S. 441Senate116th Congress (2019-2021)In Committee

RED Tape Act of 2019

Introduced February 12, 2019

AI-Generated Summary

Updated April 14, 2026 at 1:43 AM UTC

The RED Tape Act of 2019 would make federal agencies remove or change at least two existing rules that create new financial or administrative burdens before they can issue a new rule or amend an existing one. The bill aims to reduce regulatory load by ensuring any new rule’s cost does not exceed the cost of the rules being eliminated. It applies to all agencies and focuses on rules that affect businesses and the public.

Key Provisions

  • An agency may not issue a new “covered rule” (one that imposes a new burden) unless it first repeals or amends at least two existing covered rules.
  • The cost of the new rule must be equal to or less than the combined cost of the repealed or amended rules, as certified by the agency head.
  • Exemptions are allowed for rules that are internal agency policies or that are being revised to lessen existing burdens.
  • Agency heads must consider effectiveness, adverse effects, cost‑benefit balance, obsolescence, and overlap when deciding which rules to repeal or amend.
  • Every six months, agencies must submit to the Office of Information and Regulatory Affairs a list of intended new, repealed, or amended covered rules and their costs for publication in the Unified Agenda.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

February 12, 2019

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SenateIntro Referral

Introduced in Senate

February 12, 2019

SenateIntro Referral

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

February 12, 2019

Floor Debate

24 members

What members said about S. 441 on the floor

11 Republicans13 Democrats
Thomas R. Carper
Sen. Thomas R. CarperD-DE · Feb 6, 2019

Mr. President, I am delighted to follow on the floor the chairman of the Environment and Public Works Committee, who is now hastening for the exit before I can say nice things about him. I want to…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Feb 6, 2019

Mr. President, I pay tribute to an extraordinary American. I stand here today to pay my respects to a World War II veteran who dedicated his life to public service. After serving his country in…

Dan Sullivan
Sen. Dan SullivanR-AK · Feb 6, 2019

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, a number of us have been coming to the floor for quite some time now, talking about challenges…

Jeff Merkley
Sen. Jeff MerkleyD-OR · Feb 6, 2019

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I want to begin by recognizing two members of my team who will be leaving at the end of this…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Feb 6, 2019

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, last night, most of America was tuned in to the President's State of the Union Address, and I…

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John Cornyn
Sen. John CornynR-TX · Feb 6, 2019

Mr. President, I never cease to be amazed how the politics here inside the beltway remind me of two ships passing in the night, where we can all be looking at exactly the same thing and describe it…

Sheldon Whitehouse
Sen. Sheldon WhitehouseD-RI · Feb 6, 2019

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask unanimous consent that I be allowed to speak as if in morning business for up to 15…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Feb 6, 2019

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, last night President Trump had the opportunity to bring our parties together and offer the…

David Perdue
Sen. David PerdueR-GA · Feb 6, 2019

Mr. President, it is my honor to join my colleagues, including the Presiding Officer, in this brief colloquy about the current economic results that the President's agenda is achieving. I would like…

Lisa Murkowski
Sen. Lisa MurkowskiR-AK · Feb 6, 2019

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, we are at a point we have been hoping to get to for some time, which is debate on S. 47, the…

Joe Manchin III
Sen. Joe Manchin IIID-WV · Feb 6, 2019

Madam President, first, I am so pleased to work with my good friend Chairman Murkowski on something she has worked on for quite some time with Senator Cantwell. Taking up this new position, I want to…

John Barrasso
Sen. John BarrassoR-WY · Feb 6, 2019

Mr. President, today U.S. taxpayers are subsidizing the electric car industry. The cost to these taxpayers is billions of dollars, and the subsidies have lasted now for nearly 30 years. In 2008,…

Martin Heinrich
Sen. Martin HeinrichD-NM · Feb 6, 2019

Mr. President, I start by thanking Senator Tom Udall, our senior Senator from New Mexico, for the incredible amount of work and really the years of advocacy and attention that have gone into many of…

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Tom Udall
Sen. Tom UdallD-NM · Feb 6, 2019

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, thank you for the recognition. I rise to express my strong support for the bipartisan public…

Tina Smith
Sen. Tina SmithD-MN · Feb 6, 2019

Madam President, last night President Trump delivered the State of the Union Address, and he talked about a lot of issues, including immigration and national security, healthcare, and prescription…

Roy Blunt
Sen. Roy BluntR-MO · Feb 6, 2019

Mr. President, I want to talk about the bill that we are considering this week. This is a bill that for sportsmen and for those who are interested in public lands is going to have a big impact. It…

Jon Tester
Sen. Jon TesterD-MT · Feb 6, 2019

Today is a special day. Today is a culmination of years of work. I mean that. We were literally on the floor 7 or 8 years ago with a bill similar to this one that did not get across the finish line.…

John Thune
Sen. John ThuneR-SD · Feb 6, 2019

Mr. President, in last night's State of the Union Address, the President highlighted the strength of the economy. After years of stagnation under the Obama administration, our economy has come…

Robert P. Casey Jr.
Sen. Robert P. Casey Jr.D-PA · Feb 6, 2019

Mr. President, I rise to speak about the same topic that my colleague from Maryland and my colleague from Minnesota just spoke of. I will start by highlighting the legislation that Senator Smith from…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Feb 6, 2019

Madam President, first of all, I want to thank Senator Smith for her leadership on this issue. This involves 1.2 million contract workers who could very well not only lose their pay from the 35 days…

Mike Braun
Sen. Mike BraunR-IN · Feb 6, 2019

Mr. President, I rise today in one of the hottest economic environments our Nation has ever seen. The last time American unemployment was this low, the Beatles were at the top of the charts and I was…

Joni Ernst
Sen. Joni ErnstR-IA · Feb 6, 2019

Mr. President, today I rise to speak on the strength of the U.S. economy, and I would like to thank my colleagues who have joined me here on the floor to address this very important topic. As…

Chris Van Hollen
Sen. Chris Van HollenD-MD · Feb 6, 2019

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I thank the Senator from Minnesota, Senator Smith, for organizing this discussion on the…

Jerry Moran
Sen. Jerry MoranR-KS · Feb 6, 2019

Madam President, I rise today to express my dissatisfaction and disappointment over what is a life-and-death matter for many Americans. My disappointment is about the actions recently taken by the…

Bill Text

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Introduced in SenateIssued February 12, 2019

II

116th CONGRESS

1st Session

S. 441

IN THE SENATE OF THE UNITED STATES

February 12, 2019

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.

1.

Short title

This Act may be cited as the Regulations Endanger Democracy Act of 2019 or the RED Tape Act of 2019.

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).