September 19, 2018

Trump Signs EO: Katahdin W&W Exempt From Direct Review

When word began to circulate through the dark and dank world of the political cesspool of hell that President Trump was going to create an executive order concerning the designation of national monuments, the two fake political sides erupted in polar opposite rounds of ad nauseam, i.e. America will be great again versus, the sky is falling.

Trump has signed his Executive Order. You can read the order and the comments of other criminal politicians working to shore up the hate fomenting rhetoric of their fake political parties. Talk about ad nauseam!!!

Few will take the time to read it or consider anything other than what is spoon fed them. It is much like the teaser and link I just posted earlier today of how everybody loves and wants Nature protected but have little desire to change any part of their lifestyle to take advantage of the millions of dollars taxpayers cough up each year to make it available. I guess this action is a mirror action of creating hunting “opportunities.” I’m sure that’s gone right over your head.

Incapable of mustering an attention span beyond 141 characters, people can and do choose to only digest bits of lies…mostly those they want to hear. However, if you are capable beyond that, you might be still with me on this post.

The Trump Executive Order (EO) is crafted as a “REVIEW.” He wants to review the process of the hows, whys and wherefores that decisions are made to designate lands as national parks and/or monuments. The Antiquities Act, which the lying bastards say gives them authority to designation protected land, was enacted in 1906. Maybe it’s time for a review. At the end of the review process (120 days from the signing of the EO) a report might have suggestions included on how the process can be made better. It doesn’t order the compilation of a list of protected federal lands that should be removed from that protection. Do you get it? It goes something like this: Suggest words that can be used so that the current and all future presidents can continue to do what they are doing but the words will cause people to think they are being hung with a new rope…and like it.

Trump wants specific reviews of all land designations made since 1996 (magical year?) that are over 100,000 acres in size. Maine’s newly appointed totalitarian forest of black flies and mosquitoes, Katahdin Woods and Waters (KWW) falls short at about 58,000 acres.

Unless the review process suggests that there must be some kind of process that follows a bureaucratic procedure to include any and all public input first, and retroactive, it appears Maine’s Katahdin Woods and Waters (and black flies and mosquitoes) is here to stay. However, we are referring to U.S. politics and the lie we all live believing the U.S. is a government of and by the people.

Understand one thing. Obama designated Roxanne Quimby’s land as a national monument for corrupt and political reasons. You and I in that process were nothing more than a bothersome black fly or mosquito. Do you really think anything Trump or his fake Right will do to change what Obama and his fake Left did, will be meaningful? If you do, you don’t have clue about the real ruling establishment or how the global power structure works.

So if you are one of those in Maine who thinks that Governor LePage is going to go to Washington and have lunch with Trump and make America great again, I do have a bridge in New York I’d like to sell.

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Presidential Executive Order on the Review of Designations Under the Antiquities Act

*Editor’s Note* – Below is President Trumps Executive Order (EO) designed to REVIEW, and nothing more, the hows and whys of land designations as National Monuments in the U.S. since 1996. In the following statements made by various political criminals (because they all are), the emotional clap-trap, designed specifically to continue the anger, hatred and fury of brainwashed members of the fake political left and the fake political right. 

On the one side, the lying right is trying to make people think all those monument designations are going to be lifted and the BS slogan of “Make America Great Again” will be in full force while nothing happens except the strategically used rhetoric to fan flames and garner support while ensuring the left continues to hate the right, bringing things ever closer to violent protest or all out civil war. The fake left is of no exception in this incitement of anger and hatred. As is typical, the fake left convinces its blind followers that the world is going to come to an end because some people want to question the need for more and more parks and national monuments.

It will never be learned that the fake left and the fake right, along with their fake president and fake cabinet, have no interest in looking out for what is best for you and I. They never have and never will. The will make you think they are because they are the masters of deceit. Trump and Congress do not decide what will be and what will not be. They are but puppets, controlled by the real powers of the world. Trust me, any and all national monuments are not created with you and I and our future interests in mind.

In short, everything that I have posted here is a bunch of horseshit and should be seen as such. The president and his staff of clever liars are hard at work pretending they are caring for the people and fulfilling campaign promises. They choose their words carefully and then present an EO that does nothing except create bureaucratic garbage. To date, all of Trump’s EOs are nothing but false rhetoric to drive hate.

EO follows:

 

Presidential Executive Order:

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 of the Interior (Secretary) shall conduct a review of all Presidential designations or expansions of designations under the Antiquities Act made since January 1, 1996, where the designation covers more than 100,000 acres, where the designation after expansion covers more than 100,000 acres, or where the Secretary determines that the designation or expansion was made without adequate public outreach and coordination with relevant stakeholders, to determine whether each designation or expansion conforms to the policy set forth in section 1 of this order.  In making those determinations, the Secretary shall consider:

(i)    the requirements and original objectives of the Act, including the Act’s requirement that reservations of land not exceed “the smallest area compatible with the proper care and management of the objects to be protected”;

(ii)   whether designated lands are appropriately classified under the Act as “historic landmarks, historic and prehistoric structures, [or] other objects of historic or scientific interest”;

(iii)  the effects of a designation on the available uses of designated Federal lands, including consideration of the multiple-use policy of section 102(a)(7) of the Federal Land Policy and Management Act (43 U.S.C. 1701(a)(7)), as well as the effects on the available uses of Federal lands beyond the monument boundaries;

(iv)   the effects of a designation on the use and enjoyment of non-Federal lands within or beyond monument boundaries;

(v)    concerns of State, tribal, and local governments affected by a designation, including the economic development and fiscal condition of affected States, tribes, and localities;

(vi)   the availability of Federal resources to properly manage designated areas; and

(vii)  such other factors as the Secretary deems appropriate.

(b)  In conducting the review described in subsection (a) of this section, the Secretary shall consult and coordinate with, as appropriate, the Secretary of Defense, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Energy, the Secretary of Homeland Security, and the heads of any other executive departments or agencies concerned with areas designated under the Act.

(c)  In conducting the review described in subsection (a) of this section, the Secretary shall, as appropriate, consult and coordinate with the Governors of States affected by monument designations or other relevant officials of affected State, tribal, and local governments.

(d)  Within 45 days of the date of this order, the Secretary shall provide an interim report to the President, through the Director of the Office of Management and Budget, the Assistant to the President for Economic Policy, the Assistant to the President for Domestic Policy, and the Chairman of the Council on Environmental Quality, summarizing the findings of the review described in subsection (a) of this section with respect to Proclamation 9558 of December 28, 2016 (Establishment of the Bears Ears National Monument), and such other designations as the Secretary determines to be appropriate for inclusion in the interim report.  For those designations, the interim report shall include recommendations for such Presidential actions, legislative proposals, or other actions consistent with law as the Secretary may consider appropriate to carry out the policy set forth in section 1 of this order.

(e)  Within 120 days of the date of this order, the Secretary shall provide a final report to the President, through the Director of the Office of Management and Budget, the Assistant to the President for Economic Policy, the Assistant to the President for Domestic Policy, and the Chairman of the Council on Environmental Quality, summarizing the findings of the review described in subsection (a) of this section.  The final report shall include recommendations for such Presidential actions, legislative proposals, or other actions consistent with law as the Secretary may consider appropriate to carry out the policy set forth in section 1 of this order.

Sec. 3.  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,
April 26, 2017.

Bishop Statement on Antiquities Act Executive Order

WASHINGTON, D.C., April 27, 2017

House Committee on Natural Resources Chairman Rob Bishop (R-UT) issued the following statement in reaction to President Trump’s announcement on national monument designations.

“Today’s action sends the powerful message that communities will no longer take a back seat to out-of-state special interest groups. I’m pleased to see President Trump recognize long-standing abuses of the Antiquities Act. It was created with noble intent and for limited purposes, but has been hijacked to set aside increasingly large and restricted areas of land without public input.

“I applaud the Trump administration’s clear commitment to do what past administrations refused to do, actually talk to real people who live in the area. This EO is not the end of the story, we will work the Trump administration and our communities to get this right.”

Murkowski Commends Executive Order on National Monuments

U.S. Sen. Lisa Murkowski, R-Alaska, today joined President Donald Trump, Vice President Mike Pence, and Interior Secretary Ryan Zinke for the signing ceremony of an executive order directing the Department of the Interior to conduct a review of national monuments designated under the Antiquities Act since 1996.

Secretary Zinke will review onshore and marine monument designations over 100,000 acres in size, and provide recommendations to the president for changes to the scope and size of those monuments within the next 120 days.

“I strongly support President Trump’s order to review the largest national monuments designated over the past two decades,” Murkowski said. “During the past administration, we saw the Antiquities Act result in sweeping designations that frequently ignored local opposition. This review is a good step forward in our efforts to reform the monument designation process to ensure the concerns of those who stand to be impacted are heard and respected.”

The Obama administration designated a total of 554 million acres—an area five times the size of California, and more than the previous 18 presidents combined—as national and marine monuments. The scale and extent of those designations sharply contrast with the explicit wording of the Antiquities Act, which requires the reservation of “the smallest area compatible with the proper care and management of the objects to be protected.”

Murkowski is a leading congressional advocate for Antiquities Act reform. Earlier this year, she and 27 Republican colleagues introduced S. 33, the Improved National Monument Designation Process Act. The bill would facilitate greater local input and require state approval before national monuments can be designated on federal lands and waters.

Murkowski is chairman of the Committee on Energy and Natural Resources.

WATCH: Cantwell Defends The Protected Status Of National Monuments

President’s Executive Order Threatens San Juan Island and Hanford Reach

Download broadcast-quality video of Sen. Cantwell’s floor statement here.
Watch Sen. Cantwell’s floor statement on YouTube here.

WASHINGTON, D.C. – Ranking Member of the Senate Energy and Natural Resources Committee Maria Cantwell (D-Wash.) today defended the Antiquities Act and the protected status of National Monuments across the country.

Senator Cantwell took to the Senate floor to oppose the President’s short-sighted attempt to illegally roll back the National Monument status for some our country’s most treasured public lands and national monuments, protected to preserve them for public recreation and enjoyment.

“The shortsighted move is a pretext to attack the designation of the Bears Ears National Monument in Utah,” Senator Cantwell said. “Sacred to five tribes, Bears Ears is a breath-taking sight for all Americans who come to experience what is the unbelievable unique beauty of the West.”

In Utah alone, outdoor recreation is responsible for $12 billion in consumer spending each year: more than twice the value of oil and gas produced in the state ($5 billion).

Just today, the Outdoor Industry Association released a new report on the economic contributions of the recreation economy. Nationally, the recreation industry currently creates $887 billion in consumer spending every year. That’s up more than $200 billion (from $646 billion) the last time this study was conducted, a few years ago.

In addition, outdoor recreation industry is responsible for 7.6 million jobs in this country today. That’s growth of 1.5 million jobs since the last time this study was conducted.

Sen. Cantwell explained that President Trump’s Executive Order calls into question more than just Bears Ears National Monument. “Reviewing any designation in the last 20 years, threatening the question of the San Juan Island or the Hanford Reach National Monument and the creation of other sites around the United States and threatening our economies. Time and time again, the Trump administration is pushing for policies that are harmful to our recreation economy, a disaster for our pristine places, and setting a terrible precedent for future conservation efforts.”

In Washington, the outdoor recreation economy generated $22.5 billion in consumer spending and $1.6 billion in state and local tax revenue.

Watch the video of Sen. Cantwell’s floor statement here.

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Presidential Executive Order on Promoting Energy Independence and Economic Growth

*Editor’s Note* – It is important to understand that what this Executive Order appears to be doing and what, in reality, it is doing is most definitely two different things. It appears as though President Trump’s action to rescind practically all of President Obama’s executive orders and orders of memorandum on limiting certain power and energy producing establishments and this country’s policy on Global Warming, is going to turn the clock back several decades to limit the draconian laws used against industry growth and the environment, but is that what he’s doing? Or is he pretending to be doing these things, when in reality, nothing will change?

While the repealing of the Obama executive orders are real, everything else is a word game, crafted to be misleading and non specific. The action from this moment forward is nothing more than a continuation of bureaucratic paper chasing, i.e. ordering agency heads to “review” current orders and “suggest” ways to improve and lessen the encumbrances on industry, present ideas and suggestions to the Office of Management and Budget, write up draft plans based on fake “peer-reviewed best available lies science”, present them for public scrutiny, rewrite final plans, present them to the public, etc. In short, we have no idea what, if anything will change. 

What has changed, immediately upon the signing of the EO by President Trump, is that a percent of the country further hates Trump, willing to kill him and all who follow his religion, and some are going out of their already insane minds believing the earth is going to be destroyed. While on the other side of the false paradigm, others think “America is Great Again,” and we are getting back to a more sensible approach to the pursuit of life, liberty and happiness, under a constitution few understand the meaning and interpretation of.

Consider, if you can, that the powers that actually rule, not just the United States, but the entire world, are far bigger than Donald Trump, the United States Congress and/or their collective. We know, or should know, that when it comes to the Environment and in particular Global Warming/Climate Change, those powers are in full control of that. It has become a powerful weapon against humanity. If you can grasp this concept, then understand that unless President Donald Trump is doing exactly as he is being told to do, he is a dead man walking. None of the Powers and Principalities that control this world would stand by and let any president actually destroy and disrupt all the the work already accomplished with Climate Change and Environmentalism.

However, what they will do, and perhaps are, is take false actions intended to incite people to violence – violence of which is the resulting factor caused by years of brainwashing and mind manipulation and control.

EXECUTIVE ORDER

– – – – – – –

PROMOTING ENERGY INDEPENDENCE AND ECONOMIC GROWTH

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.  (a)  It is in the national interest to promote clean and safe development of our Nation’s vast energy resources, while at the same time avoiding regulatory burdens that unnecessarily encumber energy production, constrain economic growth, and prevent job creation.  Moreover, the prudent development of these natural resources is essential to ensuring the Nation’s geopolitical security.

(b)  It is further in the national interest to ensure that the Nation’s electricity is affordable, reliable, safe, secure, and clean, and that it can be produced from coal, natural gas, nuclear material, flowing water, and other domestic sources, including renewable sources.

(c)  Accordingly, it is the policy of the United States that executive departments and agencies (agencies) immediately review existing regulations that potentially burden the development or use of domestically produced energy resources and appropriately suspend, revise, or rescind those that unduly burden the development of domestic energy resources beyond the degree necessary to protect the public interest or otherwise comply with the law.

(d)  It further is the policy of the United States that, to the extent permitted by law, all agencies should take appropriate actions to promote clean air and clean water for the American people, while also respecting the proper roles of the Congress and the States concerning these matters in our constitutional republic.

(e)  It is also the policy of the United States that necessary and appropriate environmental regulations comply with the law, are of greater benefit than cost, when permissible, achieve environmental improvements for the American people, and are developed through transparent processes that employ the best available peer-reviewed science and economics.

Sec. 2.  Immediate Review of All Agency Actions that Potentially Burden the Safe, Efficient Development of Domestic Energy Resources.  (a)  The heads of agencies shall review all existing regulations, orders, guidance documents, policies, and any other similar agency actions (collectively, agency actions) that potentially burden the development or use of domestically produced energy resources, with particular attention to oil, natural gas, coal, and nuclear energy resources.  Such review shall not include agency actions that are mandated by law, necessary for the public interest, and consistent with the policy set forth in section 1 of this order.

(b)  For purposes of this order, “burden” means to unnecessarily obstruct, delay, curtail, or otherwise impose significant costs on the siting, permitting, production, utilization, transmission, or delivery of energy resources.

(c)  Within 45 days of the date of this order, the head of each agency with agency actions described in subsection (a) of this section shall develop and submit to the Director of the Office of Management and Budget (OMB Director) a plan to carry out the review required by subsection (a) of this section.  The plans shall also be sent to the Vice President, the Assistant to the President for Economic Policy, the Assistant to the President for Domestic Policy, and the Chair of the Council on Environmental Quality.  The head of any agency who determines that such agency does not have agency actions described in subsection (a) of this section shall submit to the OMB Director a written statement to that effect and, absent a determination by the OMB Director that such agency does have agency actions described in subsection (a) of this section, shall have no further responsibilities under this section.

(d)  Within 120 days of the date of this order, the head of each agency shall submit a draft final report detailing the agency actions described in subsection (a) of this section to the Vice President, the OMB Director, the Assistant to the President for Economic Policy, the Assistant to the President for Domestic Policy, and the Chair of the Council on Environmental Quality.  The report shall include specific recommendations that, to the extent permitted by law, could alleviate or eliminate aspects of agency actions that burden domestic energy production.

(e)  The report shall be finalized within 180 days of the date of this order, unless the OMB Director, in consultation with the other officials who receive the draft final reports, extends that deadline.

(f)  The OMB Director, in consultation with the Assistant to the President for Economic Policy, shall be responsible for coordinating the recommended actions included in the agency final reports within the Executive Office of the President.

(g)  With respect to any agency action for which specific recommendations are made in a final report pursuant to subsection (e) of this section, the head of the relevant agency shall, as soon as practicable, suspend, revise, or rescind, or publish for notice and comment proposed rules suspending, revising, or rescinding, those actions, as appropriate and consistent with law.  Agencies shall endeavor to coordinate such regulatory reforms with their activities undertaken in compliance with Executive Order 13771 of January 30, 2017 (Reducing Regulation and Controlling Regulatory Costs).

Sec. 3.  Rescission of Certain Energy and Climate-Related Presidential and Regulatory Actions.  (a)  The following Presidential actions are hereby revoked:

(i)    Executive Order 13653 of November 1, 2013 (Preparing the United States for the Impacts of Climate Change);

(ii)   The Presidential Memorandum of June 25, 2013 (Power Sector Carbon Pollution Standards);

(iii)  The Presidential Memorandum of November 3, 2015 (Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment); and

(iv)   The Presidential Memorandum of September 21, 2016 (Climate Change and National Security).

(b)  The following reports shall be rescinded:

(i)   The Report of the Executive Office of the President of June 2013 (The President’s Climate Action Plan); and

(ii)  The Report of the Executive Office of the President of March 2014 (Climate Action Plan Strategy to Reduce Methane Emissions).

(c)  The Council on Environmental Quality shall rescind its final guidance entitled “Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National Environmental Policy Act Reviews,” which is referred to in “Notice of Availability,” 81 Fed. Reg. 51866 (August 5, 2016).

(d)  The heads of all agencies shall identify existing agency actions related to or arising from the Presidential actions listed in subsection (a) of this section, the reports listed in subsection (b) of this section, or the final guidance listed in subsection (c) of this section.  Each agency shall, as soon as practicable, suspend, revise, or rescind, or publish for notice and comment proposed rules suspending, revising, or rescinding any such actions, as appropriate and consistent with law and with the policies set forth in section 1 of this order.

Sec. 4.  Review of the Environmental Protection Agency’s “Clean Power Plan” and Related Rules and Agency Actions.  (a)  The Administrator of the Environmental Protection Agency (Administrator) shall immediately take all steps necessary to review the final rules set forth in subsections (b)(i) and (b)(ii) of this section, and any rules and guidance issued pursuant to them, for consistency with the policy set forth in section 1 of this order and, if appropriate, shall, as soon as practicable, suspend, revise, or rescind the guidance, or publish for notice and comment proposed rules suspending, revising, or rescinding those rules.  In addition, the Administrator shall immediately take all steps necessary to review the proposed rule set forth in subsection (b)(iii) of this section, and, if appropriate, shall, as soon as practicable, determine whether to revise or withdraw the proposed rule.

(b)  This section applies to the following final or proposed rules:

(i)    The final rule entitled “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units,” 80 Fed. Reg. 64661 (October 23, 2015) (Clean Power Plan);

(ii)   The final rule entitled “Standards of Performance for Greenhouse Gas Emissions from New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units,” 80 Fed. Reg. 64509 (October 23, 2015); and

(iii)  The proposed rule entitled “Federal Plan Requirements for Greenhouse Gas Emissions From Electric Utility Generating Units Constructed on or Before January 8, 2014; Model Trading Rules; Amendments to Framework Regulations; Proposed Rule,” 80 Fed. Reg. 64966 (October 23, 2015).

(c)  The Administrator shall review and, if appropriate, as soon as practicable, take lawful action to suspend, revise, or rescind, as appropriate and consistent with law, the “Legal Memorandum Accompanying Clean Power Plan for Certain Issues,” which was published in conjunction with the Clean Power Plan.

(d)  The Administrator shall promptly notify the Attorney General of any actions taken by the Administrator pursuant to this order related to the rules identified in subsection (b) of this section so that the Attorney General may, as appropriate, provide notice of this order and any such action to any court with jurisdiction over pending litigation related to those rules, and may, in his discretion, request that the court stay the litigation or otherwise delay further litigation, or seek other appropriate relief consistent with this order, pending the completion of the administrative actions described in subsection (a) of this section.

Sec. 5.  Review of Estimates of the Social Cost of Carbon, Nitrous Oxide, and Methane for Regulatory Impact Analysis.  (a)  In order to ensure sound regulatory decision making, it is essential that agencies use estimates of costs and benefits in their regulatory analyses that are based on the best available science and economics.

(b)  The Interagency Working Group on Social Cost of Greenhouse Gases (IWG), which was convened by the Council of Economic Advisers and the OMB Director, shall be disbanded, and the following documents issued by the IWG shall be withdrawn as no longer representative of governmental policy:

(i)    Technical Support Document:  Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866 (February 2010);

(ii)   Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis (May 2013);

(iii)  Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis (November 2013);

(iv)   Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis (July 2015);

(v)    Addendum to the Technical Support Document for Social Cost of Carbon:  Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide (August 2016); and

(vi)   Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis (August 2016).

(c)  Effective immediately, when monetizing the value of changes in greenhouse gas emissions resulting from regulations, including with respect to the consideration of domestic versus international impacts and the consideration of appropriate discount rates, agencies shall ensure, to the extent permitted by law, that any such estimates are consistent with the guidance contained in OMB Circular A-4 of September 17, 2003 (Regulatory Analysis), which was issued after peer review and public comment and has been widely accepted for more than a decade as embodying the best practices for conducting regulatory cost-benefit analysis.

Sec. 6.  Federal Land Coal Leasing Moratorium.  The Secretary of the Interior shall take all steps necessary and appropriate to amend or withdraw Secretary’s Order 3338 dated January 15, 2016 (Discretionary Programmatic Environmental Impact Statement (PEIS) to Modernize the Federal Coal Program), and to lift any and all moratoria on Federal land coal leasing activities related to Order 3338.  The Secretary shall commence Federal coal leasing activities consistent with all applicable laws and regulations.

Sec. 7.  Review of Regulations Related to United States Oil and Gas Development.  (a)  The Administrator shall review the final rule entitled “Oil and Natural Gas Sector:  Emission Standards for New, Reconstructed, and Modified Sources,” 81 Fed. Reg. 35824 (June 3, 2016), and any rules and guidance issued pursuant to it, for consistency with the policy set forth in section 1 of this order and, if appropriate, shall, as soon as practicable, suspend, revise, or rescind the guidance, or publish for notice and comment proposed rules suspending, revising, or rescinding those rules.

(b)  The Secretary of the Interior shall review the following final rules, and any rules and guidance issued pursuant to them, for consistency with the policy set forth in section 1 of this order and, if appropriate, shall, as soon as practicable, suspend, revise, or rescind the guidance, or publish for notice and comment proposed rules suspending, revising, or rescinding those rules:

(i)    The final rule entitled “Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands,” 80 Fed. Reg. 16128 (March 26, 2015);

(ii)   The final rule entitled “General Provisions and Non-Federal Oil and Gas Rights,” 81 Fed. Reg. 77972 (November 4, 2016);

(iii)  The final rule entitled “Management of Non Federal Oil and Gas Rights,” 81 Fed. Reg. 79948 (November 14, 2016); and

(iv)   The final rule entitled “Waste Prevention, Production Subject to Royalties, and Resource Conservation,” 81 Fed. Reg. 83008 (November 18, 2016).

(c)  The Administrator or the Secretary of the Interior, as applicable, shall promptly notify the Attorney General of any actions taken by them related to the rules identified in subsections (a) and (b) of this section so that the Attorney General may, as appropriate, provide notice of this order and any such action to any court with jurisdiction over pending litigation related to those rules, and may, in his discretion, request that the court stay the litigation or otherwise delay further litigation, or seek other appropriate relief consistent with this order, until the completion of the administrative actions described in subsections (a) and (b) of this section.

Sec. 8.  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,
March 28, 2017.

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Presidential Executive Order on the Revocation of Federal Contracting Executive Orders

EXECUTIVE ORDER

– – – – – – –

REVOCATION OF FEDERAL CONTRACTING EXECUTIVE ORDERS

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. Revocation. Executive Order 13673 of July 31, 2014, section 3 of Executive Order 13683 of December 11, 2014, and Executive Order 13738 of August 23, 2016, are revoked.

Sec. 2. Reconsideration of Existing Rules. All executive departments and agencies shall, as appropriate and to the extent consistent with law, consider promptly rescinding any orders, rules, regulations, guidance, guidelines, or policies implementing or enforcing the revoked Executive Orders and revoked provision listed in section 1 of this order.

Sec. 3. 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,
March 27, 2017.

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Trump’s Pen Will Dismantle Some of Obama’s Anti-Gun EOs

*Editor’s Note* – This morning I was listening to Fox and Whine News. In an interview with House Majority Leader, Kevin McCarthy, he was asked whether Trump’s seemingly endless first few days of Executive Actions, was any different than Obama’s. The answer was expected. McCarthy explained that Trump was not writing new Orders, per se, but repealing many of those Obama issued.

Immediately I painted an image in my mind that this would become the “tradition” of succeeding presidents, to spend the first week, month, year, signing Executive Orders to rescind Executive Orders. It is a legal act for a president to change (legally) or effectively repeal (legally) a standing Executive Order, however, what is the point then, if any?

Congress, the corrupt puppets that they are, over the years have allowed for Executive Orders to be used to write new law, side-stepping the Legislative process. That is NOT the job of the president….is it?

Perhaps, instead of perpetuating an act that shouldn’t be so blatantly wrong, it is time for Trump and Congress to get back to clarifying what the purpose of EOs are and keeping the legislative overreach in check.

There will always be EOs but they should be limited.

~~~~~~

Gun Owners of America is optimistic that this is only the first in a series of Trump actions overturning illegal Obama actions.

We are also asking for Trump administration action:

  • Removing the U.S. from the Anti-Gun UN Arms Trade Treaty;
  • Repealing bullet and gun import bans going from Obama back to George H. W. Bush’s semi-auto import ban;
  • Repealing the suspension of health privacy laws with respect to gun owners;
  • Repealing executive actions encouraging doctors to inquire about gun ownership and to enter this information into a federal health database;
  • Restoring gun rights for 257,000 law-abiding veterans;
  • Repealing Obama’s efforts to strip Social Security recipients of their guns, merely because a guardian processes their checks.<<<Read More>>>
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Coordinating Efforts To Prepare the Nation for Space Weather Events

(Note: Emboldening added)

EXECUTIVE ORDER
– – – – – – –
COORDINATING EFFORTS TO PREPARE
THE NATION FOR SPACE WEATHER EVENTS

By the authority vested in me as President by the Constitution and the laws of the United States of America, and to prepare the Nation for space weather events, it is hereby ordered as follows:

Section 1. Policy. Space weather events, in the form of solar flares, solar energetic particles, and geomagnetic disturbances, occur regularly, some with measurable effects on critical infrastructure systems and technologies, such as the Global Positioning System (GPS), satellite operations and communication, aviation, and the electrical power grid. Extreme space weather events — those that could significantly degrade critical infrastructure — could disable large portions of the electrical power grid, resulting in cascading failures that would affect key services such as water supply, healthcare, and transportation. Space weather has the potential to simultaneously affect and disrupt health and safety across entire continents. Successfully preparing for space weather events is an all-of-nation endeavor that requires partnerships across governments, emergency managers, academia, the media, the insurance industry, non-profits, and the private sector.

It is the policy of the United States to prepare for space weather events to minimize the extent of economic loss and human hardship. The Federal Government must have (1) the capability to predict and detect a space weather event, (2) the plans and programs necessary to alert the public and private sectors to enable mitigating actions for an impending space weather event, (3) the protection and mitigation plans, protocols, and standards required to reduce risks to critical infrastructure prior to and during a credible threat, and (4) the ability to respond to and recover from the effects of space weather. Executive departments and agencies (agencies) must coordinate their efforts to prepare for the effects of space weather events.

Sec. 2. Objectives. This order defines agency roles and responsibilities and directs agencies to take specific actions to prepare the Nation for the hazardous effects of space weather. These activities are to be implemented in conjunction with those identified in the 2015 National Space Weather Action Plan (Action Plan) and any subsequent updates. Implementing this order and the Action Plan will require the Federal Government to work across agencies and to develop, as appropriate, enhanced and innovative partnerships with State, tribal, and local governments; academia; non-profits; the private sector; and international partners. These efforts will enhance national preparedness and speed the creation of a space-weather-ready Nation.

Sec. 3. Coordination. (a) The Director of the Office of Science and Technology Policy (OSTP), in consultation with the Assistant to the President for Homeland Security and Counterterrorism and the Director of the Office of Management and Budget (OMB), shall coordinate the development and implementation of Federal Government activities to prepare the Nation for space weather events, including the activities established in section 5 of this order and the recommendations of the National Science and Technology Council (NSTC), established by Executive Order 12881 of November 23, 1993 (Establishment of the National Science and Technology Council).

(b) To ensure accountability for and coordination of research, development, and implementation of activities identified in this order and in the Action Plan, the NSTC shall establish a Space Weather Operations, Research, and Mitigation Subcommittee (Subcommittee). The Subcommittee member agencies shall conduct activities to advance the implementation of this order, to achieve the goals identified in the 2015 National Space Weather Strategy and any subsequent updates, and to coordinate and monitor the implementation of the activities specified in the Action Plan and provide subsequent updates.

Sec. 4. Roles and Responsibilities. To the extent permitted by law, the agencies below shall adopt the following roles and responsibilities, which are key to ensuring enhanced space weather forecasting, situational awareness, space weather preparedness, and continuous Federal Government operations during and after space weather events.

(a) The Secretary of Defense shall ensure the timely provision of operational space weather observations, analyses, forecasts, and other products to support the mission of the Department of Defense and coalition partners, including the provision of alerts and warnings for space weather phenomena that may affect weapons systems, military operations, or the defense of the United States.

(b) The Secretary of the Interior shall support the research, development, deployment, and operation of capabilities that enhance the understanding of variations of the Earth’s magnetic field associated with solar-terrestrial interactions.

(c) The Secretary of Commerce shall:

(i) provide timely and accurate operational space weather forecasts, watches, warnings, alerts, and real-time space weather monitoring for the government, civilian, and commercial sectors, exclusive of the responsibilities of the Secretary of Defense; and

(ii) ensure the continuous improvement of operational space weather services, utilizing partnerships, as appropriate, with the research community, including academia and the private sector, and relevant agencies to develop, validate, test, and transition space weather observation platforms and models from research to operations and from operations to research.

(d) The Secretary of Energy shall facilitate the protection and restoration of the reliability of the electrical power grid during a presidentially declared grid security emergency associated with a geomagnetic disturbance pursuant to 16 U.S.C. 824o-1.

(e) The Secretary of Homeland Security shall:

(i) ensure the timely redistribution of space weather alerts and warnings that support national preparedness, continuity of government, and continuity of operations; and

(ii) coordinate response and recovery from the effects of space weather events on critical infrastructure and the broader community.

(f) The Administrator of the National Aeronautics and Space Administration (NASA) shall:

(i) implement and support a national research program to understand the Sun and its interactions with Earth and the solar system to advance space weather modeling and prediction capabilities applicable to space weather forecasting;

(ii) develop and operate space-weather-related research missions, instrument capabilities, and models; and

(iii) support the transition of space weather models and technology from research to operations and from operations to research.

(g) The Director of the National Science Foundation (NSF) shall support fundamental research linked to societal needs for space weather information through investments and partnerships, as appropriate.

(h) The Secretary of State, in consultation with the heads of relevant agencies, shall carry out diplomatic and public diplomacy efforts to strengthen global capacity to respond to space weather events.

(i) The Secretaries of Defense, the Interior, Commerce, Transportation, Energy, and Homeland Security, along with the Administrator of NASA and the Director of NSF, shall work together, consistent with their ongoing activities, to develop models, observation systems, technologies, and approaches that inform and enhance national preparedness for the effects of space weather events, including how space weather events may affect critical infrastructure and change the threat landscape with respect to other hazards.

(j) The heads of all agencies that support National Essential Functions, defined by Presidential Policy Directive 40 (PPD-40) of July 15, 2016 (National Continuity Policy), shall ensure that space weather events are adequately addressed in their all-hazards preparedness planning, including mitigation, response, and recovery, as directed by PPD-8 of March 30, 2011 (National Preparedness).

(k) NSTC member agencies shall coordinate through the NSTC to establish roles and responsibilities beyond those identified in section 4 of this order to enhance space weather preparedness, consistent with each agency’s legal authority.

Sec. 5. Implementation. (a) Within 120 days of the date of this order, the Secretary of Energy, in consultation with the Secretary of Homeland Security, shall develop a plan to test and evaluate available devices that mitigate the effects of geomagnetic disturbances on the electrical power grid through the development of a pilot program that deploys such devices, in situ, in the electrical power grid. After the development of the plan, the Secretary shall implement the plan in collaboration with industry. In taking action pursuant to this subsection, the Secretaries of Energy and Homeland Security shall consult with the Chairman of the Federal Energy Regulatory Commission.

(b) Within 120 days of the date of this order, the heads of the sector-specific agencies that oversee the lifeline critical infrastructure functions as defined by the National Infrastructure Protection Plan of 2013 — including communications, energy, transportation, and water and wastewater systems — as well as the Nuclear Reactors, Materials, and Waste Sector, shall assess their executive and statutory authority, and limits of that authority, to direct, suspend, or control critical infrastructure operations, functions, and services before, during, and after a space weather event. The heads of each sector-specific agency shall provide a summary of these assessments to the Subcommittee.

(c) Within 90 days of receipt of the assessments ordered in section 5(b) of this order, the Subcommittee shall provide a report on the findings of these assessments with recommendations to the Director of OSTP, the Assistant to the President for Homeland Security and Counterterrorism, and the Director of OMB. The assessments may be used to inform the development and implementation of policy establishing authorities and responsibilities for agencies in response to a space weather event.

(d) Within 60 days of the date of this order, the Secretaries of Defense and Commerce, the Administrator of NASA, and the Director of NSF, in collaboration with other agencies as appropriate, shall identify mechanisms for advancing space weather observations, models, and predictions, and for sustaining and transitioning appropriate capabilities from research to operations and operations to research, collaborating with industry and academia to the extent possible.

(e) Within 120 days of the date of this order, the Secretaries of Defense and Commerce shall make historical data from the GPS constellation and other U.S. Government satellites publicly available, in accordance with Executive Order 13642 of May 9, 2013 (Making Open and Machine Readable the New Default for Government Information), to enhance model validation and improvements in space weather forecasting and situational awareness.

(f) Within 120 days of the date of this order, the Secretary of Homeland Security, through the Administrator of the Federal Emergency Management Agency and in coordination with relevant agencies, shall lead the development of a coordinated Federal operating concept and associated checklist to coordinate Federal assets and activities to respond to notification of, and protect against, impending space weather events. Within 180 days of the publication of the operating concept and checklist, agencies shall develop operational plans documenting their procedures and responsibilities to prepare for, protect against, and mitigate the effects of impending space weather events, in support of the Federal operating concept and compatible with the National Preparedness System described in PPD-8.

Sec. 6. Stakeholder Engagement. The agencies identified in this order shall seek public-private and international collaborations to enhance observation networks, conduct research, develop prediction models and mitigation approaches, enhance community resilience and preparedness, and supply the services necessary to protect life and property and promote economic prosperity, as consistent with law.

Sec. 7. Definitions. As used in this order:

(a) “Prepare” and “preparedness” have the same meaning they have in PPD-8. They refer to the actions taken to plan, organize, equip, train, and exercise to build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. This includes the prediction and notification of space weather events.

(b) “Space weather” means variations in the space environment between the Sun and Earth (and throughout the solar system) that can affect technologies in space and on Earth. The primary types of space weather events are solar flares, solar energetic particles, and geomagnetic disturbances.

(c) “Solar flare” means a brief eruption of intense energy on or near the Sun’s surface that is typically associated with sunspots.

(d) “Solar energetic particles” means ions and electrons ejected from the Sun that are typically associated with solar eruptions.

(e) “Geomagnetic disturbance” means a temporary disturbance of Earth’s magnetic field resulting from solar activity.

(f) “Critical infrastructure” has the meaning provided in section 1016(e) of the USA Patriot Act of 2001 (42 U.S.C. 5195c(e)), namely systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters.

(g) “Sector-Specific Agency” means the agencies designated under PPD-21 of February 12, 2013 (Critical Infrastructure Security and Resilience), or any successor directive, to be responsible for providing institutional knowledge and specialized expertise as well as leading, facilitating, or supporting the security and resilience programs and associated activities of its designated critical infrastructure sector in the all-hazards environment. Sec. 8. General Provisions.

(a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an agency, or the head thereof; or (ii) the functions of the Director of OMB 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.

 

BARACK OBAMA

 

THE WHITE HOUSE,
October 13, 2016.

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Presidential Determination on Refugee Admissions for Fiscal Year 2017

*Emphasis Added*

Memorandum for the Secretary of State

In accordance with section 207 of the Immigration and Nationality Act (the “Act”) (8 U.S.C. 1157), and after appropriate consultations with the Congress, I hereby make the following determinations and authorize the following actions:

The admission of up to 110,000 refugees to the United States during Fiscal Year (FY) 2017 is justified by humanitarian concerns or is otherwise in the national interest; provided that this number shall be understood as including persons admitted to the United States during FY 2017 with Federal refugee resettlement assistance under the Amerasian immigrant admissions program, as provided below.

The admissions numbers shall be allocated among refugees of special humanitarian concern to the United States in accordance with the following regional allocations; provided that the number of admissions allocated to the East Asia region shall include persons admitted to the United States during FY 2017 with Federal refugee resettlement assistance under section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988, as contained in section 101(e) of Public Law 100-202 (Amerasian immigrants and their family members):

Africa……………………. 35,000

East Asia…………………. 12,000

Europe and Central Asia…….. 4,000

Latin America and the Caribbean 5,000

Near East and South Asia……. 40,000

Unallocated Reserve………… 14,000

The 14,000 unallocated refugee numbers shall be allocated to regional ceilings, as needed. Upon providing notification to the Judiciary Committees of the Congress, you are hereby authorized to use unallocated admissions in regions where the need for additional admissions arises.

Additionally, upon notification to the Judiciary Committees of the Congress, you are further authorized to transfer unused admissions allocated to a particular region to one or more other regions, if there is a need for greater admissions for the region or regions to which the admissions are being transferred. Consistent with section 2(b)(2) of the Migration and Refugee Assistance Act of 1962, I hereby determine that assistance to or on behalf of persons applying for admission to the United States as part of the overseas refugee admissions program will contribute to the foreign policy interests of the United States and designate such persons for this purpose.

Consistent with section 101(a)(42) of the Act (8 U.S.C. 1101(a)(42)), and after appropriate consultation with the Congress, I also specify that, for FY 2017, the following persons may, if otherwise qualified, be considered refugees for the purpose of admission to the United States within their countries of nationality or habitual residence:

a. Persons in Cuba

b. Persons in Eurasia and the Baltics

c. Persons in Iraq [[Page 70316]]

d. Persons in Honduras, Guatemala, and El Salvador

e. In exceptional circumstances, persons identified by a United States Embassy in any location You are authorized and directed to publish this determination in the Federal Register.

THE WHITE HOUSE, Washington, September 28, 2016

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If DOJ Prevails in North Carolina’s HB2 Case, Future Presidents Could Re-Write Federal Laws

*Editor’s Note* – The National Center for Public Policy Research asks if “future presidents” could rewrite Federal Law. The question actually is answered by a simple examination of what has and continues to be a disregard of Federal Law and the authority granted any president to do just as he or she damned well pleases. The intent of “executive actions” is being severely abused, at least as most of us have been led to believe is the purpose of executive privilege. With each successive executive action that goes unchallenged by the public or by Congress, remains as precedence and policy, which drives the laws of this land today. The question here by NCPPR appears as though such a move to declare defining any sex as sexual discrimination, is something an administration can’t do. Since when does such a claim matter anymore?

I think this action was well described earlier today by a contributor to the website, in his article about “Arguing the Premise.”

Press Release from the National Center for Public Policy Research:

Could Barack Obama and His Successor, Presumably Hillary Clinton or Donald Trump, Re-Write the 1964 Civil Rights Act Anytime They Want?

National Center for Public Policy Research Asks Major Software Company Why It Argues In Court That Assigning the Use of Public Restrooms and Showers by Biological Sex Is Illegal “Sex Discrimination”

U.S. Department of Justice Argues that 1964 Civil Rights Act, 1972 Education Act and 2013 Education Act All Make Traditional Biological Determinations of Sex Illegal Under Federal Law

68 Corporations, Including Red Hat, Claim the DOJ is Right

But When Did Congress Pass a Law Saying the Very Idea of Biological Sex is Illegal Discrimination?

Answer: It Didn’t.

Does Red Hat Believe the DOJ Can Re-Write Federal Law Any Way It Wants? Does It Argue that Donald Trump or Hillary Clinton Could, Too?

Raleigh, NC/Washington, D.C.  At today’s annual meeting of Red Hat shareholders held in Raleigh, North Carolina, the National Center for Public Policy Research asked management for the legal rationale behind the company’s argument that assigning sex based on physiology constitutes illegal “sex discrimination” under federal law.

North Carolina passed a law, known as HB2, determining that public restrooms, locker rooms and shower facilities, including some in educational settings, should be used by individuals based on their biological sex. The U.S. Department of Justice (DOJ) has gone to federal court to argue the law should be thrown out because assigning sex by biology constitutes illegal “sex discrimination.”

The DOJ is arguing that under the 1964 Civil Rights Act, the 1972 Education Act Amendments and the 2013 Violence Against Women Act, assigning a person a sex based on their physiology constitutes illegal sex discrimination.

National Center General Counsel and Free Enterprise Project Director Justin Danhof, Esq., asked Red Hat’s management at the meeting just when it became illegal to assign sex by biology.

Danhof asked the Red Hat management:

This case is about much more than diversity. This is a question about law.

Is it the position of Red Hat’s management that Congress, when it voted for the 1964 Civil Rights Act and the 1972 Education Act Amendments, intended “sex” to be a mental state or belief about one’s sex not necessarily related to biology or physiology?

Or is it the position of Red Hat’s management that Congress, when referring to sex in 1964 and 1972, meant the term to refer to biological males and females, and that the definition of “sex” in federal law has simply changed over the years?

If the definition of “sex” has changed, how did it change in federal law without Congress voting to change it and no federal court ruling redefining it?

Or is it the position of Red Hat that the executive branch can change the core meaning of federal laws all by itself?

In response, Red Hat CEO James Whitehurst largely deferred to the company’s general counsel, Michael Cunningham.

Company executives claimed that they signed the brief based on public policy reasons, fearing that HB2 would lead to discrimination. Cunningham then tried to parse the legal procedure of the case by stating that the company signed onto a brief supporting an injunction on HB2 until the full case on the merits is litigated – and that the company didn’t necessarily back DOJ’s full lawsuit.

“I pressed Red Hat’s executives on the claim that they only signed a brief supporting an injunction. I pointed out that this was a distinction without a difference since the brief that Red Hat signed and the DOJ’s brief on the merits apply the same logic and much of the same legal principles. At that point, Cunningham conceded that the company did support the DOJ’s primary position regarding HB2 and thought the law should be overturned,” noted Danhof.

“I left the meeting with the sense that the company is fully supporting the Obama Administration’s effort to rewrite federal law and that it somehow thinks the DOJ is justified in this extra-Constitutional action,” said Danhof. “So I warned Red Hat’s executives that they are supporting a potentially precedent-setting case with ramifications far beyond North Carolina’s HB2 law – and that in the future they should take a much more earnest look at all the issues before getting involved in legal cases that have almost nothing to do with the company’s operations.”

The core of the Department of Justice’s case is that the DOJ can re-define the meaning of “sex discrimination” in the 1964 Civil Rights Act and in Title IX of the 1972 Education Act, two of the most influential civil rights laws ever adopted by Congress. By endorsing the DOJ’s position in the case, Red Hat and the other corporations have explicitly endorsed allowing the executive branch to re-write federal law.

“Does corporate America really believe the executive branch can re-write federal law anytime it wants?” asked Amy Ridenour, chairman of the National Center for Public Policy Research. “Because the companies are arguing either that Members of Congress in 1964 and 1972 intended the word ‘sex’ to refer not to biological men and women but to a fluid definition individuals can change, even repeatedly, or that Congress changed the definition since those laws were passed. But if Congress changed those laws, when did it do so?”

“Red Hat and 67 other major corporations, including Nike, General Electric, American Airlines and United Airlines, IBM, Dow Chemical, Capital One and many others are arguing that the executive branch – that means Barack Obama and soon, presumably, Donald Trump or Hillary Clinton – can change laws anytime he or she wants,” added Ridenour. “All these corporations should be explaining to their shareholders why they have gone to court arguing that the separation of powers laid out in the U.S. Constitution, which says Congress passes the laws and the executive branch enforces them, is no longer in effect, and when and how that change took place.”

“If these 68 corporations and the DOJ prevail in their case and the executive branch does get the power to re-write federal law by itself,” Ridenour concluded, “they had better hope no anti-business politician ever gets elected President of the United States.”

On March 23rd, North Carolina’s legislature passed HB2, formally titled the “Public Facilities Privacy and Security Act,” often called North Carolina’s restroom and shower law. Among other things, the law states that individuals must use public restrooms corresponding with the sex on their birth certificate (transgender individuals can change the sex on their birth certificate after gender reassignment surgery). On May 9th, the Justice Department filed suit seeking to halt the law’s implementation. On July 8th, 68 major corporations, in conjunction with the Human Rights Campaign, filed a legal brief supporting the Justice Department’s position. The trial is tentatively scheduled to start November 14.

“Who uses which public restroom, locker room or public shower facility in the Tar Heel state has nothing to do with Red Hat’s international software business,” added Danhof. “Yet, Red Hat and 67 other major corporations are actively involved in litigation supporting the federal government’s attempt to block North Carolina’s common sense public accommodation law. Unfortunately, many of these corporations probably have no idea what they are really doing is supporting the U.S. Justice Department’s efforts to upend the rule of law and separation of powers.”

“Also, where is all this supposed discrimination? To hear these corporate executives talk or read the words in their legal brief, one would expect widespread news coverage of constant discrimination of transgender individuals across North Carolina. The dearth of such stories speaks truth to these lies of discrimination,” Danhof concluded.

In July, the National Center issued a press release criticizing the 68 companies, including Red Hat, that are working with the Obama Administration to give the executive branch more power in rewriting federal laws. In that release, Danhof noted:

Besides offending the sensibilities of millions of Americans and North Carolinians who don’t wish to have grown men and young girls in states of undress in the same public facility, the Justice Department’s lawsuit seeks to fundamentally alter the rule of law. Obama’s Justice Department has long sought to include self-identified transgender individuals as a protected class under Title VII of the 1964 Civil Rights Act and Title IX of the Education Act Amendments of 1972. Since the DOJ doesn’t have the Constitutional authority to rewrite laws, it is trying to seek the same result by establishing precedent with this court case. Such a result would irreparably damage America’s unique separation of powers and open the floodgates for increased executive branch control over state and local matters.

If the government is going to extend the Civil Rights Act to cover individuals who merely identify as transgender – but choose not to actually change their gender medically or legally – than that’s up to the U.S. Congress. Members of Congress are elected and accountable to the American people. Attorney General Loretta Lynch and her lackeys at the Department of Justice are not. However, publicly-held companies are accountable to their investors and customers. Corporations that want to undermine the American people need to hear from these stakeholders. Every time a corporation even hints at taking a perceived conservative action or position, the liberal activist machine kicks into high gear and attacks that corporation. Conservative and free enterprise-minded folks need to start using the same tactics to go after companies that limit freedom.

“Even if this case was purely about the public restroom, locker room and shower provisions in HB2, Red Hat is making a poor strategic decision. Opinion polls show a plurality of Americans support the law’s commonsense approach requiring men and boys to use the men’s facilities and women and girls to use the women’s facilities when in public places,” noted Danhof. “If Red Hat wants an example of what public backlash can look like for supporting perverse restroom and accommodation policies, it should look to Target Corporation. After announcing that its restrooms and changing rooms were open to anyone based on their subjective identification, the retailer’s stock price and foot traffic to its stores plummeted.”

National Center President David Ridenour is a Red Hat shareholder.

In May, Danhof confronted Pepsi CEO Indra Nooyi after she called for North Carolina Governor Pat McCrory to repeal HB2. While Nooyi defended Pepsi’s position, the company did not join in the Human Rights Campaign legal brief that Red Hat endorsed.

* * *

The National Center’s Free Enterprise Project is the nation’s preeminent free-market activist group focusing on shareholder activism and the confluence of big government and big business. In 2014-15, National Center representatives participated in 69 shareholder meetings advancing free-market ideals in the areas of health care, energy, taxes, subsidies, regulations, religious freedom, food policies, media bias, gun rights, workers’ rights and many other important public policy issues. Today’s Red Hat meeting marks its 19th shareholder meeting of 2016.

Just this year, the Free Enterprise Project has been featured in the Washington Post, the Washington Times, Fox News’ “Cavuto,” the Drudge Report, the Financial Times, Crain’s Chicago Business, Hollywood Reporter, the Los Angeles Times, Fortune, Newsmax, the Daily Caller, Lifezette, the Seattle Times, the San Francisco Chronicle, and the Chicago Tribune among many others.

The National Center’s Free Enterprise Project is also prominently featured in Wall Street Journal writer Kimberley Strassel’s new book, “The Intimidation Game: How the Left is Silencing Free Speech,” published by the Hachette Book Group.

The National Center for Public Policy Research, founded in 1982, is a non-partisan, free-market, independent conservative think-tank. Ninety-four percent of its support comes from individuals, less than four percent from foundations, and less than two percent from corporations. It receives over 350,000 individual contributions a year from over 96,000 active recent contributors. Sign up for free issue alerts here or follow us on Twitter at @NationalCenter.

 

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Using High Licensing Fees to Destroy Gunsmith Trade

There’s more than one way to destroy the Second Amendment. Fascist Obama takes one more step through Executive action.

Summary: The Directorate of Defense Trade Controls (DDTC) has reviewed and consolidated policy guidance about whether various activities related to firearms constitute manufacturing for International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130) purposes and require registration with DDTC and payment of a registration fee. DDTC has found that many – but not all – traditional gunsmithing activities do not constitute manufacturing for ITAR purposes and, therefore, do not require registration with DDTC. The following guidance is confined to DDTC’s ITAR implementation. You must also comply with all other relevant laws.<<<Read More>>>

Read more from the NRA here.

 

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Delegation of Authority Under Section 1247 of the National Defense Authorization Act for Fiscal Year 2016

Memorandum for the Secretary of State

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby order as follows:

I hereby delegate the functions and authorities vested in the President by section 1247 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92) (the “Act”) to the Secretary of State. (emboldening added)

Any reference in this memorandum to the Act shall be deemed to be a reference to any future act that is the same or substantially the same as such provision.

You are authorized and directed to publish this memorandum in the Federal Register.

(Presidential Sig.)

THE WHITE HOUSE, Washington, July 26, 2016

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