White House Issues Memorandum Freezing New and Pending Regulations

On
January 20, 2017, White House Chief of Staff Reince Priebus issued a memorandum instructing the
heads of executive departments and agencies to take immediate steps to ensure
that President Trump’s appointees and designees have the opportunity to review
any new or pending regulations.

Key steps outlined in the memorandum:

  • Send no regulation to the Office of the Federal
    Register (“OFR”) until a department or agency head appointed or designated by
    President Trump-or an authorized delegate-reviews and approves the regulation
  • Immediately withdraw, for review and approval,
    regulations that have been sent to the OFR but are not published in the Federal Register
  • As permitted by applicable law, postpone by 60
    days the effective date of regulations that have been published in the OFR but
    have not taken effect, and consider proposing for notice-and-comment a rule to
    delay the effective date for regulations beyond the 60-day period
  • In cases where a rule’s effective date has been
    delayed in order to review questions of fact, law, or policy, consider
    proposing further notice-and-comment rulemaking and, for such regulations,
    notify the OMB Director and “take further appropriate action in consultation
    with the OMB Director”

The effect of this memorandum on the new overtime
regulations and Union Persuader rule–both currently enjoined by federal courts–as well as the new EEO-1 reporting requirements remains to be seen. FortneyScott’s
attorneys will continue to monitor this development and keep you updated.