Biden Freezes Regulatory Process Pending Review

SOURCE: Ethan Ware, Partner with Williams and Mullen and NCMA Business Partner

A White House Memorandum from President Joe Biden's Chief of Staff, Ronald A. Klain was issued January 20, 2021 asking heads of executive departments and agencies to immediately propose or issue no rule in any manner until an agency head is appointed and gives approval. The freeze on regulations includes limited exceptions allowed by the Director of the Office of Management and Budget (OMB) for emergencies or other urgent circumstances.

Any rules that that have been sent to the Office of the Federal Register (OFR) but not published are to be immediately withdrawn consistent with OFR procedures.

Any rules that have been published in the Federal Register or issued in any manner but have not taken effect, should be considered for postponement effective 60 days after January 20 (the date of the Freeze Memorandum) in order for the new Administration to review any questions of fact, law, and policy the rules may raise. Any rules postponed for 60 days should also be considered for a 30-day public comment period.

This freeze excludes rules subject to statutory or judicial deadlines.

LINKS

Biden Regulatory Freeze Memorandum
Memorandum from Ronald Klain, President Biden's Chief of Staff to Executive Department and Agency Heads • January 20, 2021