[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1515 Introduced in House (IH)]
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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.
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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 jurisdiction 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 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 2023'' or the ``RED Tape Act of 2023''.
SEC. 2. REPEAL OF RULES REQUIRED BEFORE ISSUING OR AMENDING RULE.
(a) Definitions.--In this section:
(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 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) Rule.--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.
(4) Unified agency.--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(i) the agency has repealed 2 or more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covered rules repealed under clause (i), as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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