ERASER Act

The ERASER Act would require federal agencies to repeal at least three existing rules before they may issue any new rule. For major rules—defined by the existing law as rules with substantial economic impact—the repeal requirement is stricter: the three repealed rules must be related to the new major rule to the extent practicable, and the cost of the new major rule must be less than or equal to the cost of the repealed rules. The Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) would certify the cost relationship. Repealed rules must have progressed through the standard notice-and-comment rulemaking process (not including interpretive rules, general statements of policy, or internal organizational/procedural rules) and must be published in the Federal Register. The measure applies to rules that impose costs on non-governmental entities or state/local governments and excludes rules related to agency management, organization, personnel, or procurement. Additionally, the bill creates a Government Accountability Office (GAO) study to track the number of rules in effect, the number of major rules, and their total economic costs, with reporting requirements starting one year after enactment and every five years thereafter.