One In, Two Out Act

I 117TH CONGRESS 1ST SESSION H. R. 3204 To require each agency to repeal two existing regulations before issuing a new regulation, and for other purposes. 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 deter- mined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require each agency to repeal two existing regulations before issuing a new regulation, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘One In, Two Out Act’’. 4 SEC. 2. REPEAL OF REGULATIONS REQUIRED BEFORE 5 ISSUANCE OF A NEW RULE. 6 (1) REQUIREMENT FOR RULE.—An agency may 7 not issue a rule unless such agency has repealed two 8 VerDate Sep 11 2014 23:10 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3204.IH H3204 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 3204 IH or more rules described in paragraph (4) that, to the 1 extent practicable, are related to the rule. 2 (2) REQUIREMENT FOR MAJOR RULE.— 3 (A) REPEAL REQUIRED.—An agency may 4 not issue a major rule unless— 5 (i) such agency has repealed two or 6 more rules described in paragraph (4) 7 that, to the extent practicable, are related 8 to the major rule; and 9 (ii) the cost of the new major rule is 10 less than or equal to the cost of the rules 11 repealed. 12 (B) CERTIFIED COST.—For any rule 13 issued in accordance with subparagraph (A), 14 the Administrator of the Office of Information 15 and Regulatory Affairs of the Office of Manage- 16 ment and Budget must have certified that the 17 cost of the new major rule is equal to or less 18 that the cost of the rules repealed. 19 (3) PUBLICATION REQUIRED.—Any rule re- 20 pealed under paragraph (1) or (2) shall be published 21 in the Federal Register. 22 (4) APPLICABILITY.—This section— 23 (A) applies to any rule or major rule that 24 imposes a cost or responsibility on a nongovern- 25 VerDate Sep 11 2014 23:10 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3204.IH H3204 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 3204 IH mental person or a State or local government; 1 and 2 (B) shall not apply to any rule or major 3 rule— 4 (i) that relates to the internal policy 5 or practice of an agency or procurement by 6 the agency; or 7 (ii) that is being revised to be less 8 burdensome to decrease requirements im- 9 posed by the rule or cost of compliance. 10 (5) DEFINITIONS.—In this section: 11 (A) AGENCY.—The term ‘‘agency’’ has the 12 meaning given that term in section 551 of title 13 5, United States Code. 14 (B) MAJOR RULE.—The term ‘‘major rule’’ 15 has the meaning given that term in section 804 16 of title 5, United States Code. 17 (C) RULE.—The term ‘‘rule’’ has the 18 meaning given that term in section 551 of title 19 5, United States Code. 20 (D) STATE.—The term ‘‘State’’ means 21 each of the several States, the District of Co- 22 lumbia, each territory or possession of the 23 VerDate Sep 11 2014 23:10 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3204.IH H3204 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 3204 IH United States, and each federally recognized In- 1 dian tribe. 2 Æ VerDate Sep 11 2014 23:10 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H3204.IH H3204 pamtmann on DSKBC07HB2PROD with BILLS