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The Capricious Non partisan Government Arbitrary Action thread.

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States provide almost half of Medicaid funding.
A 2016 NBER paper found that Medicaid has substantial positive long-term effects on the health of recipients: "Early childhood Medicaid eligibility reduces mortality and disability and, for whites, increases extensive margin labor supply, and reduces receipt of disability transfer programs and public health insurance up to 50 years later. Total income does not change because earnings replace disability benefits."[80] The government recoups its investment in Medicaid through savings on benefit payments later in life and greater payment of taxes because recipients of Medicaid are healthier: "The government earns a discounted annual return of between 2 and 7 percent on the original cost of childhood coverage for these cohorts, most of which comes from lower cash transfer payments."[80]


The Medicaid program was established in 1965 specifically to help assist with medical cost for the poor and elderly and be used in conjunction with State programs.


To the Congress of the United States:

In 1787, Thomas Jefferson wrote that, "Without health there is no happiness. An attention to health, then, should take the place of every other object."

That priority has remained fixed in both the private and public values of our society through generations of Americans since.

Our rewards have been immeasurably bountiful. "An attention to health"--of the individual, the family, the community and the nation--has contributed to the vitality and efficiency of our system as well as to the happiness and prosperity of our people.

Today, at this point in our history, we are privileged to contemplate new horizons of national advance and achievement in many sectors. But it is imperative that we give first attention to our opportunities--and our obligations--for advancing the nation's health. For the health of our people is, inescapably, the foundation for fulfillment of all our aspirations.

In these years of the 1960's, we live as beneficiaries of this century's great--and continuing--revolution of medical knowledge and capabilities. Smallpox, malaria, yellow fever and typhus are conquered in this country. Infant deaths have been reduced by half every two decades. Poliomyelitis which took 3,154 lives so recently as 1952 cost only five lives in 1964. Over the brief span of the past two decades, death rates have been reduced for influenza by 88 percent, tuberculosis by 87 percent, rheumatic fever by 90 percent.

A baby born in America today has a life expectancy half again as long as those born in the year the Twentieth Century began. The successes of the century are many. The pace of medical progress is rapid. The potential for the future is unlimited. But we must not allow the modern miracles of medicine to mesmerize us. The work most needed to advance the nation's health will not be done for us by miracles. We must undertake that work ourselves through practical, prudent and patient programs--to put more firmly in place the foundation for the healthiest, happiest and most hopeful society in the history of man.

Our first concern must be to assure that the advance of medical knowledge leaves none behind. We can--and we must-strive now to assure the availability of and accessibility to the best health care for all Americans, regardless of age or geography or economic status.

With this as our goal, we must strengthen our nation's health facilities and services, assure the adequacy and quality of our health manpower, continue to assist our States and communities in meeting their health responsibilities, and respond alertly to the new hazards of our new and complex environment.

We must, certainly, continue and intensify our health research and research facilities. Despite all that has been done, we cannot be complacent before the facts that:

--Forty-eight million people now living will become victims of cancer.

--Nearly 15 million people suffer from heart disease and this, together with strokes, accounts for more than half the deaths in the United States each year.

--Twelve million people suffer arthritis and rheumatic disease and 10 million are burdened with neurological disorders.

--Five and one-half million Americans are afflicted by mental retardation and the number increases by 126,000 new cases each year.

In our struggle against disease, great advances have been made, but the battle is far from won. While that battle will not end in our lifetime--or anytimes to come--we have the high privilege and high promise of making longer strides forward now than any other generation of Americans.

The measures I am outlining today will carry us forward in the oldest tradition of our society--to give "an attention to health" for all our people. Our advances, thus far, have been most dramatic in the field of health knowledge. We are challenged now to give attention to advances in the field of health care--and this is the emphasis of the recommendations I am placing before you at this time.

I. REMOVING BARRIERS TO HEALTH CARE In this century, medical scientists have done much to improve human health and prolong human life. Yet as these advances come, vital segments of our populace are being left behind--behind barriers of age, economics, geography or community resources. Today the political community is challenged to help all our people surmount these needless barriers to the enjoyment of the promise and reality of better health.

A. Hospital Insurance for the Aged

Thirty years ago, the American people made a basic decision that the later years of life should not be years of despondency and drift. The result was enactment of our Social Security program, a program now fixed as a valued part of our national life. Since World War II, there has been increasing awareness of the fact that the full value of Social Security would not be realized unless provision were made to deal with the problem of costs of illnesses among our older citizens.

I believe this year is the year when, with the sure knowledge of public support, the Congress should enact a hospital insurance program for the aged.

The facts of the need are well and widely known.


I ask that our Social Security system-proved and tested by three decades of successful operation--be extended to finance the cost of basic health services. In this way, the specter of catastrophic hospital bills can be lifted from the lives of our older citizens. I again strongly urge the Congress to enact a hospital insurance program for the aged. Such a program should:

--Be financed under social security by regular, modest contributions during working years;

--Provide protection against the costs of hospital and post-hospital extended care, home nursing services, and outpatient diagnostic services;

--Provide similar protection to those who are not now covered by social security, with the costs being paid from the administrative budget;

--Clearly indicate that the plan in no way interferes with the patient's complete freedom to select his doctor or hospital.

Like our existing social security cash retirement benefits, this hospital insurance plan will be a basic protection plan. It should cover the heaviest cost elements in serious illnesses. In addition, we should encourage private insurance to provide supplementary protection.

I consider this measure to be of utmost urgency. Compassion and reason dictate that this logical extension of our proven social security system will supply the prudent, feasible and dignified way to free the aged from the fear of financial hardship in the event of illness.

Also, I urge all States to provide adequate medical assistance under the existing Kerr-Mills program for the aged who cannot afford to meet the noninsured costs.

B. Better Health Services for Children and Youth

America's tradition of compassion for the aged is matched by our traditional devotion to our most priceless resource of all--our young. Today, far more than many realize, there are great and growing needs among our children for better health services.

--Acute illness strikes children under 15 nearly twice as frequently as it does adults.

--One in 5 children under age 17 is afflicted with a chronic ailment.

--Three out of every 100 children suffer some form of paralysis or orthopedic impairment.

--At least 2,000,000 children are mentally retarded, with a higher concentration of them from poor families.

--Four million children are emotionally disturbed.

--At age 15, the average child has more than 10 decayed teeth.

If the health of our Nation is to be substantially improved in the years to come, we must improve the care of the health of our 75 million preschool and school-age children and youth.

There is much to do if we are to make available the medical and dental services our rising generation needs. Nowhere are the needs greater than for the 15 million children of families who live in poverty.

--Children in families with incomes of less than $2,000 are able to visit a doctor only half as frequently as those in families with incomes of more than $7,000.

--Public assistance payments for medical services to the 3 million needy children receiving Dependent Children's benefits throughout the Nation average only $2.80 a month, and in some States such medical benefits are not provided at all.

--Poor families increasingly are forced to turn to overcrowded hospital emergency rooms and to overburdened city clinics as their only resource to meet their routine health needs.

Military entrance examinations reveal the consequences. Half of those rejected cannot pass the medical tests. Three-fourths of them would benefit from treatment, and earlier treatment would greatly increase recovery and decrease life-long disability.

The States and localities bear the major responsibility for providing modern medical care to our children and youth. But the Federal Government can help. I recommend legislation to:

--Increase the authorizations for maternal and child health and crippled children's services, earmarking funds for project grants to provide health screening and diagnosis for children of preschool and school age, as well as treatment and follow-up care services for disabled children and youth. This should include funds to help defray the operational costs of university-affiliated mental retardation clinical centers. Provisions should also be made for the training of personnel who will operate medical facilities for children.

--Broaden the public assistance program to permit specific Federal participation in paying costs of medical and dental care for children in medically needy families, similar to the Kerr-Mills program for the aged.

--Extend the grant programs for (a) family health services and clinics for domestic agricultural migratory workers and their children and (b) community vaccination assistance.

C. Improved Community Mental Health Services

Mental illness afflicts one out of ten Americans, fills nearly one-half of all the hospital beds in the Nation, and costs $3 billion annually. Fortunately, we are entering a new era in the prevention, treatment, and care of mental illness. Mere custodial care of patients in large, isolated asylums is clearly no longer appropriate. Most patients can be cared for and cured in their own communities.

An important beginning toward community preparation has been made through the legislation enacted by the 88th Congress authorizing aid for constructing community mental health centers. But facilities alone cannot assure services.

--It has been estimated that at least 10,000 more psychiatrists are needed.

--Few communities have the funds to support adequate programs, particularly during the first years.

--Communities with the greatest needs hesitate to build centers without being able to identify the source of operating funds.

--Most of the people in need are children, the aged, or patients with low incomes.

I therefore recommend legislation to authorize a 5-year program of grants for the initial costs of personnel to man community mental health centers which older comprehensive services.

D. A New Life for the Disabled

Today, we are rehabilitating about 120,000 disabled persons each year. I recommend a stepped-up program to overcome this costly waste of human resources. My 1966 budget will propose increased funds to rehabilitate an additional 25,000.

Our goal should be at least 200,000 a year. I recommend legislation to authorize:

--Project grants to help States expand their services.

--Special Federal matching so that rehabilitative services can be provided to a greater number of the mentally retarded and other seriously disabled individuals.

--Construction and modernization of workshops and rehabilitation centers.

II, STRENGTHENING THE NATION'S HEALTH FACILITIES AND SERVICES In our urbanized society today, the availability of health care depends uniquely upon the availability and accessibility of modern facilities, located in convenient and efficient places, and on well organized and adequately supported services. The lack of such facilities and services is, of itself, a barrier to good health care.

A. Multi-purpose Regional Medical Complexes

In this century, we have made more advance than in all other centuries toward overcoming diseases which have taken the heaviest toll of human life. Today we are challenged to meet and master the three killers which alone account for 7 out of 10 deaths in the United States each year--heart disease, cancer and stroke. The Commission on Heart Disease, Cancer and Stroke has pointed the way for us toward that goal.

The newest and most effective diagnostic methods and the most recent and most promising methods of treatment often require equipment or skills of great scarcity and expense such as,

--open heart surgery,

--advanced and very high voltage radiation therapy,

--advanced disease detection methods.

It is not necessary for each hospital or clinic to have such facilities, equipment, or services, but it is essential that every patient requiring such specialized and expensive procedures and services have access to them. Multi-purpose medical complexes can meet these needs. They would:

--speed the application of research knowledge to patient care, so as to turn otherwise hollow laboratory triumphs into health victories,

--save thousands of lives now needlessly taken annually by the three great killers-heart disease, cancer and stroke--and by other major diseases.

A plan to improve our attack upon these major causes of death and disability should become a part of the fabric of our regional and community health services. The services provided under this plan will help the practicing physician keep in touch with the latest medical knowledge and by making available to him the latest techniques, specialized knowledge, and the most efficient methods.

To meet these objectives, such complexes should:

--Be regional in scope.

--Provide services for a variety of diseases--heart disease, cancer, stroke, and other major illnesses.

--Be affiliated with medical schools, teaching hospitals and medical centers.

--Be supported by diagnostic services in community hospitals.

--Provide diagnosis and treatment of patients, together with research and teaching in a coordinated system.

--Permit clinical trial of advanced techniques and drugs.

Medical complexes--consisting of regional organizations of medical schools, teaching hospitals, and treatment centers tied into community diagnostic and treatment facilities-represent a new kind of organization for providing coordinated teaching, research and patient care. When we consider that the economic cost of heart disease alone amounts to 540,000 lost man years annually-worth some $2.5 billion--the urgency and value of effective action is unmistakable.

Action on this new approach, stemming from recommendations of the Commission on Heart Disease, Cancer and Stroke, will provide significant improvements in many fields of medicine.

I recommend legislation to authorize a 5-year program of project grants to develop multi-purpose regional medical complexes for an all out attack on heart disease, cancer, stroke, and other major diseases


A. Health Grants to Communities and States

In safeguarding and advancing the nation's health, States and communities have long had special responsibilities. General and special purpose health grants have proved an effective means of strengthening the Federal Government's partnership with them in improving the public health.

I have directed the Secretary of Health, Education, and Welfare to study these programs thoroughly and to recommend to me necessary legislation to increase their usefulness.

Authorizations for many of these programs expire at the close of fiscal year 1966. So that a thorough review may be made, I recommend that the Congress extend the authorizations through June 30, 1967.

B. Consumers Health Protection

Modernization of the Federal Food, Drag and Cosmetic Act is imperative if our health protection program is to keep pace with the technological and industrial advances of recent years.



Yet, despite recent improvements in food and drug legislation, serious gaps in our ability to protect the consumer still exist. The law should be strengthened to provide adequate authority in the regulation of nonprescription drugs, medical devices, cosmetics, and food.

Narcotics are not alone among the hazardous, habit-forming drugs subject to improper use. Barbiturates, amphetamines, and other drugs have harmful effects when improperly used. Widespread traffic resulting from inadequate controls over the manufacture, distribution, and sale of these drugs is creating a growing problem which must be met. We must also counter the threat from counterfeit drugs.

I recommend legislation to bring the production and distribution of barbiturates, amphetamines, and other psycho-toxic drugs under more effective control.

For the fuller protection of our families, I recommend legislation to require:

--Adequate labeling of hazardous substances.

--Safety regulation of cosmetics and therapeutic devices by pre-marketing examination by the Food and Drug Administration.

--Authority to seize counterfeit drugs at their source.

CONCLUSION I believe we have come to a rare moment of opportunity and challenge in the evolution of our society. In the message I have presented to you--and in other messages I shall be sending--my purpose is to outline the attainable horizons of a greater society which a confident and prudent people can begin to build for the future.

Whatever we aspire to do together, our success in those enterprises--and our enjoyment of the fruits that result--will rest finally upon the health of our people. We cannot and we will not overcome all the barriers--or surmount all the obstacles--in one effort, no matter how intensive. But in all the sectors I have mentioned we are already behind our capability and our potential. Further delay will only compound our problems and deny our people the health and happiness that could be theirs.

The Eighty-eighth Congress wrote a proud and significant record of accomplishment in the field of health legislation. I have every confidence that this Congress will write an even finer record that will be remembered with honor by generations of Americans to Come,

LYNDON B. JOHNSON
The White House
January 7, 1965
http://www.presidency.ucsb.edu/ws/?pid=27240

-Condensed due to posting limitations
 
Trump appoints Army Lt. Gen. McMaster as his new NSA.

http://www.foxnews.com/politics/201...-r-mcmaster-as-national-security-adviser.html

@King Stannis -- it seems he was a tanker. Do you know anything about this guy?

He is a great officer. He was the lead company commander at the Battle of 73 Easting during Desert Storm. He helped write the counter-insurgency manual with Petreus.

He has a PhD and wrote Dereliction of Duty about the Vietnam War. Never met him but everyone says he is smart. Very smart.

Edit: And just so you can hear me say it:

This is objectively a very good pick. LTG McMaster should have been Trump's first choice, not crazy-pants Flynn.
 
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He is a great officer. He was the lead company commander at the Battle of 73 Easting during Desert Storm. He helped write the counter-insurgency manual with Petreus.

He has a PhD and wrote Dereliction of Duty about the Vietnam War. Never met him but everyone says he is smart. Very smart.

Edit: And just so you can hear me say it:

This is objectively a very good pick. LTG McMaster should have been Trump's first choice, not crazy-pants Flynn.

Good to know -- I wasn't a fan of Flynn myself, though admittedly everything I knew about the guy was third hand.
 
Presidential Executive Order on Enforcing the Regulatory Reform Agenda
EXECUTIVE ORDER

- - - - - - -

ENFORCING THE REGULATORY REFORM AGENDA

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to lower regulatory burdens on the American people by implementing and enforcing regulatory reform, it is hereby ordered as follows:

Section 1. Policy. It is the policy of the United States to alleviate unnecessary regulatory burdens placed on the American people.

Sec. 2. Regulatory Reform Officers. (a) Within 60 days of the date of this order, the head of each agency, except the heads of agencies receiving waivers under section 5 of this order, shall designate an agency official as its Regulatory Reform Officer (RRO). Each RRO shall oversee the implementation of regulatory reform initiatives and policies to ensure that agencies effectively carry out regulatory reforms, consistent with applicable law. These initiatives and policies include:

(i) Executive Order 13771 of January 30, 2017 (Reducing Regulation and Controlling Regulatory Costs), regarding offsetting the number and cost of new regulations;

(ii) Executive Order 12866 of September 30, 1993 (Regulatory Planning and Review), as amended, regarding regulatory planning and review;

(iii) section 6 of Executive Order 13563 of January 18, 2011 (Improving Regulation and Regulatory Review), regarding retrospective review; and

(iv) the termination, consistent with applicable law, of programs and activities that derive from or implement Executive Orders, guidance documents, policy memoranda, rule interpretations, and similar documents, or relevant portions thereof, that have been rescinded.

(b) Each agency RRO shall periodically report to the agency head and regularly consult with agency leadership.

Sec. 3. Regulatory Reform Task Forces. (a) Each agency shall establish a Regulatory Reform Task Force composed of:

(i) the agency RRO;

(ii) the agency Regulatory Policy Officer designated under section 6(a)(2) of Executive Order 12866;

(iii) a representative from the agency's central policy office or equivalent central office; and

(iv) for agencies listed in section 901(b)(1) of title 31, United States Code, at least three additional senior agency officials as determined by the agency head.

(b) Unless otherwise designated by the agency head, the agency RRO shall chair the agency's Regulatory Reform Task Force.

(c) Each entity staffed by officials of multiple agencies, such as the Chief Acquisition Officers Council, shall form a joint Regulatory Reform Task Force composed of at least one official described in subsection (a) of this section from each constituent agency's Regulatory Reform Task Force. Joint Regulatory Reform Task Forces shall implement this order in coordination with the Regulatory Reform Task Forces of their members' respective agencies.

(d) Each Regulatory Reform Task Force shall evaluate existing regulations (as defined in section 4 of Executive Order 13771) and make recommendations to the agency head regarding their repeal, replacement, or modification, consistent with applicable law. At a minimum, each Regulatory Reform Task Force shall attempt to identify regulations that:

(i) eliminate jobs, or inhibit job creation;

(ii) are outdated, unnecessary, or ineffective;

(iii) impose costs that exceed benefits;

(iv) create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies;

(v) are inconsistent with the requirements of section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note), or the guidance issued pursuant to that provision, in particular those regulations that rely in whole or in part on data, information, or methods that are not publicly available or that are insufficiently transparent to meet the standard for reproducibility; or

(vi) derive from or implement Executive Orders or other Presidential directives that have been subsequently rescinded or substantially modified.

(e) In performing the evaluation described in subsection (d) of this section, each Regulatory Reform Task Force shall seek input and other assistance, as permitted by law, from entities significantly affected by Federal regulations, including State, local, and tribal governments, small businesses, consumers, non-governmental organizations, and trade associations.

(f) When implementing the regulatory offsets required by Executive Order 13771, each agency head should prioritize, to the extent permitted by law, those regulations that the agency's Regulatory Reform Task Force has identified as being outdated, unnecessary, or ineffective pursuant to subsection (d)(ii) of this section.

(g) Within 90 days of the date of this order, and on a schedule determined by the agency head thereafter, each Regulatory Reform Task Force shall provide a report to the agency head detailing the agency's progress toward the following goals:

(i) improving implementation of regulatory reform initiatives and policies pursuant to section 2 of this order; and

(ii) identifying regulations for repeal, replacement, or modification.

Sec. 4. Accountability. Consistent with the policy set forth in section 1 of this order, each agency should measure its progress in performing the tasks outlined in section 3 of this order.

(a) Agencies listed in section 901(b)(1) of title 31, United States Code, shall incorporate in their annual performance plans (required under the Government Performance and Results Act, as amended (see 31 U.S.C. 1115(b))), performance indicators that measure progress toward the two goals listed in section 3(g) of this order. Within 60 days of the date of this order, the Director of the Office of Management and Budget (Director) shall issue guidance regarding the implementation of this subsection. Such guidance may also address how agencies not otherwise covered under this subsection should be held accountable for compliance with this order.

(b) The head of each agency shall consider the progress toward the two goals listed in section 3(g) of this order in assessing the performance of the Regulatory Reform Task Force and, to the extent permitted by law, those individuals responsible for developing and issuing agency regulations.

Sec. 5. Waiver. Upon the request of an agency head, the Director may waive compliance with this order if the Director determines that the agency generally issues very few or no regulations (as defined in section 4 of Executive Order 13771). The Director may revoke a waiver at any time. The Director shall publish, at least once every 3 months, a list of agencies with current waivers.

Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.


DONALD J. TRUMP

THE WHITE HOUSE,
February 24, 2017
 
What is this data that is publicly unavailable or not transparent?

I thinkVI is an indicator that Trump is gonna be doing a major cleansing and modification of existing EO's from the past.

I really don't have a problem with outdated or ineffective regulations.. who these regulation czars although on one hadn its the agencies selecting their own RRO officer. Those heads are appointed by Trump. so they may have or may not have experience with that agencies function.

Regulations shouldn't be determined valid on whether or not they inhibit job creation.
 
Presidential Executive Order on Enforcing the Regulatory Reform Agenda
EXECUTIVE ORDER

- - - - - - -

ENFORCING THE REGULATORY REFORM AGENDA

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to lower regulatory burdens on the American people by implementing and enforcing regulatory reform, it is hereby ordered as follows:

Section 1. Policy. It is the policy of the United States to alleviate unnecessary regulatory burdens placed on the American people.

Sec. 2. Regulatory Reform Officers. (a) Within 60 days of the date of this order, the head of each agency, except the heads of agencies receiving waivers under section 5 of this order, shall designate an agency official as its Regulatory Reform Officer (RRO). Each RRO shall oversee the implementation of regulatory reform initiatives and policies to ensure that agencies effectively carry out regulatory reforms, consistent with applicable law. These initiatives and policies include:

(i) Executive Order 13771 of January 30, 2017 (Reducing Regulation and Controlling Regulatory Costs), regarding offsetting the number and cost of new regulations;

(ii) Executive Order 12866 of September 30, 1993 (Regulatory Planning and Review), as amended, regarding regulatory planning and review;

(iii) section 6 of Executive Order 13563 of January 18, 2011 (Improving Regulation and Regulatory Review), regarding retrospective review; and

(iv) the termination, consistent with applicable law, of programs and activities that derive from or implement Executive Orders, guidance documents, policy memoranda, rule interpretations, and similar documents, or relevant portions thereof, that have been rescinded.

(b) Each agency RRO shall periodically report to the agency head and regularly consult with agency leadership.

Sec. 3. Regulatory Reform Task Forces. (a) Each agency shall establish a Regulatory Reform Task Force composed of:

(i) the agency RRO;

(ii) the agency Regulatory Policy Officer designated under section 6(a)(2) of Executive Order 12866;

(iii) a representative from the agency's central policy office or equivalent central office; and

(iv) for agencies listed in section 901(b)(1) of title 31, United States Code, at least three additional senior agency officials as determined by the agency head.

(b) Unless otherwise designated by the agency head, the agency RRO shall chair the agency's Regulatory Reform Task Force.

(c) Each entity staffed by officials of multiple agencies, such as the Chief Acquisition Officers Council, shall form a joint Regulatory Reform Task Force composed of at least one official described in subsection (a) of this section from each constituent agency's Regulatory Reform Task Force. Joint Regulatory Reform Task Forces shall implement this order in coordination with the Regulatory Reform Task Forces of their members' respective agencies.

(d) Each Regulatory Reform Task Force shall evaluate existing regulations (as defined in section 4 of Executive Order 13771) and make recommendations to the agency head regarding their repeal, replacement, or modification, consistent with applicable law. At a minimum, each Regulatory Reform Task Force shall attempt to identify regulations that:

(i) eliminate jobs, or inhibit job creation;

(ii) are outdated, unnecessary, or ineffective;

(iii) impose costs that exceed benefits;

(iv) create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies;

(v) are inconsistent with the requirements of section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note), or the guidance issued pursuant to that provision, in particular those regulations that rely in whole or in part on data, information, or methods that are not publicly available or that are insufficiently transparent to meet the standard for reproducibility; or

(vi) derive from or implement Executive Orders or other Presidential directives that have been subsequently rescinded or substantially modified.

(e) In performing the evaluation described in subsection (d) of this section, each Regulatory Reform Task Force shall seek input and other assistance, as permitted by law, from entities significantly affected by Federal regulations, including State, local, and tribal governments, small businesses, consumers, non-governmental organizations, and trade associations.

(f) When implementing the regulatory offsets required by Executive Order 13771, each agency head should prioritize, to the extent permitted by law, those regulations that the agency's Regulatory Reform Task Force has identified as being outdated, unnecessary, or ineffective pursuant to subsection (d)(ii) of this section.

(g) Within 90 days of the date of this order, and on a schedule determined by the agency head thereafter, each Regulatory Reform Task Force shall provide a report to the agency head detailing the agency's progress toward the following goals:

(i) improving implementation of regulatory reform initiatives and policies pursuant to section 2 of this order; and

(ii) identifying regulations for repeal, replacement, or modification.

Sec. 4. Accountability. Consistent with the policy set forth in section 1 of this order, each agency should measure its progress in performing the tasks outlined in section 3 of this order.

(a) Agencies listed in section 901(b)(1) of title 31, United States Code, shall incorporate in their annual performance plans (required under the Government Performance and Results Act, as amended (see 31 U.S.C. 1115(b))), performance indicators that measure progress toward the two goals listed in section 3(g) of this order. Within 60 days of the date of this order, the Director of the Office of Management and Budget (Director) shall issue guidance regarding the implementation of this subsection. Such guidance may also address how agencies not otherwise covered under this subsection should be held accountable for compliance with this order.

(b) The head of each agency shall consider the progress toward the two goals listed in section 3(g) of this order in assessing the performance of the Regulatory Reform Task Force and, to the extent permitted by law, those individuals responsible for developing and issuing agency regulations.

Sec. 5. Waiver. Upon the request of an agency head, the Director may waive compliance with this order if the Director determines that the agency generally issues very few or no regulations (as defined in section 4 of Executive Order 13771). The Director may revoke a waiver at any time. The Director shall publish, at least once every 3 months, a list of agencies with current waivers.

Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.


DONALD J. TRUMP

THE WHITE HOUSE,
February 24, 2017

I like that idea. Have a senior officer (and appropriate underlings) in each cabinet department whose focus is on eliminating regulations, not drafting new ones. It's kind of amazing that doesn't already exist, but it actually doesn't. Get recommendations from the public, etc..
 
Regulations shouldn't be determined valid on whether or not they inhibit job creation.

Are you saying that shouldn't be the sole determining factor, or that it shouldn't even be a consideration? I'd agree with the former, but I think the latter should indeed be a major consideration.
 
Are you saying that shouldn't be the sole determining factor, or that it shouldn't even be a consideration? I'd agree with the former, but I think the latter should indeed be a major consideration.
depends on the regulation wouldn't you think?
is 300 jobs worth 30 years of contaminated water?
 
depends on the regulation wouldn't you think?
is 300 jobs worth 30 years of contaminated water?

Well, of course it depends on the regulation. That's why I said it shouldn't be the sole determining factor. But it used be that for some categories of environmental claims, economic impact was considered legally irrelevant, which was absurd.

It has to be a reasonable balance, and as I've mentioned before it is as much about compliance costs and the speed at which applications are processed as it is about the substantive effect of the regulation in question.
 
Well, of course it depends on the regulation. That's why I said it shouldn't be the sole determining factor. But it used be that for some categories of environmental claims, economic impact was considered legally irrelevant, which was absurd.

It has to be a reasonable balance, and as I've mentioned before it is as much about compliance costs and the speed at which applications are processed as it is about the substantive effect of the regulation in question.

No place for reason and being reasonable. What you meant was great:chuckle:
 
Presidential Executive Order on Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the "Waters of the United States" Rule
EXECUTIVE ORDER

- - - - - - -

RESTORING THE RULE OF LAW, FEDERALISM, AND ECONOMIC GROWTH
BY REVIEWING THE "WATERS OF THE UNITED STATES" RULE

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Policy. It is in the national interest to ensure that the Nation's navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of the Congress and the States under the Constitution.

Sec. 2. Review of the Waters of the United States Rule. (a) The Administrator of the Environmental Protection Agency (Administrator) and the Assistant Secretary of the Army for Civil Works (Assistant Secretary) shall review the final rule entitled "Clean Water Rule: Definition of 'Waters of the United States,'" 80 Fed. Reg. 37054 (June 29, 2015), for consistency with the policy set forth in section 1 of this order and publish for notice and comment a proposed rule rescinding or revising the rule, as appropriate and consistent with law.

(b) The Administrator, the Assistant Secretary, and the heads of all executive departments and agencies shall review all orders, rules, regulations, guidelines, or policies implementing or enforcing the final rule listed in subsection (a) of this section for consistency with the policy set forth in section 1 of this order and shall rescind or revise, or publish for notice and comment proposed rules rescinding or revising, those issuances, as appropriate and consistent with law and with any changes made as a result of a rulemaking proceeding undertaken pursuant to subsection (a) of this section.

(c) With respect to any litigation before the Federal courts related to the final rule listed in subsection (a) of this section, the Administrator and the Assistant Secretary shall promptly notify the Attorney General of the pending review under subsection (b) of this section so that the Attorney General may, as he deems appropriate, inform any court of such review and take such measures as he deems appropriate concerning any such litigation pending the completion of further administrative proceedings related to the rule.

Sec. 3. Definition of "Navigable Waters" in Future Rulemaking. In connection with the proposed rule described in section 2(a) of this order, the Administrator and the Assistant Secretary shall consider interpreting the term "navigable waters," as defined in 33 U.S.C. 1362(7), in a manner consistent with the opinion of Justice Antonin Scalia in Rapanos v. United States, 547 U.S. 715 (2006).

Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

THE WHITE HOUSE,
February 28, 2017.
Links for regulations cited
#"Clean Water Rule: Definition of 'Waters of the United States,'" 80 Fed. Reg. 37054 (June 29, 2015),
https://www.gpo.gov/fdsys/pkg/FR-2015-06-29/pdf/2015-13435.pdf
#interpreting the term "navigable waters," as defined in 33 U.S.C. 1362(7),
http://uscode.house.gov/view.xhtml?req=(title:33 section:1362 edition:prelim)
#Justice Antonin Scalia in Rapanos v. United States, 547 U.S. 715 (2006)
https://supreme.justia.com/cases/federal/us/547/715/opinion.html
 
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What that order basically does is to tell administrator and the DOJ to abandon defending/pushing the last Administration's interpretion of "Waters of the United States" in courts, or in administrative proceedings.

They're also starting the formal process to change the rule itself.

All good stuff as far as I'm concerned. The overreach in the 2015 rule was ridiculous.
 
@Tornicade

To ensure this thread doesn't suffer the fate of the others, we should do our best to enforce the "non-partisan" aspect of this. So if we're discussing the merits of policies, there shouldn't be any reason for anyone to even mention the name of the President, either political party, or frankly, any other politician period.

The point isn't to judge/evaluate/comment on the Administration, nor to address the worldview or political beliefs of other posters. It is to judge/evaluate/comment on specific policies.

Sound right to you?
 
Here is the ruling from 2006 in regards to the clean water act of that time . however the order isn't referring to the overall decision as Kennedy and Scalia both had different opinions on the definitions. I am not caring for this Order at all.

VIII

Because the Sixth Circuit applied the wrong standard to determine if these wetlands are covered “waters of the United States,” and because of the paucity of the record in both of these cases, the lower courts should determine, in the first instance, whether the ditches or drains near each wetland are “waters” in the ordinary sense of containing a relatively permanent flow; and (if they are) whether the wetlands in question are “adjacent” to these “waters” in the sense of possessing a continuous surface connection that creates the boundary-drawing problem we addressed in Riverside Bayview.

*  *  *

We vacate the judgments of the Sixth Circuit in both No. 04–1034 and No. 04–1384, and remand both cases for further proceedings.

It is so ordered.

Footnote 1
In issuing permits, the Corps directs that “[a]ll factors which may be relevant to the proposal must be considered including the cumulative effects thereof: among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people.” §320.4(a).

Footnote 3
One possibility, which we ultimately find unsatisfactory, is that the “other” waters covered by 33 U. S. C. §1344(g)(1) are strictly intrastate waters that are traditionally navigable. But it would be unreasonable to interpret “the waters of the United States” to include all and only traditional navigable waters, both interstate and intrastate. This would preserve the traditional import of the qualifier “navigable” in the defined term “navigable waters,” at the cost of depriving the qualifier “of the United States” in the definition of all meaning. As traditionally understood, the latter qualifier excludes intrastate waters, whether navigable or not. See The Daniel Ball, 10 Wall. 557, 563 (1871). In SWANCC, we held that “navigable” retained something of its traditional import. 531 U. S., at 172. A fortiori, the phrase “of the United States” in the definition retains some of its traditional meaning.

Footnote 4
Justice Kennedy observes, post, at 13 (opinion concurring in judgment), that the dictionary approves an alternative, somewhat poetic usage of “waters” as connoting “[a] flood or inundation; as the waters have fallen. ‘The peril of waters, wind, and rocks.’ Shak.” Webster’s Second 2882. It seems to us wholly unreasonable to interpret the statute as regulating only “floods” and “inundations” rather than traditional waterways—and strange to suppose that Congress had waxed Shakespearean in the definition section of an otherwise prosaic, indeed downright tedious, statute. The duller and more commonplace meaning is obviously intended.

Footnote 5
By describing “waters” as “relatively permanent,” we do not necessarily exclude streams, rivers, or lakes that might dry up in extraordinary circumstances, such as drought. We also do not necessarily exclude seasonal rivers, which contain continuous flow during some months of the year but no flow during dry months—such as the 290-day, continuously flowing stream postulated by Justice Stevens’ dissent (hereinafter the dissent), post, at 15. Common sense and common usage distinguish between a wash and seasonal river.

Though scientifically precise distinctions between “perennial” and “intermittent” flows are no doubt available, see, e.g., Dept. of Interior, U. S. Geological Survey, E. Hedman & W. Osterkamp, Streamflow Characteristics Related to Channel Geometry of Streams in Western United States 15 (1982) (Water-Supply Paper 2193), we have no occasion in this litigation to decide exactly when the drying-up of a stream bed is continuous and frequent enough to disqualify the channel as a “wate[r] of the United States.” It suffices for present purposes that channels containing permanent flow are plainly within the definition, and that the dissent’s “intermittent” and “ephemeral” streams, post, at 16 (opinion of Stevens, J.)—that is, streams whose flow is “[c]oming and going at intervals … roken, fitful,” Webster’s Second 1296, or “existing only, or no longer than, a day; diurnal … short-lived,” id., at 857—are not.

Footnote 6
The principal definition of “stream” likewise includes reference to such permanent, geographically fixed bodies of water: “[a] current or course of water or other fluid, flowing on the earth, as a river, brook, etc.” Id., at 2493 (emphasis added). The other definitions of “stream” repeatedly emphasize the requirement of continuous flow: “[a] steady flow, as of water, air, gas, or the like”; “[a]nything issuing or moving with continued succession of parts”; “[a] continued current or course; current; drift.” Ibid. (emphases added). The definition of the verb form of “stream” contains a similar emphasis on continuity: “[t]o issue or flow in a stream; to issue freely or move in a continuous flow or course.” Ibid. (emphasis added). On these definitions, therefore, the Corps’ phrases “intermittent streams,” 33 CFR §328.3(a)(3) (2004), and “ephemeral streams,” 65 Fed. Reg. 12823 (2000), are—like Senator Bentsen’s “ ‘ flowing gullies,’ ” post, at 16, n. 11 (opinion of Stevens, J.)—useful oxymora. Properly speaking, such entities constitute extant “streams” only while they are “continuous[ly] flow[ing]”; and the usually dry channels that contain them are never “streams.” Justice Kennedy apparently concedes that “an intermittent flow can constitute a stream” only “while it is flowing,” post, at 13 (emphasis added)—which would mean that the channel is a “water” covered by the Act only during those times when water flow actually occurs. But no one contends that federal jurisdiction appears and evaporates along with the water in such regularly dry channels.

Footnote 7
It is of course true, as the dissent and Justice Kennedy both observe, that ditches, channels, conduits and the like “can all hold water permanently as well as intermittently,” post, at 17 (opinion of Stevens, J.); see also post, at 14–15 (opinion of Kennedy, J.). But when they do, we usually refer to them as “rivers,” “creeks,” or “streams.” A permanently flooded ditch around a castle is technically a “ditch,” but (because it is permanently filled with water) we normally describe it as a “moat.” See Webster’s Second 1575. And a permanently flooded man-made ditch used for navigation is normally described, not as a “ditch,” but as a “canal.” See id., at 388. Likewise, an open channel through which water permanently flows is ordinarily described as a “stream,” not as a “channel,” because of the continuous presence of water. This distinction is particularly apt in the context of a statute regulating water quality, rather than (for example) the shape of stream beds. Cf. Jennison v. Kirk, 98 U. S. 453, 454–456 (1879) (referring to man-made channels as “ditches” when the alleged injury arose from physical damage to the banks of the ditch); PUD No. 1 of Jefferson Cty. v. Washington Dept. of Ecology, 511 U. S. 700, 709 (1994) (referring to a water-filled tube as a “tunnel” in order to describe the shape of the conveyance, not the fact that it was water-filled), both cited post, at 17, n. 12 (opinion of Stevens, J.). On its only natural reading, such a statute that treats “waters” separately from “ditch[es], channel,
tunnel, and conduit,” thereby distinguishes between continuously flowing “waters” and channels containing only an occasional or intermittent flow.

It is also true that highly artificial, manufactured, enclosed conveyance systems—such as “sewage treatment plants,” post, at 15 (opinion of Kennedy, J.), and the “mains, pipes, hydrants, machinery, buildings, and other appurtenances and incidents” of the city of Knoxville’s “system of waterworks,” Knoxville Water Co. v. Knoxville, 200 U. S. 22, 27 (1906), cited post, at 17, n. 12 (opinion of Stevens, J.)—likely do not qualify as “waters of the United States,” despite the fact that they may contain continuous flows of water. See post, at 15 (opinion of Kennedy, J.); post, at 17, n. 12 (opinion of Stevens, J.). But this does not contradict our interpretation, which asserts that relatively continuous flow is a necessary condition for qualification as a “water,” not an adequate condition. Just as ordinary usage does not treat typically dry beds as “waters,” so also it does not treat such elaborate, man-made, enclosed systems as “waters” on a par with “streams,” “rivers,” and “oceans.”

Footnote 8
Justice Kennedy contends that the Corps’ preservation of the “responsibilities and rights” of the States is adequately demonstrated by the fact that “33 States and the District of Columbia have filed an amici brief in this litigation” in favor of the Corps’ interpretation, post, at 20. But it makes no difference to the statute’s stated purpose of preserving States’ “rights and responsibilities,” §1251(b), that some States wish to unburden themselves of them. Legislative and executive officers of the States may be content to leave “responsibilit[y]” with the Corps because it is attractive to shift to another entity controversial decisions disputed between politically powerful, rival interests. That, however, is not what the statute provides.

Footnote 9
Justice Kennedy objects that our reliance on these two clear-statement rules is inappropriate because “the plurality’s interpretation does not fit the avoidance concerns that it raises,” post, at 19—that is, because our resolution both eliminates some jurisdiction that is clearly constitutional and traditionally federal, and retains some that is questionably constitutional and traditionally local. But a clear-statement rule can carry one only so far as the statutory text permits. Our resolution, unlike Justice Kennedy’s, keeps both the overinclusion and the underinclusion to the minimum consistent with the statutory text. Justice Kennedy’s reading—despite disregarding the text—fares no better than ours as a precise “fit” for the “avoidance concerns” that he also acknowledges. He admits, post, at 25, that “the significant nexus requirement may not align perfectly with the traditional extent of federal authority” over navigable waters—an admission that “tests the limits of understatement,” Gonzales v. Oregon, 126 S. Ct. 904, 932 (2005) (Scalia, J., dissenting)—and it aligns even worse with the preservation of traditional state land-use regulation.

Footnote 10
Since the wetlands at issue in Riverside Bayview actually abutted waters of the United States, the case could not possibly have held that merely “neighboring” wetlands came within the Corps’ jurisdiction. Obiter approval of that proposition might be inferred, however, from the opinion’s quotation without comment of a statement by the Corps describing covered “adjacent” wetlands as those “ ‘that form the border of or are in reasonable proximity to other waters of the United States.’ ” 474 U. S., at 134 (quoting 42 Fed. Reg. 37128 (1977); emphasis added). The opinion immediately reiterated, however, that adjacent wetlands could be regarded as “the waters of the United States” in view of “the inherent difficulties of defining precise bounds to regulable waters,” 474 U. S., at 134—a rationale that would have no application to physically separated “neighboring” wetlands. Given that the wetlands at issue in Riverside Bayview themselves “actually abut[ted] on a navigable waterway,” id., at 135; given that our opinion recognized that unconnected wetlands could not naturally be characterized as “ ‘waters’ ” at all, id., at 132; and given the repeated reference to the difficulty of determining where waters end and wetlands begin; the most natural reading of the opinion is that a wetlands’ mere “reasonable proximity” to waters of the United States is not enough to confer Corps jurisdiction. In any event, as discussed in our immediately following text, any possible ambiguity has been eliminated by SWANCC, 531 U. S. 159 (2001).

Footnote 11
The dissent argues that “the very existence of words like ‘alluvium’ and ‘silt’ in our language suggests that at least some [dredged or fill material] makes its way downstream,” post, at 22 (citation omitted). See also post, at 17 (opinion of Kennedy, J.). By contrast, amici cite multiple empirical analyses that contradict the dissent’s philological approach to sediment erosion—including one which concludes that “[t]he idea that the discharge of dredged or fill material into isolated waters, ephemeral drains or non-tidal ditches will pollute navigable waters located any appreciable distance from them lacks credibility.” R. Pierce, Technical Principles Related to Establishing the Limits of Jurisdiction for Section 404 of the Clean Water Act 34–40 (Apr. 2003), available at www.wetlandtraining.com/tpreljscwa.pdf, cited in Brief for International Council of Shopping Centers et al. as Amici Curiae 26–27; Brief for Pulte Homes, Inc., et al. as Amici Curiae 20–21; Brief for Foundation for Environmental and Economic Progresset al. as Amici Curiae 29, and n. 53 (“Fill material does not migrate”). Such scientific analysis is entirely unnecessary, however, to reach the unremarkable conclusion that the deposit of mobile pollutants into upstream ephemeral channels is naturally described as an “addition … to navigable waters,” 33 U. S. C. §1362(12), while the deposit of stationary fill material generally is not.

Footnote 12
Nor does the passing reference to “wetlands adjacent thereto” in §1344(g)(1) purport to expand that statutory definition. As the dissent concedes, post, at 20, that reference merely confirms that the statutory definition can be read to include some wetlands—namely, those that directly “abut” covered waters. Riverside Bayview explicitly acknowledged that §1344(g)(1) “does not conclusively determine the construction to be placed on the use of the term ‘waters’ elsewhere in the Act (particularly in [§1362(7)], which contains the relevant definition of ‘navigable waters’); however, … it does at least suggest strongly that the term ‘waters’ as used in the Act does not necessarily exclude ‘wetlands.’ ” 474 U. S., at 138, n. 11 (emphases added).

Footnote 13
The sole exception is in Justice Kennedy’s opinion, which argues that Riverside Bayview rejected our physical-connection requirement by accepting as a given that any wetland formed by inundation from covered waters (whether or not continuously connected to them) is covered by the Act: “The Court in Riverside Bayview … did not suggest that a flood-based origin would not support jurisdiction; indeed, it presumed the opposite. See 474 U. S., at 134 (noting that the Corps’ view was valid ‘even for wetlands that are not the result of flooding or permeation’ (emphasis added)).” Post, at 16. Of course Justice Kennedy himself fails to observe this supposed presumption, since his “significant nexus” test makes no exception for wetlands created by inundation. In any event, the language from Riverside Bayview in Justice Kennedy’s parenthetical is wrenched out of context. The sentence which Justice Kennedy quotes in part immediately followed the Court’s conclusion that “adjacent” wetlands are included because of “the inherent difficulties of defining precise bounds to regulable waters,” 474 U. S., at 134. And the full sentence reads as follows: “This holds true even for wetlands that are not the result of flooding or permeation by water having its source in adjacent bodies of open water,” ibid. (emphasis added). Clearly, the “wetlands” referred to in the sentence are only “adjacent” wetlands—namely, those with the continuous physical connection that the rest of the Riverside Bayview opinion required, see supra, at 21–23. Thus, it is evident that the quoted language was not at all a rejection of the physical-connection requirement, but rather a rejection of the alternative position (which had been adopted by the lower court in that case, see id., at 125) that the only covered wetlands are those created by inundation. As long as the wetland is “adjacent” to covered waters, said Riverside Bayview, its creation vel non by inundation is irrelevant.

Footnote 15
It is unclear how much more moderate the flouting is, since Justice Kennedy’s “significant nexus” standard is perfectly opaque. When, exactly, does a wetland “significantly affect” covered waters, and when are its effects “in contrast … speculative or insubstantial”? Post, at 23. Justice Kennedy does not tell us clearly—except to suggest, post, at 25, that “ ‘ “isolated” is generally a matter of degree’ ” (quoting Leibowitz & Nadeau, Isolated Wetlands: State-of-the-Science and Future Directions, 23 Wetlands 663, 669 (2003)). As the dissent hopefully observes, post, at 24, such an unverifiable standard is not likely to constrain an agency whose disregard for the statutory language has been so long manifested. In fact, by stating that “in both the consolidated cases before the Court the record contains evidence suggesting the possible existence of a significant nexus according to the principles outlined above,” post, at 26, Justice Kennedy tips a wink at the agency, inviting it to try its same expansive reading again.
 
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@Tornicade

To ensure this thread doesn't suffer the fate of the others, we should do our best to enforce the "non-partisan" aspect of this. So if we're discussing the merits of policies, there shouldn't be any reason for anyone to even mention the name of the President, either political party, or frankly, any other politician period.

The point isn't to judge/evaluate/comment on the Administration, nor to address the worldview or political beliefs of other posters. It is to judge/evaluate/comment on specific policies.

Sound right to you?
I think most of my post already reference Trump as the Trump administration. as an example

"trump wants to poison our waters" would be inappropriate whereas " The Trump administration wants to poison our water" would be more non partisanship
 

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