H. R. 3204
IN THE HOUSE OF REPRESENTATIVES
May 13, 2021
Mr. McCaul (for himself and Mr. Roy) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To require each agency to repeal two existing regulations before issuing a new regulation, and for other purposes.
This Act may be cited as the
One In, Two Out Act.
Repeal of regulations required before issuance of a new rule
Requirement for rule
An agency may not issue a rule unless such agency has repealed two or more rules described in paragraph (4) that, to the extent practicable, are related to the rule.
Requirement for major rule
An agency may not issue a major rule unless—
such agency has repealed two or more rules described in paragraph (4) that, to the extent practicable, are related to the major rule; and
the cost of the new major rule is less than or equal to the cost of the rules repealed.
For any rule issued in accordance with subparagraph (A), the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget must have certified that the cost of the new major rule is equal to or less that the cost of the rules repealed.
Any rule repealed under paragraph (1) or (2) shall be published in the Federal Register.
applies to any rule or major rule that imposes a cost or responsibility on a nongovernmental person or a State or local government; and
shall not apply to any rule or major rule—
that relates to the internal policy or practice of an agency or procurement by the agency; or
that is being revised to be less burdensome to decrease requirements imposed by the rule or cost of compliance.
In this section:
The term agency has the meaning given that term in section 551 of title 5, United States Code.
The term major rule has the meaning given that term in section 804 of title 5, United States Code.
The term rule has the meaning given that term in section 551 of title 5, United States Code.
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.