Zero Based Regulations Act

This bill would force federal agencies to clean up and re-check their rules on a set schedule, with about 20% of each agency’s rules up for review every year. Before each review, the agency must repeal the rule, study whether it still works and is worth the cost, and then, if needed, write a new version. Any replacement rule must include at least two public hearings, be posted online with the agency’s analysis, and cost no more than 70% of the old rule’s estimated cost. Review dates must be posted publicly, including on the Code of Federal Regulations website. Each agency must name a coordinator to run this process. The Office of Information and Regulatory Affairs (OIRA) sets the review schedule and creates standard forms and methods for the analyses.

For a limited time—from enactment through the end of that fiscal year—agencies generally can’t issue new rules unless the action reduces burdens, removes outdated rules, follows a new law or court order, or addresses a well-documented threat. During that period, at least one existing rule must be repealed or simplified for every new or changed rule so that overall burden goes down, with narrow exceptions. Agencies must hold at least one public hearing and post a cost-benefit analysis using an OIRA form. Some emergency and presidential waivers apply, and new parts must be reviewed again within five years. All proposed changes to the same rule must be grouped in one public docket.

Key points

• Who is affected: All federal agencies; the public gains more chances to comment and see analyses.
• What changes: Rolling repeal-and-rewrite of existing rules; stricter limits and transparency for new rules; cost caps on replacements; online posting of review dates and analyses.
• When: Starts on enactment; the tighter limits on new rules last until the end of that fiscal year; ongoing reviews continue on an annual schedule set by OIRA.