Title: RED Tape Act of 2021
Policy area: Government Operations and Politics

Summary:
Regulations Endanger Democracy Act of 2021 or the RED Tape Act of 2021
This bill prohibits, with certain exceptions, a federal agency from issuing a rule that causes a new financial or administrative burden on businesses or people in the United States unless the agency has repealed or amended two or more existing rules causing such a burden and the cost of the rule to be issued is less than or equal to that of the rules repealed or amended.
In determining whether to repeal such a rule, an agency must consider (1) whether the rule has achieved its purpose, has become obsolete, or overlaps with a rule to be issued; (2) any adverse effects that could materialize if the rule is repealed; and (3) whether the costs of the rule outweigh its benefits.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1252 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1252

   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

                             April 20, 2021

 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.

    Be it enacted by the Senate and House of Representatives 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 2021'' or the ``RED Tape Act of 2021''.

SEC. 2. REPEAL OF RULES REQUIRED BEFORE ISSUING OR AMENDING RULE.

    (a) Definitions.--In this section--
            (1) the term ``agency'' has the meaning given the term in 
        section 551 of title 5, United States Code;
            (2) the term ``covered rule'' means a rule of an agency 
        that causes a new financial 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) the term ``rule''--
                    (A) has the meaning given the 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'' means the Unified Agenda of 
        Federal Regulatory and Deregulatory Actions.
    (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 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, unless--
                            (i) the agency has repealed or amended 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 certified by the head of 
                        the agency.
            (2) 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).
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