S. 1419 – ERASER Act | Legislate.dev

AI-Generated Summary

Updated January 20, 2026 at 7:04 AM UTC

The ERASER Act aims to curb regulatory growth by requiring federal agencies to repeal three existing regulations before they can issue a new one. For major rules, the new rule’s cost must not exceed the combined cost of the repealed rules, and the Office of Information and Regulatory Affairs must certify this. The rule applies to regulations that impose costs on individuals, states, or local governments, but not to internal agency management rules. It also mandates periodic GAO studies on the number and economic impact of federal rules.

Key Provisions

Agencies may not issue a new rule unless they first repeal at least three existing rules that are reasonably related to the new rule.
For major rules, agencies must also show that the new rule’s cost is less than or equal to the cost of the repealed rules, with certification from OIRA.
Only substantive rules issued through notice‑and‑comment are counted; interpretive, policy statements, or internal agency rules are excluded.
Any repealed rule must be published in the Federal Register.
The requirement applies only to rules that impose a cost or responsibility on non‑government persons, states, or local governments, not to agency management or procurement rules.
The Government Accountability Office must conduct a study every five years reporting the number and total estimated economic cost of all rules and major rules in effect.

Legislative Activity

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1 earlier action

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text: CR S1507)

Homeland Security and Governmental Affairs Committee

May 3, 2023

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SenateIntro Referral

Introduced in Senate

May 3, 2023

SenateIntro Referral

Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text: CR S1507)

Homeland Security and Governmental Affairs Committee

May 3, 2023

Floor Debate

2 members

What members said about S. 1419 on the floor

1 Republican1 Democrat

Sen. Eric SchmittR-MO · May 3, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Sen. Richard J. DurbinD-IL · May 3, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Sen. Eric SchmittR-MO · May 3, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Introduced in SenateIssued May 3, 2023

II

118th CONGRESS

1st Session

S. 1419

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.

1.

Short title

This Act may be cited as the Expediting Reform And Stopping Excess Regulations Act or the ERASER Act.

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.

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.

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).