REINS Act: Congress Grabs the Regulatory Reins, Major Rules Need Approval

The "Regulations from the Executive in Need of Scrutiny Act of 2025," or REINS Act, significantly shifts the balance of power in the federal regulatory process. This bill gives Congress the final say on major rules issued by executive branch agencies, requiring a joint resolution of approval before they can take effect. This is a big change from the current system, where agencies have more autonomy in creating and implementing regulations. The stated purpose is to increase accountability and transparency, but the practical effects could be far-reaching.

Rulemaking Revolution

The core of the REINS Act is a new requirement for Congressional approval of "major rules." A major rule is defined as any regulation with an expected annual economic impact of $100 million or more, that causes a major increase in costs or prices, or has significant adverse economic effects (5 U.S.C. § 804). Before any such rule can be enforced, Congress must pass a joint resolution approving it. Agencies will now have to publish all data, studies, and cost-benefit analyses used in developing a rule (5 U.S.C. § 801). Think of it like this: if the EPA wants to implement a new regulation on power plant emissions that's projected to cost the industry $150 million annually, that rule would need explicit Congressional approval. The Comptroller General will also have to report on each major rule within 15 days, assessing if the rule limits private-sector activity. (5 U.S.C. § 801).

Real-World Rollout & Challenges

This new process has several immediate implications. First, expect a lot more paperwork and potentially longer timelines for new regulations. Agencies need to compile comprehensive reports, and Congress has a limited time to act on a resolution (5 U.S.C. § 802). Second, this could create significant bottlenecks. Imagine a scenario where a crucial public health regulation, like new food safety standards after a major outbreak, gets caught in Congressional gridlock. The bill does include an emergency provision, allowing the President to enact a major rule for 90 days under specific conditions (5 U.S.C. § 801), but that's a temporary fix. The bill also mandates that major rules expire 10 years after enactment, requiring a new joint resolution for extension (5 U.S.C. § 813). Agencies must also review at least 10% of their major rules in effect annually for the first 9 years after this law's enactment (5 U.S.C. § 814).

The Bigger Picture

The REINS Act directly addresses concerns about the growing power of the executive branch and what some see as excessive delegation of legislative authority by Congress. It's designed to force more detailed legislation and make Congress more accountable for the laws imposed on the public (SEC. 2. Purpose). However, it also raises questions about the potential for increased political influence and lobbying in the rulemaking process. It also creates a new pathway for individuals to challenge agency actions in court, providing an affirmative defense against alleged violations and a private right of action for injunctive relief (5 U.S.C. § 806, 807). This act is exempted from rules concerning monetary policy (5 U.S.C. § 808). The Act also requires the Director of the Office of Management and Budget (OMB) to publish a unified regulatory agenda twice a year, including regulatory and deregulatory actions. (5 U.S.C. § 811).