A battle is brewing in Washington as President Obama seeks to accomplish his goal of empowering the federal government, through the passage of numerous regulations, to an unprecedented degree before he leaves office.
The imbalance between regulations, which are passed largely without any substantial input by either the Congress or the people, and actual legislation is substantial. The Competitive Enterprise Institute (CEI) notes that “Congress passes and the president signs a few dozen laws every year. Meanwhile, federal departments and agencies issue well over 3,000 rules and regulations of varying significance. A weekday never passes without new regulation. Beyond those rules, however, we lack a clear grasp on the amount and cost of the many thousands of executive branch and federal agency proclamations and issuances, including memos, guidance documents, bulletins, circulars, and announcements with practical regulatory effect. There are hundreds of “significant” agency guidance documents now in effect, plus thousands of other such documents that are subject to little scrutiny or democratic accountability….In addition to non-congressional lawmaking, the executive branch often declines to enforce laws passed by Congress… without Congress actually passing a law … the federal government increasingly injects itself into our states, our communities, and our personal lives.”
The cost factor of all this bureaucracy is extraordinary. Senator Joni Ernst (R-Iowa) notes that the Obama Administration’s major regulations have cost $600 billion in since 2009.
A Heritage Foundation study of regulatory action in 2014 found that “… regulatory overreach by the executive branch is only part of the problem. A great deal of the excessive regulation in the past six years is the result of Congress granting broad powers to agencies through passage of vast and vaguely worded legislation. The misnamed Affordable Care Act and the Dodd–Frank financial-regulation law top the list.
“…The federal government does not officially track total regulatory costs, as it does with taxation and spending. Estimates of these costs from various independent sources range from hundreds of billions of dollars to over $2 trillion annually…the number and cost of new regulations, and both have grown relentlessly.”
One visible impact of America’s excess regulation is that the U.S. ranks a dismal 49th on a list of nations in terms of ease of starting a new business, according to the World Bank Group. That results in increased unemployment.
U.S. Congressman Tim Walberg (R-MI), U.S. Senator Joni Ernst (R-IA), and U.S. Senator Ron Johnson (R-WI) have introduced bicameral legislation, the Midnight Rule Relief Act, to prevent a surge in costly federal regulations as a President’s term comes to a close. According to Rep. Walberg (R-Michigan) “Given the Obama administration’s tendency to overregulate and overreach, the American people can expect to see a surge of last minute regulations in the President’s waning days in office…This bill will hold outgoing administrations in check.
The legislation would:
- Establish a moratorium period beginning on the day after the election through the inauguration on new regulations that cost the economy $100 million or more annually, or result in major cost or price increases for consumers, industries, or government agencies.
- Include exceptions for rules that are necessary for imminent health or safety threats, enforcement of criminal laws, and national security.
- Exempt rules that are limited to repealing existing regulations.
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In 2015, Ernst also co-sponsored the REINS Act, which would hold elected officials accountable to approve new major rules & regulations. The REINS Act would:
- Designate a ‘major rule’ as any rule or regulation that the Office of Management and Budget (OMB) determines to have a yearly economic impact of $100 million or more.
- Require passage by a roll call vote in Congress and presidential signature before any new ‘major rule’ can be enacted.
- Give Congress the ability to block burdensome new rules and regulations imposed by federal agencies.
- Restrain the power and broad discretion of federal agencies to impose significant ‘major rules’ without congressional oversight or public discussion.
- Pave the way for transparency and accountability within the federal rulemaking process.