,,ii  #aafth ,,congress  #ast ,session  
,s4 #dda  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,february #ab1      
#bjai,mr4 ,sullivan introduced the      
following bill2 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 #b or more rules before 
issuing or amending a rule4  #a4 ,short 
title ,this ,act may be cited as the    
,regulations ,endanger ,democracy ,act  
of #bjai or the ,,red ,tape ,act of     
#bjai4  #b4 ,repeal of rules required   
before issuing or amending rule  7a7    
,definitions ,in this section-- 7#a7 the
 term agency has the meaning given the  
term in section #eea of title #e1       
,united ,states ,code2  7#b7 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 ,states1 as determined by   
the head of the agency2  7#c7 the term  

rule-- 7,a7 has the meaning given the   
term in section #eea of title #e1       
,united ,states ,code2 and  7,b7        
includes-- 7i7 any rule issued by an    
agency pursuant to an ,executive order  
or ,presidential memorandum2 and  7ii7  
any rule issued by an agency due to the 
issuance of a memorandum1 guidance      
document1 bulletin1 or press release    
issued by an agency2 and  7#d7 the term 
,unified ,agenda means the ,unified     
,agenda of ,federal ,regulatory and     
,deregulatory ,actions4  7b7            
,prohibition on issuance of certain     
rules  7#a7 ,in general ,an agency may  
not--  7,a7 issue a covered rule that   
does not amend or modify an existing    
rule of the agency1 unless-- 7i7 the    
agency has repealed #b or more existing 
covered rules of the agency2 and  7ii7  
the cost of the covered rule to be      
issued is less than or equal to the cost
 of the covered rules repealed under    
clause 7i71 as determined and certified 
by the head of the agency2 or  7,b7     

issue a covered rule that amends or     
modifies an existing rule of the agency1
 unless-- 7i7 the agency has repealed or
 amended #b or more existing covered    
rules of the agency2 and  7ii7 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covered rules repealed or amended under 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 7i71 as determined and certified 
by the head of the agency4  7#b7        
,application ,paragraph 7#a7 shall not  
apply to the issuance of a covered rule 
by an agency that-- 7,a7 relates to the 
internal policy or practice of the      
agency or procurement by the agency2 or 
7,b7 is being revised to be less        
burdensome to decrease requirements     
imposed by the covered rule or the cost 
of compliance with the covered rule4    
7c7 ,considerations for repealing rules 
,in determining whether to repeal a     
covered rule under subparagraph 7,a77i7 
or 7,b77i7 of subsection 7b77#a71 the   
head of the agency that issued the      
covered rule shall consider--  7#a7     

whether the covered rule achieved1 or   
has been ineffective in achieving1 the  
original purpose of the covered rule2   
7#b7 any adverse effects that could     
materialize if the covered rule is      
repealed1 in particular if those adverse
 effects are the reason the covered rule
 was originally issued2  7#c7 whether   
the costs of the covered rule outweigh  
any benefits of the covered rule to the 
,united ,states2  7#d7 whether the      
covered rule has become obsolete due to 
changes in technology1 economic         
conditions1 market practices1 or any    
other factors2 and  7#e7 whether the    
covered rule overlaps with a covered    
rule to be issued by the agency4  7d7   
,publication of covered rules in        
,unified ,agenda  7#a7 ,requirements    
,each agency shall1 on a semiannual     
basis1 submit jointly and without delay 
to the ,office of ,information and      
,regulatory ,affairs for publication in 
the ,unified ,agenda a list containing--
  7,a7 each covered rule that the agency

 intends to issue during the #f-month   
period following the date of submission2
  7,b7 each covered rule that the agency
 intends to repeal or amend in          
accordance with subsection 7b7 during   
the #f-month period following the date  
of submission2 and  7,c7 the cost of    
each covered rule described in          
subparagraphs 7,a7 and 7,b74  7#b7      
,prohibition ,an agency may not issue a 
covered rule unless the agency complies 
with the requirements under paragraph   
7#a74