Executive Orders

POTUS-45

Executive Orders are laws that direct federal agencies and officials to implement congressionally established laws or policies. The judiciary can challenge them, and both branches of the legislature can question orders, memorandum, and proclamations.

The Federal Registar has a list of them all available for download (HERE). Because trust allows change and distrust obstructs pehaps a review of these orders might shed some insight on where trust exists in the examination of these orders.

Summary of the first year says it all.

In brief, POTUS-45 directs with radical intent a reduction in the role of the feds. It seeks to eliminate regulations governing the behavior of businesses across the board. For balance, the investment of public money will be prioritized in a way that sets toward a warlike posture:  cyber, border, trade, media and yelling insults. The posture for investment in infrastructure is designed to hit the Administration’s 4% GDP mark.  Expect the Fed Reserve to bump interest rates. The details in the following Executive Orders are the basis or this summary

POTUS Orders, Proclamations, and Memoranda

Actions direct the Secretary of Treasury to rewrite regulations in the financial industry after the 2008 financial crisis and the ACA “fiduciary rule.” The concrete elements are

1. The report back (120 days later June 3, 2017) with rule recommendations did not occur
2. For each regulation, the executive branch proposes, identify two for repeal. (non-starter)
3. Spending on new regulations for 2017 is capped at $0, (making new ones more complex).
4. Directs Secretary of Commerce to reduce federal regulations on US manufacturers
5. Have a look at what Wilber is doing. Not pretty since release of the Pannama Papers.

Actions on Immigration prevent entry into the U.S. from I. The concrete elements are:

• Iraq, Libya, Somalia, Sudan, and Yemen for 90 days, and Syrians indefinitely
• WA and MN District Court Challenges Order (stay tuned for the rewrite)
• Directs “…a comprehensive plan to defeat ISIS,” within 30 days, March 2017.
• The ban is in effect following a trip to the Supreme Court and in the details, it provides for families to stay connected thanks to the remand of the HI court.

Actions to build a wall along the US border with Mexico and sustain deportation.  The concrete elements are:

1. Requires state and federal agencies to disclose aid to Mexico within 30 days (March 2017).
2. The US Customs and Border Protection to hire 5,000 additional border patrol agents.

Actions that seek to accelerate infrastructure programs: the concrete elements are:

1. All 50 State governors and heads of federal agencies will make a “high priority” project list so they can be fast-tracked for environmental review.
2. Three memoranda expand oil pipelines. The first approves construction of the Dakota Access Pipeline, The second approves the Keystone XL Pipeline.  The third, requires all pipeline materials be built in the US.

Action by memorandum freezes all hiring in the executive branch excluding the military:

1. directing no vacancies be filled
2. the memo did not make the specific exception for resignations (i.e. Flynn)

Action directs Secretary of Defense James Mattis to conduct a readiness review and recommendations:

1. On a military rebuild
2. On our Ballistic Missile Defense System

National Security Council’s Principals Committee, on policy issues affecting national security

1. Work the Wiki on this here get all the names
   1. Steve Bannon, Chief Strategist, is the surprise and a bit scary.
   2. Profiles needed? Not at the current rate of resignations

Actions on World Trade call for withdrawal from the Trans-Pacific Partnership. The concrete elements involve the negotiation of:

1. tariffs for 12 countries around the Pacific Rim,
2. including Japan and Mexico but excluding China.

Other Stuff

1. Proclamation: January 22 through January 28, 2017, as National School Choice Week
2. Gag order aimed at American NGOs on the topic of abortion
3. Chief of Staff Reince Priebus directed (not suggested) agency heads not to send new regulations to the Office of the Federal Register until the administration approves.

The Use of the Congressional Review Act (CRA) Here are two examples: 

The Congressional Review Act, allows lawmakers to repeal regulations within 60 days of their enactment, curtail the authority of federal officials over educational decisions on the state and local level and the resolutions into law by POTUS.  (WaPo article)  Passage is a simple majority in the House and Senate

The House overturned two education regulations that could change how state officials evaluate school performance and roll back requirements for programs that train new K-12 teachers.

The House will consider overturning a Social Security Administration Rule to prevent some Americans with disabilities from obtaining firearms based on their decision to seek Social Security benefits.

Bills written by lobbyists now flood the chamber.  Here are new CRA samples.

H.J. Res. 38 would nullify the Stream Protection Rule, 81 Fed. Reg. 93066 (Dec. 20, 2016), a final rule recently promulgated by the Department of the Interior, Office of Surface Mining Reclamation and Enforcement.

• The resolution is about coal sludge added to streams near coal mines.

H.J. Res. 36 would nullify the final rule Waste Prevention, Production Subject to Royalties, and Resource Conservation. 81 Fed. Reg. 83008 (Nov. 18, 2016), promulgated by the Department of the Interior, Bureau of Land Management.

• The resolution is on fracking and burning methane and other gasses into the atmosphere

H.J. Res. 41 ould nullify the final rule Disclosure of Payments by Resource Extraction Issuers, 81 Fed. Reg. 49359 (July 27, 2016), promulgated by the Securities and Exchange Commission.

• This is report reporting payments made to governments for the commercial development of oil, natural gas or minerals and everybody else does it, why can’t we.

H.J. Res. 37 would nullify the rule Federal Acquisition Regulation; Fair Pay and Safe Workspaces, 81 Fed. Reg. 58562 (August 25, 2016).

1. Federal contractors are required to disclose findings of non-compliance with labor laws.

Research is looking for help. The summary above seeks recommendations of best “watchdog” agencies who are reviewing this enormous range of activity.

Bottom line: dig out the pocket book, breadbasket, and moral compass issues affecting the people of New York City.

Define “Concrete.”
Confidence for decision-making comes in many ways.  One of the best is to use four broad categories that eliminate abstractions to make information. These are:

1. Names of people and places
2. Numbers,
3. Dates and
4. Ideas (statements) of one person