In a memorandum to heads of executive departments and agencies, President Obama stated his administration’s policy “that preemption of State law by executive departments and agencies should be undertaken only with full consideration of the legitimate prerogatives of the States and with a sufficient legal basis for preemption.” He instructed the heads of departments and agencies to review regulations issued within the past 10 years that are intended to preempt State law in order to determine whether the statements or provisions are justified under applicable legal principles governing preemption. The department or agency head should consider amending the regulation if preemption cannot be justified.
Source:
Federal Register: May 22, 2009 (Volume 74, Number 98)]
[Presidential Documents]
[Page 24693-24694]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my09-119]
To learn more about the federal rulemaking process see:
- Understanding the Regulatory Process: Working with Federal Regulatory Agencies, a live program in Washington, DC, October 20, 2009
- Understanding the Regulatory Process Series, a Capitol Learning Audio Course
- The Federal Regulatory Process: Piecing Together the Regulatory Puzzle, a Capitol Learning Audio Course
- Federal Regulatory Process Poster, by Ken Ackerman
Regulatory Research Resources
- Regulations.gov – ”Your one stop site to comment on federal regulations.”
(From the GPO) - Statutes related to the regulatory process – from the National Archives and Records Administration
- Code of Federal Regulations (GPO Access) (April 1996-
- Code of Federal Regulations (Cornell Legal Information Institute)
- E-CFR
- Federal Register
Vol. 59 (1994) no field/identifiers
Vol. 60 (1995 – - List of CFR Sections Affected (GPO Access) (January 1997 –
- Semiannual Regulatory Agenda (Unified Agenda) (GPO Access) (1994 –
- Executive Orders
- Code of Federal Regulations – Title 3 (GPO Access)
- Codification of Presidential Proclamations and Executive Orders (U.S. National Archives and Records Administration) April 13, 1945 – January 20, 1989
- Executive Orders (White House)
- Executive Orders Disposition Tables (U.S. National Archives and Records Administration) January 24, 1953 to present
- Federal Register (GPO Access)
- Public Papers of the Presidents of the United States (GPO Access) (1995 –
- Weekly Compilation of Presidential Documents (GPO Access) Vol. 29 (1993-
- United States Government Manual (GPO Access)