ERASER Act
Sponsored By: Senator Schmitt, Eric [R-MO]
Introduced
Summary
Would require agencies to repeal three existing rules before issuing most new regulations. It would also limit major rules by making sure their costs do not exceed the cost of the rules they replace and it tasks OIRA and the GAO with added checks and reports.
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- Federal agencies would have to identify and repeal at least three related rules before issuing a new rule and publish any repeals in the Federal Register.
- For "major rules"—defined as rules likely to have an annual effect of $100 million or more—agencies would also need to ensure the new rule's cost is less than or equal to the repealed rules and obtain certification from the Office of Information and Regulatory Affairs (OIRA).
- The restriction covers rules that impose costs or duties on businesses, individuals, State governments, or local governments, which could reduce the pace or scope of new regulatory requirements affecting those groups.
- The Government Accountability Office must report within one year and then every five years on the number of rules and major rules in effect and the total estimated economic cost they impose.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 0 benefits, 0 costs, 1 mixed.
Agencies must repeal rules before issuing new
This bill would bar federal agencies from issuing a new rule unless they first repeal at least three earlier related rules. For major rules, agencies would also need the new rule's cost to be no more than the costs of the repealed rules. The OIRA Administrator would have to certify that cost comparison for major rules. Any rule repealed this way would have to be published in the Federal Register. The repeal-before-issuance limits would apply only to rules that impose costs or responsibilities on nongovernmental persons or State and local governments. The limits would not apply to agency management, personnel, organization, or procurement rules. Only rules made through notice-and-comment could count as repealed; interpretative rules, policy statements, and rules of agency organization, procedure, or practice could not count. The Comptroller General would study and report to Congress within one year of enactment and then every five years on how many rules exist, how many major rules exist, and the rules' total estimated economic cost.
Sponsors & CoSponsors
Sponsor
Schmitt, Eric [R-MO]
MO • R
Cosponsors
Sen. Scott, Rick [R-FL]
FL • R
Sponsored 1/8/2025
Sen. Hawley, Josh [R-MO]
MO • R
Sponsored 1/16/2025
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov