federal regulations – USA Gov Policy

A major obstacle often cited by those seeking to engage in business or other activities within the United States is the cost, in time and money, of complying with existing federal regulations as well as keeping track of new ones or alterations in those already existing. According to a White House analysis during FY 2016, as the Obama Administration drew to a close, executive agencies promulgated 85 major rules. But that’s only the tip of the iceberg.

According to a Forbes study by Clyde Wayne Crews Jr. , by the last workday of 2016 The printed version of the Federal Register had reached 97,110 pages, by far an all-time record. That dwarfs, Crews noted, 2015’s count of 80,260 pages, and it shattered the 2010 all-time record of 81,405 by 15,705 pages.

The Competitive Enterprise Institute reports that “Federal regulation cost Americans $1.9 trillion in 2017, or nearly $15,000 per U.S. household—more than Americans spend on any category in their family budget except for housing. While the Trump administration has made noteworthy progress toward reining in the expansion of new rules, more substantial reform will need to come from Congress in order to significantly reduce this breathtaking government burden.”

Among the key findings of the report:

Federal regulations and intervention cost Americans $1.9 trillion in 2017.
Federal regulation is a hidden tax that amounts to nearly $15,000 per U.S. household each year, more than Americans spend on any category in their family budget except for housing.
In 2017, 97 laws were enacted by Congress during the calendar year, while 3,281 rules were issued by agencies. Thus, 34 rules were issued for every law enacted.
If it were a country, U.S. federal regulation would be the world’s eighth-largest economy, ranking behind India and ahead of Italy.
Many Americans are concerned about their annual tax burden, but total regulatory costs exceeded the $1.88 trillion the IRS collected in both individual and corporate income taxes in 2017.
Some 67 federal departments, agencies, and commissions are currently working on 3,209 new regulations in various stages of development.
The five most active rulemaking entities– the Departments of Commerce, Defense, Transportation, Treasury, and the Environmental Protection Agency–account for 1,359 rules, or 43 percent of all proposed regulations currently under consideration.
The 2017 Federal Register contained 61,308 pages, the lowest count since 1993 and a 36 percent drop from Obama’s 95,894 pages in 2016, the highest level ever recorded.

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A Committee for Economic Development report found that, overall, “Government regulation of economic and social activities permeates our lives…regulations often are imposed on individuals and organizations with too little thought or analysis of what is gained in comparison with the losses incurred in time, money, indecision, and productivity…Further, the growth of government involvement in the market system sometimes constrains our ability to achieve fundamental economic and social goals.”

A 2017 Chamber study found that “federal regulations and their infrastructure are growing and have a disproportionate impact on small business and free enterprise in America. Federal regulations alone are estimated to cost the American economy as much as $1.9 trillion a year in direct costs, lost productivity, and higher prices. The costs to smaller businesses with 50 employees or fewer are nearly 20% higher than the average for all firms. The rising burdens of federal regulations come amid a falling pace in new business formation. In 1980, Americans were creating some 450,000 new companies. In 2013, they formed 400,000 new firms, despite a 40% increase in population. Our three-decade slump in firm formation fell to its lowest point with the onset of the Great Recession; even with more businesses being born today, America’s startup activity remains below pre-recession levels.”

Ben Goad and Julian Hattem wrote in the hill that “President Obama [was responsible for] a dramatic expansion of the regulatory state that will outlast his time in the White House…Washington, for better or worse, is reaching deeper than ever before into the workings of society.“It would be difficult for anyone to pretend that this isn’t a high-water mark in terms of regulation,” said Douglas Holtz-Eakin, a former director of the nonpartisan Congressional Budget Office…”

The Trump Administration has attempted to reverse the substantial growth in the federal regulatory state, issuing, within the second month of the new Administration, Executive Order 13771 which warrants that for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.

According to the U.S. Chamber “…the deregulatory actions taken [by the Trump Administration] … stand out by historical standards…Since 2009, [there were] about 14 new major regulations each year, with estimated costs totaling about $12 billion annually. In comparison, in fiscal year 2017, there were only three new regulations put on the books while 67 deregulatory actions were completed, and the total annualized cost of new regulations was negative $570.4 million. We should keep in mind that most years, regardless of the party in office, the federal government issues many costly new rules, adding billions per year to the cumulative burden, and that avoiding those additional new rules, let alone reducing the cumulative total, is a big win for American business. Going forward, we should expect even more of what we saw in 2017 as the larger scale regulatory reform efforts, such as those at the EPA, begin bearing fruit. Regulatory reform is hard work, and achieving meaningful reform and eliminating harmful rules takes time…we should see good results in the next few years.”

The White House is breaking all records when it comes to over-regulating the American people. Research by the Competitive Enterprise Institute (CEI) indicates that the Administration is on pace to enact 89,416 regulations in 2016. In mid-October, the total had already reached the 70,318 mark.

CEI notes: “six of the seven all-time high federal register page counts have happened under the Barack Obama administration. So this year is set to be a massive record-breaking year in terms of rulemaking, at least according to Federal Register heft. It is quite likely the Federal Register could top 90,000 pages.”

Washington’s addiction to regulation is more than just a nuisance. The CATO institute asserts that “It is widely recognized that excessive regulation is unnecessarily killing jobs.”

The Daily Signal found that “job-creating entrepreneurs in the United States have been dispirited by the scope and cost of escalating red tape…Since 2009, the expansion of Uncle Sam’s regulatory control has been one of the prime culprits in America’s startling decline in economic freedom and overall competitiveness. Each new edict has meant a new government bureaucracy that entrepreneurs and producers must navigate. Worse, the trend of overregulating our economy has also bred cronyism and tarnished our free-market system. As reported in the 2015 Index of Economic Freedom, an annual study that benchmarks the quality and attractiveness of the entrepreneurial framework across countries, the United States remains stuck in the second tier economic freedom rank of the “mostly free,” with its business freedom score plunging to the lowest level since 2006. This increased regulatory burden, aggravated by favoritism toward entrenched interests, has notably undercut America’s historically dynamic entrepreneurial growth. A 2014 Brookings Institution analysis shows that with business exits now exceeding new business formations, entrepreneurial dynamism in the United States has been steadily dwindling. In light of the excessive and costly regulatory environment, it is not surprising that America’s ongoing economic recovery has been far from dynamic. Fewer Americans can prosper in this overregulated economy.”

The cost of compliance with the tidal wave of regulatory mandates is overwhelming. CEI estimates that in 2015, regulatory-related expenses were approximately $1.88 trillion, 10% of the entire American GDP and over 5 times the cost of federal corporate income taxes that year.

Essayist and publisher Markham Shaw Pyle’s observation was recently quoted in Inc.: “If the power to tax is the power to destroy, the power to regulate is no less so. For the life of me, I cannot tell you why our bloated bureaucracies of city, state, and fed seem to have it in for entrepreneurs and small business. But they apparently do…If the U.S. and the world is ever to escape the torpidity lingering from the Great Recession, to say nothing of bailing out the indebted entitlement state, it must do so on the success and vitality of creative free enterprise. Yet, everywhere I look I see businesses groaning under unnecessary government intrusion that is antithetical to business health.”

A Heritage study reports that “The White House, Congress, and federal agencies routinely ignore regulatory costs, exaggerate benefits, breach legislative and constitutional boundaries, and increasingly dictate lifestyle choices rather than focusing on public health and safety. Absent substantial reform, economic growth and individual freedom in America will continue to suffer.”

Regulations have been imposed on the most mundane and trivial acts of daily life, and not just for businesses. Writing in the Wall Street Journal, Ragheed Moghrabi reports that while working for a U.S. company overseas, he was compelled by IRS regulations to fill out needless tax related paperwork for his son, a fifth grader, when he attempted to open a bank account in which the youngster would store his allowance.

The question is, how to stop the seemingly endless cycle of constantly mounting regulations.

The Heritage study observed that the Obama Administration has recognized the unpopularity of its actions, but has chosen to hide those actions rather than reform them. This can be seen in the timing of its agenda releases, which have occurred with regularity at precisely the times when public and journalistic attention is most likely to be light. Christmas weekend, the day before Independence Day, and Memorial Day weekend have all been used to dump agenda releases.

As previously reported by the New York Analysis of Policy and Government, U.S. Congressman Tim Walberg (R-MI), U.S. Senator Joni Ernst (R-IA), and U.S. Senator Ron Johnson (R-WI) have introduced bicameral legislation, the Midnight Rule Relief Act, to prevent a surge in costly federal regulations as a President’s term comes to a close. According to Rep. Walberg (R-Michigan) “Given the Obama administration’s tendency to overregulate and overreach, the American people can expect to see a surge of last minute regulations in the President’s waning days in office…This bill will hold outgoing administrations in check.

The legislation would:

Establish a moratorium period beginning on the day after the election through the inauguration on new regulations that cost the economy $100 million or more annually, or result in major cost or price increases for consumers, industries, or government agencies.
Include exceptions for rules that are necessary for imminent health or safety threats, enforcement of criminal laws, and national security.
Exempt rules that are limited to repealing existing regulations.

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In 2015, Ernst also co-sponsored the REINS Act, which would hold elected officials accountable to approve new major rules & regulations. The REINS Act would:

Designate a ‘major rule’ as any rule or regulation that the Office of Management and Budget (OMB) determines to have a yearly economic impact of $100 million or more.

Require passage by a roll call vote in Congress and presidential signature before any new ‘major rule’ can be enacted.

Give Congress the ability to block burdensome new rules and regulations imposed by federal agencies.

Restrain the power and broad discretion of federal agencies to impose significant ‘major rules’ without congressional oversight or public discussion.

Pave the way for transparency and accountability within the federal rulemaking process.

Quick Analysis

China’s Tech Targets

Chinese technology is changing and its leadership is using it, along with espionage, to challenge the West in a number of critical areas. The United States is only one of its targets. Previously, Beijing’s spies primarily sought Western technologies as a way to skip generations of develop cost and time to modernize its economy. Today, its acquisition of advanced technologies, and now also its indigenous development, makes the communist giant a threat to freedom-loving people everywhere. This week Nan Mulchandani, the CIA’s chief technology officer, said Director William Burns is preparing for an “infinite race” with Beijing for artificial intelligence and advanced technologies. He argues the US must pivot toward providing American spies with the latest transformative technologies to outcompete China. Mulchandani says this means updating everything the agency does “from operations to the analytic function, support functions and other piece there.” America, he suggests, needs to alter its thinking toward viewing this not as a race with a finite end point, but as an ongoing competition. Mr. Mulchandani predicted that the next area of competition would “be primarily a software war that is powered by something like AI” rather than hardware fueled by software. That competition, however, is not confined to simply acquiring critical technologies for use in the future. China is also challenging the US in space. China announced today it launched a groundbreaking mission to retrieve samples from the far side of the moon. The space capsule will arrive in four days and collect 4.4 pounds of moon rocks and regolith, or moon dirt. Beijing’s desire to one day become a space power and scientific force is for pragmatic purposes in 2024 a fait accompli. Rep. Frank Lucas (R-Okla.), chairman of the House Science, Space and Technology Committee, said during a NASA budget hearing this week, that “while the US remains the global leader in space exploration, we face increasing challenges internationally.” Referring to China’s space station, Lucas said: “We cannot allow China to become the front-runner in space exploration… There are too many consequences for our competitiveness, our national security, and our continued ability to explore space.” A new report released this week by the Center for Strategic and International Studies (CSIS) says that the United States, to further its geopolitical interests and maintain a strong domestic economy, must approach every aspect of economic and trade policy through the lens of global technology competition. The Biden Administration’s approach, it says, discounts the landscape of competition between China and the US and may “jeopardize US advancements in emerging technologies… which could cede the advantage to China….” In particular, the report recommends that the US take action now because quantum and artificial intelligence (AI) need a federal policy to ensure the country can spur the entrepreneurship and R&D efforts foundational to the strength of the technology sector. As China’s Communist Party (CCP) becomes more hostile to the United States and other Western nations, its aggressive activities abroad expand and intensify. Chinese spy cases far outnumber those of Russia and every other nation. CSIS reports that since President Xi took over in 2012 there have been 224 incidents of spying. Estimates of the long -term economic, scientific, and national security cost to the US run into the billions and have “created immeasurable damage to national security with the theft of weapons technology, including nuclear weapons test data… China has added the theft of massive quantities of personal information, political coercion, and influence operations, to its espionage activities.” The CSIS reports says that 49% of incidents of spying in the US directly involved Chinese military or government employees, with private Chinese citizens accounted for 41%. In 29% of the espionage cases the person involved was attempting to acquire military technology, while in 54% of the incidents it was related to commercial technologies. Almost half of the cases involved cyber espionage, usually by state—affiliated actors. No matter where one turns today China is challenging the West, from the depths of our oceans to outer space. The United States cannot count on China to be a good global citizen and refrain from attempting to enforce its vision of world order with Beijing at the apex. The time is growing short for the West to take action. Daria Novak served in the U.S. State Dept.