Biden: "If you elect me, your taxes are going to be raised"

At a Joe Biden campaign rally in South Carolina on Friday, a voter told Biden that the Trump tax cut saved him money, but Biden shot back that he would raise taxes if elected.
Biden: "By the way, how many of you did really well with that $1.9 trillion tax cut..."
[Voter raises a hand to say he benefited from the Trump tax cut.]
Biden: "Well you did! Well, that's good. I'm glad to see you are doing well already. But guess what, if you elect me, your taxes are going to be raised, not cut, if you benefited from that."
Biden has threatened to repeal the Tax Cuts and Jobs Act enacted by congressional Republicans and President Trump. Such a repeal would impose a $2,000 annual tax increase on a median income family of four and a $1,300 annual tax increase on a median income single parent with one child.
Biden continues to lie about the tax cuts.
When Joe Biden claimed that “All of [the TCJA] went to folks at the top and corporations," he got the dreaded Four-Pinocchios from the Washington Post.
In its fact check, the Washington Post stated: “Most Americans received a tax cut.”
The New York Times also flatly stated: "Most people got a tax cut."
CNN's Jake Tapper did his own fact check and concluded: "The facts are, most Americans got a tax cut."
CNN's Tapper also stated: "In fact, estimates from both sides of the political spectrum show that the majority of people in the United States of America did receive a tax cut."
FactCheck.org stated: "Most people got some kind of tax cut in 2018 as a result of the law."
FactCheck.org also stated: "The vast majority (82 percent) of middle-income earners — those with income between about $49,000 and $86,000 — received a tax cut that averaged about $1,050.
H&R Block: “The vast majority of people did get a tax cut.”
If the TCJA is repealed, as Biden has promised:
- A family of four earning the median income of $73,000 would see a $2,000 tax increase.
- A single parent (with one child) making $41,000 would see a $1,300 tax increase.
- Millions of low and middle-income households would be stuck paying the Obamacare individual mandate tax.
- Utility bills would go up in all 50 states as a direct result of the corporate income tax increase.
- Small employers will face a tax increase due to the repeal of the 20% deduction for small business income.
- The USA would have the highest corporate income tax rate in the developed world.
- Taxes would rise in every state and every congressional district.
- The Death Tax would ensnare more families and businesses.
- The AMT would snap back to hit millions of households.
- Millions of households would see their child tax credit cut in half.
- Millions of households would see their standard deduction cut in half, adding to their tax complexity as they are forced to itemize their deductions and deal with the shoebox full of receipts on top of the refrigerator.
Biden also lied to the American people when he ran for Vice President in 2008 when he repeatedly said he would not support any form of any tax that imposed even “one single penny” of tax increase on anyone making less than $250,000. Biden shattered that promise upon taking office.
If you want to stay up-to-date on their threats to raise taxes, visitwww.atr.org/HighTaxDems.
Deutsche Bank Analyst Calls For Tax On “Privilege” of Working From Home

Millions of Americans across the country have been forced to self-isolate and work from home for months because of the Coronavirus pandemic. With new lockdowns being floated across the country, one Deutsche Bank analyst is now proposing to tax American workers for this “privilege.”
Under the proposal, workers would be required to pay a 5 percent tax on their income for every day they work remotely. The analyst projects that this could raise $48 billion per year in the United States.
The rationale for this tax? According to the Deutsche Bank analyst, Americans working remotely are basically mooching off society:
“…a big chunk of people have disconnected themselves from the face-to-face world yet are still living a full economic life. That means remote workers are contributing less to the infrastructure of the economy whilst still receiving its benefits.”
The report argues that Americans being forced to work from home are seeing “direct financial savings on expenses such as travel, lunch, clothes, and cleaning,” so can afford paying a new tax. Other benefits of working from home cited by the report include “forgone socializing” and “greater job security.”
This report assumes that Americans working from home are living in luxury. In reality, many Americans working from home have faced significant challenges through the pandemic including a reduction in work hours, uncertainty over the future of their employment and declining mental health due to the government-mandated lockdowns. In fact, according to the CDC, 40 percent of American adults surveyed in June reported struggling with mental health or substance abuse during the pandemic.
In addition to the clear downsides of forced isolation, there are many problems with this tax. For one, it could dramatically increase complexity in the code.
The tax would put new burdens on small and large companies that would presumably have to track whether their employees worked from home on any given day. It would be difficult to track especially with workers that work part-time or half days.
The report suggests exempting self-employed and low-wage Americans, which could incentivize businesses to hire contractors or part-time workers over full-time employees.
Revenue generated from the tax is supposed to “support the mass of people who have been suddenly displaced by forces outside of their control.” While there should be a safety net for these Americans, the solution is not to tax those that still have their jobs. A work from home tax is nothing but an excuse to expand the size and scope of government.
While the work from home tax hike has so far not gained traction from the Left, it would fit neatly into the playbook of Bernie Sanders and Alexandria Ocasio-Cortez who have called for a $90 trillion Green New Deal, a $32 trillion Medicare for All, and a 70 percent income tax rate.
Joe Biden, Kamala Harris, and Democrat governors are considering new lockdowns, which would force millions of Americans back into isolation. Americans working from home have faced job insecurity, reduced hours, increased depression and anxiety, and declining mental health. A tax on the so-called “privilege” of working from home would exacerbate these negative side effects and add to this misery for millions of Americans.
Photo Credit: SalFalko
ATR Supports Sen. Loeffler's "Modernizing Americans' Health Care Plan"

Senator Kelly Loeffler (R-Ga.) has released the “Modernizing Americans’ Health Care Plan,” a framework to reduce costs and increase healthcare choice and access through free market, patient-centered policies.
Sen. Loeffler should be applauded for releasing this proposal. The Modernizing Americans’ Health Care Plan contains important proposals to expand HSAs to American families across the country, rejects efforts to impose price controls when addressing surprise medical billing, and provides reforms to lower prescription drug costs and incentivize American manufacturing.
Not only does this proposal contain a number of pro-growth, patient centered reforms, it also serves as an important contrast to the proposals put forth by the radical left to increase taxes and move the nation’s healthcare system closer toward socialism.
Highlights of the proposal include:
Expanding Health Savings Accounts (HSAs)
HSAs are currently used by 30 million American families to pay for common health care expenses, including doctor’s visits, prescription drugs, and hospital care. HSAs are also a middle-class tax cut – money contributed to any HSA is tax-deductible, money invested in an HSA can grow tax-free, and money spent on qualified health care expenses from an HSA is tax-free.
The framework expands HSAs so that Americans can pay for their healthcare tax free. This will allow millions of Americans across the country including gig-economy workers, every American that receives health care through their employer, Americans on Medicare and Medicaid, and those that receive care through the VA, Indian health plans, and Obamacare.
The proposal also allows HSAs to be used to pay for healthcare premiums and direct primary care and increases the HSA contribution limit from $3,550 to $10,800 for an individual and $7,100 to $29,500 for a family.
Addressing surprise medical billing without resorting to price controls
Sen. Loeffler’s legislation rejects efforts to address surprise medical billing without price controls. Surprise medical billing occurs when an individual receives an unexpectedly high medical bill as a result of being out of network or receiving emergency care.
While reforms to protect patients from high healthcare costs should be considered, some lawmakers, including Senate Health Committee Chairman Lamar Alexander (R-Tenn.), are pushing a surprise medical billing proposal that uses the heavy hand of government to set rates for any payments made to out-of-network providers.
This would replace private negotiations between insurers and providers with price controls, a proposal that should be anathema to conservatives as it utilizes government power to forcefully lower costs in a way that distorts economically efficient behavior and natural incentives created by the free market.
Sen. Loeffler’s proposal wisely reject these price controls. Moving forward, any attempt to address the surprise medical billing issue should be done in a way that avoids price controls.
Reducing drug costs and America’s dependency on China
The framework rejects the plan by far-left Democrats and Nancy Pelosi to enact socialized healthcare through H.R.3, legislation that would impose a 95 percent tax on hundreds of innovative medicines if manufacturers do not accept government set prices.
Instead, Sen. Loeffler’s proposal aims to address the root cause of high drug costs – the fact that foreign countries are freeloading off American innovation by artificially lowering prices. In order to solve this problem, the framework calls for the creation of a Chief Pharmaceutical and Medical Supply Chain Negotiator in the Office of the United States Trade Representative to fight against foreign price controls.
Sen. Loeffler’s framework also encourages American manufacturing of pharmaceuticals, medical devices and supplies by providing tax incentives for American businesses.
For instance, the proposal allows companies that move back to the U.S. to be eligible for fully business expensing on non-residential property. In order to prevent companies from being taxed when they choose to move back to the U.S, the proposal allows businesses to exclude from gross income any gain earned on the disposition of assets in the country the company is moving from.
These tax cuts will help level the playing field so that America can compete against the rest of the world. The U.S. currently lags foreign competitors, so these reforms are much needed. According to a study by the Manufacturing Leadership Council, the U.S. ranks 26 out of 36 when it comes to tax incentives that encourage domestic research and development.
Photo Credit: Tim Rawle
Democratic Socialists Gain Comrades in Office

This election cycle, many American voters reacted poorly to socialist groups trapsing around city streets. In a post-election caucus call, Virginia Democrat incumbent congresswoman Abigail Spanberger expressed frustration after narrowly surviving a challenging race, she declared “we do not need to use the word socialist or socialism ever again.”
It will be hard to grant her wish however, as the ranks of Democratic Socialist party-endorsed elected officials just grew again. Here are the Democrats who also were endorsed by the DSA.
2020 Winners
Alexandria Ocasio Cortez, New York, U.S. Representative District 14 (Democratic Party, Working Families Party)
Julia Salzar, New York, State Senate district 18 (Democratic Party, Working Families Party)
Rashiba Tlaib, Michigan, U.S. Representative District 13 (Democratic Party)
Jabari Brisport, New York, State Senate District 25 (Democratic Party, Working Families Party)
Marcela Mitaynes, New York, State Assembly District 51 (Democratic Party, Working Families Party)
Phara Souffrant, New York, State Assembly District 57
Zohran Mamdani, New York, State Assembly District 36
Jamaal Bowman, New York, Congressional District 16
Dean Preston, San Francisco, California, Board of Supervisors, District 5
Jovanka Beckles, Alameda County, California, Transit Board Ward 1
Konstantine Anthony, Burbank, California, City Council
Nithya Raman, Los Angeles, California, City Council District 4
Janeese Lewis George, D.C., City Council Ward 4
Jen McEwen, Minnesota, State Senate District 7
Cori Bush, Missouri, Congressional District 1
Danny Tenenbaum, Montana, State Representative District 95
Nikil Saval, Pennsylvania, State Senate District 1
Elizabeth Fiedler, Pennsylvania, State House District 184
Rick Krajewski, Pennsylvania, State House District 188
David Morales, Rhode Island, State House District 7
Greg Casar, Austin City, Texas, City Council District 4
2019 Winners
Dean Preston for San Francisco Board of Supervisors, District 5
Jackie Goldberg for Los Angeles School Board
Carlos Ramirez–Rosa for Chicago Alderman, 35th Ward
Jeanette B. Taylor for Chicago Alderman, 20th Ward
Byron Sigcho Lopez for Chicago Alderman, 25th Ward
Rossana Rodriguez-Sanchez for Chicago Alderman, 33rd Ward
Jivan Sobrinho-Wheeler for Cambridge City Council, At-Large
Kendra Brooks for Philadelphia City Council At-Large
Michael Payne for Charlottesville City Council, At-Large
Photo Credit: nrkbeta
More from Americans for Tax Reform
Taxpayer Win in Utah: Voters Chip Away at Income Tax Earmark – Amendment G

Utah voters approved Amendment G, which appeared on the general election ballot. This taxpayer win is a great first step towards ending an antiquated approach to managing the state budget.
Since Utah has had an income tax in place, 100% of income tax revenue has been earmarked for ‘education.’ This bizarre arrangement, which is almost exclusive to Utah (Alabama has a similar earmark), has resulted in Utah state government costing more than it should and would otherwise be the case.
Despite the fact that Utah has experienced significant surpluses in income tax revenue – roughly $1 billion in 2019 alone – not a single dollar could be used to cover other parts of the budget. As a result, other taxes have remained higher than “necessary” since income tax revenue could not go towards any other government programs.
This arrangement has also made it incredibly difficult to deliver pro-growth tax reform that reduces, or ideally phases out, the state income tax. “This [earmarking all income tax revenue for education] means the most powerful lobby in Utah – the teacher’s union – is an opponent of all pro-growth reductions in the state income tax burden,” explained Grover Norquist in an OpEd in UtahPolicy.com.
Amendment G, which won about 54% of the vote, starts to chip away at this earmark on income tax revenue. Thanks to Amendment G, income tax revenue can also be used to fund programs for children and the disabled. Not just education.
This reform, which will offer greater flexibility in the budgeting process, will allow hard earned taxpayer dollars to be used more efficiently and reduce the threat of future tax increases. It may even facilitate lower tax rates.
Photo Credit: Curtis Fry
ATR Releases Letter Urging Lawmakers To Extend or Make The CFC Look-Through Rule Permanent

ATR President Grover Norquist has released a letter to key lawmakers urging them to extend or make the controlled foreign corporation (CFC) look-through rule permanent under IRC section 954 (c)(6).
The CFC look-through rule helps provide cash-flow and liquidity for American businesses operating overseas by protecting payments such as dividends, interest, and royalties from taxation when they are made between two U.S. subsidiaries. Without the look-through rule, American businesses will be double taxed on income earned overseas.
The CFC look-through rule is set to expire on December 31, 2020. If lawmakers fail to extend the rule, or ideally make it permanent, American businesses will face tax increases in a time of immense economic damage caused by the COVID-19 pandemic.
Read the full letter here or below:
Dear Chairman Grassley, Chairman Neal, Ranking Member Wyden, and Ranking Member Brady:
I urge you to extend or make permanent the controlled foreign corporation (CFC) look-through rule under IRC section 954 (c)(6). If lawmakers fail to act, the CFC look-through rule will expire December 31, 2020, resulting in tax increases on American businesses.
The CFC look-through rule helps provide cash-flow and liquidity for American businesses operating overseas by protecting payments such as dividends, interest, and royalties from taxation when they are made between two U.S. subsidiaries. Without the look-through rule, American businesses will be double taxed on income earned overseas.
It is important to note that the CFC look-through rule is not a “tax loophole.” It does not give taxpayers a windfall, but instead levels the playing field. Foreign companies typically do not face additional tax when redeploying capital amongst different subsidiaries, so the CFC look-through rule ensures American businesses can compete.
In addition, the provision does not allow American businesses to completely avoid taxation on foreign income. Income attributable to the CFC look-through rule is still taxed under Global Intangible Low-Taxed Income (GILTI) rules, which provides a reduced corporate rate on foreign income.
There is bipartisan support for the CFC look-through rule. Since it was first enacted in 2006, the CFC look-through rule has been extended multiple times. President Obama’s FY 2016 budget proposal called for making this provision permanent. Congress preserved the CFC look- through rule in the Tax Cuts and Jobs Act in 2017, in recognition of the fact that U.S. tax should not be owed when an American company redeploys capital among foreign subsidiaries. More recently, the CFC look-through rule was extended in 2019 on a bipartisan basis.
The Coronavirus pandemic has resulted in significant economic damage to American businesses and workers. Moving forward, we need to preserve tax policies that help businesses maintain payroll and provide liquidity so they can continue investing and creating jobs. As such, I urge you to ensure that the CFC look-through rule is extended, and ideally made permanent, before its expiration at the end of the year.
Onward,
Grover Norquist
President, Americans for Tax Reform
Photo Credit: kidTruant
Ossoff and Warnock Vow to End Georgia's Right to Work Protections

Georgia has been a Right to Work state since 1947. But if Democrats Jon Ossoff and Raphael Warnock have their way, Right to Work will be abolished in Georgia.
Both have endorsed the PRO Act, federal legislation that bans Right to Work.
Jon Ossoff (D) endorsed the PRO Act. From the CWA Union:
"Ossoff supports the PRO Act, landmark legislation that will strengthen the rights of workers to join together in unions and collectively bargain with their employers, and oppose any efforts to weaken or remove protections for workers’ right to organize and collectively bargain."
Raphael Warnock (D) endorsed the PRO Act. From the CWA Union:
"Warnock supports the PRO Act, landmark legislation that will strengthen the rights of workers to join together in unions and collectively bargain with their employers, and oppose any efforts to weaken or remove protections for workers’ right to organize and collectively bargain."
As seen on video and in writing, Joe Biden and Kamala Harris also vow to ban Right to Work laws which protect 166 million Americans in 27 states, more than half the U.S. population. Right to Work laws allow workers the freedom of employment without forced membership in a labor union or forced payment to a union boss.
Joe Biden said: "We should change the federal law [so] that there is no Right to Work allowed anywhere in the country. For real. Not a joke. Not a joke."
Kamala Harris said: "Banning Right to Work laws. That needs to happen."
Click here or below to watch Kamala Harris and Joe Biden vow to abolish Right to Work:
Harris and Biden also documented their anti-Right to Work position in writing here and here. And both have endorsed the PRO Act which bans Right to Work. The PRO Act legislation is live ammunition, having already passed the Democrat-run U.S. House of Representatives. In the Senate, it is co-sponsored by self-described socialist Bernie Sanders and 40 Democrat senators.
Right to Work states outperform non-Right to Work states:
- Right to Work states experience stronger growth in the number of people employed, growth in manufacturing employment, and growth in the private sector. According to the National Institute for Labor Relations Research, the percentage growth in the number of people employed between 2007-2017 in Right to Work states was 8.8%, and 4.2% in forced-unionism states. Growth in manufacturing employment between 2012-2017 in Right to Work states was 5.5%, and 1.7% in forced-unionism states. The percentage growth in the private sector from 2007-2017 in Right to Work states was 13.0%, and 10.1% in forced-unionism states.
- Right to Work laws increase individual life satisfaction and economic sentiment. A study by Christos Makridis of the Massachusetts Institute of Technology (MIT) found that Right to Work laws are associated with an increase in self-reported current life satisfaction, expected future life satisfaction, and sentiments about current and future economic activity among workers, as Forbes describes. The study explains that "these improvements in well-being are consistent with an increase in competition among unions, which prompts them to provide higher quality services that are valued by their members." As the Heritage Foundation explains, "It was no accident that foreign automobile brands located their U.S. plants primarily in right-to-work states like Alabama, Mississippi, and Tennessee."
- Forced-unionism states experience severe out-migration. An analysis by Stan Greer of the National Institute for Labor Relations Research found that forced unionism states, between 2007-2017, experience net migration of -7.4%, whereas Right to Work states experience a 1.6% growth in number of residents.
- Right to Work laws protect workers from union corruption. The Detroit Free Press reported that U.S. Department of Labor documents showed embezzlement from hundreds of union offices across the country over the past decade. In the past two years, "more than 300 union locations have discovered theft, often resulting in more than one person charged in each instance." Workers should not be forced to fund entities that have high instances of theft and corruption, especially when there are no similar demands that citizens must directly fund a private organization.
Consider yourself warned: If Democrats win full control of the federal government, Georgia's Right to Work will be gone overnight.
"No one should have to pay someone for the right to have a job. Forced union dues were recognized as wrong when congress passed the Taft-Hartley Act of 1947," said Grover Norquist, president of Americans for Tax Reform. "Everyone in a free country has the right to work without being asked to pay off union bosses."
The 27 Right to Work states are: Florida, Wisconsin, Michigan, Iowa, Arizona, Georgia, North Carolina, South Carolina, Virginia, Texas, Tennessee, Indiana, Kentucky, Nevada, Oklahoma, Nebraska, South Dakota, North Dakota, Wyoming, West Virginia, Mississippi, Alabama, Louisiana, Arkansas, Idaho, Utah, Kansas.
See Also:
Biden and Harris Threaten Independent Contractors and Freelancers Nationwide
Photo Credit: John Ramspott
2021 Map: Republicans to Have Full Control of 24 States, Democrats 15
In 2021, Republicans will have full control of the legislative and executive branch in 24 states.
Democrats will have full control of the legislative and executive branch in 15 states.
Population of the 24 fully R-controlled states: 134,766,812
Population of the 15 fully D-controlled states: 120,326,393
Republicans have full control of the legislative branch in 31 states.
Democrats have full control of the legislative branch in 18 states.
Population of the 31 fully R-controlled legislature states: 185,895,957
Population of the 18 fully D-controlled legislature states: 133,888,565
Click here for full-size versions of the map below.

Arizona Slated for Massive Income Tax Hike -- Prop 208

Arizona voters have unfortunately approved Proposition 208, a measure that was heavily funded by out of state interests and will result in the hardworking taxpayers across the Grand Canyon State facing a permanent $1 billion income tax hike. Legal challenges against Prop. 208 are likely to ensue.
Prop. 208 will impose a new 3.5% “surcharge” on single filers who earn more than $250,000 a year and married couples who earn more than $500,000. This amounts to a whopping 77.7% tax increase, giving Arizona the unwelcome distinction of being home to one of the highest income rates in the country.
“Backers of Prop. 208 have been claiming this massive increase in Arizona’s top marginal individual income tax rate would only impact ‘the rich.’ But that is not true,” wrote Grover Norquist, president of Americans for Tax Reform, in an OpEd that warned of the serious negative consequences of this measure. “Prop. 208 proponents ‘forget’ to mention that small business owners also pay individual income taxes. In reality, around 50% of those whose tax rates would be targeted are small businesses, many of whom have already been struggling from weeks of forced shutdowns to slow the spread of the coronavirus.”
Adding insult to injury, Prop. 208 is also going to jeopardize future jobs and opportunities for Arizonans. “[I]t has been well documented that income tax rates are a key determinant of business location and investment,” wrote Norquist. Prior to Prop. 208, Arizona’s top marginal individual income tax rate of 4.5% was fairly competitive. Once Prop. 208 takes effect, Arizona’s new rate of 8% will rank 10th highest in the country and 2nd highest in the region. “Why would anyone want to invest in Arizona when there are so many other states that would allow them to keep more of their hard-earned money,” said Norquist.
Prop. 208, the so-called “InvestInEd” measure, will devastate Arizona’s economy, while doing nothing to actually improve education. “It would not expand parental choice. It would not call for higher standards. It is basically a slush fund for bureaucrats,” explained Norquist. “Giving all parents and students – regardless of income or address – the ability to choose the school that works best for them is the best way to improve education and education outcomes.”
A glimmer of hope for Arizona taxpayers is that legal challenges are likely to be filed against Prop. 208. There is still a chance that this massive tax increase – the largest in Arizona history – may not take effect.
Photo Credit: Neepster
U.S. Economy Adds 638K Jobs In October As COVID-19 Recovery Continues

The economy is continuing to recover strongly from the Coronavirus pandemic, with 638,000 jobs added in October according to data released today by the Bureau of Labor Statistics. Since the April pandemic-low, 12.1 million jobs have been recovered as businesses continue to reopen and Americans continue getting back to work. Over half of the jobs lost to the Coronavirus pandemic have now been recovered, a sign that the pro-growth policies enacted by Republicans and President Trump have been successful.
The unemployment rate fell to 6.9 percent, with the private sector adding 906,000 jobs in total. This outpaced overall employment gains due to 268,000 government jobs being lost.
Despite the pandemic, this is a lower unemployment rate during the entirety of the Obama-Biden first term. At the same time in 2012, the Obama-Biden unemployment rate was 7.9 percent.
The unemployment rate fell across the board for key demographics, falling to 10.8 percent for blacks, 7.6 percent for Asians, 8.8 percent for Hispanics, and 6.5 percent for women. Black employment increased by 433,000 alone, the second single largest increase on record.
The October jobs numbers again beat industry expectations – economists surveyed by the Dow Jones projected a gain of 530,000 and an unemployment rate of 7.7 percent.
These strong jobs numbers come on the heels of other economic good news – the US economy grew by 7.4 percent in the third quarter of 2020, or 33.1 percent on an annualized basis – the fastest pace of GDP growth ever recorded.
The labor force participation rate increased 0.3 percent to 61.7 percent, and the number of Americans on temporary layoff fell by 1.4 million to 3.2 million. This measure is down significantly from a high of 18.1 million in April.
These jobs gains came in some of the hardest-hit sectors of the economy, including 271,000 jobs added in the hospitality industry and 208,000 jobs added in professional and business services. Construction also added 84,000 jobs in October.
While more work remains to be done, these strong economic indicators show that the Republican pro-growth agenda of tax cuts and regulatory relief is the way to recover from the pandemic. The fundamentals of the economy remain strong, and lawmakers should continue to enact pro-growth policies that will help the economy continue to recover.
In stark contrast, Joe Biden wants to raise taxes on the American people by over $4 trillion and repeal the Tax Cuts and Jobs Act “on day one.” In just six months, the economy has recovered 54 percent of jobs lost to the pandemic. It took the Obama-Biden administration 31 months to recover the same share of jobs lost during the 2008-2009 recession.
As the U.S. economy turns the corner on the COVID-19 pandemic, Biden’s tax hikes will thwart our recovery and decimate our economy.
Photo Credit: Gage Skidmore
HHS Unveils Proposal to Require Retrospective Review of Regulations

The Department of Health and Human Services (HHS) this week unveiled a notice of proposed rulemaking that would enact unprecedented regulatory reform by requiring regulations to go through retrospective review. Under the proposed rule, entitled “Securing Updated and Necessary Statutory Evaluations Timely,” HHS would be required to review existing regulations every ten years under the Regulatory Flexibility Act (RFA).
As many as 85 percent of HHS regulations created before 1990 have not been edited or updated, so this deregulatory action is long overdue.
The new proposal will address this mass of outdated regulations by providing a pathway to update, modernize, and eliminate regulations and help promote a healthcare system that provides Americans with high quality, patient centered care.
The proposal would require the vast majority of regulations to undergo a two-step review process. Under this process, the agency would first be required to determine the economic impact of any rule. If it is determined that a regulation has a significant economic impact, the agency is required to perform a more detailed review, which must consider a number of factors including how complex the rule is, whether it is duplicative in any way, and whether there are any technological, economic, or legal considerations in amending or rescinding the rule.
A small minority of regulations will be exempt from this process including regulations that are jointly issued with other agencies, regulations that legally cannot be rescinded, and regulations issued with respect to a military or foreign affairs function or addressed solely to internal management or personnel matters.
Retrospective review of regulations is a bipartisan issue that has been supported by every Democrat and Republican president in the last four decades. For instance:
- In 1978, President Carter signed Executive Order No. 12044, which directed agencies to “periodically review their existing regulations,” requiring agencies to consider, among other things, whether “technology, economic conditions or other factors have changed in the area affected by the regulation.”
- In 1981, President Reagan signed Executive Order 12291, which ordered agencies to “review existing regulations” in view of cost-benefit principles and potential alternatives. Reagan also signed Executive Order 12498 in 1985, which ordered agencies to create an annual plan of review for existing regulations.
- In 1992, President George H.W. Bush released the “Memorandum on Reducing the Burden of Government Regulation,” which instructed agencies to conduct a 90-day review “to evaluate existing regulations and programs and to identify and accelerate action on initiatives that will eliminate any unnecessary regulatory burden or otherwise promote economic growth.”
- President Clinton signed Executive Order No. 12866, which called for review of existing regulations to determine whether they have become “unjustified or unnecessary as a result of changed circumstances,” and “to confirm that regulations are both compatible with each other and [are] not duplicative or inappropriately burdensome in the aggregate” and requiring agencies to submit a plan to the White House Office of Information and Regulatory Affairs (OIRA) for period reviews.
- In 2001, President George W. Bush released a report to Congress that reviewed how to assess the costs and benefits of existing federal regulations, including their aggregate costs.
- President Obama signed Executive Order No. 13563, which ordered agencies “to facilitate the periodic review of existing significant regulations . . . to promote retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned.”
This latest regulatory reform builds on these past actions. In addition, it builds on the record HHS has amassed in enacting significant regulatory relief during the COVID-19 pandemic. For instance, the agency issued emergency authorization for new COVID-19 tests and allowed out-of-state doctors to treat patients through telehealth. In addition, the agency eased rules to increase ventilator production and allow hospitals and providers significant flexibility regarding workplace rules, scope of practice requirements, and off-site treatment.
More recently, the agency unveiled a proposal streamlining the approval process of laboratory developed tests (LDT). The proposal removed duplicative regulations that required the FDA to conduct premarket review of LDTs even though diagnostic laboratories are already subject to regulation by the Centers for Medicare & Medicaid Services under the Clinical Laboratory Improvement Amendments of 1988. There was no statutory requirement for the FDA to exert oversight over LDTs – this requirement was created through unofficial guidance. This resulted in significant regulatory costs for laboratories -- the FDA review process took an average of 262 days and impaired the ability for diagnostic laboratories to respond to public health emergencies.
The new proposal from HHS to require retroactive review of regulations will help ensure that these rules are efficient, modern, and are not overly burdensome to the American people. It builds on the recent record of regulatory reform and past efforts by Democrat and Republican administrations. Moving forward this rule should be swiftly finalized and implemented in order to provide important regulatory relief to taxpayers and the healthcare system.
Photo Credit: American Life League
















