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Bush Will Review Clinton's Last-Minute Avalanche of Regulations
NewsMax.com Wires
Saturday, Jan. 6, 2001
WASHINGTON (UPI) – Republicans complain that President Clinton is scrambling
to issue last-minute orders to tie the hands of the incoming Republican
administration. But President-elect Bush plans to review the avalanche of
regulations.
Ari Fleischer, spokesman for President-elect Bush, said Friday that the Bush
transition team is keeping track of Clinton's initiatives. He promised that
Bush would review them and take any corrective action deemed necessary after
he is sworn in Jan. 20.

Fleischer avoided criticizing Clinton. "It is the president's prerogative to
do as he sees fit. We will not comment on the many activities he is pursuing
and pursuing aggressively."

Still, Fleischer observed, "He has been a busy beaver."

The Clinton administration has issued major rules and orders since the
election, including:


Friday's announcement limiting timber harvests in millions of acres of
federal forests.

A rule from the Department of Housing and Urban Development requiring that
government housing be integrated by race and income.

An Environmental Protection Agency rule mandating the use of cleaner diesel
gasoline that the oil industry says it cannot produce.

A major new regulation requiring employers to take steps to protect workers
from repetitive motion injuries.

Clinton also snubbed Republicans by signing a controversial treaty to
establish an international war crimes tribunal.
According to regulatory experts, it is not unusual for a lame-duck
administration to issue a large batch of rules and orders between the
election and the transfer of power, particularly when the transition is from
one party to the other.

George Mason University's Mercatus Center conducted a study of so-called
midnight regulations since the Truman administration, and has found that
Clinton, while not inventing the practice, may set a record.

29,000 Pages of Rules in a Few Weeks

According to researcher Jay Cochran, the outgoing Carter administration,
preparing for the incoming Reagan administration, printed in the Federal
Register 24,500 pages of new regulations between the election and the
inauguration. The Clinton administration is on pace to publish more than
29,000 pages, Cochran said, covering "hundreds of rules."

Some of the rules are major policy decisions that attract a great deal of
attention and generate the public opposition of major interest groups. But
others are relatively minor bureaucratic decisions that can have significant
long-term implications.

For example, over the Christmas season, Clinton announced more than $1
billion in federal grants for state homeless assistance programs. According
to housing experts, the grants are part of HUD's annual announcement of
billions of dollars of federal money that is available for grants. The
announcement – known as the "super-NOFA," or "notice of funding availability"
– does not determine who will receive the money, but it commits the
government to giving it away.

HUD spokesman Lee Jones said the other pieces of the super-NOFA are
traditionally released "in late January or early February" and that if the
Clinton administration issues it, the Bush team "can always pull it back."
But he emphasized that it was a bureaucratic rulemaking that distributes
money already budgeted by Congress, and that it did not traditionally require
any decisions by senior political appointees.

One transition official who asked not to be named told UPI that the late
flurry of Clinton rules did not stop the Bush administration from
implementing its agenda, but "it is a nuisance."

This source said, "There are some things that once you do them it can be
problematic to undo them."

But this official added that once the Bush team takes office, there are
mechanisms it can use to overturn almost any decision the Clinton
administration has made. The job for the incoming Bush administration, this
official said, will be to separate those rules that can be reversed easily
from those that will create major legal or political headaches, and then
choosing which battles are worth fighting.




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