RED Tape Act of 2015

To require each agency to repeal or amend 1 or more rules before issuing or amending a rule. 1. Short title This Act may be cited as the Regulations Endanger Democracy Act of 2015 RED Tape Act of 2015 2. Repeal of rules required before issuing or amending rule (a) Definitions In this section— (1) the term agency (2) the term covered rule (3) the term rule (A) has the meaning given that term in section 551 of title 5, United States Code; and (B) includes— (i) any rule issued by an agency pursuant to an Executive order or Presidential memorandum; and (ii) any rule issued by an agency due to the issuance of a memorandum, guidance document, bulletin, or press release issued by an agency; and (4) the term Unified Agenda (b) Prohibition on issuance of certain rules (1) In general An agency may not— (A) issue a covered rule that does not amend or modify an existing rule of the agency, unless— (i) the agency has repealed 1 or more existing covered rules of the agency; and (ii) the cost of the covered rule to be issued is less than or equal to the cost of the covered rules repealed under clause (i), as determined and certified by the head of the agency; or (B) issue a covered rule that amends or modifies an existing rule of the agency, unless— (i) the agency has repealed or amended 1 or more existing covered rules of the agency; and (ii) the cost of the covered rule to be issued is less than or equal to the cost of the covered rules repealed or amended under clause (i), as determined and certified by the head of the agency. (2) Penalty for failure to repeal or amend rules During the period beginning on the date of failure to comply by an agency with paragraph (1) in issuing a covered rule, and ending on the date on which the agency complies with paragraph (1) with respect to that covered rule, no statutory pay adjustment (as defined in section 147(b) of the Continuing Appropriations Act, 2011 ( 5 U.S.C. 5303 (3) Application Paragraph (1) shall not apply to the issuance of a covered rule by an agency that— (A) relates to the internal policy or practice of the agency or procurement by the agency; or (B) is being revised to be less burdensome to decrease requirements imposed by the covered rule or the cost of compliance with the covered rule. (c) Considerations for repealing rules In determining whether to repeal a covered rule under subparagraph (A)(i) or (B)(i) of subsection (b)(1), the head of the agency that issued the covered rule shall consider— (1) whether the covered rule achieved, or has been ineffective in achieving, the original purpose of the covered rule; (2) any adverse effects that could materialize if the covered rule is repealed, in particular if those adverse effects are the reason the covered rule was originally issued; (3) whether the costs of the covered rule outweigh any benefits of the covered rule to the United States; (4) whether the covered rule has become obsolete due to changes in technology, economic conditions, market practices, or any other factors; and (5) whether the covered rule overlaps with a covered rule to be issued by the agency. (d) Publication of covered rules in Unified Agenda (1) Requirements Each agency shall, on a semiannual basis, submit jointly and without delay to the Office of Information and Regulatory Affairs for publication in the Unified Agenda a list containing— (A) each covered rule that the agency intends to issue during the 6-month period following the date of submission; (B) each covered rule that the agency intends to repeal or amend in accordance with subsection (b) during the 6-month period following the date of submission; and (C) the cost of each covered rule described in subparagraphs (A) and (B). (2) Prohibition An agency may not issue a covered rule unless the agency complies with the requirements under paragraph (1).

Summary: Regulations Endanger Democracy Act of 2015 or the RED Tape Act of 2015 Prohibits a federal agency from issuing a covered rule (a rule that causes a new financial or administrative burden on businesses or people in the United States) that either amends or modifies an existing agency rule or does not amend or modify an existing rule unless the agency has repealed one or more existing covered rules and the cost of the rule to be issued is less than or equal to that of the covered rules repealed. Exempts a covered rule that: (1) relates to the internal policy or practice of, or procurement by, the agency; or (2) is being revised to be less burdensome by decreasing requirements imposed by, or compliance costs of, the rule. Prohibits any statutory pay adjustment from taking effect for any employee of an agency during any period during which the agency is not in compliance with such requirement. Directs an agency, in determining whether to repeal a covered rule, to consider: (1) whether the rule has achieved its purpose, has become obsolete, or overlaps with a covered rule to be issued; (2) any adverse effects that could materialize if the rule is repealed; and (3) whether the costs of the rule outweigh it benefits. Requires each agency, semiannually, to submit to the Office of Information and Regulatory Affairs for publication in the Unified Agenda a list containing each covered rule the agency intends to issue, repeal, or amend during the following six months and the cost of each such rule.