Update: Monitoring Trump’s Actions
The white house has pulled its archive of Regulatory Actions that follows in the steps of pulling down Climate Change, Human and LBGTQ rights pages! As of yet the media has failed to publish details of Trump’s first Executive Order (EO) that including reinstating President Bush’s EO 13422. The alternative press mentioned the enforced blackout on several agencies yesterday but failed to cite the source of this (EO 13422). Below are details of what EO 13422 will do, followed by the rest of this update on actions the administration took today that included pulling over 30 EPA documents and dozens more from every agency in the government that were planned to be released in tomorrow’s Federal Register.
President Trump reinstates Executive Order 13422
Near the end of President Bush’s time as president, he issued Executive Order 13422 that attempted to usurp direct authority over the U.S. government that required all agencies to do economic studies on any policy changes, adding a whole new workload that would be overseen by special representatives appointed directly by the president. However, democrats had control of congress and the senate at the time and were able to block most of EO 13422’s intent until President Obama rescinded it in upon taking office. On Jan. 20th, Trump reinstated 13422, besides taking down three major issues from the white house website — Climate Change, Human and LBGTQ Rights. Besides signing an order ending the Asian Trade Agreement, he also reinstated both the XL and Dakota Access Pipelines.
In addition NBC National News announced that they would have a special interview with the president Tuesday as well as set up a special “Inside the White House” daily series to acquaint the public with what will be new!
Both CommonDreams and DailyKos posted stories (see below) this afternoon documenting what they are calling a shadow government (13422??) that will be given direct authority over all US regulatory agencies. The executive order included directives that all government heads cease all current procedures for the next 60 days, including a full block on agencies posting anything in the Federal Register that might have policy or economic impacts! (See below for a copy of the EO)
The alternative press has previously announced that Trump brought in people like former New York City Mayor Giuliani
as special consultants, which will more than likely be what DalyKoss is describing as his new shadow government that will have direct power over federal operations, including over the cabinet, all of which is part of 13422. While Common Dreams alert noted that Trump has issues a Blackout of all Federal Agencies concern their activities… (see below for links).
Details of what 13422, were described in a 2007 analysis of what it does:
- The Executive Order Usurped Congressional Authority By Directing Agencies to Justify Regulatory Actions on the Basis of Market Failure. The “market failure” super-mandate appears nowhere in statute. It was not in keeping with the decisional criteria that Congress had established, and it could not be reconciled with the dominant thrust of the health and safety statutes, which are designed to prevent deaths and injuries by avoiding market failure, rather than waiting until it is too late and market failure is evident.
- The Executive Order Unwisely Expanded OIRA’s Authority to Cover Guidance Documents. Whatever the wisdom of centralized OIRA review of binding agency rules, the same arguments do not extend to centralized review of non-binding agency guidance. Hundreds of guidance documents are issued each year, often in response to emergencies or other time-sensitive developments. Requiring agencies to stop dead in their tracks to justify the provision of guidance on “market failure” grounds could not be defended on policy grounds; nor could giving OIRA the authority to meddle in the substance of significant agency guidance.
- The Executive Order Resurrected the Discredited Concept of a Regulatory Budget. The order forbade any agency — even the so-called “independent” agencies — from commencing any rule-making unless the agency’s regulatory plan set forth, among other things, “the agency’s best estimate of the combined aggregated costs and benefits of all its regulations planned for that calendar year.” These estimates gave OIRA the ability to effectively cap the amount of compliance costs an agency could impose in a calendar year, a power OIRA had long coveted. Nothing in the statutes Congress has enacted gave OIRA the right to ration the protection to be provided to the American people through regulation.
- The Executive Order Further Politicized the Regulatory Process. Executive Order 13422 required each agency “to designate one of the agency’s Presidential Appointees” to serve as the agency’s regulatory policy officer. At the same time, the Order greatly expanded the duties of the policy officer, providing that, “[u]nless specifically authorized by the head of the agency, no rulemaking shall commence nor be included on the [agency’s annual regulatory] Plan without the approval” of the policy officer. Nothing in the Order suggested that the political appointee would also be subject to Senate confirmation — a troubling omission. The statutes Congress enacts to delegate power to agencies designate the agency head — and not a subordinate — as the decision-maker. Congress does this to ensure that decisions are made by an official accountable to Congress as well as the President.
Appearing in today ‘s Federal Register (under Office of Management & Budget):
Full Executive Order PDF
Common Dreams — Blackout imposed on US agencies
DailyKos — Trump installs his shadow cabinet to maintain ultimate control over federal agencies:
Progggressive Reform: Overview of Exececutive Order 13422
The National Archives site from an earlier alert, that published daily Federal Register Documents, has been shut down and is no longer working. Links to the Federal Register’s system from that page are not working either.
A back door publishing site for documents to be submitted for tomorrow’s (1–26–17) Federal Register was also shut down earlier today. Dozens of regulations scheduled to be published for tomorrow were deleted. The only place they are available through today is physically at the Federal Register’s offices in Washington D.C.
As per Trump’s order blocking all Obama Rules currently in the pipeline until March, an additional 30 rules in various stages by the EPA have been completely removed, that’s unpublished and deleted with the following editorial:
Editorial Note: EPA requested the withdrawal of this document after it was on public inspection. It will remain on public inspection until the close of business on January 25. A copy of the withdrawal request is available at the Office of the Federal Register
The PDF of Trumps executive order initiating the withdrawal of Obama care is gone. The permalink for the order is still up for now at: https://www.federalregister.gov/documents/2017/01/24/2017-01799/minimizing-the-economic-burden-of-the-patient-protection-and-affordable-care-act-pending-repeal
In addition the “Public Inspection” option that allows the public to review documents to be submitted tomorrow was up earlier this morning but has since been pulled down for Jan. 26th. These documents included all of the above mentioned documents from the Obama administration that were due to be published. Note that the graphical calendar on the right did have docs for the 26th available that has been removed. I copied many of them, but most had already been blanked out. Below is a sample image of the no longer available 1–26 withdrawal notice, in this case from the Transportation Dept.
At present the only place to access Federal Register Notices is at:
Executive Orders are listed here:
Executive Orders are different from Presidential Documents.
Accessing “Presidential Documents” requires clicking on the below highlighted link:
So at least as of today, the Presidential Documents option is still available. Here is a clip of the three documents as shown above:
In addition new tweets on the National Park Service (about Climate) were pulled down, with the claim that the account had been hacked.