Executive Order 13817: Strategic Minerals

What the Executive Order Says

Executive Order (EO) 13817 is entitled "A Federal Strategy To Ensure Secure and Reliable Supplies of Critical Minerals" and was issued on December 20, 2017.  It has 5 sections.

Section 1

This section lays out the background about issues with certain critical minerals; some of which are present in the USA but are not being mined.  The argument presented states that in some cases, mining companies will not endeavor to mine because of too much regulation which would make the mining operation unprofitable.

Section 2

This section defines what a critical mineral is.  It directs the Secretary of the Interior to publish a list of critical minerals in the Federal Register within 60 days.

Section 3

This section defines actions to be taken.  Subsections (a) and (b) are throwaway comments.  Subsection (c) commits to providing electronic access to all government topographical data.  I would like to be sure that this access is given to all and not just mining companies.  Subsection (d) beats on that same drum of deregulation that the administration has been pounding on since the beginning.

Section 4

This section asks for a report and lists specific items, consistent with section 3, that have to be reported on.  Given the national security implications of some of this, I would not be surprised if there is a need to have a classified version of this report generated.  Why advertise to the world where the weaknesses are?  Subsection (b) indicates that the implementation of this EO is to be done consistently with previous EO's such as 13771, 13783, 13807 and 12866.

Section 5

This section includes the necessary fine print to assure the constitutionality of the EO.

My Commentary

One of the standard lines of argument that is presented by authoritarian leaning figures is that security trumps all.  Anything that needs to be done in the name of securing the nation should be done because it is countering an existential threat and countering the threat is worth sacrificing ideals for since if the threat is successful, we won't be here any longer to practice the ideal we tried to save.  I see this argument in the part where it directs that streamlining and simplifying the permitting process should be done for enhancing access to critical, national security required, minerals.
The lessons of World War II include the reality that starving your opponent of critical resources does give one an edge in the fight.  We acknowledge this in the current foreign policy of sanctions against Iran and North Korea.  Because there is a need to keep secrets, real objective justification of the need for the kind of action that is included in this EO cannot be presented to the average person.  Therefore the administration is operating on trust and based on what they have done in the past, the argument for national security just seems more likely to be pretense than reality.  The questions is whether it is to advance the deconstruction of the administrative state or, rather, as a give-away to political allies in the mining industry.
The lessons of the environmental damage sustained by convenient disposal of industrial wastes and by-products that were learned in the 1970's came at a high cost to the communities affected and it was pretty clear that the people rejected these practices.  Are we going to have to re-learn these lessons over the next 5-10 years?

Presidential Memorandum on Space Exploration

On December 11, 2017, a Memorandum was issued entitled "Space Policy Directive-1: Reinvigorating America's Human Space Exploration Program."  The Memorandum is addressed to a large number of cabinet members.  This memorandum has 2 sections.

Section 1

This section indicates that the memorandum amends a previous 2010 Space Exploration Directive-4 to replace a vague sentence with some more specific goals.  I have not been able to find this referenced document on the internet, the closest is this.  The EO states that the USA will first focus on going back to the moon and then set sights on exploration further afield.

Section 2

This section directs that the memorandum be published in the Federal Register as well as the usual fine print to assure that the executive actions are not overstepping constitutional authority.

My Commentary

The long term goal of getting off this planet is one that I share.  For the survival of the species and many of the species on Earth at this time, it is going to become necessary, due to the limitations of resources on Earth, to be able to escape to the stars.  However, space exploration needs more than just noble words, it needs money, resources, public focus and inspiration which are all things that the current administration has not granted the Agencies that are supposed to carry out this work.  As such, this memorandum is just another bit of hypocrisy from the current administration.

Recent Presidential Documents (EO 13816 and others)

Here are some recently issued Presidential Documents.

Executive Orders

Executive Order 13816

Executive Order (EO) 13816 is entitled "Revising the Seal for the National Credit Union Administration" and was issued on December 8, 2017.  This executive order changes the seal of the NCUA which had been established under EO 11580.  The EO goes into some detail about the symbols and other things that appear on the seal.  I am bemused that an EO had to be issued for such a thing.

Proclamations

• Proclamation 9684: National Pearl Harbor Remembrance Day, 2017, issued December 7, 2017 as required by law.
• Proclamation 9685: Human Rights Day, Bill of Rights Day, and Human Rights Week, 2017, issued December 8, 2017.  This proclamation states "We remember those suffering under the yolk[sic] of authoritarianism..." which leads me to believe authoritarianism, under the current administration, includes a breakfast buffet.
• Proclamation 9686: Wright Brothers Day, 2017, issued December 15, 2017 as required by law.

Determinations

• Determination 2018-1: Presidential Determination Pursuant to Section 1245(d)(4)(B) and (C) of the National Defense Authorization Act for Fiscal Year 2012, issued on November 15. 2017.  This is issued as a memo to the Secretaries of State, Treasury and Energy.  This is a repeat of Determination 2017-6 and continues the sanctions against Iran as per PL 112-81.
• Determination 2018-2: Suspension of Limitations Under the Jerusalem Embassy Act, issued on December 6, 2017.  This is also a repeat, in this case Determination 2017-07 as PL 104-45 requires that the exemptions are waived every 6 months.

Memoranda

Memorandum of December 8, 2017: Delaying Submission of the Small Business Administration Report Under the Trade Facilitation and Trade Enforcement Act of 2015.  This memorandum is addressed to the Chief Counsel for Advocacy of the Small Business Administration.  In accordance with the act (PL 114-125), a report has to be generated within 180 days.  However, this memorandum is directing the Chief Counsel to delay the report until after negotiations are completed.

The Year in Review: 2017

So back a year ago, I had posted my first post and launched this blog, a project that has consumed quite some amount of my "free" time.  While I have had some enjoyment of writing these blog entries, I have some doubts as to whether other people find them useful or worthwhile.  Writing on some arbitrary document is a challenge which helps me keep my mind alert and often leads to learning some obscure trivia about the topic at hand, but I know that more time spent researching the topic would improve my writing.  While trying to get 4 or more posts done each week, I often only have parts of the weekend to spend wordsmithing.  Often, a given blog post is only about 30-45 minutes worth of work and unless it is something that has come up before, you, dear reader, are getting my unfiltered first impressions which, in hindsight, is sometimes the text equivalent of a blank stare.  Based on the stats that the Google tools provide, I've covered some esoteric topics (since surprisingly some of my blog entries appear in the top 10 results for certain keywords) and there are a few of my posts that seem to have generated some interest although no one has commented or sent me nasty messages about what I've written.  I've had some 2400 page views but certainly some number of those are going to be search engines indexing the site.  I've written about 190 posts, cross-posted them to Google+ and occasionally to Facebook.  We shall see what 2018 brings
So, thank you dear reader for spending your "free" time reading my electronic rants and scribbles.  I hope you have a wonderful 2018.

Book Review: The Man in the High Castle

The Man in the High Castle by Philip K Dick was written back at the end of the 1950's and is set in an alternate world in 1962.  Since the last book review that I wrote, I had tried and failed to read through a couple of books, one being Jon Green's Turtles all the way down and the other being a history of quantum physics which seemed to be advertised as a biography of Wheeler and Bohr but seemed to be very much about Feynman up to the point that I had read and given up.
Anyway, so I was reminded about Dick's book, which had recently been made into a TV series, I believe, from something I had read on quantum physics even though there is nothing about quantum physics in The Man in the High Castle.  The only thing that is even close is if you were to think that Dick had tried to used the multiple worlds interpretation in his work although I don't think that was developed until much later.  In the alternate world, the Allies have lost World War II and Germany and Japan have divided the globe in half.  The story occurs in Japanese occupied California where there is intrigue afoot.  This alternate reality focuses on the horrors committed by Germans and extends them to logical consequences of the supremacist views and this would make riveting television in today's extremely polarized USA.
One of the items that is an important symbol in the book is the I Ching.  This oracle features prominently and is given god-like powers.  Although at the time, AI would have not been something that Dick would likely have known about, it does appear as if the I Ching functions partly in the way that the current AI technology (for example Machine Learning) works.
I enjoyed the book and plan to read some more of Dick's work since he is credited with writing science fiction in a "non-pulp" way.  Comparing this book with some of Asimov's or Clark's writings, Dick has a distinctly literary feel to his writing.  There is much focus on the emotionality of the characters; there is character development; there is literary allusion.  While Dick is characterized (and rightly so) as a science fiction writer, this book does not feel Sci-Fi because his prognostications about the future from a 1960 perspective are irrelevant to the modern reader.  The edition I read was unapologetic about the reader not knowing German.  I don't speak, but I have had enough exposure I can figure some things out.  But I feel like I missed the point (or possibly some inside joke) because of a lack of understanding.  Additionally, a good understanding of World War II is necessary to put the events of the book into context.  Millennials will probably struggle to get the WWII context.  But I would recommend this book to anyone who enjoys reading something a bit challenging.

Presidential Proclamations: Jan / Feb / Mar 2017

In this post we will look at Presidential Proclamations issued by the current administration in January, February and March of 2017.  These are mostly celebratory or commemorative in nature and do not create any new initiatives or set policy.

• Proclamation 9586: World Autism Awareness Day, 2017, issued March 31, 2017.
• Proclamation 9585: National Sexual Assault Awareness and Prevention Month, 2017, issued March 31, 2017.
• Proclamation 9584: National Financial Capability Month, 2017, issued March 31, 2017.
• Proclamation 9583: National Donate Life Month, 2017, issued March 31, 2017.
• Proclamation 9582: National Child Abuse Prevention Month, 2017, issued March 31. 2017
• Proclamation 9581: Cancer Control Month, 2017, issued March 31, 2017 as required by law.
• Proclamation 9580: Greek Independence Day: A National Day of Celebration of Greek and American Democracy, 2017, issued on March 24, 2017.
• Proclamation 9579: National Agriculture Day, 2017, issued on March 21, 2017.
• Proclamation 9578: National Poison Prevention Week, 2017, issued on March 17, 2017 as required by law.
• Proclamation 9577: National Consumer Protection Week, 2017, issued on March 6, 2017.
• Proclamation 9576: Women's History Month, 2017, issued on March 1, 2017.
• Proclamation 9575: Irish-American Heritage Month, 2017, issued on March 1, 2017.
• Proclamation 9574: American Red Cross Month, 2017, issued on March 1, 2017.
• Proclamation 9573: American Heart Month, 2017, issued on February 2, 2017 as required by law.
• Proclamation 9572: National African American History Month, 2017, issued February 1, 2017.
• Proclamation 9571: National School Choice Week, 2017, issued January 25, 2017.
• Proclamation 9570: National Day of Patriotic Devotion, issued January 20, 2017.

Presidential Proclamations: April 2017

In this post, we look at a number Presidential Proclamations that were issued in April 2017.  Most of these are celebratory or commemorative in nature and do not include any new initiatives or set policy.

• Proclamation 9602: Loyalty Day, 2017, issued April 28, 2017 as required by law.
• Proclamation 9601: Small Business Week, 2017, issued April 27, 2017.
• Proclamation 9600: National Charter Schools Week, 2017, issued April 28, 2017.
• Proclamation 9599: Older Americans Month, 2017, issued April 28, 2017.
• Proclamation 9598: National Physical Fitness and Sports Month, 2017, issued April 28, 2017.
• Proclamation 9597: National Foster Care Month, 2017, issued April 28, 2017.
• Proclamation 9596: Jewish American Heritage Month, 2017, issued April 28, 2017.
• Proclamation 9595: Asian American and Pacific Islander Heritage Month, 2017, issued April 28, 2017 as required by law.
• Proclamation 9594: Days of Remembrance of Victims of the Holocaust, 2017, issued April 24, 2017.
• Proclamation 9593: National Volunteer Week, 2017, issued April 21, 2017.
• Proclamation 9592: National Park Week, 2017, issued April 14, 2017.
• Proclamation 9591: National Former Prisoner of War Recognition Day, 2017, issued April 7, 2017.
• Proclamation 9590: Pan American Day and Pan American Week, 2017, issued April 7, 2017.
• Proclamation 9589: Education and Sharing Day, U.S.A, 2017, issued April 6, 2017.
• Proclamation 9588: Honoring the Memory of John Glenn issued April 5, 2017.  This proclamation orders that flags be flown at half-staff in honor of John Glenn.
• Proclamation 9587: National Crime Victim's Rights Week, 2017, issued April 3, 2017.

Presidential Proclamations: May / June 2017

In this post, we will look at Presidential Proclamations issued in May and June of 2017.  Other than where noted and discussed, most of these proclamations are celebratory or memorial in nature and do not have any new initiatives or set policy.

Proclamation 9625: To Modify Duty-Free Treatment Under the Generalized System of Preferences and for Other Purposes.

This proclamation was issued on June 29, 2017.  It has 15  numbered paragraphs as a preamble and 8 numbered paragraphs of proclamation and then has an additional 5 annexes.  This proclamation modifies tariffs and duties imposed on goods imported from various countries.  Unfortunately, this is written in jargon and is difficult to explain in the issued form.  At some point, what it does is changes the rate of duty of widgets from China from 1% duty to 2% duty or something similar to that.  There is no easy way to figure it out by reading it and you have to know where to find what the HTS (Harmonized Tariff System) numbers refer to.  There's no doubt in my mind that the obfuscation in some cases was deliberate to ensure that the effects would be little understood until they hit (the effective date being July 1, 2017) as well as to blunt criticism of the administration.

Other May / June 2017 Proclamations:

• Proclamation 9624: Father's Day, 2017, issued June 16, 2017 as required by law.
• Proclamation 9623: Flag Day and National Flag Week, 2017, issued June 14, 2017 as required by law.
• Proclamation 9622: National Ocean Month, 2017, issued May 31, 2017.
• Proclamation 9621: National Homeownership Month, 2017, issued May 31, 2017.
• Proclamation 9620: National Caribbean-American Heritage Month, 2017, issued May 31, 2017.
• Proclamation 9619: Great Outdoors Month, 2017, issued on May 31, 2017.
• Proclamation 9618: African-American Music Appreciation Month, 2017, issued May 31, 2017.
• Proclamation 9617: Prayer for Peace, Memorial Day, 2017 issued May 24, 2017 as required by law.  This proclamation asks that a moment of silence be held and that flags be flown at half-staff.
• Proclamation 9616: National Maritime Day, 2017, issued May 19, 2017 as required by law.
• Proclamation 9615: Armed Forces Day, 2017, issued May 19, 2017 and notes that it supersedes Proclamation 9452.  There is no explanation evident why, for this particular day, the previous Proclamation has to be superseded each time.
• Proclamation 9614: World Trade Week, 2017, issued May 19, 2017.
• Proclamation 9613: National Safe Boating Week, 2017, issued May 19, 2017 as required by law.
• Proclamation 9612: Emergency Medical Services Week, 2017, issued May 19, 2017.
• Proclamation 9611: Peace Officers Memorial Day and Police Week, 2017, issued May 15, 2017 as required by laws.
• Proclamation 9610: National Defense Transportation Day and National Transportation Week, 2017, issued May 12, 2017 as required by laws.
• Proclamation 9609: Mother's Day, 2017, issued May 12, 2017 as required by law.
• Proclamation 9608: Military Spouse Day, 2017, issued May 12, 2017.
• Proclamation 9607: Public Service Recognition Week, 2017, issued May 5, 2017.
• Proclamation 9606: National Hurricane Preparedness Week, 2017, issued May 5, 2017.
• Proclamation 9605: National Day of Prayer, 2017, issued May 4, 2017 as required by law.
• Proclamation 9604: Law Day, USA, 2017, issued May 1, 2017 as required by law.
• Proclamation 9603: National Mental Health Awareness Month, 2017, issued May 1, 2017

Presidential Proclamations: July/August 2017

In this post we take a look at Presidential Proclamations from July and  August 2017.  Unless noted below, none of these create new initiatives or make policy decisions.

• Proclamation 9633: National Alcohol and Drug Addiction Recovery Month, 2017:  Issued August 31, 2017.
• Proclamation 9632: National Preparedness Month, 2017: Issued August 30, 2017.
• Proclamation 9631: Women's Equality Day, 2017: Issued August 25, 2017 to commemorate the anniversary of the passing of the 19th Amendment on August 26, 1920.
• Proclamation 9630: National Employer Support of the Guard and Reserve Week, 2017: Issued August 20, 2017.
• Proclamation 9629: National Korean War Veterans Armistice Day, 2017: Issued July 26, 2017 to commemorate the anniversary of the signing of the armistice that ended the Korean war on July 27, 1953
• Proclamation 9628: Anniversary of the Americans with Disabilities Act, 2017: Issued July 25, 2017 to commemorate the anniversary of the signing of the Americans with Disabilities Act on July 26, 1990.
• Proclamation 9627: Made in America Day and Made in America Week, 2017:  Issued July 17, 2017.
• Proclamation 9626: Captive Nations Week, 2017: Issued on July 14, 2017 as required by law.

Types of Presidential Documents

The Types of Presidential Documents

In the US Constitution, Article II is about the Executive Branch and specifically about the President.
In the Federal Register, in the advanced search function, there are 6 different kinds of Presidential Documents.



What needs to be published in the Federal Register is covered under 44 USC 1505 and for any Presidential Document that has general applicability and legal effect, these have to be published unless they are withheld for national security reasons.  Additionally, in the Code of Federal Regulations (CFR), title 3 is the President.
Here is graph of the recent presidents and what kinds of documents they have issued.  I have taken a straight-line projection for the current President for 8 years (2 terms) for the purposes of comparison with the other presidents because they all had 2 terms.

Determinations

These documents are essentially records of decisions.  I have reviewed all of the Presidential Determinations under the current president here.

Executive Orders

These are general type documents, this blog has reviewed all of the Executive Orders that have been signed by the current President.  There is a collection under title 3 of the CFR of all of the Executive Orders since they effectively carry the weight of law.

Memoranda

These are memoranda which include a notice to issue them in the Federal Register.  In some cases, these memoranda document delegations of authority allowed by law but in order to be effective, they have to be announced.

Notices

As required by some laws, the President must provide a notice for something or other and that these notices must be issued in the Federal Register.

Proclamations

The title suggests that these are ceremonial and often they are.  But these are equivalent to Executive Orders and my intention is to cover some of the more consequential ones in this blog.

Presidential Orders

These appear to be rarely used and it is not at all clear how these would be different from Executive Orders.  In fact, Clinton never issued one in the Federal Register, Bush, Jr. issued 3, Obama issued 5 and Trump has issued 2:

• Presidential Order of May 23, 2017 regarding Sequestration regarding section 251A of the Balanced Budget and Emergency Deficit Control Act (2 USC 901a)
• Presidential Order of September 13, 2017 regarding Lattice Semiconductor.  This Presidential Order prohibits a planned purchase of Lattice Semiconductor by China Venture Capital Fund.

Additional requirements for transparency

1 CFR 10 is entitled "Presidential Papers" and this regulation requires that quite a bit of presidential activity has to be issued on a daily basis.  This includes
(a) The text of the publication consists of oral statements by the President or of writing subscribed by the President, and selected from transcripts or text issued by the Office of the White House Press Secretary, including—
(1) Communications to Congress;
(2) Public addresses and remarks;
(3) News conferences and interviews;
(4) Public messages and letters;
(5) Statements released on miscellaneous subjects; and
(6) Formal executive documents promulgated in accordance with law.
(b) In addition, each publication includes selections, either in full text or ancillary form, from the following groups of documents, when issued by the Press Office.
(1) Announcements of Presidential appointments and nominations;
(2) White House statements and announcements on miscellaneous subjects;
(3) Statements by the Press Secretary or Deputy Press Secretary;
(4) Statements and news conferences by senior administration officials; and
(5) Fact sheets.
Further, 1 CFR 19 has some fascinating requirements for Executive Orders and Proclamations.  These need to be provided in paper form to the agency that actually issues documents in the Federal Register.  Here, someone should have reason to request a revision to rulemaking to allow for an all electronic process.

Presidential Proclamations: September 2017

In addition to the ones that were listed in a previous post which focused very much on the Travel Ban Proclamation, here are other Proclamations that were issued in September.  Unless noted, these do announce any new initiatives or define policy.

• Proclamation 9644: Gold Star Mother's and Family's Day, 2017: Issued on September 22, 2017 as required by law.
• Proclamation 9643: Prescription Opioid and Heroin Epidemic Awareness Week, 2017: Issued on September 15, 2017.
• Proclamation 9642: National Historically Black Colleges and Universities Week, 2017: Issued on September 15, 2017.
• Proclamation 9641: National Gang Violence Prevention Week, 2017: Issued on September 15, 2017.
• Proclamation 9640: National Farm Safety and Health Week, 2017: Issued on September 15, 2017.
• Proclamation 9639: Constitution Day, Citizenship Day, and Constitution Week, 2017: Issued on September 15, 2017 as required by laws.
• Proclamation 9638: National POW/MIA Recognition Day, 2017: Issued on September 13, 2017 and orders that a stark black and white banner be flown of the White House and other government buildings.
• Proclamation 9637: National Hispanic Heritage Month, 2017: Issued on September 13, 2017 as required by law.  According to the notes in the law, they went from a week to a month in 1988 which recognizes the growing influence of the Hispanic population in the US.
• Proclamation 9636: Patriot Day, 2017: Issued on September 8, 2017 as required by law and orders that the flag be flown at half staff and that a moment of silence be held at 8:46 am on September 11, 2017.
• Proclamation 9635: National Days of Prayer and Remembrance, 2017: Issued on September 8, 2017.
• Proclamation 9634: National Day of Prayer for the Victims of Hurricane Harvey and for Our National Response and Recovery Efforts:  Issued on September 1, 2017.

Presidential Proclamations: Travel Ban 3.0

The following proclamations do not contain any new initiatives or policy decisions.

• Proclamation 9650: Child Health Day, 2017, issued September 29, 2017 as required by law.
• Proclamation 9649: National Domestic Violence Awareness Month, 2017, issued September 29, 2017.
• Proclamation 9648, National Cybersecurity Awareness Month, 2017, issued September 29, 2017.
• Proclamation 9647, National Breast Cancer Awareness Month, 2017, issued September 29, 2017.
• Proclamation 9646, National Disability Employment Awareness Month, 2017, issued September 28, 2017 as required by law.

Proclamation 9645: Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats

This Proclamation was issued on September 24, 2017.  Why this is a Proclamation and not an Executive Order, has to do with wording in EO 13780, but it has a preamble and 9 sections much like many EO's and the rest of this post is devoted to it.  This is effectively Travel Ban 3.0.

Preamble

This section references EO 13780 wherein an analysis of risks of people from different countries was requested.  Based on the information received, the President has issued this proclamation to put in additional restrictions, screening and vetting on citizens of certain selected countries.

Section 1

This section starts by discussing the report requested in EO 13780 and provided to the President on July 9, 2017.  The report determined that 7 countries should have restrictions and limitations imposed: Chad, Iran, Libya, North Korea, Syria, Venezuela, and Yemen.  It also mentions that Iraq was considered to have failed the tests, but was given a pass due to political exigencies.  It distinguishes between immigrant and non-immigrant visas where appropriate.  Finally is also adds Somalia to the list of countries that deserve restrictions or limitations on the basis of a September report to the President.

Section 2

This section goes through country by country as to what the restrictions are.  There is some merit to the arguments made.  The variance in the decisions show that some thought went into them and there has been learning from past mistakes.

Section 3

This section provides specific conditions and exceptions to the application of the entry restrictions to the citizens of the countries listed in Section 2.  It also provides for a fairly detailed process for seeking and obtaining waivers to the entry restrictions on a case by case basis.  In my opinion, the circumstances listed that might be appropriate for waivers are actual cases that were brought up during the time period when the first travel ban was implemented.  So in reality, if a person can make a strong enough case that not letting them go to the US would make the US government, and specifically the current administration, look bad enough in the media, they can probably get a waiver.

Section 4

This section asks for a report every 180 days to advise whether any adjustments to the proclamation need to be made.  It directs the heads of the departments to engage with the countries listed to improve on the deficiencies that lead to their placement on the list.  Any actions (that are non-classified) should be included in the 180 day reports.  Finally, it does state that if certain cabinet members determine that a change needs to be made to the list, they will take it to the President immediately.

Section 5

This section calls for even  more reports.  Subsection (b) is poorly worded in that it is not at all clear to what the "annually thereafter" applies to.  At face value, it appears to be the second report issued at 270 days after the proclamation, but that does not seem right to me.

Section 6

This section deals with enforcement.  This provides some guidance to CBP on how to administer the requirements of the Proclamation.

Section 7

This section defines when this Proclamation comes into force: September 24, 2017 for some parts and October 18, 2017 for the rest.

Section 8

This section includes an explicit severability clause because it was clear that there would be court challenges to this Proclamation.

Section 9

This section includes the usual legal fine print to assure the constitutionality of this executive branch document.

My commentary

On the face of it, the proclamation seems defensible in court (but that may just be because of comparison to EO's 13769 and 13780).  The original charges against the previous EO's was that they were religiously charged, and clearly, given what has transpired, they were at least badly enough written so as to give the appearance of discrimination based on religion.  For what it is worth, this Proclamation does take measures to make the US safer.  The real question is whether we should be going down this route (limiting entry of people) or not.
So the biggest problem with the Proclamation is that it is the wrong immigration policy.  We strengthen the US through immigrants.  Companies search and find the top scientists and engineers and bring them to the US.  Canada has been complaining about this "brain drain" for 50 years as one of the reasons why manufacturing in Canada declined.  National security is enhanced through a welcoming immigration policy.  War is largely possible only because you can define an "enemy".  You cannot define differences in jurisdictions that are sufficiently homogeneous.  We are, because of technological advances in transport and communication, in the final stage of achieving a global homogeneity after which, war will become a thing of the past (although it might take 4-5 generations to achieve).  Restricting movement of people is going against the global currents.  And that is why the administration is wrong to pursue this kind of policy.

Presidential Proclamations: October 2017

Unless otherwise noted, none of the proclamations listed below contain any new initiatives or policy decisions.  October seems to have been a rather busy month.

• Proclamation 9669: National Native American Heritage Month, 2017, issued on October 31, 2017.
• Proclamation 9668: National Family Caregivers Month, 2017, issued on October 31, 2017.
• Proclamation 9667: National Entrepreneurship Month, 2017, issued on October 31, 2017.
• Proclamation 9666: National Adoption Month, 2017, issued on October 31, 2017.
• Proclamation 9665: Critical Infrastructure Security and Resilience Month, 2017, issued on October 31, 2017.  I truly wish John Oliver would do an bit using some of the text out of this proclamation.
• Proclamation 9664: United Nations Day, 2017, issued on October 23, 2017.  I do find it ironic to read praises about the UN from this administration given how inward looking it is and I was sure that at some point during the campaign, there was a promise made to get out of the UN or at least rescind on payment of dues.  But I might be wrong and it was a different candidate going on about that.
• Proclamation 9663: Minority Enterprise Development Week, 2017, issued on October 20, 2017.
• Proclamation 9662: Blind Americans Equality Day, 2017, issued on October 13, 2017, as required by law.  I am not sure that I see the point.
• Proclamation 9661: National Forest Products Week, 2017, issued on October 13, 2017, as required by law.
• Proclamation 9660: National Character Counts Week, 2017, issued on October 13, 2017.  And I have to agree, you need characters because without them, TV is very boring.
• Proclamation 9659: National Energy Awareness Month, 2017, issued on October 12, 2017.  This seems to have been issued a bit late.
• Proclamation 9658: General Pulaski Memorial Day, 2017, issued on October 10, 2017.  This seems to be a little obscure.
• Proclamation 9657: Leif Erikson Day, 2017, issued on October 6, 2017, as required by law.
• Proclamation 9656: Columbus Day, 2017, issued on October 6, 2017, as required by law.
• Proclamation 9655: National Manufacturing Day, 2017, issued on October 6, 2017.
• Proclamation 9654: National School Lunch Week, 2017, issued on October 6, 2017, as required by law.
• Proclamation 9653, Fire Prevention Week, 2017, issued on October 6, 2017, additionally, it orders that flags be flown at half-mast on Sunday, October 8th, 2017 as required by law.
• Proclamation 9652, German-American Day, 2017, issued on October 5, 2017.
• Proclamation 9651, Honoring the Victims of the Tragedy in Las Vegas, Nevada, issued on October 2, 2017.  This proclamation orders that the flag be flown at half-mast.

Presidential Proclamations: No. 9670 thru 9678

Proclamation 9678: Thanksgiving Day, 2017

This Proclamation was issued November 17th, 2017.  This proclamation does not contain any new initiatives or decisions on policy.

Proclamation 9677: National Family Week, 2017

This Proclamation was issued November 17th, 2017.  Although the text mentions tax reform and the opioid crisis, this proclamation does not contain any new initiatives or decisions on policy.

Proclamation 9676: National Apprenticeship Week, 2017

This Proclamation was issued November 10th. 2017.  I agree with the concept that apprenticeships should be an integrated part of the education system (something that touches the last 2 years of high school and the first 2 years of post secondary education) but there needs to be a lot of discussion on the details of how it will work.  This proclamation does not contain any new initiatives or decision on policy.

Proclamation 9675: American Education Week, 2017

This Proclamation was issued November 10th, 2017.  Although this discusses some prior executive actions that have been taken by the administration, it does not announce any new initiatives or include any decisions on policy.

Proclamation 9674: Commemoration of the 50th Anniversary of the Vietnam War

This Proclamation was issued November 10th, 2017.  This proclamation does not contain any new initiatives or decisions on policy.

Proclamation 9673: World Freedom Day, 2017

This Proclamation was issued November 8th, 2017.  World Freedom Day commemorates the fall of the Berlin wall.  This proclamation does not contain any new initiatives or decisions on policy.

Proclamation 9672: Veteran's Day, 2017

This Proclamation was issued November 7th, 2017.  Veteran's Day (November 11) is a legal public holiday per 5 USC 6103.  This proclamation does not contain any new initiatives or decisions on policy.

Proclamation 9671: Honoring the victims of the Sutherland Springs, Texas, Shooting

This Proclamation was issued November 5th, 2017.  This proclamation orders that flags be flown at half-mast.  Information about the shooting is here.

Proclamation 9670: National Veterans and Military Families Month, 2017

This Proclamation was issued November 1st, 2017.  This proclamation does not contain any new initiatives or decisions on policy.

Presidential Proclamations: Jerusalem, National Parks

Here are some recent Presidential Proclamations:
Proclamation 9683: Recognizing Jerusalem as the Capital of the State of Israel and Relocating the United States Embassy to Israel to Jerusalem
This proclamation was issued on December 6, 2017.  The proclamation recognizes that the capital of Israel is Jerusalem and commits the US to moving the embassy there.  Within the discussion, it references PL 104-45 for which every President since 1995 has twice a year issued a waiver letter, including the current president.  However, for this last time that it is due to be issued, the current President has instead started the process to move the embassy.
Proclamation 9682: Modifying the Grand Staircase-Escalante National Monument
This proclamation was issued on December 4, 2017.  This proclamation modifies Proclamation 6920.  This effectively reduces the side of the Grand Staircase-Escalante National Monument.  It provides a slew of arguments as to why it is appropriate to make the reduction.  Fact-checking these arguments is insufficient, this , as well as the proclamation below, are indicative of the philosophy of the administration: reduce government in every way possible.
Proclamation 9681: Modifying the Bears Ears National Monument
This proclamation was issued on December 4, 2017.  Both this and the next proclamation were the result of the process that was started near the beginning of the administration by way of an Executive order or Presidential memorandum, but I have not been able to find the right one.  The Bears Ears National Monument was created via Proclamation 9558 and is modified in many parts via this current proclamation.  It reduces the National Monument significantly.
Proclamation 9680: World Aids Day, 2017
This proclamation was issued on November 30, 2017.  This proclamation does not commit to any new initiatives or does it make any decisions on issues of the day.
Proclamation 9679: National Impaired Driving Prevention Month, 2017
This proclamation was issued on November 30, 2017.  This proclamation does not commit to any new initiatives nor does it announce any significant policy decisions.  In reading it, I have to point out that to some extent it is conflating impaired driving with driving under the influence of alcohol.  There was an opportunity to press further on the issue of opioid addiction and overdose as I am sure that some amount of traffic fatalities involve drivers who are impaired by opioids.  The proclamation even gives the administration a pat on the back that reducing regulations have spurred technology that will address the problem of drunk driving.  I have to point out that implementation of innovative technology that prevents people from driving drunk will only happen if mandated through laws or regulations.

Presidential Memoranda: Pipelines, TPP

Programming note: The memoranda below are the final memoranda to be reviewed for the current administration.  Following this post, we will begin looking at Presidential proclamations.

Construction of American Pipelines

This memorandum was issued on January 24, 2017 and is addressed to the Secretary of Commerce.  This memorandum asks the Secretary to submit a plant to the President to ensure that pipelines in the US are "produced in the United States" and provides some definition of what that is intended to mean.  A review of news regarding this seems to indicate that not much ultimately happened in the way of rule-making for enforcing the intent expressed so that the domestic steel industry would get a boost.

Withdrawal of the United States from the Trans-Pacific Partnership Negotiations and Agreement

This memorandum was issued January 23, 2017 and is addressed to the US Trade Representative.  This was done to keep a campaign promise.  However, the US withdrawal did not kill the TPP, the remaining signatories continued the trade pact although it now covered significantly less traded goods.  The philosophy that the administration follows is that bilateral negotiations are good whereas multi-lateral negotiations are bad for the US on the basis that in multi-lateral negotiations, the US cannot wield as much influence..

The Mexico City Policy

This memorandum was issued January 23, 2017 and is addressed to several cabinet members.  It revokes the Presidential memorandum of January 23, 2009 and instead implements the opposite policy.  This policy regards abortion and funding NGO's and other aid organizations based on whether or not they provide information to women about abortion.

Hiring Freeze

This memorandum was issued on January 23, 2017 and is addressed to the Heads of Executive Departments and Agencies.  While there a large number of caveats listed in the memorandum, it has effectively put a hiring freeze on the executive branch and there are regularly stories in the news how the executive branch departments and agencies are struggling to keep up with the workload required.
There is a long-term plan that was to be created by the Director of the Office of Management and Budget.  The freeze was lifted on April 12, 2017.