II 

116TH CONGRESS 

1ST SESSION S. 441 

To require each agency to repeal or amend 2 or more rules before issuing 

or amending a rule. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 12, 2019 

Mr. SULLIVAN introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To require each agency to repeal or amend 2 or more rules 

before issuing or amending a rule. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Regulations Endanger 

5 Democracy Act of 2019’’ or the ‘‘RED Tape Act of 2019’’. 

6 SEC. 2. REPEAL OF RULES REQUIRED BEFORE ISSUING OR 

7 AMENDING RULE. 

8 (a) DEFINITIONS.—In this section— 


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1 (1) the term ‘‘agency’’ has the meaning given 

2 the term in section 551 of title 5, United States 

3 Code; 

4 (2) the term ‘‘covered rule’’ means a rule of an 

5 agency that causes a new financial or administrative 

6 burden on businesses in the United States or on the 

7 people of the United States, as determined by the 

8 head of the agency; 

9 (3) the term ‘‘rule’’— 

10 (A) has the meaning given the term in sec11 tion 551 of title 5, United States Code; and 

12 (B) includes— 

13 (i) any rule issued by an agency pur14 suant to an Executive order or Presidential 

15 memorandum; and 

16 (ii) any rule issued by an agency due 

17 to the issuance of a memorandum, guid18 ance document, bulletin, or press release 

19 issued by an agency; and 

20 (4) the term ‘‘Unified Agenda’’ means the Uni21 fied Agenda of Federal Regulatory and Deregulatory 

22 Actions. 

23 (b) PROHIBITION ON ISSUANCE OF CERTAIN

24 RULES.— 

25 (1) IN GENERAL.—An agency may not— 


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1 (A) issue a covered rule that does not 

2 amend or modify an existing rule of the agency, 

3 unless— 

4 (i) the agency has repealed 2 or more 

5 existing covered rules of the agency; and 

6 (ii) the cost of the covered rule to be 

7 issued is less than or equal to the cost of 

8 the covered rules repealed under clause (i), 

9 as determined and certified by the head of 

10 the agency; or 

11 (B) issue a covered rule that amends or 

12 modifies an existing rule of the agency, un13 less— 

14 (i) the agency has repealed or amend15 ed 2 or more existing covered rules of the 

16 agency; and 

17 (ii) the cost of the covered rule to be 

18 issued is less than or equal to the cost of 

19 the covered rules repealed or amended 

20 under clause (i), as determined and cer21 tified by the head of the agency. 

22 (2) APPLICATION.—Paragraph (1) shall not 

23 apply to the issuance of a covered rule by an agency 

24 that— 


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1 (A) relates to the internal policy or prac2 tice of the agency or procurement by the agen3 cy; or 

4 (B) is being revised to be less burdensome 

5 to decrease requirements imposed by the cov6 ered rule or the cost of compliance with the cov7 ered rule. 

8 (c) CONSIDERATIONS FOR REPEALING RULES.—In 

9 determining whether to repeal a covered rule under sub10 paragraph (A)(i) or (B)(i) of subsection (b)(1), the head 

11 of the agency that issued the covered rule shall consider— 

12 (1) whether the covered rule achieved, or has 

13 been ineffective in achieving, the original purpose of 

14 the covered rule; 

15 (2) any adverse effects that could materialize if 

16 the covered rule is repealed, in particular if those 

17 adverse effects are the reason the covered rule was 

18 originally issued; 

19 (3) whether the costs of the covered rule out20 weigh any benefits of the covered rule to the United 

21 States; 

22 (4) whether the covered rule has become obso23 lete due to changes in technology, economic condi24 tions, market practices, or any other factors; and 


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1 (5) whether the covered rule overlaps with a 

2 covered rule to be issued by the agency. 

3 (d) PUBLICATION OF COVERED RULES IN UNIFIED

4 AGENDA.— 

5 (1) REQUIREMENTS.—Each agency shall, on a 

6 semiannual basis, submit jointly and without delay 

7 to the Office of Information and Regulatory Affairs 

8 for publication in the Unified Agenda a list con9 taining— 

10 (A) each covered rule that the agency in11 tends to issue during the 6-month period fol12 lowing the date of submission; 

13 (B) each covered rule that the agency in14 tends to repeal or amend in accordance with 

15 subsection (b) during the 6-month period fol16 lowing the date of submission; and 

17 (C) the cost of each covered rule described 

18 in subparagraphs (A) and (B). 

19 (2) PROHIBITION.—An agency may not issue a 

20 covered rule unless the agency complies with the re21 quirements under paragraph (1). 

Æ 


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