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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. -
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. -
Final Report Summa ·Z· G Findings of the Review of Designations Under the Antiquities Act
THE SECRETARY OF THE INTERIOR WASHINGTON MEMORANDUM F FROM: SUBJECT: Final Report Summa ·z· g Findings of the Review of Designations Under the Antiquities Act Executive Summary and Impressions of the Secretary of the Interior Ryan Zinke In 1906, Congress delegated to the President the power to designate a monument under the Antiquities Act (Act). The Act authorizes the President singular authority to designate national monuments without public comment, environmental review, or further consent of Congress. Given this extraordinary executive power, Congress wisely placed limits on the President by defining the objects that may be included within a monument as being "historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest," by restricting the authority to Federal lands, and by limiting the size of the monument to "the smallest area compatible with proper care and management of the objects." Congress retained its authority to make land-use designations without such limitations. Even with the restrictive language, use of the Act has not always been without controversy. In fact, even Theodore Roosevelt's first proclamation of the roughly 1,200-acre Devil's Tower in Wyoming was controversial. Since that time, the use of the Act has largely been viewed as an overwhelming American success story and today includes almost 200 of America's greatest treasures. More recently, however, the Act's executive authority is under scrutiny as Administrations have expanded both the size and scope of monument designations. Since 1996 alone, the Act has been used by the President 26 times to create monuments that are over 100,000 acres or more in size and have included private property within the identified external boundaries. -
Administration of Donald J. Trump, 2017 Executive Order 13792
Administration of Donald J. Trump, 2017 Executive Order 13792—Review of Designations Under the Antiquities Act April 26, 2017 By the authority vested in me as President by the Constitution and the laws of the United States of America, and in recognition of the importance of the Nation's wealth of natural resources to American workers and the American economy, it is hereby ordered as follows: Section 1. Policy. Designations of national monuments under the Antiquities Act of 1906, recently recodified at sections 320301 to 320303 of title 54, United States Code (the "Antiquities Act" or "Act"), have a substantial impact on the management of Federal lands and the use and enjoyment of neighboring lands. Such designations are a means of stewarding America's natural resources, protecting America's natural beauty, and preserving America's historic places. Monument designations that result from a lack of public outreach and proper coordination with State, tribal, and local officials and other relevant stakeholders may also create barriers to achieving energy independence, restrict public access to and use of Federal lands, burden State, tribal, and local governments, and otherwise curtail economic growth. Designations should be made in accordance with the requirements and original objectives of the Act and appropriately balance the protection of landmarks, structures, and objects against the appropriate use of Federal lands and the effects on surrounding lands and communities. Sec. 2. Review of National Monument Designations. (a) The Secretary -
PEER-REVIEW FEEDBACK on the GOODNESS FIELD: a Guidebook for Proactive Nonviolence
PEER-REVIEW FEEDBACK ON THE GOODNESS FIELD: A Guidebook for Proactive Nonviolence Bob Aldridge's powerful book, The Goodness Field: A Guidebook for Proactive Nonviolence points out the need and opportunity for a Global Satyagraha Movement – nonviolent, active, creative, and compassionate – to challenge the US addiction to power and greed which feeds our nation's endless wars and empire. Aldridge gives some very helpful suggestions for how to build that movement. This is not a pipe dream. We, the world's people can make it happen! – David Hartsough Author, Waging Peace: Global Adventures of a Lifelong Activist Co-Founder, Nonviolent Peaceforce and World beyond War - - - - I am in wholehearted agreement with Bob Aldridge's call for a "Global Satyagraha Movement inspired by a Global Constructive Pro- gram.” I'm glad to say, also, that these very ideas are catching on. If humanity is to rescue itself from the materialism, the low human image based on outdated science, and the devastation that they are causing to our personal and social lives -- indeed for our continued existence -- I can see no other way of doing that than the discovery of what he calls the "goodness field" that science is beginning to discover and traditional wisdom has long spoken of, by whatever name. – Michael N. Nagler President, Metta Center for Nonviolence Author, The Third Harmony: Nonviolence and the New Story of Human Nature - - - - Every so often an elder, whose life has embodied the way of faith, peace and justice, writes a “testament” (as Jim Douglass rightly calls this book), one that peers well past what the rest of us see. -
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. -
May 20, 2020 COVID-19: Federal Government Response
May 20, 2020 COVID-19: Federal Government Response May 12: H.R. 6800, the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act, was introduced in the United States House of Representatives. This is the fifth legislative bill to be introduced to fight the COVID-19 pandemic. The bill includes additional funds for state and local governments to pay essential workers during the coronavirus pandemic. It also includes provisions for additional stimulus payments to Americans, more funding for vaccines and treatments, and health coverage for people that have been left unemployed and without health insurance. A number of the provisions included are consistent with Academy- driven policy recommendations during COVID-19 such as: Centers for Disease Control and Prevention $2.1 billion to support federal, state, and local public health agencies to prevent, prepare for, and respond to the coronavirus, including: $2 billion for State, Local, Territorial, and Tribal Public Health Departments $130 million for public health data surveillance and analytics infrastructure modernization Centers for Medicare & Medicaid Services Medicaid: Increases Federal Medical Assistance Percentage (FMAP) payments to state Medicaid programs by a total of 14 percentage points starting July 1, 2020 through June 30, 2021 National Institutes of Health (NIH) $4.745 billion to expand COVID-19-related research on the NIH campus and at academic institutions across the country and to support the shutdown and startup costs of biomedical research laboratories nationwide -
Box 1. Prominent Executive Actions on Regulatory Process Reform During Trump’S Term
Box 1. Prominent Executive Actions on Regulatory Process Reform during Trump’s Term 2017 2019 • Presidential Memorandum, Streamlining Permitting and • Executive Order 13855, Promoting Active Management of Reducing Regulatory Burdens for Domestic Manufacturing, America’s Forests, Rangelands, and Other Federal Lands to January 24, 2017.19 Improve Conditions and Reduce Wildfire Risk, December • Executive Order 13766, Expediting Environmental Reviews 21, 2018.38 and Approvals for High Priority Infrastructure Projects, • Executive Order 13891, Promoting the Rule of Law January 24, 2017.20 through Improved Agency Guidance Documents, October • Executive Order 13771, Reducing Regulation and Control- 9, 2019.39 ling Regulatory Costs, January 30, 2017.21 • Executive Order 13892, Promoting the Rule of Law • Executive Order 13772, Core Principles for Regulating the through Transparency and Fairness in Civil Administrative United States Financial System, February 8, 2017.22 Enforcement and Adjudication, October 9, 2019.40 • Executive Order 13777, Enforcing the Regulatory Reform • Executive Order 13879, Advancing American Kidney Agenda, February 24, 2017.23 Health, July 10, 2019.41 • Executive Order 13781, Comprehensive Plan for • Executive Order 13878, Establishing a White House Reorganizing the Executive Branch, March 13, 2017.24 Council on Eliminating Regulatory Barriers to Affordable • Executive Order 13789, Identifying and Reducing Tax Housing, June 25, 2019.42 Regulatory Burdens, April 21, 2017.25 • Executive Order 13874, Modernizing the Regulatory -
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.