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Trump Administration Freezes Regulations Pending Review

Oct 18, 2017
In an e-mail on Jan. 25, 2017, Bruce Lundegren, assistant chief counsel from the Small Business Administration's Office of Advocacy, advised small business representatives about the Trump administration's "Regulatory Freeze Pending Review” memorandum, which was issued to heads of executive departments and agencies on Jan. 20. The memorandum "is designed to ensure that the President's appointees or designees have the opportunity to review any new or pending regulations," Lundegren explains, and it directs departments and agencies to:
  • Send no regulations to the Federal Register until a department or agency head appointed or designated by the President after noon on Jan. 20, 2017, reviews and approves the regulation. 
  • For regulations that have been sent to the Federal Register, but not yet published, immediately withdraw them (subject to the exceptions described above and consistent with Federal Register procedures).
  • For regulations that have been published in the Federal Register but have not taken effect, temporarily postpone their effective date for 60 days for the purpose of reviewing questions of fact, law and policy (and possible further review). 
  • Regulations subject to statutory or judicial deadlines are excluded.
Other exemptions include emergency situations or other urgent circumstances relating to health, safety, financial or national security. The Obama administration issued a similar memo upon taking office in 2009.

Originally published Jan. 24, 2017


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