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There Is No ‘Regulation Day’ to Remind Us How Much They Cost

Every year we are reminded how much money the government filches from us on Tax Day. However, there is no equivalent ‘Regulation Day’ to remind us the extra cost government imposes on us through pettifogging regulation. The fact is that federal regulations (never mind state and local) cost even more than the skyrocketing federal budget deficit, and help bring the federal government’s share of the economy to over 35 percent. Thankfully, my colleague Wayne Crews reminds us of this fact every year.

Regulations cost $1.75 trillion in compliance costs, according to the Small Business Administration. That’s greater than the record federal budget deficit — projected at $1.48 trillion for FY 2011 — and greater even than all corporate pretax profits.  This is only one of many findings of the new edition of Wayne’s “Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State,” a survey of the cost and compliance burden imposed by federal regulations.

The costs of federal regulations often exceed the benefits, yet they receive little official scrutiny from Congress. (Just last week, the admirable Rep. Ed Whitfield asked an EPA official for an example of a regulation being rejected because the costs outweighed the benefits. The official couldn’t think of one.) Wayne urges Congress to step up and take responsibility for the state of the nation by reviewing and rolling back economically harmful regulations.

Among the report’s findings:

The Federal Register stands at an all-time record-high 81,405 pages.

In 2010, federal agencies issued 3,573 final rules.

While agencies issued 3,573 final rules, Congress passed and the president signed into law a comparatively “few” 217 bills. Considerable lawmaking power is delegated to unelected bureaucrats at agencies, an abuse addressed recently in proposals such as the REINS Act.

Alarmingly, proposed rulesin the Federal Register have surged from 2,044 in 2009 to 2,439 in 2010, a jump of 19.3 percent.

Of the 4,225 rules now in the regulatory pipeline, 224 are “economically significant” meaning they wield at least $100 million in economic impact—this is an increase of 22 percent over 2009’s 184 rules.

Given 2010’s government spending (outlays) of $3.456 trillion, the regulatory “hidden tax” of $1.75 trillion stands at an unprecedented 50.7 percent of the level of federal spending itself.

Regulatory costs exceed all 2008 corporate pretax profits of $1.463 trillion.

Regulatory costs dwarf corporate income taxes of $157 billion.

Regulatory costs tower over the estimated 2010 individual income taxes of $936 billion by 87 percent—nearly double the level.

Regulatory costs of $1.75 trillion absorb 11.9 percent of the U.S. gross domestic product (GDP), estimated at $14.649 trillion in 2010.

Combining regulatory costs with federal FY 2010 outlays of $3.456 trillion reveals a federal government whose share of the entire economy now reaches 35.5 percent. 

Wayne urges reforms to make the regulatory costs more transparent and accountable to the people, including annual “report cards” on regulatory costs and benefits, and congressional votes on significant agency rules before they become binding.

So when you finish with your taxes today, remember that for every dollar you hand over, the Feds are costing you twice that in regulatory costs. Perhaps we do need a Regulation Day.

New on The Corner. . .


COMMENTS   7

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   04/18/11 10:44

I'm all for Regulation Day! We can celebrate child labor laws, clean and air and water (which isn't all that clean but would be far worse without regulations), safe working conditions, protections from dangerous products, predatory lending practices, etc. While there are certainly some dubious regulations, generally regulations is one of the primary ways that the government serves the people: by protecting us from the excesses of capitalism. Happy Regulation Day!

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   04/18/11 11:01

Yes, and everything is SO much better today than in the polluted, indentured-servitude days of 2000 or 1990 or 1980, thanks to the thousands and thousands of new regulations passed since then.

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   04/18/11 11:10

To the first two replies:

"Wayne urges reforms to make the regulatory costs more transparent and accountable to the people, including annual “report cards” on regulatory costs and benefits, and congressional votes on significant agency rules before they become binding."

None of which means "all you can pollute" or "preschoolers in sweat shops". The overwhwlming majority of those rules have nothing to do with things that were decided decades ago. Try again, fellas.

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   04/18/11 11:18

Regulation is also a sneaky way for government to hand out welfare to favored corporations and restrict competition on their behalf, all while claiming to protect us from big business. This vicious cycle may begin with well-intentioned attempts to help consumers, but it leads in the end to an extremely uneven playing field. Businesses' initially honest attempts to explain basic economic facts of life to regulators lead in the end to entrenched lobbying and gaming of the system, even to the point of writing the regulations to put their competitors at a disadvantage, so that market forces become a side issue and the goal ceases to be competing to put out a product people want. Part of the regulatory cost we all pay is in not being able to find the products we prefer, and being forced to settle for the unsatisfactory, overpriced choices that are allowed. It's long past time to unwind the entanglement between government and business.

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   04/18/11 12:53

Smithers: There you go again, propagating myth as reality.

Do you honestly think that govt had anything to do with any item in that list?

Clean Air: Thanks to govt, polluters were permitted to pollute as much as they wanted. Govt prevented those being harmed by the pollution from suing. Then finally govt got around to solving the problem that govt created in the first place.

Child Care: Was almost completely gone, long before govt got around to outlawing it.
Working conditioins: Have been improving as long as records have been kept (which was long before OSHA). The existence of OSHA did not increase the rate of increase by one iota.
Dangerous Products: Have always been handled by product liability lawsuits.
So called predatory lending practices were often required by govt regulators, they didn't get rid of them.

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Red Baker
   04/20/11 15:32

Americans for Tax Reform does a "Cost of Government Day" which last year was August 19th, 63% of the year.
(ATR should focus solely on percentage of the year, and on NATIONAL INCOME.) ATR includes the costs and regulations of state and local government.
External Link 

The US is now the same as socialist Europe, where the purpose of the nation is to support gigantic, arrogant, greedy Big Government. 63% of our national income (and rising fast) is devoted to supporting an overbearing, wasteful, duplicative government.

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BOBWSA
   09/28/11 10:13

Why blame congress or the president for our economic condition - they don't control the US government, the unelected bureaucrats rule this country. It doesn't matter who or what party is in office.

When will people wake up and smell the waste and corruption. We will sufferer the unintended consequences of the bureaucrat decisions to protect and help us (from ourselves) till then.

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