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Re: Federal Moratorium? James R. Brett 01 Feb 2001 19:21 EST

I think the following Executive Order is what you are hearing about.


Office of the Press Secretary

For Immediate Release January 20, 2001

January 20, 2001


 Assistant to the President
 and Chief of Staff

SUBJECT Regulatory Review Plan

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

 1. 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.

 2. 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

 3. 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.

 4. 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.

 5. 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.

 6. 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

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.

Interesting, eh!

Gretchen KempEckert wrote:

> We have just been informed of a presidential moratorium at Dept. of
> Education
> Our understanding is that this moratorium gives the incoming
> administration an opportunity to examine the policies and commitments that
> the agency
> might make.
> Essentially, it is slowing our approvals down, and my company is trying
> to determine if others are having similar experiences at DoEd or other
> agencies.
> I'll be asking this question of other lists, so I apologize for any
> duplication.  Any
> information will be appreciated.
> Thanks.
> Gretchen
> Gretchen Kemp Eckert
> Education Development Center, Inc.
> Grants Administration and Compliance
> 55 Chapel Street
> Newton, MA 02458-1060
> Phone:  617-618-2243
> FAX:  617-969-5979
> E-mail:
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James R. Brett, Ph.D., Director
Office of University Research
California State University, Long Beach
562-985-4833   fax 985-8665

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