II 

118TH CONGRESS 

1ST SESSION S. 1419 

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 

MAY 3, 2023 

Mr. SCHMITT (for himself, Mr. BRAUN, Mrs. BRITT, Mr. HAWLEY, 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Expediting Reform 

5 And Stopping Excess Regulations Act’’ or the ‘‘ERASER 

6 Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


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•S 1419 IS

1 (1) AGENCY; RULE.—The terms ‘‘agency’’ and 

2 ‘‘rule’’ have the meanings given those terms in sec3 tion 551 of title 5, United States Code. 

4 (2) MAJOR RULE.—The term ‘‘major rule’’ has 

5 the meaning given the term in section 804 of title 

6 5, United States Code. 

7 (3) STATE.—The term ‘‘State’’ means each of 

8 the several States, the District of Columbia, each 

9 territory or possession of the United States, and 

10 each federally recognized Indian tribe. 

11 SEC. 3. REPEAL OF REGULATIONS REQUIRED BEFORE 

12 ISSUANCE OF A NEW RULE. 

13 (a) REQUIREMENT FOR RULE.—An agency may not 

14 issue a rule unless the agency has repealed 3 or more rules 

15 described in subsection (c) that, to the extent practicable, 

16 are related to the rule. 

17 (b) REQUIREMENT FOR MAJOR RULE.— 

18 (1) REPEAL REQUIRED.—An agency may not 

19 issue a major rule unless— 

20 (A) the agency has repealed 3 or more 

21 rules described in subsection (c) that, to the ex22 tent practicable, are related to the major rule; 

23 and 

24 (B) the cost of the new major rule is less 

25 than or equal to the cost of the rules repealed. 


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•S 1419 IS

1 (2) CERTIFIED COST.—For any rule issued in 

2 accordance with paragraph (1), the Administrator of 

3 the Office of Information and Regulatory Affairs of 

4 the Office of Management and Budget shall certify 

5 that the cost of the new major rule is equal to or 

6 less than the cost of the rules repealed. 

7 (c) REPEALED RULES DESCRIBED.—A rule de8 scribed in this section— 

9 (1) does not include an interpretative rule, gen10 eral statement of policy, or rule of agency organiza11 tion, procedure, or practice; and 

12 (2) was issued through the notice and comment 

13 rulemaking process under section 553 of title 5, 

14 United States Code. 

15 (d) PUBLICATION REQUIRED.—Any rule repealed 

16 under subsection (a) or (b) shall be published in the Fed17 eral Register. 

18 (e) APPLICABILITY.—This section— 

19 (1) applies to any rule or major rule that im20 poses a cost or responsibility on a nongovernmental 

21 person or a State or local government; and 

22 (2) shall not apply to any rule or major rule 

23 that relates to the management, organization, or 

24 personnel of an agency or procurement by the agen25 cy. 


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•S 1419 IS

1 SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF 

2 RULES. 

3 Not later than 1 year after the date of enactment 

4 of this Act, and every 5 years thereafter, the Comptroller 

5 General of the United States shall conduct a study and 

6 submit to Congress a report that includes, as of the date 

7 on which the report is submitted— 

8 (1) the number of rules that are in effect; 

9 (2) the number of major rules that are in ef10 fect; and 

11 (3) the total estimated economic cost imposed 

12 by the rules described in paragraphs (1) and (2). 

Æ 


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