II
119THCONGRESS
1
STSESSION S. 30
To require each agency to repeal 3 existing regulations before issuing a
new regulation, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JANUARY8, 2025
Mr. S
CHMITT(for himself and Mr. SCOTTof 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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Expediting Reform 4
And Stopping Excess Regulations Act’’ or the ‘‘ERASER 5
Act’’. 6
SEC. 2. DEFINITIONS. 7
In this Act: 8
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•S 30 IS
(1) AGENCY; RULE.—The terms ‘‘agency’’ and 1
‘‘rule’’ have the meanings given those terms in sec-2
tion 551 of title 5, United States Code. 3
(2) M
AJOR RULE.—The term ‘‘major rule’’ has 4
the meaning given the term in section 804 of title 5
5, United States Code. 6
(3) S
TATE.—The term ‘‘State’’ means each of 7
the several States, the District of Columbia, each 8
territory or possession of the United States, and 9
each federally recognized Indian tribe. 10
SEC. 3. REPEAL OF REGULATIONS REQUIRED BEFORE 11
ISSUANCE OF A NEW RULE. 12
(a) R
EQUIREMENT FOR RULE.—An agency may not 13
issue a rule unless the agency has repealed 3 or more rules 14
described in subsection (c) that, to the extent practicable, 15
are related to the rule. 16
(b) R
EQUIREMENT FOR MAJORRULE.— 17
(1) R
EPEAL REQUIRED.—An agency may not 18
issue a major rule unless— 19
(A) the agency has repealed 3 or more 20
rules described in subsection (c) that, to the ex-21
tent practicable, are related to the major rule; 22
and 23
(B) the cost of the new major rule is less 24
than or equal to the cost of the rules repealed. 25
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(2) CERTIFIED COST.—For any rule issued in 1
accordance with paragraph (1), the Administrator of 2
the Office of Information and Regulatory Affairs of 3
the Office of Management and Budget shall certify 4
that the cost of the new major rule is equal to or 5
less than the cost of the rules repealed. 6
(c) R
EPEALEDRULESDESCRIBED.—A rule de-7
scribed in this subsection— 8
(1) does not include an interpretative rule, gen-9
eral statement of policy, or rule of agency organiza-10
tion, procedure, or practice; and 11
(2) was issued through the notice and comment 12
rulemaking process under section 553 of title 5, 13
United States Code. 14
(d) P
UBLICATIONREQUIRED.—Any rule repealed 15
under subsection (a) or (b) shall be published in the Fed-16
eral Register. 17
(e) A
PPLICABILITY.—This section— 18
(1) applies to any rule or major rule that im-19
poses a cost or responsibility on a nongovernmental 20
person or a State or local government; and 21
(2) shall not apply to any rule or major rule 22
that relates to the management, organization, or 23
personnel of an agency or procurement by the agen-24
cy. 25
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SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF 1
RULES. 2
Not later than 1 year after the date of enactment 3
of this Act, and every 5 years thereafter, the Comptroller 4
General of the United States shall conduct a study and 5
submit to Congress a report that includes, as of the date 6
on which the report is submitted— 7
(1) the number of rules that are in effect; 8
(2) the number of major rules that are in ef-9
fect; and 10
(3) the total estimated economic cost imposed 11
by the rules described in paragraphs (1) and (2). 12
Æ
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