PolicyBrief
S. 30
119th CongressJan 8th 2025
ERASER Act
IN COMMITTEE

The ERASER Act mandates that federal agencies repeal three existing regulations for every new rule issued, while requiring the GAO to periodically report on the total number and economic impact of federal regulations.

Eric Schmitt
R

Eric Schmitt

Senator

MO

LEGISLATION

ERASER Act Mandates 'Buy One, Delete Three' Rule for Federal Regulations to Cut Bureaucracy.

The ERASER Act introduces a strict 'one-in, three-out' policy for federal agencies. Under this bill, any time an agency wants to pass a new regulation, it must first identify and repeal at least three existing rules. This isn't just about clearing out old paperwork; the bill specifically targets rules that impose costs or duties on private citizens, businesses, and local governments. For the heavy-hitting 'major rules'—those with a massive economic footprint—the bill adds an extra layer of math: the cost of the new rule cannot exceed the combined cost of the three rules being tossed out.

The Regulatory Trade-Off

Think of this like a digital 'one-in, one-out' closet policy, but on steroids. If the Department of Transportation wants to implement a new safety standard for long-haul trucking, they would have to find three other regulations to delete from the books first. While the bill suggests these should be 'related as much as feasible' (Section 3), it opens the door for a bit of a shell game. For a small business owner, this could mean less time spent filling out redundant forms. However, for a consumer, it might mean that in order to get a new protection against modern scams, three older, yet still functional, safety protections have to be sacrificed to meet the quota.

Balancing the Books

For the big-ticket items, the Office of Information and Regulatory Affairs (OIRA) becomes the ultimate accountant. They must certify that a new major rule doesn't cost more than the ones being retired. This is a win for those worried about the 'hidden tax' of regulation driving up the price of everything from groceries to gas. But there's a practical challenge here: accurately pricing the 'cost' of a regulation is notoriously difficult. If an agency lowballs the cost of a new rule or overestimates the savings from an old one to make the math work, the intended economic relief might look better on paper than it does in your bank account.

The Five-Year Checkup

To keep everyone honest, the bill puts the Government Accountability Office (GAO) on a recurring deadline. Every five years, they have to tally up every single rule in effect and estimate the total economic cost to the country (Section 4). It’s basically a massive audit of the federal government’s 'instruction manual.' This provides a level of transparency we haven't really seen before, giving taxpayers a clearer picture of how much the regulatory state actually costs. The real-world impact will depend on whether agencies treat this as a chance to prune truly useless red tape or if they end up cutting corners on important protections just to get new projects off the ground.