Legislative Update Town Hall
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Ten Thousand Commandments Executive Summary
Ten Thousand Commandments An Annual Snapshot of the Federal Regulatory State 2020 Edition by Clyde Wayne Crews, Jr. Executive Summary Spending control and deficit restraint are in- ing above $5 trillion by FY 2022, and nearly dispensable to a nation’s stability and long- $7.5 trillion by 2030.5 The national debt term economic health. Yet alarm over lack of now stands at $23.2 trillion, up more than spending restraint under President Donald $2 trillion since 2018.6 Trump’s administration, even with the ben - efit of a healthy economy, has not stemmed As imposing as that is, the cost of govern- disbursements.1 Without significant changes, ment extends even beyond what Washington more will soon be spent on debt service than collects in taxes and the far greater amount on the entire defense budget, especially as in- it spends. Federal environmental, safety and terest rates rise.2 Meanwhile, magical think- health, and economic regulations and inter- ing that government outlays create wealth is ventions affect the economy by hundreds of now fashionable among emboldened progres- billions—even trillions—of dollars annu- sives who advocate Medicare for All, a Green ally. These regulatory burdens can operate New Deal, and a guaranteed national income, as a hidden tax.7 Unlike on-budget spend- while supposed fiscal conservatives have lost ing, regulatory costs caused by government the appetite for addressing spending.3 are largely obscured from public view. As the least disciplined aspect of government In March 2019, the White House budget activity, regulation can be appealing to law- proposal requested $4.746 trillion in outlays makers. -
A Financial System That Creates Economic Opportunities Nonbank Financials, Fintech, and Innovation
U.S. DEPARTMENT OF THE TREASURY A Financial System That Creates Economic Opportunities A Financial System That T OF EN TH M E A Financial System T T R R A E P A E S That Creates Economic Opportunities D U R E Y H T Nonbank Financials, Fintech, 1789 and Innovation Nonbank Financials, Fintech, and Innovation Nonbank Financials, Fintech, TREASURY JULY 2018 2018-04417 (Rev. 1) • Department of the Treasury • Departmental Offices • www.treasury.gov U.S. DEPARTMENT OF THE TREASURY A Financial System That Creates Economic Opportunities Nonbank Financials, Fintech, and Innovation Report to President Donald J. Trump Executive Order 13772 on Core Principles for Regulating the United States Financial System Steven T. Mnuchin Secretary Craig S. Phillips Counselor to the Secretary T OF EN TH M E T T R R A E P A E S D U R E Y H T 1789 Staff Acknowledgments Secretary Mnuchin and Counselor Phillips would like to thank Treasury staff members for their contributions to this report. The staff’s work on the report was led by Jessica Renier and W. Moses Kim, and included contributions from Chloe Cabot, Dan Dorman, Alexan- dra Friedman, Eric Froman, Dan Greenland, Gerry Hughes, Alexander Jackson, Danielle Johnson-Kutch, Ben Lachmann, Natalia Li, Daniel McCarty, John McGrail, Amyn Moolji, Brian Morgenstern, Daren Small-Moyers, Mark Nelson, Peter Nickoloff, Bimal Patel, Brian Peretti, Scott Rembrandt, Ed Roback, Ranya Rotolo, Jared Sawyer, Steven Seitz, Brian Smith, Mark Uyeda, Anne Wallwork, and Christopher Weaver. ii A Financial System That Creates Economic -
1557-Final-Rule.Pdf
*This HHS‐approved document is being submitted to the Office of the Federal Register (OFR) for publication and has not yet been placed on public display at or published in the Federal Register. This document may vary slightly from the published document if minor editorial changes are made during the OFR review process. The document published in the Federal Register is the official HHS-approved document. *Individuals using assistive technology may not be able to fully access information in this document. For assistance, please contact the Office for Civil Rights at (800) 368-1019 or (800) 537-7697 (TDD). 4153-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare and Medicaid Services 42 CFR Parts 438, 440, and 460 Office of the Secretary 45 CFR Parts 86, 92, 147, 155, and 156 RIN 0945-AA11 Nondiscrimination in Health and Health Education Programs or Activities, Delegation of Authority AGENCY: Centers for Medicare & Medicaid Services (CMS); Office for Civil Rights (OCR), Office of the Secretary, HHS. ACTION: Final rule. SUMMARY: The Department of Health and Human Services (“the Department” or “HHS”) is committed to ensuring the civil rights of all individuals who access or seek to access health programs or activities of covered entities under Section 1557 of the Patient Protection and Affordable Care Act (“ACA”). After considering public comments, in this final rule, the Department revises its Section 1557 regulations, Title IX regulations, and specific regulations of the Centers for Medicare & Medicaid Services (“CMS”) as proposed, with minor and primarily technical corrections. This will better comply with the mandates of Congress, address legal concerns, relieve billions of dollars in undue regulatory burdens, further substantive compliance, *This HHS‐approved document is being submitted to the Office of the Federal Register (OFR) for publication and has not yet been placed on public display at or published in the Federal Register. -
Diversity in the Legal Profession
Diversity In The Legal Profession: The More Things Change, The More They Stay The Same – Until They Don’t The stated desire to address the diversity imbalance may give way to real change if peoples’ wallets depend on it. French writer Alphonse Karr famously wrote “plus ça change, plus c’est la même chose” – the more things change, the more they stay the same. This often seems true in the legal industry, especially when it comes to chronic challenges and the shared desire to bring about positive change. David recently attended HBR Consulting’s Legal Lab, an annual gathering of select industry leaders brought together by HBR (David serves on HBR’s Advisory Board). This year’s Legal Lab included individuals holding a diverse set of roles at law firms, law departments and technology companies, and addressed four key areas influencing the industry: law departments, large law firms, talent management and staffing, and technology. As expected, numerous challenges and opportunities were discussed, and the discourse was transparent and refreshing. Notably, one issue surfaced in every discussion, and throughout the event: diversity and inclusion. Nearly every participant discussed the industry’s need to create more diverse and inclusive workplaces, at firms and companies, and the benefits that would accompany such a change. Those same leaders agreed that despite decades of effort, no firm or company had cracked the code toward moving the needle. Many articles have discussed the disappointing statistics of legal industry diversity. For an overview, see the following, among many others: Americans Rank Law Firms Dead Last In Commitment To Diversity Minorities In The Legal Profession Have Barely Increased Since 2000 In summary, despite two decades of extensive efforts, gender and other diversity at the partner and GC level is essentially unchanged. -
Capital Markets
U.S. DEPARTMENT OF THE TREASURY A Financial System That Creates Economic Opportunities Capital Markets OCTOBER 2017 U.S. DEPARTMENT OF THE TREASURY A Financial System That Creates Economic Opportunities Capital Markets Report to President Donald J. Trump Executive Order 13772 on Core Principles for Regulating the United States Financial System Steven T. Mnuchin Secretary Craig S. Phillips Counselor to the Secretary Staff Acknowledgments Secretary Mnuchin and Counselor Phillips would like to thank Treasury staff members for their contributions to this report. The staff’s work on the report was led by Brian Smith and Amyn Moolji, and included contributions from Chloe Cabot, John Dolan, Rebekah Goshorn, Alexander Jackson, W. Moses Kim, John McGrail, Mark Nelson, Peter Nickoloff, Bill Pelton, Fred Pietrangeli, Frank Ragusa, Jessica Renier, Lori Santamorena, Christopher Siderys, James Sonne, Nicholas Steele, Mark Uyeda, and Darren Vieira. iii A Financial System That Creates Economic Opportunities • Capital Markets Table of Contents Executive Summary 1 Introduction 3 Scope of This Report 3 Review of the Process for This Report 4 The U.S. Capital Markets 4 Summary of Issues and Recommendations 6 Capital Markets Overview 11 Introduction 13 Key Asset Classes 13 Key Regulators 18 Access to Capital 19 Overview and Regulatory Landscape 21 Issues and Recommendations 25 Equity Market Structure 47 Overview and Regulatory Landscape 49 Issues and Recommendations 59 The Treasury Market 69 Overview and Regulatory Landscape 71 Issues and Recommendations 79 -
CPM Client City of Richmond Files Lawsuit Against President Trump's "Sanctuary Jurisdictions" Executive Order
CPM Client City of Richmond Files Lawsuit Against President Trump's "Sanctuary Jurisdictions" Executive Order � 2017 Attorneys Joseph W. Cotchett The City of Richmond has filed a lawsuit today in the Federal District Court in San Francisco against President Donald Trump, Attorney Practice Areas General Jeff Sessions, and Secretary of Homeland Security John Kelly, Municipal & Public Entity Litigation seeking to have declared unconstitutional an Executive Order issued by President Trump concerning “Sanctuary Jurisdictions.” The lawsuit alleges that Executive Order 13768, issued on January 25, 2017, is an unconstitutional action by the President as it provides unfettered discretion to the Attorney General and Secretary of Homeland Security to take away all federal funds from “sanctuary jurisdictions” which they believe do not follow federal immigration law. The suit alleges that the President does not have authority under the Constitution or any Congressional act to restrict federal funds based on such an Executive Order. The Executive Order does not define “sanctuary jurisdictions” and while there are many cities that have been referred to as “sanctuary cities,” there is no definition of either term. Under the vague and far-reaching language of the Executive Order, Richmond could lose federal funds without having violated any federal immigration policy. Richmond’s Mayor, Tom Butt, stated on behalf of the City Council: “Over 25 years ago, the Richmond City Council enacted an ordinance as a result of immigration raids by federal officers by setting forth a procedure for Richmond police to respond to requests for information by federal immigration authorities. We are confident that the policies we have put in place to promote a community policing culture comply with all federal laws. -
Trump Tax Cuts Could Start with Executive Action
RobertRobert W. W. Wood Wood THETHE TAX TAX LAWYER LAWYER TAXES 2/27/2017 Trump Tax Cuts Could Start With Executive Action U.S. President Donald Trump flanked by business leaders holds a executive order establishing regulatory reform officers and task forces in US agencies in the Oval Office of the White House on February 24, 2017 in Washington, DC. Earlier in the day, Trump stated he would cut 75 percent of regulations. (Photo by Olivier Douliery – Pool/Getty Images) So far, President Trump has moved boldly—or rashly, depending on your perspective—with many executive actions, including: Proclamation 9570: National Day of Patriotic Devotion Executive Order 13765: Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal A Memorandum that was a type of Regulatory Freeze memo Pending Review Presidential Memorandum: Withdrawal of the United States From the Trans-Pacific Partnership Negotiations and Agreement Presidential Memorandum: Mexico City Policy, reinstituting and expanding a policy President Obama had rescinded restricting the use of foreign aid money to support family planning organizations that promote abortion. Presidential Memorandum: a federal Hiring Freeze Presidential Memorandum to bring back consideration of the Construction of the Keystone XL Pipeline Presidential Memorandum to reconsider Construction of the Dakota Access Pipeline Presidential Memorandum to review Construction of American Pipelines Executive Order 13766 Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects Presidential Memorandum Streamlining Permitting and Reducing Regulatory Burdens for Domestic Manufacturing Proclamation 9571: National School Choice Week, 2017 Executive Order 13767: Border Security and Immigration Enforcement Improvements, the “build the wall” executive order. -
Immigration Enforcement
IMMIGRATION ENFORCEMENT This is an excerpt from Inside the Numbers: How Immigration Shapes Asian American and Pacific Islander Communities, a report published by Asian Americans Advancing Justice—AAJC and Asian Americans Advancing Justice—Los Angeles in June 2019. The report is available for download: https:// advancingjustice-aajc.org/inside-the-numbers-report-2019 ISSUE BRIEF: IMMIGRATION ENFORCEMENT: ARRESTS, DETENTION, AND DEPORTATION Within five days of taking office, President Trump issued several executive orders that made sweeping changes to our immigration enforcement system. Through these major policy shifts, the administration has rapidly increased arrests, detention, and deportations of immigrants in the interior of the United States, and severely curtailed the due process rights of immigrants along the southern border. The federal government has the authority to exercise prosecutorial discretion in immigration enforcement, meaning that immigration officials may decide whether to arrest, detain, and deport an immigrant. Previous Republican and Democratic administrations adhered to priorities that focused enforcement on certain individuals. For example, the Obama administration issued immigration enforcement priorities that shielded around 87% of the undocumented immigrant population from deportation. In contrast, the Trump administration has explicitly abandoned all forms of prosecutorial discretion and has directed federal agencies to employ “all lawful means” to deport “all removable” noncitizens. As a result, the enforcement agencies Immigration and Customs Enforcement (ICE) and Customs and Border Protection Since 2017, we have (CBP) have enacted a dragnet enforcement approach, escalating raids and arrests witnessed a drastic across the country, and striking fear into immigrant communities.159 increase in targeted enforcement against Since 2017, we have witnessed a drastic increase in targeted enforcement long-time community against long-time community members, including many long-term residents and refugees. -
Power Dynamics of the Dakota Access Pipeline Protests: an Environmental Justice Analysis
Student Publications Student Scholarship Spring 2018 Power Dynamics of the Dakota Access Pipeline Protests: An Environmental Justice Analysis Brittany Bondi Gettysburg College Follow this and additional works at: https://cupola.gettysburg.edu/student_scholarship Part of the Environmental Policy Commons, Environmental Studies Commons, and the Indigenous Studies Commons Share feedback about the accessibility of this item. Recommended Citation Bondi, Brittany, "Power Dynamics of the Dakota Access Pipeline Protests: An Environmental Justice Analysis" (2018). Student Publications. 616. https://cupola.gettysburg.edu/student_scholarship/616 This open access student research paper is brought to you by The Cupola: Scholarship at Gettysburg College. It has been accepted for inclusion by an authorized administrator of The Cupola. For more information, please contact [email protected]. Power Dynamics of the Dakota Access Pipeline Protests: An Environmental Justice Analysis Abstract The Dakota Access Pipeline and the events of the accompanying protests are contemporary examples of environmental injustice, with the Standing Rock Nation facing a majority of the injustice. Analyzing Sioux history, the pipeline's previous routes, and the police and state responses to the "protectors", I propose that the Dakota Access Pipeline is a form of distributive, procedural, and substantive injustice. Keywords Dakota Access Pipeline, Protests, Environmental Justice Disciplines Environmental Policy | Environmental Studies | Indigenous Studies Comments Written -
4310-05-P DEPARTMENT of the INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 943 [SATS No. TX-068-FOR;
This document is scheduled to be published in the Federal Register on 11/20/2019 and available online at https://federalregister.gov/d/2019-25186, and on govinfo.gov 4310-05-P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 943 [SATS No. TX-068-FOR; Docket ID: OSM-2018-0002; S1D1S SS08011000 SX064A000 201S180110; S2D2S SS08011000 SX064A000 20XS501520] Texas Regulatory Program AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Final rule; approval of amendment. SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Texas regulatory program (Texas program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Texas proposed revisions to its program regarding annual permit fees for calendar years 2017 and 2018. Texas also proposed to remove a restriction in its rules that conflicts with the United States Bankruptcy Code. DATES: The effective date is [INSERT 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. FOR FURTHER INFORMATION CONTACT: William Joseph, Director, Tulsa Field Office, Office of Surface Mining Reclamation and Enforcement, 1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128-4629. Telephone: (918) 581-6430. Email: [email protected]. SUPPLEMENTARY INFORMATION: I. Background on the Texas Program II. Submission of the Amendment III. OSMRE’s Findings IV. Summary and Disposition of Comments V. OSMRE’s Decision VI. Statutory and Executive Order Reviews I. Background on the Texas Program Section 503(a) of the Act permits a State to assume primacy for the regulation of surface coal mining and reclamation operations on non-Federal and non-Indian lands within its borders by demonstrating that its program includes, among other things, State laws and regulations that govern surface coal mining and reclamation operations in accordance with the Act and consistent with the Federal regulations. -
The Surprisingly Contentious History of Executive Orders | Huffpost
4/2/2020 The Surprisingly Contentious History Of Executive Orders | HuffPost Ben Feuer, Contributor Chairman, California Appellate Law Group The Surprisingly Contentious History Of Executive Orders Cries of “unprecedented” executive action on both sides are more histrionic than historical. 02/02/2017 04:59 am ET | Updated Feb 03, 2017 Despite howls that Presidents Trump and Obama both issued “unprecedented” executive orders, presidents have embraced executive actions to enact controversial policies since the dawn of the Republic. https://www.huffpost.com/entry/the-surprisingly-contentious-history-of-executive-orders_b_58914580e4b04c35d583546e 1/8 4/2/2020 The Surprisingly Contentious History Of Executive Orders | HuffPost NICHOLAS KAMM/AFP/GETTY IMAGES Recently, USA Today savaged President Trump’s executive orders since taking office, from encouraging Keystone XL approval to altering immigration policy, as an “unprecedented blizzard.” In 2014, the Washington Post raked President Obama for his Deferred Action immigration directives, more commonly called DACA and DAPA, deeming them “unprecedented” and “sweeping,” while Ted Cruz published an op-ed in the Wall Street Journal lashing Obama’s “imperial” executive order hiking the minimum wage for federal contractors as one with “no precedent.” A 2009 piece in Mother Jones lamented a President George W. Bush executive order allowing former-presidents and their families to block the release of presidential records as — you guessed it — “unprecedented.” With all the talk of precedent, you might think executive orders historically did little more than set the White House lawn watering schedule. But the reality is that presidents have long employed executive actions to accomplish strikingly controversial objectives without congressional approval. -
The Ironic Privacy Act
Washington University Law Review Volume 96 Issue 6 Trust and Privacy in the Digital Age 2019 The Ironic Privacy Act Margaret Hu Kenan Institute for Ethics, Duke University; Washington and Lee University School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Part of the Immigration Law Commons, National Security Law Commons, President/Executive Department Commons, and the Privacy Law Commons Recommended Citation Margaret Hu, The Ironic Privacy Act, 96 WASH. U. L. REV. 1267 (2019). Available at: https://openscholarship.wustl.edu/law_lawreview/vol96/iss6/7 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. THE IRONIC PRIVACY ACT MARGARET HU* ABSTRACT This Article contends that the Privacy Act of 1974, a law intended to engender trust in government records, can be implemented in a way that inverts its intent. Specifically, pursuant to the Privacy Act’s reporting requirements, in September 2017, the U.S. Department of Homeland Security (DHS) notified the public that record systems would be modified to encompass the collection of social media data. The notification justified the collection of social media data as a part of national security screening and immigration vetting procedures. However, the collection will encompass social media data on both citizens and noncitizens, and was not explicitly authorized by Congress. Social media surveillance programs by federal agencies are largely unregulated and the announcement of social media data collection pursuant to the reporting requirements of the Privacy Act deserves careful legal attention.