An executive order signed by President Biden makes it easier for agencies to impose regulatory changes without review or public scrutiny.
President Biden signed the order on April 6. It significantly altered how the government reviews major regulatory changes, allowing some new regulations to escape cost-benefit analysis and making it more difficult to track them.
He said the new $200 million threshold is already shielding new regulations from scrutiny, calculating that the Biden administration is on pace this year to issue only 18 economically significant rules that will meet the new $200 million threshold and thus require additional review and transparency. Last year, under the $100 million threshold, the administration issued 43 rules.
Among the eight new regulations that ducked additional scrutiny are a regulation establishing a health benefits program for U.S. Postal Service employees and a State Department rule hiking visa fees for students, tourists and others.The $200 million threshold should be raised even higher, to $332 million, if adjusted fully for inflation, said Connor Raso, senior associate general counsel at the Public Company Accounting Oversight Board and a Brookings contributor.
Mr. Biden also vetoed congressional legislation overturning his $400 billion student loan forgiveness program and a new Environmental Protection Agency rule expanding federal regulatory power over land and water. As the Biden administration has sought to decrease regulatory scrutiny, Republicans in Congress are seeking ways to increase it.
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