One In, Two Out Act
Bill: H.R.3204 | Sponsor: Rep. McCaul, Michael T. (R-TX)
Policy area: Government Operations and Politics

Summary:
One In, Two Out Act
This bill requires federal agencies to repeal certain existing rules prior to issuing a new rule.
Specifically, the bill prohibits an agency from issuing a rule that imposes a cost or responsibility on a nongovernmental person or a state or local government unless it repeals two or more related rules. Additionally, an agency may not issue a major rule that imposes such a cost or responsibility unless (1) the agency has repealed or revised two or more related rules, and (2) the cost of the new rule is less than or equal to the cost of the rules being repealed or revised. (Generally, a major rule is one likely to result in an annual economic impact of $100 million or more, a major increase in costs, or significant adverse effects on competition or investment.)
Any such repealed or revised rule must be published in the Federal Register.
This bill does not apply to a rule or major rule that (1) relates to an internal agency policy, (2) procurement by the agency, or (3) is being revised to be less burdensome by decreasing requirements imposed or compliance costs.

To require each agency to repeal two 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 ``One In, Two Out Act''.

SEC. 2. REPEAL OF REGULATIONS REQUIRED BEFORE ISSUANCE OF A NEW RULE.

            (1) Requirement for rule.--An agency may not issue a rule 
        unless such agency has repealed two or more rules described in 
        paragraph (4) that, to the extent practicable, are related to 
        the rule.
            (2) Requirement for major rule.--
                    (A) Repeal required.--An agency may not issue a 
                major rule unless--
                            (i) such agency has repealed two or more 
                        rules described in paragraph (4) that, to the 
                        extent practicable, are related to the major 
                        rule; and
                            (ii) the cost of the new major rule is less 
                        than or equal to the cost of the rules 
                        repealed.
                    (B) Certified cost.--For any rule issued in 
                accordance with subparagraph (A), the Administrator of 
                the Office of Information and Regulatory Affairs of the 
                Office of Management and Budget must have certified 
                that the cost of the new major rule is equal to or less 
                that the cost of the rules repealed.
            (3) Publication required.--Any rule repealed under 
        paragraph (1) or (2) shall be published in the Federal 
        Register.
            (4) Applicability.--This section--
                    (A) applies to any rule or major rule that imposes 
                a cost or responsibility on a nongovernmental person or 
                a State or local government; and
                    (B) shall not apply to any rule or major rule--
                            (i) that relates to the internal policy or 
                        practice of an agency or procurement by the 
                        agency; or
                            (ii) that is being revised to be less 
                        burdensome to decrease requirements imposed by 
                        the rule or cost of compliance.
            (5) Definitions.--In this section:
                    (A) Agency.--The term ``agency'' has the meaning 
                given that term in section 551 of title 5, United 
                States Code.
                    (B) Major rule.--The term ``major rule'' has the 
                meaning given that term in section 804 of title 5, 
                United States Code.
                    (C) Rule.--The term ``rule'' has the meaning given 
                that term in section 551 of title 5, United States 
                Code.
                    (D) 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.
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