On January 8, 2025, Senator Eric Schmitt (R-MO) introduced a groundbreaking piece of legislation aimed at fundamentally restructuring the balance of regulatory authority in the federal government. The bill, titled "A bill to require each agency to repeal 3 existing regulations before issuing a new regulation, and for other purposes," has captured national attention for its bold stance on curtailing the power of federal agencies. Though the full text of the legislation has yet to be released, the intent and implications of the bill align closely with the vision articulated in Project 2025, a conservative initiative focused on restoring constitutional governance and reining in the administrative state.
Core Provisions of the Bill
As described, the legislation mandates that any federal agency proposing a new regulation must first repeal three existing regulations. This "one-in, three-out" approach builds on a regulatory philosophy popularized during the Trump administration, which sought to reduce bureaucratic red tape and streamline federal governance. By requiring agencies to offset new regulations with multiple repeals, the bill aims to reduce regulatory burdens on businesses and individuals while ensuring that agency actions remain closely tied to their core missions.
Alignment with Project 2025
The introduction of this bill is closely aligned with Project 2025, a strategic plan developed by conservative policymakers and think tanks to reshape the federal government. Central to Project 2025 is the idea of reducing the influence of unelected bureaucrats and returning regulatory authority to elected representatives in Congress. This principle reflects a broader commitment to constitutional governance, where the separation of powers ensures that legislative authority remains vested in the legislative branch.
Under current law, federal agencies wield significant power to create and enforce regulations, often with minimal oversight from Congress. Critics argue that this dynamic has led to an unaccountable administrative state, where agencies can effectively legislate through rulemaking. By instituting a requirement for agencies to repeal regulations before issuing new ones, Senator Schmitt's bill directly addresses these concerns. It seeks to limit the proliferation of regulations and restore a measure of accountability by constraining agency power.
Implications for Governance
If enacted, this legislation could have far-reaching implications for how federal agencies operate. Supporters argue that it would:
Reduce Regulatory Overreach: By forcing agencies to repeal existing regulations, the bill would encourage careful consideration of the necessity and impact of new rules.
Promote Accountability: With fewer regulations, agencies would face increased scrutiny over their actions, potentially leading to more transparent governance.
Stimulate Economic Growth: By cutting red tape, the bill could reduce compliance costs for businesses, fostering innovation and economic development.
Strengthen Congressional Authority: By limiting the rulemaking power of agencies, the bill reinforces the constitutional role of Congress as the primary lawmaking body.
Political and Public Response
The bill has already garnered significant attention from both supporters and critics. Proponents view it as a necessary step to rein in an overly expansive administrative state, while opponents argue that it could lead to the elimination of vital regulations that protect public health, safety, and the environment. The debate is likely to intensify as the bill progresses through the legislative process.
Conclusion
Senator Schmitt's introduction of this "one-in, three-out" regulatory bill marks a significant milestone in the ongoing effort to recalibrate the balance of power between federal agencies and Congress. By aligning with the principles of Project 2025, the legislation underscores a broader conservative vision for a more accountable and constitutionally grounded federal government. As the Senate and the public await the full text of the bill, the conversation surrounding the role of regulation in American governance is set to take center stage in 2025.