II 

114TH CONGRESS 

1ST SESSION S. 1944 

To require each agency to repeal or amend 1 or more rules before issuing 

or amending a rule. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 5, 2015 

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 1 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 2015’’ or the ‘‘RED Tape Act of 2015’’. 

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 that 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 that term in 

11 section 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4 (i) the agency has repealed 1 or more 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8 the covered rules repealed under clause (i), 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14 (i) the agency has repealed or amend15 ed 1 or more existing covered rules of the 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) PENALTY FOR FAILURE TO REPEAL OR

23 AMEND RULES.—During the period beginning on the 

24 date of failure to comply by an agency with para25 graph (1) in issuing a covered rule, and ending on 

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1 the date on which the agency complies with para2 graph (1) with respect to that covered rule, no statu3 tory pay adjustment (as defined in section 147(b) of 

4 the Continuing Appropriations Act, 2011 (5 U.S.C. 

5 5303 note)) shall take effect with respect to any em6 ployee of the agency. 

7 (3) APPLICATION.—Paragraph (1) shall not 

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

9 that— 

10 (A) relates to the internal policy or prac11 tice of the agency or procurement by the agen12 cy; or 

13 (B) is being revised to be less burdensome 

14 to decrease requirements imposed by the cov15 ered rule or the cost of compliance with the cov16 ered rule. 

17 (c) CONSIDERATIONS FOR REPEALING RULES.—In 

18 determining whether to repeal a covered rule under sub19 paragraph (A)(i) or (B)(i) of subsection (b)(1), the head 

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

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

22 been ineffective in achieving, the original purpose of 

23 the covered rule; 

24 (2) any adverse effects that could materialize if 

25 the covered rule is repealed, in particular if those 

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1 adverse effects are the reason the covered rule was 

2 originally issued; 

3 (3) whether the costs of the covered rule out4 weigh any benefits of the covered rule to the United 

5 States; 

6 (4) whether the covered rule has become obso7 lete due to changes in technology, economic condi8 tions, market practices, or any other factors; and 

9 (5) whether the covered rule overlaps with a 

10 covered rule to be issued by the agency. 

11 (d) PUBLICATION OF COVERED RULES IN UNIFIED

12 AGENDA.— 

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

14 semiannual basis, submit jointly and without delay 

15 to the Office of Information and Regulatory Affairs 

16 for publication in the Unified Agenda a list con17 taining— 

18 (A) each covered rule that the agency in19 tends to issue during the 6-month period fol20 lowing the date of submission; 

21 (B) each covered rule that the agency in22 tends to repeal or amend in accordance with 

23 subsection (b) during the 6-month period fol24 lowing the date of submission; and 

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1 (C) the cost of each covered rule described 

2 in subparagraphs (A) and (B). 

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

4 covered rule unless the agency complies with the re5 quirements under paragraph (1). 

Æ 

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