[Congressional Record Volume 169, Number 75 (Wednesday, May 3, 2023)]
[Senate]
[Page S1507]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SCHMITT (for himself, Mr. Braun, Mrs. Britt, Mr. Hawley, 
        and Mr. Scott of Florida):
  S. 1419. A bill to require each agency to repeal 3 existing 
regulations before issuing a new regulation, and for other purposes; to 
the Committee on Homeland Security and Governmental Affairs.
  Mr. SCHMITT. Madam President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1419

       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     unless the agency has repealed 3 or more rules described in 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       (A) the agency has repealed 3 or more rules described in 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     the cost of the rules repealed.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 rule making 
     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).
                                 ______