I 

117TH CONGRESS 

1ST SESSION H. R. 3204 

To require each agency to repeal two existing regulations before issuing 

a new regulation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 13, 2021 

Mr. MCCAUL (for himself and Mr. ROY) introduced the following bill; which 

was referred to the Committee on Oversight and Reform, and in addition 

to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To require each agency to repeal two 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 ‘‘One In, Two Out Act’’. 

5 SEC. 2. REPEAL OF REGULATIONS REQUIRED BEFORE 

6 ISSUANCE OF A NEW RULE. 

7 (1) REQUIREMENT FOR RULE.—An agency may 

8 not issue a rule unless such agency has repealed two 


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1 or more rules described in paragraph (4) that, to the 

2 extent practicable, are related to the rule. 

3 (2) REQUIREMENT FOR MAJOR RULE.— 

4 (A) REPEAL REQUIRED.—An agency may 

5 not issue a major rule unless— 

6 (i) such agency has repealed two or 

7 more rules described in paragraph (4) 

8 that, to the extent practicable, are related 

9 to the major rule; and 

10 (ii) the cost of the new major rule is 

11 less than or equal to the cost of the rules 

12 repealed. 

13 (B) CERTIFIED COST.—For any rule 

14 issued in accordance with subparagraph (A), 

15 the Administrator of the Office of Information 

16 and Regulatory Affairs of the Office of Manage17 ment and Budget must have certified that the 

18 cost of the new major rule is equal to or less 

19 that the cost of the rules repealed. 

20 (3) PUBLICATION REQUIRED.—Any rule re21 pealed under paragraph (1) or (2) shall be published 

22 in the Federal Register. 

23 (4) APPLICABILITY.—This section— 

24 (A) applies to any rule or major rule that 

25 imposes a cost or responsibility on a nongovernVerDate Sep 11 2014 23:10 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3204.IH H3204

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1 mental person or a State or local government; 

2 and 

3 (B) shall not apply to any rule or major 

4 rule— 

5 (i) that relates to the internal policy 

6 or practice of an agency or procurement by 

7 the agency; or 

8 (ii) that is being revised to be less 

9 burdensome to decrease requirements im10 posed by the rule or cost of compliance. 

11 (5) DEFINITIONS.—In this section: 

12 (A) AGENCY.—The term ‘‘agency’’ has the 

13 meaning given that term in section 551 of title 

14 5, United States Code. 

15 (B) MAJOR RULE.—The term ‘‘major rule’’ 

16 has the meaning given that term in section 804 

17 of title 5, United States Code. 

18 (C) RULE.—The term ‘‘rule’’ has the 

19 meaning given that term in section 551 of title 

20 5, United States Code. 

21 (D) STATE.—The term ‘‘State’’ means 

22 each of the several States, the District of Co23 lumbia, each territory or possession of the 


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1 United States, and each federally recognized In2 dian tribe. 

Æ 


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