Author Topic: Trump signs executive order requiring that for every one new regulation, two must be revoked  (Read 5139 times)

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Offline corbe

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Trump signs executive order requiring that for every one new regulation, two must be revoked

  By Nolan D. McCaskill and Matthew Nussbaum
  | 01/30/17 10:32 AM EST

 
President Donald Trump signed an executive order Monday morning requiring that for every new federal regulation implemented, two must be rescinded.

“This will be the biggest such act that our country has ever seen,” Trump declared moments before signing it in the Oval Office. “There will be regulation, there will be control, but it will be a normalized control where you can open your business and expand your business very easily. And that's what our country has been all about.”

The executive order signing, which fulfills a campaign pledge, comes after the president held a listening session with small-business leaders.

“If you have a regulation you want, No. 1, we’re not gonna approve it because it’s already been approved probably in 17 different forms,” Trump said. “But if we do, the only way you have a chance is we have to knock out two regulations for every new regulation. So if there’s a new regulation, they have to knock out two.”

The president added that “it goes far beyond that.” “We’re cutting regulations massively for small business — and for large business,” he said. “But they're different. But for small business, and that’s what this is about today.”

The executive order calls for agencies to pinpoint “at least two” current regulations to be repealed for each new proposed regulation. And it says the net incremental cost for fiscal 2017 should “be no greater than zero,” meaning the cost of new regulations should be offset by existing rules that will be rescinded.

In a statement from the Roosevelt Room previewing his executive order, Trump had teased that he would be taking action later Monday morning “to begin our effort to dramatically reduce federal regulations.”


<..snip..>

http://www.politico.com/story/2017/01/trump-signs-executive-order-requiring-that-for-every-one-new-regulation-two-must-be-revoked-234365

No government in the 12,000 years of modern mankind history has led its people into anything but the history books with a simple lesson, don't let this happen to you.

Offline truth_seeker

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Conservatives (and libertarians) have supported about this, for decades.

Anybody resisting this simply because it is coming from Trump, are truly unhinged.
"God must love the common man, he made so many of them.�  Abe Lincoln

Offline Bigun

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I'm waiting for the one that directs the entire federal government to research their regulation implementation files from 2008 forward and find all the regulations that were implemented outside the law (without the required report) and declare every single one of those null and void!
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline ABX

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Reasonable action as long as the order only pertains to departments under his jurisdiction.

Offline r9etb

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Trump signs executive order requiring that for every one new regulation, two must be revoked



Not that it's a bad idea, necessarily, but to do it this way is stupid. 

And ... isn't Congress supposed to be involved in some way?  Oh, wait ... is Congress obsolete?
« Last Edit: January 30, 2017, 07:36:24 pm by r9etb »

Offline InHeavenThereIsNoBeer

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And ... isn't Congress supposed to be involved in some way?  Oh, wait ... is Congress obsolete?

As to the first question, he's talking regulations, not laws.

As to the second, yeah, pretty much.
My avatar shows the national debt in stacks of $100 bills.  If you look very closely under the crane you can see the Statue of Liberty.

geronl

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Still waiting for executive amnesty and the ObamaCare fines to be revoked.

Offline don-o

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I had hoped  for three. Major step in the swamp draining.

Offline truth_seeker

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Reasonable action as long as the order only pertains to departments under his jurisdiction.

Everything except Congress and USSC reports to the Potus.
"God must love the common man, he made so many of them.�  Abe Lincoln

Offline don-o

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Reasonable action as long as the order only pertains to departments under his jurisdiction.

Most, if not all, legislation includes a clause that empowers the Executive agencies (EPA, HHA, HHS, etc., ad nauseum) to write specific regs relating to the enforcement of the law. It is a statist's wet dream, except it is reality.


Offline Bigun

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Everything except Congress and USSC reports to the Potus.

And, as far as I know,  neither of those writes regulations.
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

geronl

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And, as far as I know,  neither of those writes regulations.

Yes, but regulations have to be supported by actual laws

Offline r9etb

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As to the first question, he's talking regulations, not laws.

I'm aware of that.  But to do it this way is just stupid. 

This is one of those times where, as the nice lady once put it, "these things must be done delicately."  Instead of slipping into the limpid pools of regulatory reform, he's hitting the water at 100 mph -- and doing so without Congressional cover.

This repeated ham-handedness is squandering whatever political capital he might have had.

Offline ABX

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Everything except Congress and USSC reports to the Potus.

Actually not. The following departments specifically report to the executive branch under a cabinet secretary: https://en.wikipedia.org/wiki/United_States_federal_executive_departments

State
Treasury
Justice
Interior
Ag
Commerce
Labor
Defense
HHS
HUD
Transportation
Energy
Education
VA
Homeland

Seems like a long list, but here are the departments that do not fall under the executive branch via a cabinet (known as independent agencies- these answer to congress). Some are pretty minor, others are yuge (like EPA and Social Security Administration): https://en.wikipedia.org/wiki/Independent_agencies_of_the_United_States_government

    The Central Intelligence Agency (CIA) gathers intelligence and provides national security assessments to policymakers in the United States. It acts as the primary human intelligence provider for the federal government.

    The Commodity Futures Trading Commission (CFTC) regulates commodity futures and option markets in the United States. The agency protects market participants against manipulation, abusive trade practices and fraud. Through effective oversight and regulation, the CFTC enables the markets to serve better their important functions in the nation's economy providing a mechanism for price discovery and a means of offsetting price risk.

    The Consumer Financial Protection Bureau (CFPB) is responsible for consumer protection in the financial sector. Its jurisdiction includes banks, credit unions, securities firms, payday lenders, mortgage-servicing operations, foreclosure relief services, debt collectors, other financial companies operating in the United States.

    The Environmental Protection Agency (EPA) works with state and local governments throughout the United States to control and abate pollution in the air and water and to deal with problems related to solid waste, pesticides, radiation, and toxic substances. The EPA sets and enforces standards for air and water quality, evaluates the impact of pesticides and chemical substances, and manages the "Superfund" program for cleaning toxic waste sites.

    The Federal Communications Commission (FCC) is charged with regulating interstate and international communications by radio, television, wire, satellite, and cable. It licenses radio and television broadcast stations, assigns radio frequencies, and enforces regulations designed to ensure that cable rates are reasonable. The FCC regulates common carriers, such as telephone and telegraph companies, as well as wireless telecommunications service providers.

    The Federal Election Commission (FEC) oversees campaign financing for all federal elections. The Commission oversees election rules as well as reporting of campaign contributions by the candidates.

    The Federal Energy Regulatory Commission (FERC) is the United States federal agency with jurisdiction over interstate electricity sales, wholesale electric rates, hydroelectric licensing, natural gas pricing, and oil pipeline rates. FERC also reviews and authorizes liquefied natural gas (LNG) terminals, interstate natural gas pipelines and non-federal hydropower projects.
    The Federal Maritime Commission (FMC) regulates the international ocean transportation of the United States. It is charged with ensuring a competitive, efficient, and economic ocean transportation system.[13]

    The Federal Reserve Board of Governors is the governing body of the Federal Reserve System (frequently referred to as "the Fed"[14]), the central bank of the United States. It conducts the nation's monetary policy by influencing the volume of credit and money in circulation. The Federal Reserve regulates private banking institutions, works to contain systemic risk in financial markets, and provides certain financial services to the U.S. government, the public, and financial institutions.

    The Federal Retirement Thrift Investment Board (FRTIB) is one of the smaller Executive Branch agencies, with just over 100 employees. It was established to administer the Thrift Savings Plan (TSP), which provides Federal employees the opportunity to save for additional retirement security. The Thrift Savings Plan is a tax-deferred defined contribution plan similar to a private sector 401(k) plan.

    The Federal Trade Commission (FTC) enforces federal antitrust and consumer protection laws by investigating complaints against individual companies initiated by consumers, businesses, congressional inquiries, or reports in the media. The commission seeks to ensure that the nation's markets function competitively by eliminating unfair or deceptive practices.

    The General Services Administration (GSA) is responsible for the purchase, supply, operation, and maintenance of federal property, buildings, and equipment, and for the sale of surplus items. GSA also manages the federal motor vehicle fleet and oversees telecommuting centers and civilian child care centers.

    The International Trade Commission (ITC) provides trade expertise to both the legislative and executive branches of government, determines the impact of imports on U.S. industries, and directs actions against certain unfair trade practices, such as patent, trademark, and copyright infringement.

    The National Archives and Records Administration (NARA) preserves the nation's history by overseeing the management of all federal records. The holdings of the National Archives include original textual materials, motion picture films, sound and video recordings, maps, still pictures, and computer data. The Declaration of Independence, the U.S. Constitution, and the Bill of Rights are preserved and displayed at the National Archives building in Washington, D.C.

    The National Aeronautics and Space Administration (NASA) is a U.S Government Space Agency that is responsible for the civilian space program as well as aeronautics and aerospace research.

    The National Labor Relations Board (NLRB) administers the principal United States labor law, the National Labor Relations Act. The board is vested with the power to prevent or remedy unfair labor practices and to safeguard employees' rights to organize and determine through elections whether to have a union as their bargaining representative.

    The National Transportation Safety Board (NTSB) investigates all aviation accidents in the United States, and certain major railroad and other accidents.[15]

    The Nuclear Regulatory Commission (NRC) was established by the Energy Reorganization Act of 1974 from the United States Atomic Energy Commission, and was first opened January 19, 1975. The NRC oversees reactor safety and security, reactor licensing and renewal, radioactive material safety, and spent fuel management (storage, security, recycling, and disposal).

    The National Science Foundation (NSF) is a United States government agency that supports fundamental research and education in all the non-medical fields of science and engineering.

    The Postal Regulatory Commission (PRC) was created in 1971 as the Postal Rate Commission and strengthened under the Postal Accountability and Enhancement Act enacted in December 2006. Provides regulatory oversight over the activities of the United States Postal Service.

    The Securities and Exchange Commission (SEC) was established to protect investors who buy stocks and bonds. Federal laws require companies that plan to raise money by selling their own securities to file reports about their operations with the SEC, so that investors have access to all material information. The commission has powers to prevent or punish fraud in the sale of securities and is authorized to regulate stock exchanges.

    The Selective Service System (SSS) is an independent federal agency operating with permanent authorization under the Military Selective Service Act (50 U.S.C. App. 451 et seq.). It is not part of the Department of Defense; however, it exists to serve the emergency manpower needs of the Military by conscripting untrained men, or personnel with professional health care skills, if directed by Congress and the President in a national crisis. Its statutory missions also include being ready to administer an alternative service program, in lieu of military service for men classified as conscientious objectors.

    The Small Business Administration (SBA) was created in 1953 to advise, assist, and protect the interests of small business concerns. The SBA guarantees loans to small businesses, aids victims of floods and other natural disasters, promotes the growth of minority-owned firms, and helps secure contracts for small businesses to supply goods and services to the federal government.

    The Smithsonian Institution (SI) is an independent establishment of the United States created by an act of Congress August 10, 1846. The SI conducts scientific and scholarly research; publishes the results of studies, explorations, and investigations; organizes exhibits representative of the arts, the sciences, American history, and world culture as well as engages in educational programming and national and international cooperative research. Most of the National Museums in Washington, DC are part of the Smithsonian.

    The Social Security Administration (SSA) is the United States federal agency that administers Social Security, a social insurance program consisting of retirement, disability, and survivors' benefits. To qualify for these benefits, most American workers pay Social Security taxes on their earnings; future benefits are based on the employees' contributions.

    The Surface Transportation Board (STB) was created in the ICC Termination Act of 1995 and is the successor agency to the Interstate Commerce Commission. The STB is an economic regulatory agency that Congress charged with resolving railroad rate and service disputes and reviewing proposed railroad mergers. The STB is decisionally independent, although it is administratively affiliated with the Department of Transportation.

    The United States Postal Service (USPS) is defined by statute as an "independent establishment" of the federal government, which replaced the Cabinet-level Post Office Department in 1971. The Postal Service is responsible for the collection, transportation, and delivery of the mails, and for the operation of thousands of local post offices across the country. It also provides international mail service through the Universal Postal Union and other agreements with foreign countries.

    Other independent agencies: the National Credit Union Administration (NCUA) and the Consumer Product Safety Commission (CPSC).




Offline ABX

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Not that it's a bad idea, necessarily, but to do it this way is stupid. 

And ... isn't Congress supposed to be involved in some way?  Oh, wait ... is Congress obsolete?

See post above this, separates out departments under Executive Branch versus independent that answers to Congress.

Offline Norm Lenhart

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I'm aware of that.  But to do it this way is just stupid. 

This is one of those times where, as the nice lady once put it, "these things must be done delicately."  Instead of slipping into the limpid pools of regulatory reform, he's hitting the water at 100 mph -- and doing so without Congressional cover.

This repeated ham-handedness is squandering whatever political capital he might have had.

He does not require cover on this. He is acting fully within the authority of his office.

Offline Bigun

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Turnabout: Using federal law, Trump can hoist Obama’s regulatory legacy on its own petard

http://libertyunyielding.com/2017/01/28/turnabout-using-federal-law-trump-can-hoist-obamas-regulatory-legacy-petard/

Excerpt: On 26 January, Kimberley Strassel posted a column at the Wall Street Journal outlining how Congress could undo much of the Obama regulatory legacy with a series of simple votes to reject the new regulations.  In fact, the regulations don’t even have to be that new.  They just have to (mostly) be unreported to Congress as of yet; that is, lacking the official “report to Congress” required for each new rule by the Congressional Review Act (CRA) of 1996.  (Congress can also act on any new rules for which an official report was filed by an agency, but less than 60 legislative days prior to the vote.  As Strassel notes, that will cover some big ones issued at the very end of the Obama presidency.)

Conveniently for the approach outlined by Strassel, it turns out that not “officially reporting” new rules to Congress became epidemic during the Obama administration.

First, however, let’s let Strassel describe the mechanism that ties congressional review — and a potential vote to simply reject a new rule — to the “official report” requirement.

Quote
Here’s how it works: It turns out that the first line of the CRA requires any federal agency promulgating a rule to submit a “report” on it to the House and Senate. The 60-day clock starts either when the rule is published or when Congress receives the report—whichever comes later.

“There was always intended to be consequences if agencies didn’t deliver these reports,” Mr. Gaziano [one of the authors of the CRA] tells me. “And while some Obama agencies may have been better at sending reports, others, through incompetence or spite, likely didn’t.” Bottom line: There are rules for which there are no reports. And if the Trump administration were now to submit those reports—for rules implemented long ago—Congress would be free to vote the regulations down.

In other words, Trump can finally submit all the missing reports.  That will start the 60-day clock.  And the Republicans, who own both houses of Congress, can start rejecting the undesirable — costly, unworkable, overreaching, job-killing — new rules added under Obama, one after the other.

How big a reversal of the Obama regulatory steamroller are we talking about?  There isn’t a lot out there on the very arcane topic of “official-report filing for the CRA requirement.”  But a study of the matter was done in 2014, and it found that official-report filing had fallen dramatically under Obama.  The Obama administration was filing far fewer reports with Congress than it was promulgating new rules in the Federal Register.

In fact, in 2011, the Obama administration had the GAO stop keeping comprehensive track of new rules versus official reports on them, as the Accounting Office had been doing since 1997.  The 2014 study summarizes how the numbers plummeted as a consequence of the Obama administration’s practices (p. 2 at PDF link above):


« Last Edit: January 30, 2017, 08:11:10 pm by Bigun »
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline don-o

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Actually not. 

Good info. Things are worse than I thought.

Offline r9etb

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He does not require cover on this. He is acting fully within the authority of his office.

He's acting like a bull in a china shop, and it's going to cost him.

He does need Congressional cover on this: he needs them on-board both in terms of creating and maintaining a favorable Congressional oversight role; and also as the means to begin meaningful regulatory reform, which must happen through Congress.

Offline ABX

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Good info. Things are worse than I thought.

Its a cluster and a half.

This was a big issue early on in Obama's presidency when he was issuing orders for departments like the EPA that fall under Congress. Some threw a fit because it wasn't in his cabinet jurisdiction.

However, it is one of those things where a combination of it being too complicated for the average Joe to understand and no one wanting to challenge Obama so it became normal through not being challenged.

BUT, to get back to a limited Constitutional government, that means limiting the centralized power of the government across the board. Not just bestowing more centralized power on one branch because we happen to like who runs that branch at the moment.

Offline Bigun

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Good info. Things are worse than I thought.

The left has had many many years to undermine our form of government!  Anyone who thinks that putting the genie back in the bottle is going to be easily or quickly done had better think again!
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline Norm Lenhart

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He's acting like a bull in a china shop, and it's going to cost him.

He does need Congressional cover on this: he needs them on-board both in terms of creating and maintaining a favorable Congressional oversight role; and also as the means to begin meaningful regulatory reform, which must happen through Congress.
Yes he is. I agree. However he is within his authority until such time as he oversteps it (trying to apply it OUTSIDE his lawful authority.)

Three points:

One: A bull in a China shop was the exact phrase many here and elsewhere used to justify their support of Trump and that should be remembered and pointed out to his voters who conveniently forgot that now that he is actually doing it.

Two: Personally, although I did not support Trump, I FULLY agree that the full power of his office should be brought to bear.

Three: It's too late to shed tears. Trump entered the office with no support from any of the left and damn little from most of the right. People should have considered that when pulling the lever.

geronl

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He's acting like a bull in a china shop, and it's going to cost him.

He does need Congressional cover on this: he needs them on-board both in terms of creating and maintaining a favorable Congressional oversight role; and also as the means to begin meaningful regulatory reform, which must happen through Congress.

Who gets to decide which regulations get revoked? I think Congress should.

Offline don-o

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The left has had many many years to undermine our form of government!  Anyone who thinks that putting the genie back in the bottle is going to be easily or quickly done had better think again!
At today's press brief, Spicer brushed off a question about a rumored religious liberty EO. That's bound to be another yuge deal.

Bannon, you Magnificent Bastard!

Offline don-o

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Who gets to decide which regulations get revoked? I think Congress should.

Congress did not write them. Those who made the mess are tasked to clean it up.