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Posts Tagged ‘Red Tape’

If you look at the methodology behind the major measures of economic liberty, such as Economic Freedom of the World and Index of Economic Freedom, you’ll notice that each nation’s regulatory burden is just as important as the overall fiscal burden.

Yet there doesn’t seem to be adequate appreciation for the importance of restraining red tape. I’ve tried to highlight the problem with some very depressing bits of information.

Unfortunately, these bad numbers are getting worse.

We start with the fact that there’s a natural tendency for more intervention in Washington because of the Obama Administration’s statist orientation.

That’s the bad news. The worse news is that this tendency to over-regulate is becoming more pronounced as Obama’s time in office is winding down.

I’ve already opined on the record levels of red tape emanating from Washington, but it’s getting even worse in the President’s final year.

Here’s what the Wall Street Journal recently wrote about the regulatory wave.

…government-by-decree that is making Mr. Obama the most prolific American regulator of all time. Unofficially, Mr. Obama’s Administration has once again broken its own record by issuing a staggering 82,036 pages of new and proposed rules and instructions in the Federal Register in 2015. …That would not only eclipse Mr. Obama’s record of 81,405 set in 2010; it would also give him six of the seven most prolific years of regulating in the history of the American republic. He’s a champion when it comes to limiting economic freedom, and American workers have the slow growth in jobs and wages to prove it. …His Administration is also in a class by itself in issuing de facto rules as “notices” or “guidance” that are ignored by businesses at their peril. …And there’s much more to come.

Amen. The WSJ is correct to link the regulatory burden with anemic economic performance.

As I point out in this interview, red tape is akin to sand in the economy’s gears.

By the way, I can’t resist emphasizing that the Nordic nations, much beloved by Bernie Sanders and other leftists, generally are more free market than the United States on non-fiscal issues.

In other words, they have a more laissez-faire approach on matters such as regulation.

Now let’s try to quantify the cost of all this red tape.

The Washington Examiner reports on some new research.

The price of the Obama administration’s regulatory burden hit just shy of $200 billion last year, or $784 million for every day his government was open for business, according to a new analysis by American Action Forum.

To make matters worse, as I noted in the interview, I very much suspect the bulk of that new regulation was not accompanied by cost-benefit analysis. So the supposed benefits will be small and the actual costs will be high.

Let’s move from the general to the specific. The Heritage Foundation has a list of the worst regulations from last year. Here are some of the highlights, though lowlights would be a better term.

  • …a ban by New Jersey on sales of tombstones by churches — adopted in March at the behest of commercial monument makers.
  • Certain New York restaurants now have to include warnings on their menus about the sodium content in many popular dishes.
  • The Occupational Safety and Health Administration…expanded its mandate in June by declaring that businesses should allow employees to use whichever restroom corresponds to their “gender identity.”
  • …the Environmental Protection Agency and Army Corps of Engineers expanded their own jurisdiction to regulate virtually every wet spot in the nation.

And there are plenty more if you really want to get depressed.

But let’s not dwell on bad news. Instead, we’ll close by highlighting a potentially helpful bit of regulatory reform north of the border. Here are some blurbs from a story in the Washington Examiner.

…look to Canada for lessons from its experiment with regulatory budgeting. What is regulatory budgeting? It’s a process that seeks to use traditional budget concepts to better manage regulatory costs. The goal is to require government departments and agencies to prioritize and manage “regulatory expenditures,”… Regulatory budgeting imposes hard caps on departments and agencies and requires that new regulatory policies fit within their respective budgets. It may not be a silver bullet to the U.S. government’s regulatory profligacy, but with strong political leadership and a proper design, it can arrest the growth of new regulations and bring greater accountability, discipline and transparency to the process. …Departments and agencies are given a “baseline” calculation of regulatory requirements and the costs they impose on individuals and businesses, and then are expected to live within their respective budgets. This means — at least, in the case of the federal experiment — that any new regulatory requirements be offset by eliminating existing ones with equivalent “costs.” An independent, third-party panel verifies the government’s year-over-year compliance.

And it appears this new system is yielding dividends.

Over the past two years, the federal government estimates the system has saved Canadian businesses more than C$32 million in administrative burden, as well as 750,000 hours spent dealing with “red tape.” Most importantly, regulatory budgeting has gradually contributed to a more disciplined regulatory process by rewarding departments and agencies for finding lower-cost options and for making existing requirements smarter and less burdensome.

Hmmm…, maybe I should consider escaping to Canada rather than Australia if (when?) America falls apart.

In addition to this sensible approach on regulatory reform, Canada is now one of the world’s most economically free nations thanks to relatively sensible policies involving spending restraint, corporate tax reform, bank bailouts, the tax treatment of saving, and privatization of air traffic control. Heck, Canada even has one of the lowest levels of welfare spending among developed nations.

Though things are now heading in the wrong direction, which is unfortunate for our northern neighbors.

P.S. While the regulatory burden in the United States is stifling and there are some really inane examples of silly rules (such as the ones listed above), I think Greece and Japan win the record if you want to identify the most absurd specific examples of red tape.

P.P.S. Though I suspect America wins the prize for worst regulatory agency and most despicable regulatory practice.

P.P.P.S. Here’s what would happen if Noah tried to comply with today’s level of red tape when building an ark.

P.P.P.P.S. Just in case you think regulation is “merely” a cost imposed on businesses, don’t forget that bureaucratic red tape is the reason we’re now forced to use inferior light bulbs, substandard toilets, second-rate dishwashers, and inadequate washing machines.

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For those of us worried (with good reason!) about excessive regulation and red tape, 2015 was not a good year.

As you can see from the headline of this story in the Washington Examiner, federal bureaucrats were very busy imposing new mandates and restrictions on the economy. Indeed, President Obama now has the cumulative record for red tape.

That’s obviously good news for compliance bureaucrats, lawyers, and others who get fat and happy because of the regulatory state. But it can’t be good for growth and competitiveness to have all that sand thrown into the gears of the economy.

And to put the numbers in context, here’s a chart from the folks at the Competitive Enterprise Institute. On the left side, it shows the biggest red-tape year for every President before Obama. And then on the right side, it shows how Obama is consistently meeting or exceeding prior records.

All this bad news might be somewhat bearable if there was some reason to think we were turning a corner and that the worst was behind us.

Unfortunately, that’s not the case. Let’s now share another headline, this time from a report in The Hill.

The bottom line is that the Obama Administration is openly excited about the prospect of building upon the President’s dubious red-tape record.

Though I guess we shouldn’t be surprised. If you read the story, you’ll see that next year will be a perfect storm of pro-regulation bureaucrats being egged on by Obama’s regulatory appointees who see 2016 as their last chance to impose additional red tape on the economy’s productive sector.

But the private sector will become less dynamic as we become more like Greece. Here are some very depressing bits of information I’ve shared in the past.

P.S. While the regulatory burden in the United States is stifling, I think Greece and Japan win the record if you want to identify the most absurd specific examples of red tape.

P.P.S. Though I suspect America wins the prize for worst regulatory agency and most despicable regulatory practice.

P.P.P.S. Here’s what would happen if Noah tried to comply with today’s level of red tape when building an ark.

P.P.P.P.S. Just in case you think regulation is “merely” a cost imposed on businesses, don’t forget that bureaucratic red tape is the reason we’re now forced to use inferior light bulbs, substandard toilets, second-rate dishwashers, and inadequate washing machines.

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When people think about government regulation, it’s understandable that they focus on things that impact their everyday lives.

Most of us, for instance, are irked by government’s war against modern life. Bureaucratic pinheads in Washington think they have the right to plague us with crummy dishwashers, inferior light bulbssubstandard toilets, and inadequate washing machines.

But what matters more is the way that onerous regulation throws sand in the gears of the economy, slowing growth and undermining job creation. And no matter how you slice the data, there’s no escaping the conclusion that American competitiveness is suffocating because of red tape and regulation from Washington.

Here are some very depressing bits of information I’ve shared in the past.

So what’s President Obama’s plan to deal with this regulatory morass?

Well, he wants to make matters worse. I’m not joking. Here are some excerpts from a report in The Hill.

President Obama is moving to complete scores of regulations as he looks to cement key parts of his legacy… The White House quietly released its formal rulemaking schedule late last week, revealing the administration’s latest plans for regulations currently in the works at agencies across the federal government. …Obama has no intentions of slowing down the process during his final year in office. …Critics, however, say the President has already issued far too many burdensome regulations. …the administration has finalized about one rule a day since Obama took office and estimates the compliance costs associated with those rules to total about $700 billion.

What makes this so depressing is that the Mercatus Center has new research showing that the regulatory burden is especially harmful to entrepreneurs and small businesses.

Here are some of the findings from this new study.

…a 10 percent increase in the intensity of regulation as measured by the RegData index leads to a statistically significant 0.5 percent decrease in overall firm births. …regulation deters hiring overall. A 10 percent increase in regulation is associated with a statistically significant 0.9 percent decrease in hiring. …Regulation leads to a statistically significant reduction in hiring and firm births for firms overall and for small firms. …our results suggest that from 1998 to 2011, increased federal regulation reduced the entry of new firms by 1.2 percent and reduced hiring by 2.2 percent. That result implies that returning to the level of regulation in effect in 1998 would lead to the creation of 30 new firms and the hiring of 530 new employees every year for an average industry.

So who benefits from red tape?

Other than bureaucrats and lobbyists, the big winner is big business.

…we find that large incumbents are actually less likely to die when their industry becomes more regulated. That finding suggests that incumbents, in particular, benefit from increasing levels of regulation and provides support for the idea that incumbents might actively seek increasing regulation to deter entry and limit competition (consistent with capture theory).

The good news is that a growing number of people are recognizing the need to deal with excessive regulation.

I don’t think many people would accuse Professor Noah Smith of Stony Brook University of being a libertarian, yet he makes a strong case for regulatory relief in a recent Bloomberg column.

Republicans should stop focusing so much on taxes and devote more attention to deregulation. …Although it’s very difficult to measure the amount of regulation across the economy, there are more and more areas that are cause for concern. For example, the scope of occupational licensing, which economists mostly believe is a drag on growth, is startling, and seems to have no good reason behind it. …Another concern is environmental regulation…local development opponents are often able to use costly environmental reviews to block needed infrastructure. A third area is zoning. As the incentives for density have risen, zoning regulation has become an increasing burden on growth.

He lists additional items, such as the approval process at the FDA for new drugs and all the Byzantine red tape required by the Sarbanes-Oxley law, and he also makes the very important point that cost-benefit analysis is necessary since not all regulations are created equal.

So what’s the solution to this mess?

Research from the folks at Mercatus points to some possible solution.

First and foremost, cut the budgets for regulatory agencies. If there’s less money, there will be fewer bureaucrats with fewer resources.

Here’s a very persuasive chart from a Mercatus report showing the correlation between regulatory budgets and the burden of red tape.

By the way, notice how regulatory spending exploded during the Bush years. Yet another bit of data showing that statist Republicans can be even worse for the economy than statist Democrats.

But I’m digressing. Let’s now look at another potential way of reining in the regulatory state.

Another study from Mercatus looks at a policy in Canada that put an aggregate cap on red tape.

Canada recently became the first country in the world to legislate a cap on regulation. The Red Tape Reduction Act, which became law on April 23, 2015, requires the federal government to eliminate at least one regulation for every new one introduced. Remarkably, the legislation received near-unanimous support across the political spectrum: 245 votes in favor of the bill and 1 opposed.

The nationwide legislation was based on an experiment in British Columbia.

When the BC government first introduced the Reform Policy in 2001, two regulatory requirements had to be eliminated for every one introduced. …today the policy calls for eliminating one requirement for every new one introduced. …requiring regulators to…eliminate…regulatory requirements for every new one introduced represented a dramatic change in thinking about regulation in BC: It put the onus on the government to…reduce the total amount of regulation.

And this policy apparently was very successful.

There is no question that BC’s economic performance improved markedly after 2001 in contrast to the “dismal decade” of the 1990s. The province went from being one of the worst performing in the country to being among the best. …economic growth in BC was 1.9 percentage points below the Canadian average between 1994 and 2001 but 1.1 percentage points above the Canadian average between 2002 and 2006. BC’s real GDP growth was lower than Canada’s as a whole in six of the nine years between 1992 and 2000, but BC’s GDP grew faster than Canada’s every year between 2002 and 2008.

What’s the key takeaway lesson?

Well, just as a spending cap is the right approach to fiscal policy, a regulatory cap also is the right way to deal with red tape.

…a hard cap on the total amount of regulatory requirements…has forced a discipline that did not previously exist, a discipline that has helped change the culture within government to one where regulators see their job as focusing on the most important rules.

Gee, what a radical idea. Requiring the folks in Washington to set priorities and make tradeoffs!

P.S. I guess we can add regulatory reform to our good-things-we-can-learn-from-Canada collection, along with spending restraint, corporate tax reform, bank bailouts, reducing double taxation, and privatization of air traffic control. Heck, Canada even has one of the lowest levels of welfare spending among developed nations.

P.P.S. Since we just reviewed research on how big corporations can benefit by supporting regulations that will disproportionately hurt their small competitors, you probably won’t be surprised to learn that some of those same big companies support tax hikes that will be especially damaging to small businesses.

P.P.P.S. While I suspect America wins the prize for worst regulatory agency and most despicable regulatory practice, Japan almost surely wins the prize for the oddest regulation.

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When writing about the burden of regulation, I often share big numbers about aggregate cost, job losses, time wasted, and foregone growth.

But I sometimes wonder if such data is effective in the battle for good policy.

Maybe it’s better, at least in some cases, to focus on regulations that affect quality of life for regular people. Lots of ordinary citizens, for instance, are irked that they’re now forced to use inferior light bulbs, substandard toilets, and inadequate washing machines because of regulatory silliness from Washington.

And it looks like we’ll now be forced to use dishwashers that don’t clean dishes thanks to proposed regulations that will reduce water use (which is in addition to a 2012 regulation that already restricted water use).

The Hill reports on the Nanny State’s latest salvo in the war against modern civilization.

The Association of Home Appliance Manufacturers is accusing the Department of Energy (DOE) of a politically motivated drive to increase dishwasher efficiency standards, which are so bad that they would cause consumers to re-wash dishes, erasing any efficiency gains. Rob McAver, the group’s head lobbyist, said regulators are going too far and the new rules will allow only 3.1 gallons to be used to wash each load of dishes. …They then ran standard tests with food stuck to dishes. “They found some stuff that was pretty disgusting,” McAver said. …“The poor performance that would result would totally undercut and go backwards in terms of energy and water use, because of the need for running the dishwasher again, or pre-rinsing or hand-washing, which uses a lot of water,” he said.

Great, another bone-headed step by the government that will make life less enjoyable.

I’m already one of those people who rinse my dishes before putting them in the dishwasher because I hate the idea that they won’t be fully clean afterwards.

So I can only imagine how bad it will be if this absurd example of red tape is imposed and I have to buy a new dishwasher.

I guess I’ll just keep my fingers crossed that my current dishwasher doesn’t break down.

Especially since the rules make new dishwashers more expensive.

Ernest Istook, former Republican congressman from Oklahoma, wrote in a Washington Times piece that complying with the 2012 rule, based on DOE estimates, added roughly $44 to the cost of each machine. “Now their 2015 proposal will add another $99 to the price tag, even by DOE’s own admission,” he wrote.

Julie Borowski has the right assessment. Her column for Freedom Works is from 2012, but it’s very appropriate still today.

Are you disappointed in every shower head that you purchase? Does your toilet have trouble flushing? Have you noticed that your dishes are still dirty after the dishwasher cycle is completed? …Some of us may be quick to blame the manufacturer of these home appliances. But the manufacturers are just abiding by the costly regulations by the Environmental Protection Agency (EPA) and the Department of Energy.

What’s really frustrating is that these regulations reduce the quality of life without even reducing water usage.

…it has only led to people hacking their shower heads to remove the intrusion that is blocking water flow in order to have a more relaxing shower that actually gets them clean. There is no proof that the water restrictions have actually saved water because many people just end up taking longer showers than they otherwise would.

Amen. Every so often I wind up at a hotel with restricted-flow showerheads and it’s a hassle because I probably spend twice as long in the shower.

Not to mention problems government has created elsewhere in bathrooms.

…water restrictions are also the reason that our toilets have trouble flushing. Many of us have become accustomed to flushing the toilet multiple times before the toilet bowl is clear. The 1992 Energy Policy Act states that all toilets sold in the United States use no more than 1.6 gallons of water per flush. These water restrictions are the reason why we have to use plungers far more often than we used to.

I won’t torment readers with a TMI moment, but I will say that I now routinely flush at the halfway point when seated on a toilet. And even that doesn’t necessarily preclude a third flush at the end of the process.

The only good news is that this gives me a daily reminder that government has far too much power to micro-manage our lives.

Speaking of excessive government, here’s another example of the regulatory state run amok.

Perhaps you’ve heard of the federal milk police? Well, now we’ll have the federal pizza police, as explained by The Manhattan Institute.

Pizza makers could face fines and prison time under a new Food and Drug Administration rule for failing to provide calorie counts for their billions of combinations of pizza orders. …FDA’s menu labeling rule will go into effect on December 1st, 2016… If a company does not perfectly comply with the mandate, food may be rendered “misbranded” under the Federal Food, Drug, and Cosmetic Act, a violation that carries criminal penalties. Failure to comply with the regulation could lead to government seizure of food, a maximum $1,000 fine, and a one-year prison sentence. …Revising systems under strict compliance with the regulation’s guidelines is expected to cost Domino’s $1,600 to $4,700 per restaurant annually. In general, the rule is expected to cost businesses $537 million, losses that necessarily must be passed on to consumers in the form of higher prices.

And I doubt anyone will be surprised to learn that all this coercion and red tape will have no positive effect.

Several studies on the effectiveness of calorie displays suggest the mandate will have little to no effect on the public’s choices. In one study on menu-labeling in New York City, Brian Elbel, a professor at New York University, found that only 28 percent of people who saw calorie labels said that the information influenced their choices. There was no statistically significant change in calories purchased. In another study, Lisa Harnack of the University of Minnesota examined whether knowledge about calorie counts of menu items would influence how much a person ate, even if the information did not change ordering habits. A lab study revealed that, overall, consumers did not change how much they ate after receiving information about their food’s caloric content.

Which is why, when writing about this topic last year, I predicted “If this regulation is implemented, it will have zero measurable impact on American waistlines.

P.S. Keep in mind we already have the federal bagpipe police, the federal pond police, and the federal don’t-whistle-at-whales police.

P.P.S. As I repeatedly warn, if the answer is more government, someone’s asked a very silly question.

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I suspect that most Americans, if asked to list the biggest economic success story in the United States over the past few decades, would list high tech and the Internet.

And that would be a good answer. For those of us with a good bit of gray hair, it’s sometimes remarkable to think how much different the world is today with laptops, tablets, smart phones, and all sorts of other gadgets.

Gadgets with huge value, by the way. Ask yourself the question in this video. How much money would you need to give up the Internet for the rest of your life?

But if every dark cloud has a silver lining, then I guess silver clouds must have dark linings. And you won’t be surprised to learn that the dark lining for the Internet and high tech is big government.

More specifically, the Federal Communications Commission (FCC) wants to use a law from the 1930s as an excuse to seize authority to micro-manage this (at least so far) vibrant sector of our economy.

In a column for the Wall Street Journal, Gordon Crovitz writes about this regulatory power grab in Washington that could stifle the “permissionless innovation” of the Internet.

Last week Washington abandoned open innovation when the chairman of the Federal Communications Commission yielded to President Obama ’s demands and moved to regulate the freewheeling Internet under the same laws that applied to the Ma Bell monopoly.

So what does that mean?

Until now, anyone could launch new websites, apps and mobile devices without having to lobby a regulator for permission. That was thanks to a Clinton-era bipartisan consensus that the Internet shouldn’t be treated as a public utility. Congress and the White House under both parties kept the FCC from applying the hoary regulations that micromanaged the phone system, which would have frozen innovation online. Last week’s announcement from FCC Chairman Tom Wheeler rejects 20 years of open innovation by submitting the Internet to Title II of the Communications Act of 1934. Once Mr. Wheeler and the commission’s Democratic majority vote this month to apply Title II, the regulations will give them staggering control. Any Internet “charges” and “practices” that the bureaucrats find “unjust or unreasonable is declared to be unlawful.”

And it will open the door to cronyism as already-established companies and well-connected insiders work the system for their own advantage.

This is an open invitation to entrenched companies challenged by new technologies. The Internet has been a source of creative destruction, upending industries from music, movies and newspapers to retail, travel and banking. History teaches that companies threatened by competition will hire as many lawyers as necessary to get regulators to protect them.

And when I wrote the door will be open, it will be wide open.

In 2005, the U.S. Supreme Court warned that if the FCC treated the Internet as a telecommunications service, it “would subject to mandatory common carrier regulation all information service providers that use telecommunications as an input to provide information service to the public”—in other words, almost all websites and apps would be subject to regulation. …once regulators get power, they use it. And if there is any forbearance, there will be litigation from companies seeking to burden their competitors with regulation.

Here are some videos that help put the debate in context.

Let’s start with this Reason TV interview.

Next we have a humorous portrayal of Internet usage in a bureaucrat-governed world.

Sort of reminds me of this Obamacare OB/GYN video.

Last but not least, here’s a dry but very informative explanation of the “net neutrality” issue.

But perhaps all you need is this cartoon, which is from a bigger collection that can be enjoyed here.

Think about the big picture. Is there a sector of the economy that has become more efficient and inexpensive because of government?

Health care? Nope.

Higher education? Nope.

Banking? Nope.

Charity? Nope.

Manufacturing? Nope.

I could continue, but you get the idea.

P.S. If you want more bad news, the Obama White House wants to cede some authority over the Internet to the Keystone Cops at the United Nations.

P.P.S. And since we’re sharing bad news about the Internet, don’t forget that some politicians want a government-empowering, privacy-destroying scheme to let state politicians impose taxes on online sales that take place outside their borders.

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How thoughtful. The President gave the economy a special gift before jetting off to Hawaii.

The Obama administration is cramming like a college student trying to study for a final exam, publishing more than 1,200 new regulations in the last 15 days alone, according to data from Regulations.gov. Energy and environment rules are the biggest category, with 139 published by the federal government in the last 15 days… So far this year, the Obama administration has proposed or finalized  more than $200 billion in regulations when the coal ash rule’s costs are factored in, according to the American Action Forum.

Unfortunately, it appears there is no return policy for these gifts, even if many of them are actually lumps of coal.

So is there a way to quantify the cost of all this regulation, particularly when added to all the red tape that’s already been imposed?

The honest answer is that it’s very difficult. Do you measure only direct budgetary costs? What about compliance costs for the private sector. And how about the indirect costs of diminished productivity, not only in terms of economic performance but also the impact on longevity?

On the other side of the ledger, should there also be some calculation of benefits? A national 5-MPH speed limit would wreck the economy, to be sure, but it would save lives. How does this get measured, using cost-benefit analysis?

The bottom line is that the methodological issues when looking at regulatory burdens are significant, so take any numbers with a few grains of salt. With that caveat out of the way, here are some very large numbers to digest.

Americans spend 8.8 billion hours every year filling out government forms.

The economy-wide cost of regulation is now $1.75 trillion.

For every bureaucrat at a regulatory agency, 100 jobs are destroyed in the economy’s productive sector.

The Obama Administration added $236 billion of red tape in 2012 alone.

A World Bank study determined that moving from heavy regulation to light regulation “can increase a country’s average annual GDP per capita growth by 2.3 percentage points.”

And now we’re going to augment this disturbing list.

The Mercatus Center at George Mason University has a “RegData” page that allows a user to generate all sorts of information on regulatory burdens.

But I wasn’t focused on “micro” data on the regulations that affect different industries or the regulations promulgated by various bureaucracies.

I clicked on the data designed to capture the overall “macro” magnitude of red tape. And we have two types of information.

This first chart measures the numbers of words in the annual Code of Federal Regulations (which makes great reading if you’re suffering from insomnia).

The bottom line is that there’s been a 40 percent-plus increase in the number of words over the past 15 years.

To be sure, the number of words cranked out by regulatory bureaucracies is not a perfect measure of regulatory burdens.

The Pentagon, for instance, has 26 pages of regulation detailing how to bake brownies. That’s insanely stupid and probably makes brownie procurement four times more expensive than necessary.

But there are regulations with fewer pages (and fewer words) that are far more expensive to the overall economy. The IRS, for instance, imposed a regulation to force American banks to put foreign tax law above U.S. tax law regarding the reporting of bank deposit interest paid to nonresident foreigners with U.S. accounts. That regulation was less than five pages long, but could drive millions of dollars from the American financial system.

Now let’s look at the number of restrictions imposed by regulations. To be more specific, the Mercatus experts calculate the number of times that regulations use coercive words and phrases such as “shall” and “must not.”

The good news, if you’re grading on a curve, is that the use of coercive terminology has jumped by “only” 28 percent since 1997.

I guess you could say that bureaucrats are becoming loquacious faster than they’re becoming proscriptive.

Or if you’re a glass-half-empty person, you could say that they’re making us read more to learn how our freedoms are being curtailed.

Now let’s look at the regulatory burden imposed by one piece of legislation.

I’ve referred to the so-called Wall Street Reform and Consumer Protection Act as the Dodd-Frank Bailout Bill, but that really doesn’t capture the scope of the legislation. Robert Genetski has a column in Investor’s Business Daily that attempts to measure the law’s economic burden.

Our politicians have placed any number of barriers in the way of prosperity, and one of the most costly has been the Dodd-Frank financial reforms (DF). …The Government Accountability Office provided an original estimate of Dodd-Frank’s direct cost: $2.9 billion over the first five years. If that is accurate, it means the law will cost the taxpayers roughly $600 million annually, or $5 for each private-sector worker. The direct cost to taxpayers is only the beginning. Historical estimates show private-sector costs to comply with government regulations tend to be 36 times the direct cost to government. If Dodd-Frank is typical, the annual cost of compliance will be more like $22 billion, or $188 for each private-sector worker. Unfortunately, there are numerous indications the Dodd-Frank regulations are far from typical. …Dodd-Frank has a compliance cost of close to $120 billion annually, or just over $1,000 for each private-sector worker. As burdensome as that estimate sounds, it too likely understates Dodd-Frank’s compliance costs. …the Davis Polk law firm identified 398 explicit new regulations created by Dodd-Frank, making it at least 25 times more extensive and complex than Sarbanes-Oxley. If the costs of complying with Sarbanes-Oxley are the more reasonable gauge for those associated with Dodd-Frank, it could easily cost 25 times more than its predecessor, or $225 billion a year. This amounts to almost $2,000 for each private-sector worker.

Wow. I’m glad he ran out of space. The burden of the law got more expensive with each new paragraph.

Now let’s shift to a more uplifting story.

Back in the late 1970s, politicians actually deregulated the air cargo sector.

The folks at Mercatus highlight some of the benefits.

In the twenty years prior to deregulation, the CAB refused to certify the entry of any new cargo carriers or the expansion of existing ones into new routes and limited the size of plane allowed for air cargo hauls. Thus under this regime carriers such as FedEx, which was classified as an express (rather than cargo) service, could only use small planes even when larger ones were the more efficient choice. …Deregulation of the airline industry occurred in two stages: the first happened with the passage of Public Law 95-163 deregulating interstate air cargo transport in 1977; this was followed a year later by the Airline Deregulation Act of 1978 deregulating the air passenger industry. The effects of deregulation were dramatic. …Absent route restrictions, the air cargo industry began using hub-and-spoke models that made widespread overnight shipping possible. …Free from operational restrictions imposed by the CAB and the Interstate Commerce Commission (ICC), shippers increased reliability and provided a multitude of delivery speed, time, and method combinations. …Deregulation of air cargo was a key element in the emergence of modern supply chain management and allowed wider access to goods supplied by domestic and international sources. It also facilitated American trade to foreign markets. Efficiencies in widespread use of hub-and-spoke models for air cargo, by reducing total costs, enable more American products to reach foreign markets.

There’s also an accompanying video that is perfect for the season.

If air cargo regulation was the good and Dodd-Frank was the bad, I guess it’s now time for the ugly.

Here’s a video from Reason that satirizes the TSA for senseless rules on what can – and cannot – be carried onto a plane.

Just in case you think the video is unfair to the TSA, check out these horror stories.

P.S. Here’s what would happen if Noah tried to comply with current regulation when building an ark.

P.P.S. Meanwhile, there are reports that Santa Claus was arrested after a multi-bureaucracy investigation found that he violated a slew of federal rules.

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Maybe I’m biased because I mostly work on fiscal policy, but it certainly seems feasible to come up with rough estimates for the damage caused by onerous taxes and excessive spending.

On a personal level, for instance, we have a decent idea of how much the government takes from us and we know the aggravation of annual tax returns. And we tend to have some exposure to government bureaucracies, so we’re familiar with the concept of wasteful spending.

But how do you quantify the cost of regulation and red tape? Well, here are some very large numbers to digest.

Americans spend 8.8 billion hours every year filling out government forms.

The economy-wide cost of regulation is now $1.75 trillion.

For every bureaucrat at a regulatory agency, 100 jobs are destroyed in the economy’s productive sector.

The Obama Administration added $236 billion of red tape in 2012 alone.

In other words, the regulatory burden is enormous, but I worry that these numbers lack context and that most of us don’t really grasp how we’re hurt by government intervention.

So let’s look at some additional data.

If nothing else, this video from the Mercatus Center will help you appreciate just how vast the regulatory state has become.

The video mentions a report with additional data. Well, here’s some of what’s in that report.

A recent study published in the Journal of Economic Growth found that between 1949 and 2005 the accumulation of federal regulations slowed US economic growth by an average of 2 percent per year. Had the amount of regulation remained at its 1949 level, 2011 gross domestic product (GDP) would have been about $39 trillion—or three and a half times—higher, which translates into a loss of about $129,300 for every person in the United States.

A 2005 World Bank study found that a 10-percentage-point increase in a country’s regulatory burdens slows the annual growth rate of GDP per capita by half a percentage point. Based on this finding, an increase in regulatory burdens can translate to thousands of dollars in lost GDP per capita growth in less than a decade.

Other economists have estimated that a heavily regulated economy grows two to three percent slower than a moderately regulated one.

According to a World Bank study, moving from the 25 percent most burdensome to the 25 percent least burdensome regulatory environment (as measured by the World Bank’s Doing Business index) can increase a country’s average annual GDP per capita growth by 2.3 percentage points.

Hopefully all those numbers drive home the point that our economy is weaker and our incomes are lower because of needless red tape.

And never forget that even small differences in growth add up to big differences in living standards after a few decades.

Want more evidence? This chart, also from Mercatus, gives us a good idea. Industries that are heavily regulated had far lower levels of productivity compared to industries with less red tape.

And remember that labor productivity helps determine wages, so both workers and investors suffer.

By the way, if you’re interested in the methodology, here’s some of the explanatory text that accompanied the graph.

Regulatory burden is measured using RegData, a text analysis tool that counts the number of binding words—“shall,” “must,” “may not,” “prohibited,” and “required”—that appear in the Code of Federal Regulations and cross-references those word counts with the industries to which they apply. Comparing this data to production-efficiency measures from the Bureau of Labor Statistics shows that industries that are subject to less regulation have significantly higher production-efficiency measures than industries that are subject to more regulation.

And here are some sobering numbers from the Competitive Enterprise Institute. They show that regulatory compliance costs are now larger than the costs – for both households and businesses – of obeying the income tax.

Maybe now you can fully appreciate this Nate Beeler cartoon.

Let’s close with some specific examples of regulation run amok.

First, Kevin Williamson of National Review writes about the deadly (no hyperbole) decision by the Food and Drug Administration to block additional patients from receiving a promising treatment for the Ebola virus.

When you are infected with Ebola, you are not very much worried about the possibility that you might get sick — you are sick, horrifyingly so, and mortally so in more than half of all cases. Worrying that your health might take an additional turn for the worse after you’ve been infected with Ebola is like noticing that your car’s check-engine light has come on a half-second after you’ve driven it over the rim of the Grand Canyon. And so the controversy over giving experimental Ebola drugs to two American aid workers, Kent Brantly and Nancy Writebol, and whether to extend the same option to dying people in Africa, is a strange one. …the drugs should be released, but the World Health Organization is hearing none of it. The experimental Ebola serum, which has shown promise in tests on monkeys but has not been through human trials, may very well have saved the two aid workers’ lives. The serum, called ZMapp, is a project of Mapp Pharmaceutical of San Diego — one of those wicked pharmaceutical companies that are a favorite whipping-boy of health-care reformers while they are quietly working to save the world — in collaboration with Dreyfus Inc. and U.S. and Canadian health agencies. Mapp seems ready and willing to get moving: “Mapp and its partners are cooperating with appropriate government agencies to increase production as quickly as possible,” the firm said in a statement. But use of ZMapp remains “under the regulatory guidelines of the FDA.” An American firm with a potentially life-saving drug is allowed to administer it to two Americans, while 1,600 or more Africans are denied… Ebola experts including Peter Piot, the discoverer of the virus, argue that African doctors and patients should be given the same choice that was given to Kent Brantly and Nancy Writebol. He’s right.

The Ebola episode, isn’t an isolated example.

It isn’t just Africa, of course. Every year, Americans in the late stages of terminal illnesses are denied access to experimental treatments by the FDA, on the theory that untested drugs might make these dying people sick. The agency’s “compassionate use” program, which gives some leeway in the use of unapproved drugs, is cumbrous and narrow, and, like most regulatory programs, is much more oriented toward the FDA’s institutional interests than those of the sick and dying people the program allegedly is there to serve. The FDA is not there to look after Americans’ health; the FDA is there to look after the FDA.

And that can have deadly consequences for sick people.

Here’s a story, from Washington’s Freedom Foundation, about the Forest Service using its regulatory power to abuse a disabled veterans.

The story began about four years ago, when a small rock slide covered the entrance portal to Nicholas’ mine and, based on Forest Service rules and bureaucratic obstruction, he was forbidden to clear the slide debris with heavy equipment.  In addition to inventing new excuses and red tape to delay Nicholas’ rightful access to his claim, the agency also decided to seize his trailer and related equipment located at his mine, valued at $68,000.  …The USFS managers were very capable of inventing new justifications, excuses and delays to pick on Nicholas, and they apparently had plenty of time and energy to do this.

Fortunately, we have a happy ending.

While the Forest Service was denying Nicholas the ability to access his equipment with a backhoe because it might disturb spotted owls or cause some other imaginary terrible event, they admitted they could not prevent Nicholas from removing the small debris slide by hand. The bureaucrats appeared to think this was amusing because they knew Tony was disabled, and he wasn’t physically able to move these rocks.  They never considered that his neighbors would come to Nicholas’ aid and move tons of rocks for him.  This is exactly what happened in late June when – led by Manweller, 50 volunteers showed up at the Liberty Café in Cle Elum, drove up to Nicholas’ mine claim and moved many of the rocks.

I’m glad things worked out, but who would have thought the Forest Service would behave so poorly?

Then again, we recently learned that the Park Service was filled with spiteful bureaucrats.

Here’s one final example of ludicrous regulation, this time from Nebraska.

Massage a horse, go to jail. That’s the absurd fate Karen Hough could face if she wants to continue her business in Nebraska. A certified instructor, Karen has been massaging horses for years. …Earlier this year, she applied for a license in equine massage but was told only veterinarians can become licensed. A 2007 memo from Nebraska’s Board of Veterinary Medicine and Surgery asserted that “no health professional other than licensed veterinarians and licensed veterinary technicians may perform services/therapies on animals.” This means Karen would need to spend thousands of dollars and seven years of her life just to acquire a government permission slip to do what she’s been doing for years. A few weeks later, she received a letter from Nebraska’s Department of Health and Human Services ordering her to “cease and desist” from the “unlicensed practice of veterinary medicine.” In Nebraska, continuing to operate a business without a license after getting a cease and desist letter is a Class III felony. So Karen could face up to 20 years in prison and pay a $25,000 fine. By comparison, that’s the same penalty for manslaughter in the Cornhusker State. What’s worse, under Nebraska state law, she can’t even give out advice on how to massage horses: “They told me I couldn’t give massages for money; I couldn’t do it for free and I couldn’t even tell friends how to do it. That last one really got to me. To me, that is restricting my free speech.”

I confess that horse massaging sounds as odd as getting a psychologist for your cat, but maybe I’m behind the times.

Regardless, it’s absurd that you could get thrown in jail for rubbing a horse!

Or for selling milk. Or transporting a bagpipe.

As Joe Biden said, it’s time to take back America.

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