Bills of Congress by U.S. Congress

H.R.142 - Regulations from the Executive in Need of Scrutiny Act of 2025 (119th Congress)

Summary

H.R. 142, the Regulations from the Executive in Need of Scrutiny Act of 2025 (REINS Act), aims to amend Title 5 of the United States Code, specifically concerning congressional review of agency rulemaking. The bill stipulates that major rules issued by the executive branch would not take effect unless Congress approves them through a joint resolution. This would increase congressional oversight of federal regulations.

The bill defines a 'major rule' as one that has or is likely to have an annual effect on the economy of $100 million or more, cause a major increase in costs or prices, or have significant adverse effects on competition, employment, investment, productivity, or innovation. It also establishes procedures for congressional review and approval of both major and non-major rules.

Furthermore, the bill requires agencies to provide detailed information on the basis of their rules, including cost-benefit analyses, and mandates a Government Accountability Office (GAO) study on the number and economic cost of existing rules.

Expected Effects

The primary effect of the REINS Act would be to shift power from the executive branch to the legislative branch regarding the implementation of regulations. Federal agencies would need to secure congressional approval for any rule deemed 'major' before it can take effect.

This could lead to a slowdown in the regulatory process, as agencies would need to allocate more time and resources to justify their rules to Congress. It could also result in fewer regulations being enacted, particularly those that face significant political opposition.

Additionally, the act could increase the influence of special interests in the regulatory process, as they could lobby Congress to block regulations that negatively impact their interests.

Potential Benefits

  • Increased congressional accountability for regulations imposed on the American people.
  • Greater transparency in the federal regulatory process through required reporting and cost-benefit analyses.
  • Potential for more carefully drafted and detailed legislation due to increased congressional scrutiny.
  • Opportunity for Congress to better oversee the executive branch's regulatory actions.
  • May reduce the number of regulations that impose significant economic burdens.

Potential Disadvantages

  • Potential for significant delays in implementing necessary regulations due to the requirement for congressional approval.
  • Increased political gridlock and potential for special interests to unduly influence the regulatory process.
  • Could hinder the ability of agencies to respond quickly to emerging threats or changing circumstances.
  • May lead to under-regulation in certain areas, potentially harming public health, safety, or the environment.
  • Increased workload for Congress, requiring them to dedicate more time and resources to reviewing regulations.

Constitutional Alignment

The REINS Act raises constitutional questions related to the separation of powers. Article I, Section 1 of the Constitution vests all legislative powers in Congress. The Act seeks to reassert congressional control over regulatory actions, which some argue have been excessively delegated to the executive branch.

However, the Constitution also grants the executive branch the power to execute laws, which includes the power to issue regulations. Opponents of the REINS Act might argue that it unduly infringes on the executive branch's ability to carry out its constitutional duties.

The Act's procedural requirements for congressional review and approval of regulations could be seen as an exercise of Congress's legislative power, but its potential to impede the executive branch's ability to enforce laws could raise concerns about the balance of power between the two branches.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).