1. Short title This Act may be cited as the Regulations Endanger Democracy Act of 2017 or the RED Tape Act of 2017 . 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not— (A) issue a covered rule that does not amend or modify an existing rule of the agency, unless— (i) the agency has repealed 2 or more existing covered rules of the agency; and (ii) the cost of the covered rule to be issued is less than or equal to the cost of the covered rules repealed under clause (i), as determined and certified by the head of the agency; or (B) issue a covered rule that amends or modifies an existing rule of the agency, unless— (i) the agency has repealed or amended 2 or more existing covered rules of the agency; and (ii) the cost of the covered rule to be issued is less than or equal to the cost of the covered rules repealed or amended under clause (i), as determined and certified by the head of the agency.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