Limiting the Administrative State

The views expressed are those of the author and do not necessarily reflect the views of ASPA as an organization.

By Charles Mason
March 7, 2025

The core mission of public policy and administrators is to design, implement and evaluate policies that serve the public interest, ensuring effective governance, resource allocation and societal well-being. Several administrative state-limiting proposals have been presented in the 119th Congress to limit federal agency power. These bills aim to restore congressional oversight, limit regulatory excess and limit unelected bureaucrats. These laws continue a push to reduce government involvement in industry, finance, energy and social policy.

This wave of proposed legislation follows executive steps against governmental overreach. The current administration has reduced federal agency standards, reduced regulations and promoted state-level governance in federally governed areas. Some lawmakers are reconsidering these goals, with numerous states adopting efficiency measures under a DOGE-like framework. The following legislation, all reintroduced after failing in prior congressional sessions, are the most aggressive administrative state limits yet:

2025 REINS Act

The REINS Act would require congressional approval for major federal agency rules with an economic impact of $100 million or more before they take effect. This would provide accountability and congressional supervision over significant policy changes by preventing executive agencies from introducing costly regulations without legislative agreement.

The REINS Act has passed the House four times but never the Senate. Its return indicates a sustained effort to limit presidential regulatory authority.

SOPRA

SOPRA requires courts to consider agency action challenges de novo without respect to an agency’s interpretation of its authorizing statute. This would dramatically weaken executive agencies by requiring courts to evaluate their regulation judgments rather than deferring them to agency expertise. The House approved the bill in 2023, but the Senate did not. According to proponents, preventing agencies from interpreting laws would restore the constitutional division of powers.

Chevron Sunset Act

The Sunset Chevron Act addresses the problem of courts deferring to executive agencies’ interpretations of unclear statutes under Chevron’s deference. This measure would invalidate Chevron-deferred agency rules unless Congress passes them within 30 days. By removing agencies’ interpretation power, the bill would force Congress to define regulations more actively.

ERASER Act

The ERASER Act requires federal agencies to repeal three rules for every new one. This follows a rule from Executive Order 13771 to minimize business regulation. Advocates say this law will streamline bureaucracy and reduce regulatory burdens, but opponents say it might weaken environmental and consumer safety protections arbitrarily.

Midnight Rules Relief Act

Under the Midnight Rules Relief Act, Congress might remove several regulations with a joint resolution of disapproval. It explicitly targets rules published in the administration’s final 60 working legislative days, often untested by Congress. The Bill passed the House of Representatives 212-208 in February 2025. The act aims to reverse last-minute administration rules.

Blocking Bureaucratic Overreach Act

This measure lowers the economic effect threshold for legislature approval of key agency rules from $100 million to $50 million yearly. This level requires legislative approval within 15 days of effect, or the rule is immediately revoked. The BLOCK Act increases legislative oversight and limits executive agencies’ unilateral implementation of costly regulations on businesses and individuals.

Fed Freeze

The Federal Freeze Act, with limited exceptions, would bar federal agencies from expanding their workforces or raising salaries for one year following its implementation. The government workforce must be cut by 2 percent in two years and 5 percent in three. This bill limits government spending, bureaucratic bureaucracy and federal regulatory agency growth.

Historical Context and Legislation

All seven proposals have been offered in prior congressional sessions but opposed. Some have prioritized the REINS Act since 2009, but it failed to pass the Senate. The Midnight Rules Relief Act was submitted numerous times since 2012 and passed the House in December 2024, but the Senate never voted on it. These measures returned in 2025 as some sought to limit executive power and restore congressional power. Some are frustrated with an established administrative state that imposes policies without electoral accountability.

Initiatives at the State Level Department of Government Efficiency

Besides federal legislation, numerous states are adopting DOGE changes. This strategy streamlines bureaucracy, eliminates unnecessary agencies and enforces governmental economic restraint. Key state-level actions include:

• Regulatory Reduction Commissions examine and abolish old rules.
• REINS Act provisions requiring legislative approval for major new regulations.
• Workforce and budget restrictions, like the Federal Freeze Act, restrict government growth.

These state-level measures support the aspirations of some to decentralize governance and limit federal power.

Conclusion

The 119th Congress’ presentation of these seven pieces of legislation shows a renewed commitment to restricting the administrative state and returning power to elected legislators. Although these proposals face severe obstacles in the Senate and White House, their persistence indicates an ongoing ideological debate over federal agencies’ role in American governance.

The regulatory power issue continues with state-level measures and a possible role in the 2028 presidential elections. Whether these proposals become law or campaign platforms, their reappearance is a turning point in reforming federal economic and social policies.

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Author: Charles Mason, Ph.D., is a graduate of Walden University in Public Policy and Administration specializing in Criminal Justice. He is also a graduate of Barry University with an MPA and a graduate of Vincennes University with a Bachelor of Science in Homeland Security and Public Safety. He has over 30 years of experience in security, local law enforcement, state corrections and military service. He is currently president of Mason Academy. He can be reached at [email protected]. Twitter: https://twitter.com/DRCharlesMason

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