ERASER Act

Subjects: Government Operations and Politics


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1419 Introduced in Senate (IS)]

&lt;DOC&gt;






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.

    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the agency has repealed 3 or more rules described in subsection (c) 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                    (A) the agency has repealed 3 or more rules 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 section--
            (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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