Memo: OMB Response to Your Letter to the President Requesting a Moratorium on New Federal Regulations is a Cheap Ploy Using ADA and Disabled

Item

Other Media

c021_001_002_024_tr

Transcription (Scripto)

c021_001_002_024_tr

Extent (Dublin Core)

5 pages

File Name (Dublin Core)

c021_001_002_024

Title (Dublin Core)

Memo: OMB Response to Your Letter to the President Requesting a Moratorium on New Federal Regulations is a Cheap Ploy Using ADA and Disabled

Description (Dublin Core)

Memorandum and letter between Bob Dole and Alec Vachon about a letter to the President requesting a moratorium on new federal regulations- which he believed to be a cheap ploy utilizing the ADA and disabled people

Date (Dublin Core)

1994-12-16

Date Created (Dublin Core)

1994-12-16

Congress (Dublin Core)

103rd (1993-1995)

Topics (Dublin Core)

See all items with this valuePeople with disabilities

Policy Area (Curation)

Civil Rights and Liberties, Minority Issues

Creator (Dublin Core)

Vachon, Alexander

Record Type (Dublin Core)

memorandum

Names (Dublin Core)

See all items with this valueGingrich, Newt

See all items with this valueUnited States. Office of Management and Budget. Office of Information and Regulatory Affairs

See all items with this valueUnited States. Americans with Disabilities Act of 1990

Rights (Dublin Core)

http://rightsstatements.org/vocab/CNE/1.0/

Language (Dublin Core)

eng

Collection Finding Aid (Dublin Core)

https://dolearchivecollections.ku.edu/?p=collections/findingaid&id=54&q=

Physical Location (Dublin Core)

Collection 021, Box 1, Folder 2

Institution (Dublin Core)

Robert J. Dole Institute of Politics, University of Kansas, Lawrence, KS

Archival Collection (Dublin Core)

Alec Vachon Papers, 1969-2006

Full Text (Extract Text)

MEMORANDUM

Date: December 16, 1994
To: Senator Dole
From: Alec Vachon
Re: OMB RESPONSE T0 YOUR LETTER TO THE PRESIDENT REQUESTING A MORATORIUM ON NEW FEDERAL REGULATIONS IS A CHEAP PLOY USING ADA AND DISABLED

* On December 14th, OMB resonded to your December 12th letter to the President asking for a regulatory moratorium. In that letter OMB stated:

"[M]uch requlatory activity of the Clinton Administration involved protecting disabled Americans against discrimination.... These requlations are mandated by the Americans with Disabilities Act .... "

FULL OMB LETTER (OFF AP WIRE) ATTACHED.

* THIS IS A PREPOSTEROUS, CYNICAL, CHEAP PLOY. THE VAST MAJORITY OF ADA REGS WERE ISSUED BY JULY 1991--0VER THREE YEARS AGO AND LONG BEFORE CLINTON WAS ELECTED PRESIDENT. THIS IS JUST THE KIND OF THING THAT GIVES ADA A BAD NAME. SOMEONE SHOULD ASK THEM FOR PROOF.

Under ADA, 5 agencies have responsibility for issuing regs: EEOC, Justice, FCC, Transportation, and Architectural & Transportation Barriers Compliance Board. By statute, all ADA regulations were to be promulgated in final form by July 26, 1991--3 years ago and a year-and-a-half before Clinton was sworn in as President. CRS confirmed my impression that in fact all regulations met that deadline. (I am now doublechecking with each agency as well.) There has been only minor stuff since then.

cc: David Taylor

USN 12-14-94 18:27 EST 70 Lines. Copyright 1994. All rights reserved.
BC-REGULATION-MORATORIUM
Text of Letter to Rep. Gingrich from OMB Office of Information and Regulatory Affairs
To: National Desk
Contact: White House Press Office, 202-456-2100
WASHINGTON, Dec. 14
/U.S. Newswire/ --Following is a letter from Sally Katzen, administrator of the Office of Management and Budget's Office of Information and Regulatory Affairs, to Congressman Newt Gingrich (R-Ga.):
December 14, 1994
The Honorable Newt Gingrich
United States House of Representatives
Washington, D.C. 20515
(End of Letterhead)

Dear Congressman Gingrich:
President Clinton has asked me to reply to your letter requesting that he issue an Executive Order imposing a moratorium on all federal rulemaking.

As you know, the overwhelming majority of federal regulations are mandated by Congress so that federal agencies can put into practice your policy decisions. For example, much regulatory activity of the Clinton Administration involves protecting disabled Americans against discrimination and protecting all Americans against the health effects of pollution. These regulations are mandated by the Americans with Disabilities Act and the Clean Air Act, measures supported by Republicans in Congress and signed into law by President Bush.

President Clinton is concerned about the cost of regulations to businesses, individuals, and other governmental entities, whether or not those costs are mandated by Congress. The President has therefore directed Executive Branch agencies to regulate only when necessary, and only in the most cost-effective manner. The President has also ordered agencies to review existing regulations to eliminate rules that are duplicative, unnecessary, or not cost-effective.

Among the changes initiated by the Administration as a result of this directive are reforms that will free U.S. companies to export their goods overseas without drowning in paperwork, and provide the first upgrading in a generation of school nutrition standards for student meals. We have also opened the regulatory process so that individuals, businesses, and governmental entities can know in advance what regulations are being proposed and can participate more effectively in their development.

The "regulatory moratorium" you have proposed would stop rules from being issued regardless of their merit. For example, our information about upcoming regulations indicates that this "moratorium" would prevent the Department of Agriculture from dealing with tainted meat in the food supply; the Department of Veterans Affairs from providing veterans with additional assistance for undiagnosed illnesses that may be the result of their service in the Persian Gulf War; and the Department of Labor from protecting children ages 14-17 from harmful conditions in the workplace.

A moratorium is a blunderbuss that could work in unintended ways. When President Bush tried such an approach in his Administration, it did not achieve its stated objective of reducing the number of federal regulations. In fact, in the months immediately after that moratorium, the number of regulations actually increased.

In sum, while we share the view that burdensome regulations need to be cut back, we disagree that a blanket moratorium is the best way to proceed. We belive that we can work together on this issue to achieve a thoughtful solution to this problem.

Sincerely Yours,
/s/ Sally Katzen

Identical letters sent to Honorable Robert Dole, Honorable Trent Lott, Honorable Thad Cochran, Honorable Don Nickles, Honorable Dick Armey, Honorable Tom DeLay and Honorable John Boehner -o-/U.S. Newswire 202-347-2770/

FILE No. 032 Ol/03 '93 15:44 ID:LANIERFAX6500
CONGRESS OF THE UNITED STATES
Washington, D.C. 20510
FOR IMMEDIATE RELEASE
Monday, December 12, 1994
Contact: Clarkson Hine (Dole)
(202) 224-5358
Tony Blankley (Gingrich)
(202) 225-2800
(End of Letterhead)

REGULATORY MORATORIUM
DOLE, GINGRICH & GOP LEADERS CALL FOR RED TAPE TIME-OUT: "HIDDEN TAX" OF FEDERAL REGULATION COSTS AMERICA MORE THAN $500 BILLION PER YEAR

WASHINGTON --Arguing that the "hidden tax" of "excessive regulationand red tape have imposed an enormous burden on our economy," Republican Congressional Leaders led by incoming Senate Majority Leader Bob Dole and incoming House Speaker Newt Gingrich today urged President Clinton to impose an immediate moratorium on all federal rulemaking.

The letter --signed by Senators Dole, Trent Lott, Thad Cochran and Don Nickles, and Representatives Gingrich, Dick Armey, Tom DeLayand John Boehner --urges that the moratorium on new regulations remain in effect for the first 100 days of the 104th Congress, and that the Administration conduct a thorough internal review of current and proposed government regulations, and make recommendations to Congress for eliminating unnecessary red tape.

Private estimates of the cost to the American economy of compliance with all existing regulations range between $588 billion to $860 billion per year. During the past 12 months, the Clinton administration has published 67,927 gross pages of notices, proposed rules, and final regulations in the Federal Register.

The American people "voted for a smaller and less intrusive government," the Republicans wrote, adding that "we believe this moratorium on new federal regulations would send a clear signal that, working together, we intend to ease the burden of federal overregulation on consumers and businesses that has slowed economic growth and stifled job creation."

The text of the letter follows:

Dear Mr. President,

On November 8th, the American people sent a message to Washington. They voted for a smaller, less intrusive govenment. We urge you to respond to that message by issuing an Executive Order imposing a moratorium on all federal rulemaking. This moratorium should go into effect immediately and remain in effect for the first 100 days of the next Congress. During the moratorium, agencies should be directed to 1) identify both current and proposed regulations, with costs to society that outweigh any expected benefits; 2) recommend actions to eliminate any unnecessary regulatory burden; 3) recommend actions to give state, local, or tribal governments more flexibility to meet federally-imposed responsibilities; and 4) make this information and the analysis supporting it available to Congress.

The moratorium we are proposing should not apply to all regulations. For example, the proposed moratorium should specifically exempt regulations that would relax a current regulatory burden. Previous moratoriums have exempted several types of regulations including those that 1) are subject to a statutory or judicial deadline; 2) respond to emergencies such as those that pose an imminent danger to human health or safety; or 3) are essential to the hope that you will review enforcement of criminal laws. It is our hope that you will review past exemption categories and use them to guide you in establishing similar standards for purposes of administering this moratorium.

Excessive regulation and red tape have imposed an burden on our economy. Private estimates have projected the combined

Excessive regulation and red tape have imposed an enormous burden on our economy. Private estimates have projected the combined direct cost of compliance with all existing federal regulations to the private sector and to state and local governments at well over $500 billion per year. Your own National Performance Review observed that the compliance costs imposed by federal regulations on the private sector alone were "at least $430 billion per year --9 percent of our gross domestic product." This hidden tax has pushed up prices for goods and services for American families, and limited the ability of small businessmen and women to create jobs. The Small Business Administration estimates that small businesses in this country spend at least a billion hours a year filling out government forms.

The annual Unified Agenda of Federal Regulations, released on November 10, 1994, indicates that the Adnunistration completed 767 regulations during the past six months and is pursuing over 4,300 rulemakings during the next fiscal year. We believe this moratorium on new federal regulations would send a clear signal that, working together, we intend to ease the burden of federal overregulation on consumers and businesses that has slowed economic growth and stifled job creation.

Thank you for your consideration of this request. We look forward to working with you to ensure that regulatory policy works for the American people, not against them.

Respectfully,