Steven Horwitz, an economist from Ball State University, says the cases in California are unusual in that they target large chains, when it is more common to see cases against smaller brick-and-mortar stores. This is in part because smaller stores have fewer resources and are more likely to settle than to fight a lawsuit.

A national seller can react to regional disaster by simply redirecting supply. They can also afford expensive counsel. Smaller companies have neither of these advantages, so legislation makes them more vulnerable. Price gouging legislation can actually be a rent-seeking weapon big companies can use to gain unfair advantage over smaller companies.

Of course, COVID 19 is global, so even the biggest sellers cannot redirect supplies. Hence the recent California lawsuit against Whole Foods, Walmart, Trader Joe’s and Costco, and other large sellers over egg prices.

Duke University’s Michael Munger argues that some price gouging laws lack clear thresholds, which creates uncertainty. Some states have set thresholds, such as a maximum profit margin of 20 percent. But other laws operate essentially by feel:

Munger points out that the law in North Carolina bans price increases that are “unreasonably excessive under the circumstances.”

Price gouging laws are meant to protect consumers from being taken advantage of during crises.

“If I’m a store owner, how do I know if I’m violating the law in North Carolina?” Munger says. “In practice, what this means is, ‘If someone complains….’ That’s not a very good law. If I can’t tell what the law means, it’s too vague.”

I will have more to say on price gouging in an upcoming paper. But these points are good to keep in mind.

Even private price gouging responses have unintended consequences, such as sellers deciding not sell at all right when people need their wares the most.

Price gouging legislation can unfairly favor larger businesses, and they know this.

And many of the laws are vague enough to have the same chilling effect Amazon’s algorithm has had—but will be much more difficult to fix.

Price gouging laws are #NeverNeeded.

#NeverNeed Regulations and the Coronavirus

COVID-19 changed life almost overnight. Health care workers and medical supply networks were stressed in ways not seen in at least 50 years. Lockdowns have changed work, school, grocery shopping, and family and social life for billions of people worldwide in ways perhaps never seen before. Here in the U.S., unemployment is suddenly the highest it has been since the Great Depression. The economy is officially now in a recession. More to the point, more than 100,000 people have died.

What is the appropriate public policy response to this crisis? In a short video, Kent Lassman makes the case for lifting barriers that government has built that block people’s ingenuity and ability to fight the coronavirus. For lifting restrictions on access to health care providers and treatments. And for removing regulations that block access to capital for businesses struggling to stay afloat, or that stop them from hiring people.

That means freezing new rules, suspending harmful ones, and adding sunsets to rules so they automatically expire if they don’t work as intended. The wisest policy response to the COVID-19 pandemic and the tough recovery ahead is to get rid of regulations that were #NeverNeeded in the first place.

Watch the video here.

This Week in Ridiculous Regulations

2020’s cascade of despair continued with nationwide protests over the murder of George Floyd by a police officer and the larger issue of systemic racism in law enforcement. Friday’s 13.3 percent unemployment rate announcement was actually good news, and says much about the more than 600 regulations waived so far at various levels of government. Regulatory agencies issued new final regulations ranging from phthalates to New Hampshire gas.

On to the data:

  • Last week, 71 new final regulations were published in the Federal Register, after 42 the previous week.
  • That’s the equivalent of a new regulation every two hours and 22 minutes.
  • Federal agencies have issued 1,326 final regulations in 2020. At that pace, there will be 3,041 new final regulations. Last year’s total was 2,964 regulations.
  • There were also 48 proposed regulations in the Federal Register last week, for a total of 966 on the year. At that pace, there will be 2,216 new proposed regulations in 2020. Last year’s total was 2,184 proposed regulations.
  • Last week, agencies published 501 notices, for a total of 9,661 in 2020. At that pace, there will be 22,158 new notices this year. Last year’s total was 21,804.
  • Last week, 1,976 new pages were added to the Federal Register, after 1,619 pages the previous week.
  • The 2020 Federal Register totals 34,956 pages. It is on pace for 80,175 pages. The 2019 total was 79,267 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 28 final rules meeting the broader definition of “significant” so far this year. 2019’s total was 66 significant final rules.
  • So far in 2020, 258 new rules affect small businesses; 11 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.

Great News on Job Recovery

This is a press statement from CEI, originally posted at cei.org.

Upending expert predictions, the U.S economy added 2.5 million jobs in May and the unemployment dropped to 13.3 percent, according to the Labor Department. This, after months of pandemic-related shutdowns and layoffs. CEI experts welcomed news of the rebound and pointed to further reforms to aid recovery.

Statement by Ryan Young, CEI senior fellow:

“I never thought a 13.3 percent unemployment rate would be good news, yet today it indicates that many of the shutdown-related job losses may have been temporary, though to be clear, it is too early to know for sure. It helps that governments at all levels have waived around 600 regulations that were blocking the COVID-19 response and the economic recovery. Policy makers should keep that momentum going by making those waivers permanent and waiving more job-blocking rules, such as occupational licensing and excessive permitting requirements. Institutional safeguards such as automatic rule sunsets and ongoing reviews of existing regulations can provide long-term help by preventing this regulatory sludge from building back up and harming the next crisis.”​

Statement by Sean Higgins, CEI labor policy expert:

“The unexpectedly good news of Friday’s jobs report that 2 ½ million jobs were added in the last month is a rather inspiring testament to American ingenuity. Faced with an unprecedented crisis that forced businesses to completely shut down and workers to stay at home, those same companies and workers didn’t give up and instead improvised and found a way to get back to business. An unemployment rate of 13.3 percent rather than the expected 20 percent is as clear a bit of evidence as we could get that the best way to keep the economic recovery going is to simply allow businesses to re-open.​​”

Pandemics, #NeverNeeded Regulations, and Ten Thousand Commandments

Over at Inside Sources, Wayne Crews and I have a piece summarizing the main findings of Wayne’s new 2020 edition of Ten Thousand Commandments, plus some reforms that will help with the virus response and economic recovery:

The only thing in a typical family’s budget that costs more than regulation is housing—which itself is made more expensive by zoning ordinances, tariffs on steel and lumber, and arcane mortgage regulations….

Just as every gallon of milk has an expiration date, every new regulation should have an automatic sunset. That way, if a rule proves unworkable or goes obsolete, it will automatically go away. …

Congress should create an independent commission to go through large parts of the 185,000 pages of federal rules each year and send lawmakers a package of harmful or old rules to repeal with a single up-or-down vote.

Read the whole piece here. The 2020 edition of Ten Thousand Commandments is here. More resources are at CEI’s #NeverNeeded website.

Time to Permanently Sunset Waived #NeverNeeded Regulations

Many regulations have proven especially harmful during the COVID-19 crisis. This is why roughly 600 rules have been waived so far, according to Americans for Tax Reform’s handy tracker. But many of those waivers are temporary. Those temporary waivers should be made permanent.

One of the principles behind CEI’s #NeverNeeded campaign is that if a rule is not needed during a crisis, it was probably never needed at all.

We are not the only ones making such arguments. Sens. David Perdue (R-GA), Marsha Blackburn (R-TN), Mike Lee (R-UT),  Kelly Loeffler (R-GA), and Thom Tillis (R-NC) write in a letter to Office of Management and Budget (OMB) acting director Russell Vought, who faces a Senate vote this week to remove “acting” from his job title:

[W]e urge you to work with the Administration to sunset all federal regulations that have been waived and continue to be waived during the COVID-19 pandemic, allowing the rules to go back through the regulatory process to determine whether these regulations should be temporary or permanent. Consistent cost-benefit analysis and retrospective review on all regulations, including those produced by independent agencies, will help to ensure they will not cause undue harm in the future.

These are excellent suggestions. The COVID-era information we now have about the waived rules’ usefulness should play a role in deciding whether they are reinstated.

It is heartening that U.S. Senators are acting on regulatory reform when it is so urgently needed. Sunsetting waived rules is important. But there is more to do. Regulatory reform is a long-haul project.

The Code of Federal Regulations is more than 185,000 pages long. By any reasonable standard, that is far too much. Paring it down to a reasonable level is important not just for dealing with the COVID crisis more effectively, but for resiliency against the next crisis. We’re off to a good start. Now the job is to maintain momentum.

The Senators’ full letter is here. For more ideas on how to do so, see neverneeded.cei.org and CEI’s Ten Thousand Commandments study.