Nevin E. Adams
Having put its proposed extension of the applicability date out for public comment, the Labor Department has submitted its final rule to the Office of Management and Budget for review.
According to an update on the OMB’s website, the final rule was received on March 28.
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From: The National Law Review
Article By James J. Plunkett | Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Over the last couple of weeks, much of the media in Washington, D.C., has turned its attention to the new director of the Office of Management and Budget (OMB), former South Carolina congressman Mick Mulvaney. This is because Mulvaney is in charge of advancing the administration’s first federal budget proposal, as well as coordinating Republicans’ efforts to dismantle the Affordable Care Act (ACA). What goes unnoticed, however, is that Mulvaney and his office will play a crucial role in the employer community’s efforts to ease the regulatory burdens that have piled up over the last several years. Here’s just one way how.
From: Stogie Guys
1) Tomás Regalado. . . , mayor of Miami, this week sent a letter to the director of the White House Office of Management and Budget, imploring the agency to reconsider FDA regulation of cigars in light of “the new administration and its own regulatory review and reconsideration process.” An email alert from Cigar Rights of America applauds Mayor Regalado for the letter, which calls for a comprehensive economic impact analysis, as well as a reexamination of “option two,” which would exempt premium cigars from the regulation. The letter can be read in its entirety here. . . .
The long-running fight over the fiduciary rule took another (symbolic) step forward this week—but still there is little clarity as to what may unfold prior to the first deadlines in April.
By John Manganaro
An updated landing page tracking the Office of Management and Budget’s (OMB) review of the Department of Labor (DOL) fiduciary rule, championed by former President Barack Obama but now being attacked by current President Donald Trump, shows the OMB has officially labeled the effort to halt the fiduciary regulations as “economically significant.”
From: CBS News
The White House Initiative on Historically Black Colleges and Universities was started by President Jimmy Carter, but the Trump administration says the office has “lost track because they didn’t have the full force of the White House behind it.”
Mr. Trump, who is expected to list campaign promises he has fulfilled and executive orders he has signed during his first Presidential address, will also sign an executive order that will instruct a review of the Waters of the U.S. Rule (WOTUS) by the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers.
From: Portland Press Herald
There’s some dispute about how routine rules would be affected, but larger actions would be all but undoable under the presidential executive order.
However, on Feb. 2 the acting head of OMB’s Office of Information and Regulatory Affairs issued an advisory memo that clarified that the president’s order applied only to “significant regulatory actions” as defined under a 1993 executive order issued by President Bill Clinton. The memo is posted at the White House’s website, suggesting it has presidential approval.
From: Investment News
Putting together a new cost-benefit analysis could be tricky for DOL staff, who spent the last six years working on a regulation that already was assessed and has been upheld by three court decisions so far
By Mark Schoeff Jr.
While the new administration tries to find its footing, the April 10 implementation date for the DOL rule, which raises investment advice standards in retirement accounts, is bearing down. A DOL proposal to delay the applicablity of the rule, likely for 180 days, has been filed at the Office of Management and Budget, whose new director, former Rep. Mick Mulvaney, was just confirmed by the Senate on Thursday. That delay proposal, not yet approved, will probably come with its own two-week comment period.
Whatever is in there is ‘economically significant’
By Allison Bell
Federal regulation reviewers have stopped working on a Centers for Medicare & Medicaid Services proposal for saving the major medical insurance market.
The Office of Information and Regulatory Affairs, part of the Office of Management and Budget, says it concluded its review of the proposal, a draft of an executive order, on Friday.
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From: Americans for Safe Access
Americans for Safe Access Says Not Good Enough, Still in Violation of IQA
After months of public pressure, the Drug Enforcement Administration (DEA) has removed factually inaccurate information from its website. The change comes after Americans for Safe Access, a national nonprofit dedicated to ensuring safe and legal access to medical cannabis for therapeutic use and research, filed a legal request with the Department of Justice last year demanding that the DEA immediately update and remove factually inaccurate information about cannabis from their website and materials.
Richard P. Church and Ryan J. Severson | K&L Gates