Tag Archives: regulation

6 Pages of Legislation, 1,000 Pages of Regulation

HHS is about to issue over 1,000 pages of new regulations stemming from last year’s health care bill. That’s not a huge surprise, considering the bill is about 2,000 pages long.

But these regulations all come from a 6-page section covering accountable care organizations, or ACOs.

According to Politico, John Gorman, who runs a health care consulting firm, “expects a 1,000-page rule to come out on Thursday, March 31—because he doesn’t think HHS will want to deal with releasing the regulations on April Fool’s Day.”

CEI Podcast for March 17, 2011: Are Biotech Crops Coming to Kenya?

Have a listen here.

CEI Senior Fellow Greg Conko discusses his recent trip to Kenya where he met with members of Parliament and other officials about the best way to regulate the introduction of genetically modified crops to the country.

Regulation of the Day 165: Singing in Public

It is against the law to sing in public in Anderson, South Carolina. But the ban could be lifted as soon as today. The city council will vote on the right to sing as part of an effort to clean out the books of obsolete, redundant, and just plain weird laws.

Other obsolete rules set for repeal would cover “bomb shelters, parking meters (which no longer exist in the city) and house numbering rules that predate the current 911 system.” Still other ordinances are already covered by state law.

Laws that might have made sense in the 19th century might not today. Washington, D.C. still has rules on the books for how to herd livestock through city streets, for example. A big part of regulatory reform is doing a better job vetting new rules before they hit the books. But old rules shouldn’t be exempt from scrutiny, either.

Cities, states, and the federal government should make it a priority to comb through the books and eliminate old rules that don’t apply to today’s world, or that are already covered by other levels of government.

Regulation without Representation

Congress never actually votes on most regulations. Over 3,500 regulations hit the books most years. But Congress usually passes fewer than 200 bills per year. As Wayne Crews and I explain in today’s Investor’s Business Daily, this is regulation without representation.

Only Congress, and not agencies, have the power to legislate. But that is exactly what is happening now. Bills to regulate carbon emissions, regulate the Internet, and more all failed in Congress. But agencies are enacting rules. If you can’t legislate, regulate. This is wrong.

It allows politicians to escape blame for unpopular or controversial regulations. Don’t blame me, blame bureaucrats! It also gives agencies little incentive to rein in their worst impulses. If they can do whatever they want, they will work to expand their budget and authority.

The first step in solving the problem of regulation without representation is requiring Congress to vote on major regulations. Not all regulations — 3,500 votes is a bit much. And agencies do deserve some independence on administrative affairs and minor detail work.  But requiring 200 votes on major rules costing at least $100 million each is the least Congress should do.

The REINS Act, recently introduced by Rep. Geoff Davis and Sen. Rand Paul, would do just that. There are many facets to regulatory reform. There is much more to do. But putting a damper on regulation without representation is a good start.

You can read Wayne’s and my article here.

Regulation of the Day 164: Panhandling

If Montgomery County Executive Ike Leggett gets his way, panhandlers will need a government permit to ask people for money if they’re near a road. When panhandlers solicit motorists at intersections, they often have to step into the street. Leggett believes this is a safety hazard that requires a legislative fix.

Roadside panhandling is already illegal under Maryland state law, so the county ordinance is technically redundant. But the state ban appears to not be well enforced; hence the local law. Leggett’s permit proposal is likely a backdoor ban. The permits will exist, and panhandlers can apply for them. But none will be issued.

But suppose a permit does get approved. This would violate state law, would it not? Of course, people still panhandle at intersections anyway. So maybe neither the state nor the county ban matters so much.

(via Dan Mitchell)

Regulation of the Day 162: Breaking Wind

The southeast African country of Malawi is about to make farting illegal. The government there is trying to “mould responsible and disciplined citizens.”

Enforcement will be a problem. Even in places where the law allows gas to pass, fouling the air still violates social norms. People routinely shift blame, making claims such as “He who smelt it, dealt it.”

A Malawian woman told the Daily Mail, “Children will openly deny having passed bad air and point at an elder. Culturally, this is very embarrassing.” It also makes it difficult for a court to determine guilt.

While this particular regulation is quite humorous, it is a symptom of a serious problem in Malawi. The rule of law is weak there, and this has human consequences. Malawi ranks 106th out of 141 countries in the most recent edition of James Gwartney’s Economic Freedom of the World Index.

Countries ranked that low usually suffer from predatory governments and arbitrary justice systems. They also tend to have crushing poverty rates.

It is easy to imagine officials using this ordinance against political opponents, or even people they simply don’t like. Nor is breaking wind the only new offense in the government’s new morality initiative. The Daily Mail hints at the potential consequences:

The crime will be enforceable in a new ‘Local Court’ system which will also have powers to punish a range of other crimes in the bill set to be debated in the country’s parliament.

These include insulting the modesty of a woman, challenging to fight a duel, and trespassing on a burial place.

It also outlaws pretending to be a fortune teller, according to local press in the country.

Opposition leaders complain the new courts will be ‘kangaroo courts’.

Regulation of the Day 161: Crossing the Street

Three states are proposing to make it illegal to listen to your iPod while crossing the street. Legislators in California, New York, and Oregon are leading the charge, citing increasing pedestrian deaths. A similar proposal in Arkansas was retracted after constituents mobbed the state legislator who wrote the bill with hate mail.

Pedestrian deaths did go slightly up last year. But pedestrian deaths have been trending down for two decades, despite the rise of iPods and smartphones. Turns out that most people have enough common sense to pay more attention to traffic than their phone while crossing the street.

Legislating common sense is at best redundant. But in this case, it’s actually harmful. Police departments only have so many resources to go around. All the time and manpower they spend watching people cross the street is time and manpower not spent on more serious crimes. This is a solution without a problem.

Caroline May has more over at the Daily Caller (I am also quoted).

Bush’s Third Term Continues

President Obama’s policies are remarkably similar to President Bush’s. Most of their differences are in matters of degree, not principle. Both presidents believe in expanding federal involvement in health care, education, energy, you name it. Both grew regulation, spending and deficits at tremendous rates. Even their foreign policy is almost identical.

Over at the Daily Caller, I analyze last night’s State of the Union address (I also live-blogged it here) and find it wanting. There are some real stretches of logic:

In 1957, the Soviet Union launched a satellite into space. Therefore, taxpayers should give more money to politically favored corporations. This is not a rigorous line of thought. But it was typical of yesterday’s State of the Union address.

It wasn’t all bad, though:

There was some good in yesterday’s speech. The president would like to lower corporate tax rates. After Japan’s recent rate cuts, America now has the highest corporate tax rate in the developed world — nearly 40 percent in most states. This is not the way to encourage businesses to invest in America.

I wish the president had spent a little more time on the rate cut. He could have explained to the country and his party that businesses don’t actually pay corporate taxes. That’s because businesses pass on their costs. Consumers — you and I — foot the bill.

Read the whole thing here.

6 Painless Ways to Cut Federal Red Tape

President Obama signed an Executive Order this week that will initiate a “government-wide review of the rules already on the books to remove outdated regulations that stifle job creation and make our economy less competitive.”

Over at AOL News, Wayne Crews and I explain why this will hardly change a thing. We also offer 6 suggestions for reducing regulatory burdens with a minimum of political pain. Here are three of them:

  • Appoint an annual bipartisan commission to comb through the books and suggest rules that deserve repeal. Congress would then vote up-or-down on the repeal package without amendment, to avoid behind-the-scenes deal-making.
  • Require all new regulations to have built-in five-year sunset provisions. If Congress decides a rule is worth keeping, it can vote to extend it for another five years.
  • Consider Sen. Mark Warner’s, D-Va., “one in, one out” proposal, which holds that for every new rule that hits the books, an old one must be repealed.

Read the rest here.

2010 Federal Register is Third-Largest Ever

Today is the last working day of 2010 which means the last edition of the 2010 Federal Register came out this morning. The final unadjusted page count is 82,589 pages. That’s the third highest ever.

Page counts are typically highest in years when power changes hands. This year was no exception. The two other highest unadjusted page counts occurred when Carter handed off to Reagan, and when Clinton handed off to Bush. The Bush-Obama handoff featured the largest-ever adjusted page count, 79,435.

This time, the spike happened with only the House changing parties. The next few years will tell us a lot. 2010’s high page count may have been a combination of this year’s ambitious legislation plus a midnight rush to get the White House’s regulatory wish list in place before the other team can block it.

Or, as in the past, it could be that we have reached a new, permanent plateau of frenzied federal activity.

I’m hoping for the former. But the Republicans in Congress are no friends of limited government, so one never knows. They will reliably oppose anything the other team comes up with. But as the Bush years showed, they’ll also vote for the exact same policies so long as it’s their team that’s proposing them. This is not a recipe for fiscal or regulatory health.