May 31, 2023

WASHINGTON, D.C., May 31, 2023 – Senator Katie Britt (R-Ala.) recently joined U.S. Senator Eric Schmitt (R-Mo.) in introducing the Expediting Reform and Stopping Excess Regulations Act, or ERASER Act, to rein in the administrative state and protect Alabamians and Americans from overbearing federal regulations.

“Time and time again, when I meet with Alabamians one of their top concerns is the sheer number of burdensome regulations that the Biden Administration continues to churn out without congressional approval, all for the sake of increasing governmental control and power. These needless restrictions are hamstringing hardworking Americans and making their lives harder, not easier, at a time when the nation is facing persistently high inflation and economic uncertainty,” said Senator Britt. “It’s clear that Alabamians and Americans know best how to manage our own households, businesses, and properties, and slashing regulatory red tape will ensure that bureaucratic overreach is kept in check so families can thrive and achieve their American Dream.”

“The administrative state is comprised of thousands of unelected bureaucrats at alphabet agencies that have immense power over the lives of Missourians and Americans. To reduce the burden on Missourians and Americans and to claw that power away from unelected bureaucrats, I introduced the ERASER Act to ensure that burdensome and outdated regulations are repealed before any new regulations are put forward,” stated Senator Eric Schmitt. “This is an important step in reducing the regulatory burden on Missourians and Americans and affecting much needed structural reform. I will continue to fight to get government off of the backs of Missourians and Americans, and ensure that power is returned to where it belongs: the people.” 


  • The ERASER Act provides the framework to ensure government bureaucrats think more critically about new rules and regulations.
    • The bill would require administrative agencies that issue a new regulation to repeal three existing regulations before the new regulation takes effect.
  • This bill builds upon the Trump administration executive order issued in 2017 (E.O. 13771) that required agencies to remove two regulations when issuing a new one.
    • By 2019, these efforts saved small businesses $733 million in regulation costs.
    • One of President Biden’s first actions was to repeal this policy.

Specifically, the ERASER Act:

  • Prohibits agencies from issuing a major rule unless the agency has repealed three (3) or more rules AND the cost of the new major rule is less than or equal to the cost of the rules repealed, as certified by the Office of Information and Regulatory Affairs.
  • Major rules include any rules that (a) cost $100 million or more, (b) cause a major increase in costs or prices for consumers or individual industries, or (c) have a significant adverse effect on competition, employment, investment, or innovation of US businesses.
  • Provides very limited exceptions for internal governance of an agency and for rules that would make the requirements less burdensome.
  • Requires GAO to conduct a study on all rules currently in effect as of the date of the bill’s enactment.

Joining Senators Britt and Schmitt in cosponsoring the ERASER Act are Senators Josh Hawley (R-Mo.), Sen. Mike Braun (R-Ind.), and Sen. Rick Scott (R-Fla.).

The ERASER Act is endorsed by Heritage Action, Competitive Enterprise Institute, and the Foundation for Government Accountability. 

The full text of the legislation can be viewed here.