119-s30

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 30 Introduced in Senate

    (IS) ]

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119th CONGRESS
 1st Session
 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

 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the agency has repealed 3 or more rules described in subsection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        (A) the agency has repealed 3 or more rules 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 equal to the cost of the rules repealed.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) .
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