DATE: January 24, 2001

SUBJECT: Executive Office of the President; Delay in Regulatory Implementation

SOURCE: Federal Register, January 24, 2001, Vol. 66, No. 16, page 7701

AGENCIES: Executive Office of the President (EOP)

ACTION: Notice

SYNOPSIS: On January 20, 2000, the day President Bush was inaugurated, his EOP issued a memorandum to the heads of all federal agencies directing them to withdraw all rules and regulations that had been sent to the Federal Register but not published, and to postpone for sixty days the effective date of all rules and regulations that have been published in the Federal Register but have not taken effect.

EFFECTIVE DATE: January 20, 2001.

SUPPLEMENTAL INFORMATION: In the wake of all the "midnight regulations" issued by the Clinton Administration just prior to leaving office, President Bush has directed all agencies to "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." In addition, "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..." Finally, "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..."

The only exceptions to this direction involve "emergency or other urgent situations relating to health and safety" and "any regulations promulgated pursuant to statutory or judicial deadlines..."

EDITOR'S NOTE: This direction will effect a number of acquisition-related regulations, most notably the changes to the Federal Acquisition Regulation (FAR) in Federal Acquisition Circular (FAC) 97-22 which were to go into effect March 12, 2001, and FAC 97-23 which was to go into effect February 20, 2001 (see the January 10, 2001, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Circular (FAC) 97-22, Miscellaneous Amendments", and the January 18, 2001, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Circular (FAC) 97-23, Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor"). However, the "blacklisting regulations" in FAC 97-21 went into effect January 19, 2001, the last full day of the Clinton Administration, and remain in effect (see the December 20, 2000, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Circular (FAC) 97-21, Contractor Responsibility, Labor Relations Costs, and Costs Relating to Legal and Other").

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2001 by Panoptic Enterprises. All Rights Reserved.

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