Overview
Title
To amend chapter 8 of title 5, United States Code, to provide that major rules of the executive branch shall have no force or effect unless a joint resolution of approval is enacted into law.
ELI5 AI
The bill says that if the government wants to make a big new rule that affects a lot of money, they need permission from Congress first, kind of like when you need to ask your parents before making a big decision.
Summary AI
H. R. 142 aims to change how major federal regulations, issued by executive agencies, become effective. Under the proposed law, such regulations would need Congress to pass a joint resolution of approval before they can take effect, thereby increasing legislative oversight and accountability. The bill is called the “Regulations from the Executive in Need of Scrutiny Act of 2025,” or the REINS Act. The bill also includes provisions for the process of reviewing agency rules, specifies exclusions for monetary policy, and mandates a study on the economic impact of existing rules.
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AnalysisAI
This proposed bill aims to amend chapter 8 of title 5 in the United States Code. Its primary goal is to ensure that significant rules from the executive branch do not become law unless Congress approves them. Dubbed the "Regulations from the Executive in Need of Scrutiny Act of 2025" or the REINS Act, it seeks to increase accountability and transparency by requiring major regulations to secure a joint resolution of approval from Congress.
Overview of the Bill
The bill outlines a comprehensive process for reviewing agency rulemaking. It distinguishes between "major rules," which have substantial economic impacts or significant effects on competition and other areas, and "nonmajor rules," which do not carry these implications. Only major rules would require a joint resolution from Congress to take effect. Conversely, nonmajor rules could become effective through a more expedited procedure. Notably, the bill also exempts monetary policy implementations by the Federal Reserve from these oversight processes, preserving their current procedural autonomy.
Significant Issues
One pressing issue with the bill is the potential vagueness of the definition of "major rule." The term's broad criteria could lead to subjective interpretation, affecting the classification and requiring some regulations to undergo extensive congressional scrutiny. This might delay the implementation of essential rules, especially in urgent health or safety situations unless procedural measures are efficiently managed.
The restriction on judicial review, as outlined in Section 805, could curtail legal oversight, limiting the courts' ability to hold agencies accountable for their compliance with procedural requirements. Additionally, exempting monetary policy decisions from this bill may reduce accountability for essential economic actions taken by the Federal Reserve, raising concerns about transparency.
Impact on the Public
For the general public, this bill could result in more deliberate and scrutinized legislative processes, potentially leading to clearer and better-defined rules. The requirement for congressional approval signifies a higher degree of legislative involvement, which might increase the precision and relevance of the laws impacting citizens' lives. Conversely, the complexity of the procedures and the slow pace of congressional action might draw out the implementation of necessary regulations, which could be detrimental in situations requiring swift governmental responses.
Impact on Stakeholders
Specific stakeholders, such as businesses and industries, may benefit from a more predictable and stable regulatory environment as Congress would provide additional oversight to significant regulations. This increased transparency could reassure industries concerned about sudden regulatory changes impacting their operations.
However, federal agencies might experience a reduction in their ability to promulgate regulations efficiently, potentially encountering procedural bottlenecks. Additionally, the Office of Information and Regulatory Affairs' central role may introduce subjectivity in determining which classifications and rules undergo rigorous congressional scrutiny, affecting policy prioritization.
Legislators and policymakers might find the bill enhances their influence over the rulemaking process, ensuring that constituent concerns are more thoroughly integrated into the regulatory framework. Critics, however, might argue that it places an unnecessary burden on Congress for technical regulatory issues better managed by subject experts in federal agencies.
In conclusion, while the intent behind the bill to improve accountability and transparency is apparent, its practical implications and the potential for procedural and interpretative challenges warrant careful consideration. The impact on stakeholders will largely depend on how efficiently and effectively the bill's processes are implemented.
Financial Assessment
The bill, H.R. 142, includes several financial references that pertain to its definition of what constitutes a "major rule" within the context of federal regulations. Specifically, the financial implications are centered around the economic impact of regulations and their classification, which determines whether they require congressional approval.
Major Rule Definition
One of the core aspects of the bill is its focus on major rules—defined as regulations that could result in an annual economic impact of $100 million or more. This definition sets a financial threshold that places significant weight on economic considerations, presenting challenges related to the bill's implementation. The criteria used to define major rules include not only the broad cost implications but also potential increases in costs or prices affecting consumers, industries, and government agencies.
Financial Impact and Legislative Oversight
The financial threshold outlined in the definition of a major rule has critical implications for regulatory oversight. It implies that any federal regulation meeting or exceeding this threshold must receive explicit congressional approval. Here, an essential issue arises: the subjective nature of assessing a rule's economic impact. The bill gives the Administrator of the Office of Information and Regulatory Affairs the authority to determine these impacts, which could lead to variability in which rules are prioritized for legislative review. The possibility of subjective interpretation could introduce inconsistencies in how regulations are handled, raising concerns about which economic interests are protected or delayed.
Exemptions and Procedural Considerations
Financial references in the bill also intersect with the notion of a rule's urgency and necessity. Specific exemptions for rules such as those involving monetary policy suggest that certain economic decisions must proceed without delay due to their critical nature. While this ensures prompt action in economically significant areas, it also raises questions about which rules are subject to the rigor of legislative scrutiny and which are exempt, potentially creating an imbalance in accountability measures.
Conclusion
Overall, the financial elements of H.R. 142, particularly regarding the $100 million threshold for defining major rules, play a pivotal role in shaping which regulations require legislative action. While this approach aims to enhance oversight, it introduces complexity into the regulatory process that could lead to varying interpretations and potential delays in essential rulemaking. The bill attempts to balance the need for economic accountability with legislative efficiency, but it may face challenges related to subjective determinations and procedural hurdles.
Issues
The definition of 'major rule' and its implications are broad and subjective, potentially subject to interpretation. This affects how rules are classified and what undergoes congressional approval, which could impose significant obstacles to implementing regulations that affect major economic sectors. (Sections 3, 804)
Judicial review limitations in Section 805 could prevent court oversight of determinations made under this bill, potentially reducing accountability and transparency in rulemaking processes significantly affecting public interest.
The exemption for monetary policy in Section 806 might allow the Federal Reserve and Federal Open Market Committee to make significant monetary decisions without equal scrutiny or oversight that other rules would face, raising concerns about the balance of power and accountability.
The requirement for a joint resolution of approval for major rules in Sections 801 and 802 places significant emphasis on the speed and efficiency of congressional procedures, which could hinder prompt enactment of necessary regulations, especially in urgent situations.
The bill's bureaucratic process for nonmajor rules, as described in Section 803, adds complexity and potential for procedural hurdles, impacting how swiftly and effectively rules are disapproved.
The language complexity and procedural intricacies described throughout the bill (especially in Sections 801-803) might reduce transparency and make understanding the processes difficult for the general public, potentially limiting public participation and oversight.
The effective date provisions for certain rules in Section 807 are somewhat ambiguous and could lead to varying interpretations, potentially creating loopholes in regulatory implementation.
The delegation of significant evaluative powers to the Administrator of the Office of Information and Regulatory Affairs in Section 804 could lead to subjective criteria in rule classifications, affecting which rules get prioritized for legislative review and potential disapproval.
The bill lacks detailed procedural guidelines on what occurs if amendments to joint resolutions are necessary, potentially leading to legislative confusion and inefficiency. (Sections 802, 803)
The section titles claim to improve accountability and transparency, yet the potentially vague terms used regarding 'accountability' and 'transparency' might not provide adequate operational clarity or effectiveness. (Section 2)
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of this act establishes its official name as the “Regulations from the Executive in Need of Scrutiny Act of 2025”.
2. Purpose Read Opens in new tab
Summary AI
The purpose of this Act is to make sure that the Federal government's rule-making process is more open and responsible. It aims to do this by ensuring Congress votes on important regulations, which would help create clearer laws and make Congress more accountable to the American public.
3. Congressional review of agency rulemaking Read Opens in new tab
Summary AI
The Congressional review process involves a detailed set of steps for assessing and approving agency rules, with Congress needing to either approve or disapprove major and nonmajor rules before they take effect. It includes provisions for submitting reports with economic analyses, defines major and nonmajor rules, and specifies that rules related to monetary policy or certain activities like hunting and fishing are exempt.
Money References
- “(2) The term ‘major rule’ means any rule, including an interim final rule, that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in— “(A) an annual effect on the economy of $100 million or more; “(B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or “(C) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets.
801. Congressional review Read Opens in new tab
Summary AI
The text outlines the process by which federal agencies must report new rules to Congress for review before implementation. Major rules require a joint resolution of approval to take effect, while nonmajor rules become effective as per specific provisions, and the President can authorize temporary enforcement under particular circumstances like emergencies or national security concerns.
802. Congressional approval procedure for major rules Read Opens in new tab
Summary AI
The section outlines the process for Congress to approve major rules through joint resolutions. It describes how such resolutions must be introduced, referred to committees, and voted on in both the House and the Senate, while specifying timelines and procedures to ensure these rules are promptly considered.
803. Congressional disapproval procedure for nonmajor rules Read Opens in new tab
Summary AI
In this section, Congress outlines a process for rejecting nonmajor rules through a joint resolution, which must be introduced within a specific time frame and can be expedited through both the House and Senate. The Senate has strict rules on debating these resolutions, including time limits and restrictions on amendments, to ensure prompt consideration and voting.
804. Definitions Read Opens in new tab
Summary AI
The definitions section provides meanings for key terms used in this chapter, including "Federal agency," which is an agency defined in section 551(1); "major rule," defined by its economic impact or effects on prices and competition; and "nonmajor rule," which is any rule not classified as a major rule. It also explains what “rule” excludes, like those related to specific organizational practices, and defines "submission or publication date" for when reports on rules are received or published.
Money References
- (2) The term “major rule” means any rule, including an interim final rule, that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in— (A) an annual effect on the economy of $100 million or more; (B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (C) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets.
805. Judicial review Read Opens in new tab
Summary AI
Judicial review of decisions made under this chapter is generally not allowed, but an exception exists for courts to check if a federal agency has followed necessary procedures for a rule to take effect. Additionally, passing a joint resolution of approval does not provide new legal authority, nor does it impact claims against any issues with a rule.
806. Exemption for monetary policy Read Opens in new tab
Summary AI
Monetary policy rules set by the Federal Reserve or the Federal Open Market Committee are not subject to the regulations outlined in this chapter.
807. Effective date of certain rules Read Opens in new tab
Summary AI
The section explains that despite the general rules, some regulations related to activities like hunting, fishing, or camping can start right away, as well as other non-major rules if the agency thinks it's necessary for good reasons and skipping the normal process won’t harm the public interest.
4. Budgetary effects of rules subject to section 802 of title 5, United States Code Read Opens in new tab
Summary AI
In this section, the law is updated to say that any new rule requiring Congress's approval, which affects the federal budget, will be assumed to take effect unless Congress explicitly disapproves it according to specific procedures.
5. Government Accountability Office study of rules Read Opens in new tab
Summary AI
The section requires the Comptroller General of the United States to conduct a study to find out how many rules, including major ones, were in effect at the time the act was enacted, and to estimate the total economic cost of all these rules. A report on the study's findings must be presented to Congress within one year from the enactment of the act.