I 
118TH CONGRESS 
1ST SESSION H. R. 1515 
To require each agency to repeal or amend 2 or more rules before issuing 
or amending a rule. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 9, 2023 
Mr. NEHLS introduced the following bill; which was referred to the Committee 
on Oversight and Accountability, and in addition to the Committee on the 
Judiciary, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To require each agency to repeal or amend 2 or more rules 
before issuing or amending a rule. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Regulations Endanger 
Democracy Act of 2023’’ or the ‘‘RED Tape Act of 2023’’. 
SEC. 2. REPEAL OF RULES REQUIRED BEFORE ISSUING OR 
AMENDING RULE. 
(a) DEFINITIONS.—In this section: 
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(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given the term in section 551 of title 5, 
United States Code. 
(2) COVERED RULE.—The term ‘‘covered rule’’ 
means a rule of an agency that causes a new finan-
cial or administrative burden on businesses in the 
United States or on the people of the United States, 
as determined by the head of the agency. 
(3) RULE.—The term ‘‘rule’’— 
(A) has the meaning given the term in sec-
tion 551 of title 5, United States Code; and 
(B) includes— 
(i) any rule issued by an agency pur-
suant to an Executive order or Presidential 
memorandum; and 
(ii) any rule issued by an agency due 
to the issuance of a memorandum, guid-
ance document, bulletin, or press release 
issued by an agency. 
(4) UNIFIED
AGENCY.—The term ‘‘Unified 
Agenda’’ means the Unified Agenda of Federal Reg-
ulatory and Deregulatory Actions. 
(b) PROHIBITION
ON
ISSUANCE
OF
CERTAIN 
RULES.— 
(1) IN GENERAL.—An agency may not— 
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(A) issue a covered rule that does not 
amend or modify an existing rule of the agency, 
unless— 
(i) the agency has repealed 2 or more 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the covered rules repealed under clause (i), 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, un-
less— 
(i) the agency has repealed or amend-
ed 2 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 cer-
tified by the head of the agency. 
(2) APPLICATION.—Paragraph (1) shall not 
apply to the issuance of a covered rule by an agency 
that— 
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(A) relates to the internal policy or prac-
tice of the agency or procurement by the agen-
cy; or 
(B) is being revised to be less burdensome 
to decrease requirements imposed by the cov-
ered rule or the cost of compliance with the cov-
ered rule. 
(c) CONSIDERATIONS FOR REPEALING RULES.—In 
determining whether to repeal a covered rule under sub-
paragraph (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 out-
weigh any benefits of the covered rule to the United 
States; 
(4) whether the covered rule has become obso-
lete due to changes in technology, economic condi-
tions, market practices, or any other factors; and 
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