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To require each agency to repeal 3 existing regulations before issuing a new regulation, and for other purposes.
Summary
The ERASER Act requires federal agencies to repeal at least three existing regulations before issuing a new regulation, with related regulations being preferred where practicable. For major regulations specifically, agencies must also ensure the cost of the new regulation does not exceed the combined cost of the repealed regulations, with the Office of Management and Budget required to certify this cost comparison. The requirement does not apply to interpretive rules, agency procedure or organizational rules, or procurement-related rules. The Government Accountability Office must study and report to Congress every five years on the total number of regulations in effect and their estimated economic cost.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
- Sen. Schmitt, Eric [R-MO] (R-MO)
2 cosponsors
- Sen. Hawley, Josh [R-MO] (R-MO)
- Sen. Scott, Rick [R-FL] (R-FL)
Actions (2)
- Jan 8, 2025 Read twice and referred to the Committee on Homeland Security and Governmental Affairs. · senate
- Jan 8, 2025 Introduced in Senate
More bills on these subjects (8)
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Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Full text
IN THE SENATE OF THE UNITED STATES
January 8, 2025
Mr. Schmitt (for himself and Mr. Scott of Florida) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
A BILL
To require each agency to repeal 3 existing regulations before issuing a new regulation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Expediting Reform And Stopping Excess Regulations Act” or the “ERASER Act”.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency; rule.—The terms “agency” and “rule” have the meanings given those terms in section 551 of title 5, United States Code.
(2) Major rule.—The term “major rule” has the meaning given the term in section 804 of title 5, United States Code.
(3) State.—The term “State” means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian tribe.
SEC. 3. REPEAL OF REGULATIONS REQUIRED BEFORE ISSUANCE OF A NEW RULE.
(a) Requirement for Rule.—An agency may not issue a rule unless the agency has repealed 3 or more rules described in subsection (c) that, to the extent practicable, are related to the rule.
(b) Requirement for Major Rule.—
(1) Repeal required.—An agency may not issue a major rule unless—
(A) the agency has repealed 3 or more rules described in subsection (c) that, to the extent practicable, are related to the major rule; and
(B) the cost of the new major rule is less than or equal to the cost of the rules repealed.
(2) Certified cost.—For any rule issued in accordance with paragraph (1), the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget shall certify that the cost of the new major rule is equal to or less than the cost of the rules repealed.
(c) Repealed Rules Described.—A rule described in this subsection—
(1) does not include an interpretative rule, general statement of policy, or rule of agency organization, procedure, or practice; and
(2) was issued through the notice and comment rulemaking process under section 553 of title 5, United States Code.
(d) Publication Required.—Any rule repealed under subsection (a) or (b) shall be published in the Federal Register.
(e) Applicability.—This section—
(1) applies to any rule or major rule that imposes a cost or responsibility on a nongovernmental person or a State or local government; and
(2) shall not apply to any rule or major rule that relates to the management, organization, or personnel of an agency or procurement by the agency.
SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES.
Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Comptroller General of the United States shall conduct a study and submit to Congress a report that includes, as of the date on which the report is submitted—
(1) the number of rules that are in effect;
(2) the number of major rules that are in effect; and
(3) the total estimated economic cost imposed by the rules described in paragraphs (1) and (2). <all>
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