ERASER Act

Bill Number

S. 30

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Government Operations and Politics

Status

Introduced

Latest Action

2025-01-08: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Last Updated

2025-07-11T18:06:13Z

AI-Generated Summary

Purpose

The ERASER Act aims to reduce the overall regulatory burden on the U.S. economy and government by requiring federal agencies to repeal multiple existing regulations before issuing new ones. This "one-in-three-out" approach seeks to limit the growth of federal rules, focusing on those that impose costs on private individuals, businesses, or state and local governments.

Key Provisions

• Definitions:
• "Agency" and "rule" refer to standard terms under the Administrative Procedure Act (APA), which governs how federal agencies create regulations.
• A "major rule" is a significant regulation with substantial economic impact, as defined in existing law.
• "State" broadly includes U.S. states, the District of Columbia, territories, possessions, and federally recognized Indian tribes.

• Repeal Requirement for New Rules (Section 3):
• Agencies cannot issue any new rule unless they first repeal at least three existing rules.
• The repealed rules must, where possible, be related to the new rule's subject matter.
• Repealed rules must be substantive regulations created through public notice-and-comment processes (formal steps where the public can review and comment on proposed rules); they exclude interpretive rules, policy statements, or internal agency procedures.
• All repeals must be published in the Federal Register (the official government journal for regulations).

• Stricter Rules for Major Regulations:
• For major rules, agencies must repeal at least three related rules, and the estimated economic cost of the new major rule cannot exceed the combined cost of the repealed rules.
• The Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget must certify that the cost condition is met.

• Scope of Application:
• Applies only to rules that impose costs or responsibilities on non-federal entities (individuals, businesses, or state/local governments).
• Does not apply to rules about internal agency management, organization, personnel, or procurement (government purchasing).

• Government Accountability Office (GAO) Study (Section 4):
• The GAO must conduct a study and report to Congress within one year of enactment, and every five years after, covering:
• The total number of rules in effect.
• The number of major rules in effect.
• The total estimated economic cost of all such rules.

Significant Changes to Existing Law

• Introduces a mandatory repeal quota (three-for-one) before issuing new rules, which is a new constraint not present in current law like the APA or the Congressional Review Act.
• Adds a cost-neutrality requirement specifically for major rules, enforced by OIRA certification, building on but expanding existing regulatory review processes.
• Mandates periodic GAO assessments of the federal regulatory landscape, providing Congress with ongoing data to evaluate regulatory volume and costs—previously, such reviews were not statutorily required at fixed intervals.

Potential Impacts

• On Government Agencies: Agencies will face administrative hurdles in creating new regulations, potentially slowing rulemaking and requiring resources to identify and repeal outdated rules. This could lead to a net reduction in the federal regulatory code over time.
• On Citizens and Businesses: May lower compliance costs and economic burdens from fewer regulations, benefiting small businesses and individuals by streamlining rules in areas like environment, health, or labor. However, it could delay or prevent beneficial new protections if agencies struggle to meet repeal requirements.
• On State and Local Governments: Reduces federal mandates that impose costs on states, tribes, territories, or localities, potentially easing their budgets but limiting federal responses to emerging issues.
• On International Relations: No direct impacts mentioned; the bill focuses on domestic regulations without addressing trade, foreign policy, or international agreements.

Main Stakeholders Affected

• Federal Agencies: Primary implementers, such as the Environmental Protection Agency (EPA) or Department of Labor, which must balance new rules against repeals.
• Businesses and Industries: Likely beneficiaries of deregulation, especially those in heavily regulated sectors like energy, manufacturing, or finance.
• State, Local Governments, and Tribes: Affected by rules imposing costs; the bill protects them from new burdens without offsets.
• Citizens and Advocacy Groups: Consumers, environmentalists, or workers' rights organizations may see reduced protections if repeals target beneficial rules.
• Congress and Oversight Bodies: Gains tools like GAO reports for monitoring regulations.

Notable Legal, Constitutional, or Political Implications

• Legal: Builds on the APA by adding procedural barriers to rulemaking, which could invite court challenges if viewed as unconstitutionally limiting Congress's delegation of authority to agencies. The cost certification by OIRA strengthens executive oversight but may raise questions about judicial review of repeal decisions.
• Constitutional: Aligns with separation of powers by enhancing congressional and executive checks on agency actions, but could be argued to infringe on agencies' ability to fulfill statutory mandates from Congress.
• Political: Represents a deregulatory philosophy, potentially shifting policy debates toward cost-benefit analysis and reducing the administrative state. It may polarize views, with supporters seeing it as efficiency-driven and critics as an obstacle to addressing modern challenges like climate change or public health.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Schmitt, Eric [R-MO]

Cosponsors (2)

Sen. Scott, Rick [R-FL], Sen. Hawley, Josh [R-MO]

Recent Actions

• 2025-01-08: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
• 2025-01-08: Introduced in Senate

Bill Versions

• Expediting Reform And Stopping Excess Regulations Act — issued 2025-01-08 — PDF (4 pages)