[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the agency has repealed 3 or more rules described in subsection (c)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(A) the agency has repealed 3 or more rules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equal to the cost of the rules repealed.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or less than the cost of the rules repealed.
(c) Repealed Rules Described.--A rule described in this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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