For Immediate Release
Office of the Press Secretary
January 20, 2001
Memorandum
January 20, 2001
Memorandum for the Heads and Acting Heads of Executive Departments and Agencies
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FROM:
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ANDREW H. CARD, JR.
Assistant to the President
and Chief of Staff
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SUBJECT:
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Regulatory Review Plan
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The President has asked me to communicate to each of you his plan for
managing the Federal regulatory process at the outset of his
Administration. In order to ensure that the President's
appointees have
the opportunity to review any new or pending regulations, I ask on
behalf
of the President that you immediately take the following steps:
- Subject to any exceptions the Director or
Acting Director of the
Office of Management and Budget (the
"OMB Director") allows for
emergency or other urgent situations
relating to health and
safety, send no proposed or final
regulation to the Office of the
Federal Register (the "OFR") unless
and until a department or
agency head appointed by the
President after noon on January 20,
2001, reviews and approves the
regulatory action. The department
or agency head may delegate this
power of review and approval to
any other person so appointed by the
President, consistent with
applicable law.
- With respect to regulations that have been
sent to the OFR but
not published in the Federal
Register, withdraw them from OFR for
review and approval as described in
paragraph 1, subject to
exception as described in paragraph
1. This withdrawal must be
conducted consistent with the OFR
procedures.
- With respect to regulations that have been
published in the OFR
but have not taken effect,
temporarily postpone the effective
date of the regulations for 60 days,
subject to exception as
described in paragraph 1.
- Exclude from the requested actions in
paragraphs 1-3 any
regulations promulgated pursuant to
statutory or judicial
deadlines and identify such
exclusions to the OMB Director as
soon as possible.
- Notify the OMB Director promptly of any
regulations that, in your
view, impact critical health and
safety functions of the agency
and therefore should be also
excluded from the directives in
paragraphs 1-3. The Director
will review any such notifications
and determine whether exception is
appropriate under the
circumstances.
- Continue in all instances to comply with
Executive Order 12866,
pending our review of that order, as
well as any other applicable
Executive Orders concerning
regulatory management.
As used in this memorandum, "regulation" has the meaning set out in
section
3(e) of Executive Order 12866. That is, this plan covers "any
substantive
action by an agency (normally published in the Federal Register) that
promulgates or is expected to lead to the promulgation of a final rule
or
regulation, including notices of inquiry, advance notices of proposed
rulemaking, and notices of proposed rulemaking."
This regulatory review will be implemented by the Director or Acting
Director of the OMB. Communications regarding exceptions to the
review, or
questions regarding the review generally, should be addressed to that
individual.
Finally, in the interest of sound regulatory practice and the avoidance
of
costly, burdensome, or unnecessary regulation, independent agencies are
encouraged to participate voluntarily in this review.
This memorandum shall be published in the Federal Register.
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