What This Bill Does
This bill requires government agencies to repeal or amend at least two existing rules before they can issue or amend a rule that creates new financial or administrative burdens on businesses or people. The agency leader must also certify that the cost of the new rule does not exceed the cost of the rules being repealed or amended.
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Who It Affects
- Government agencies that issue rules
- Businesses in the United States
- People of the United States who are subject to government regulations
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Key Provisions
- Agencies cannot issue a new rule that creates financial or administrative burden unless they first repeal two or more existing burden-causing rules, and the new rule's cost is equal to or less than the repealed rules' cost (Sec. 2(b)(1)(A))
- Agencies cannot issue a rule that modifies an existing rule unless they first repeal or amend two or more existing burden-causing rules, and the new rule's cost is equal to or less than the repealed or amended rules' cost (Sec. 2(b)(1)(B))
- This requirement does not apply to rules about an agency's internal policies, practices or purchasing, or to rules being changed to reduce requirements or compliance costs (Sec. 2(b)(2))
- Agencies must submit a list every six months to the Office of Information and Regulatory Affairs showing which burden-causing rules they plan to issue, repeal or amend, along with the cost of each rule (Sec. 2(d)(1))
- Agencies cannot issue a burden-causing rule unless they follow the reporting requirements described above (Sec. 2(d)(2))
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What Changes
Agencies must now balance any new rules that burden businesses or people by eliminating older rules first. The agency leader must decide which existing rules to remove and prove that the new rule does not cost more than the rules being removed. Agencies must also publicly report their plans twice a year.
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Important Definitions
- **Agency**: A government organization as defined in federal law (Sec. 2(a)(1))
- **Covered rule**: A rule that creates new financial or administrative burden on businesses or people in the United States, as decided by the agency leader (Sec. 2(a)(2))
- **Rule**: Regulations issued by an agency, including rules issued because of executive orders, presidential memorandums, or agency guidance documents, bulletins or press releases (Sec. 2(a)(3))
- **Unified Agenda**: The Unified Agenda of Federal Regulatory and Deregulatory Actions (Sec. 2(a)(4))
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Effective Date
Not specified in bill text
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-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Regulations Endanger
4
Democracy Act of 2023’’ or the ‘‘RED Tape Act of 2023’’.
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SEC. 2. REPEAL OF RULES REQUIRED BEFORE ISSUING OR
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AMENDING RULE.
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(a) DEFINITIONS.—In this section:
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•HR 1515 IH
(1) AGENCY.—The term ‘‘agency’’ has the
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meaning given the term in section 551 of title 5,
2
United States Code.
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(2) COVERED RULE.—The term ‘‘covered rule’’
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means a rule of an agency that causes a new finan-
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cial or administrative burden on businesses in the
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United States or on the people of the United States,
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as determined by the head of the agency.
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(3) RULE.—The term ‘‘rule’’—
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(A) has the meaning given the term in sec-
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tion 551 of title 5, United States Code; and
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(B) includes—
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(i) any rule issued by an agency pur-
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suant to an Executive order or Presidential
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memorandum; and
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(ii) any rule issued by an agency due
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to the issuance of a memorandum, guid-
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ance document, bulletin, or press release
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issued by an agency.
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(4) UNIFIED
AGENCY.—The term ‘‘Unified
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Agenda’’ means the Unified Agenda of Federal Reg-
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ulatory and Deregulatory Actions.
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(b) PROHIBITION
ON
ISSUANCE
OF
CERTAIN
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RULES.—
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(1) IN GENERAL.—An agency may not—
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•HR 1515 IH
(A) issue a covered rule that does not
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amend or modify an existing rule of the agency,
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unless—
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(i) the agency has repealed 2 or more
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existing covered rules of the agency; and
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(ii) the cost of the covered rule to be
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issued is less than or equal to the cost of
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the covered rules repealed under clause (i),
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as determined and certified by the head of
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the agency; or
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(B) issue a covered rule that amends or
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modifies an existing rule of the agency, un-
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less—
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(i) the agency has repealed or amend-
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ed 2 or more existing covered rules of the
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agency; and
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(ii) the cost of the covered rule to be
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issued is less than or equal to the cost of
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the covered rules repealed or amended
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under clause (i), as determined and cer-
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tified by the head of the agency.
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(2) APPLICATION.—Paragraph (1) shall not
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apply to the issuance of a covered rule by an agency
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that—
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•HR 1515 IH
(A) relates to the internal policy or prac-
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tice of the agency or procurement by the agen-
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cy; or
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(B) is being revised to be less burdensome
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to decrease requirements imposed by the cov-
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ered rule or the cost of compliance with the cov-
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ered rule.
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(c) CONSIDERATIONS FOR REPEALING RULES.—In
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determining whether to repeal a covered rule under sub-
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paragraph (A)(i) or (B)(i) of subsection (b)(1), the head
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of the agency that issued the covered rule shall consider—
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(1) whether the covered rule achieved, or has
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been ineffective in achieving, the original purpose of
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the covered rule;
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(2) any adverse effects that could materialize if
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the covered rule is repealed, in particular if those
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adverse effects are the reason the covered rule was
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originally issued;
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(3) whether the costs of the covered rule out-
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weigh any benefits of the covered rule to the United
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States;
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(4) whether the covered rule has become obso-
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lete due to changes in technology, economic condi-
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tions, market practices, or any other factors; and
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•HR 1515 IH
(5) whether the covered rule overlaps with a
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covered rule to be issued by the agency.
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(d) PUBLICATION OF COVERED RULES IN UNIFIED
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AGENDA.—
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(1) REQUIREMENTS.—Each agency shall, on a
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semiannual basis, submit jointly and without delay
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to the Office of Information and Regulatory Affairs
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for publication in the Unified Agenda a list con-
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taining—
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(A) each covered rule that the agency in-
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tends to issue during the 6-month period fol-
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lowing the date of submission;
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(B) each covered rule that the agency in-
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tends to repeal or amend in accordance with
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subsection (b) during the 6-month period fol-
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lowing the date of submission; and
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(C) the cost of each covered rule described
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in subparagraphs (A) and (B).
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(2) PROHIBITION.—An agency may not issue a
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covered rule unless the agency complies with the re-
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quirements under paragraph (1).
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Æ
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