[Congressional Record Volume 162, Number 16 (Wednesday, January 27, 2016)]
[Senate]
[Page S272]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2996. Mr. SULLIVAN submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. 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       (i) the agency has repealed 1 or more existing covered 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     or equal to the cost of the covered rules repealed under 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       (i) the agency has repealed or amended 1 or more existing 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     or equal to the cost of the covered rules repealed or amended 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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