The REINS Act: The Regulation-Stomping Bill That Could Give DOGE An Edge

As Elon Musk held a Spaces conversation on X last night, Sen. Mike Lee (R-UT) took a moment to pitch a bill that he suggested could help the Department of Government Efficiency (DOGE) prevail in its endeavors.

“We’ve destroyed federalism and separation of powers. I think for DOGE to succeed, we have to restore both of those,” Lee declared. “In my view, the best way to start is by passing the REINS Act which would require Congress to enact those laws. And I think to get that passed this year, we’ve got to attach it to the debt ceiling bill.”

Lee was not talking about actual laws but rather the morass of federal regulations implemented without the approval of Congress. Musk, who was tasked by President Donald Trump to lead DOGE and is already finding ways to cut billions of dollars in government spending each day, responded in agreement.

“Sounds good to me,” Musk said. “I absolutely agree with you 100%. What you’re saying is absolutely true. These vast amounts of federal regulation, which are de facto laws that are created — it’s an incomprehensible amount.”

The REINS Act, which is short for the Regulations from the Executive in Need of Scrutiny Act, has been proposed by Republicans in one form or another over the years, but has never made it through both chambers of Congress.

Critics have warned the legislation would undermine experts and make the government less efficient. Rep. Kat Cammack (R-FL) introduced the latest version of the bill along with Sen. Rand Paul (R-KY) in September, arguing it is needed to protect U.S. citizens.

A press release from Cammack’s office said:

The REINS Act would return legislative power to Congress, check federal overreach, and ensure Americans have the tools needed to defend their rights. The REINS Act requires Congress to approve major federal agency rules and rules with an impact of $100M or more before they take effect.

The original REINS Act most recently passed the House of Representatives in June 2023. The bill stipulates that once major rules are drafted, they must then be affirmatively approved by both chambers of Congress and then signed by the President, satisfying the bicameralism and presentment requirements of the Constitution. Currently, regulations ultimately take effect unless Congress specifically disapproves.

The updated REINS Act includes the following changes:

• New defense for individuals: Individuals can argue that the average person would not have known their actions violated federal law if the statue did not clearly state it

• Right to sue: People can sue to stop the enforcement of a rule if an agency implements a rule without prior congressional approval

• LIBERTY Act: Agency guidance with an economic impact of $100M or more needs congressional approval just like major rules

• Deregulatory actions exempted: Agencies do not need congressional approval to withdraw costly or burdensome rules

Upon being sworn in for her third term in January, Cammack announced that she was again introducing the REINS Act along with the USA Act for the new Congress. In a post to X the month before, the congresswoman suggested the bills could save a lot of money.

“The REINS Act is the largest regulatory reform effort in American history. That takes care of $2 trillion,” Cammack said. “Add in the USA Act, which cuts all Congressionally unauthorized spending and that’s another $500 billion. Put a bow on it with a balanced budget amendment. These are tickets to American prosperity.”

Vivek Ramaswamy, who recently departed the DOGE effort to possibly run for U.S. Senate in Ohio, is among those who have spoken favorably of the REINS Act.

“The REINS Act codifies the basic idea of a democracy: the people we elect to make the laws should be the ones who actually make the laws,” Ramaswamy said on X. “The fact that this is controversial reveals a lot.”

After beginning his second term in the White House, Trump signed an executive order that requires any federal agency that puts forward a new rule, regulation, or guidance to identify at least 10 more already in existence that could be repealed.

Sen. Joni Ernst (R-IA), chairwoman of the Senate DOGE caucus, mentioned the executive order during X Spaces conversation with Musk and Lee. In response, Musk offered another course of action to get a grip on a bureaucracy that has implemented more than 180,000 pages of federal regulations in recent years.

“I think in addition to that executive order, which I certainly applaud, I think we need to go and do wholesale removal of regulations,” Musk said. “Like regulations basically should be default gone. Default gone, not default there. Default gone. And if it turns out that we missed the mark on a regulation, then add it back in. These regulations were added willy-nilly all the time.”

He added: “We’ve just got to do wholesale spring cleaning of regulation and get the government off the backs of everyday Americans, so people can get things done. And the government doesn’t have a sort of boot on the neck of the average American.”