According to a new report from the Competitive Enterprise Institute, regulations imposed by federal agencies under the Biden-Harris administration are costing households at least $15,000 annually and the nation a total of $2.1 trillion. This “swamp tax” exceeds what families spend on food, clothing, and education combined. The report, Ten Thousand Commandments, suggests that these costs could be even higher due to changes in transparency rules made by the administration, which have obscured the full impact of some regulations, giving Vice President Harris yet another massive headache she’ll no doubt be forced to address on the campaign trail.
“Biden’s pursuit of various whole-of-government initiatives and transformation of OMB into a cheerleader for, rather than a watchdog over, regulation, I think he can greatly contribute to household costs far worse than what we imagine,” said the author of the report, CEI regulations expert Clyde Wayne Crews. Supporters of reducing bureaucratic red tape eagerly await his report because it provides a clear picture of the costs associated with federal regulations and highlights how federal agencies have increasingly taken over the role traditionally assigned to Congress—namely, writing regulations.
A key feature of the report is the “Unconstitutionality Index,” which tracks the number of rules issued by agencies compared to the number of laws passed by Congress. This year, Crews discovered that agencies approved 3,018 final rules while Congress passed only 68 regulatory laws, resulting in a ratio of 44 regulations for every law. Notably, then-President Donald Trump made cutting regulations a cornerstone of his administration, requiring federal agencies to rescind two for every new one implemented.
The report also found 97 “economically significant” rules that cost the nation $100 million or more just in the past six months, “far exceeding the previous 10 years.” The new report demonstrates how Biden and Harris have bypassed political division in Congress to implement their liberal programs through executive orders and regulations.
Many of the new regulations have multiple costly rules that raise the costs of American businesses and families. “The tally of final rules for 2023 is the second lowest count since 1976, but the number of pages in the Federal Register detailing those rules is the second-highest tally on record. Fewer official rules but broader in scope!” Crews said. “Regulatory compliance costs and mandates borne by businesses result in higher prices, lost jobs, and lower output,” Crews noted further, adding: “Regulations undermine the economic success of American businesses and households and drag down the economy. Congress should intervene and fix this problem.”
The report is the first on regulations to come after the Supreme Court’s landmark decision to overturn the “Chevron doctrine,” which called for courts to bow to federal agencies on regulatory matters. At a hearing on the topic this month, Crews said, “The end of Chevron deference marks an overdue reaffirmation of separation of powers and a brake on over-delegation.”
He then reiterated his call on Congress to rein in regulations Capitol Hill has grow exponentially. “Correcting over-delegation is vital, but the real challenge is Congress’s own disregard for enumerated powers. Response requires decentralization, restoration of federalism, and ending the abuse of crises as occurred with COVID and the financial meltdown,” he told the House Committee on House Administration.
Disclaimer: This article may contain commentary which reflects the author’s opinion.