Executive Order 13829: US Postal System

What the Executive Order says

Executive Order (EO) 13829 is entitled "Taskforce on the United States Postal system" and has 7 sections.  It was issued in April 2018.

Section 1

This section sketches out that the US Postal System (USPS) is currently operating under a financing model that is structurally unsustainable and cites certain facts in support of that position.

Section 2

This section defines who will be on the Task Force and that it will be led by the Secretary of the Treasury.

Section 3

This section directs the Task Force to seriously reconsider the traditionally understood mandate of the USPS and how present trends extrapolate into the future such as additional package volume due to e-commerce and similarly, the reduced letter volume due to electronic communications technologies.

Section 4

This section discusses what is to be considered when the Task Force comes up with recommendations.  The recommendations should not increase taxes and needs to consider EO 13781 (which I discuss here) as well as the views of the USPS workforce and customers.

Section 5

This section mandates that a report be generated within 120 days to summarize the findings and recommendations of the Task Force.

Section 6

This section indicates from where the funds to run the task for will come, which is the Federal Financing Bank.

Section 7

This section, labeled "general provisions" includes specific text to ensure that the EO does not exceed the constitutional limits on executive power.

My commentary

So the lapse of time actually very much worked in the favor of being able to capture a more comprehensive consideration of what is going on with this EO.  And there are considerable tides pushing this issue around.  First is that everyone agrees that USPS needs to exist and it needs to provide mail services to everyone.  However, in providing that service, many argue exactly who should be footing the bill or why a post office should exist in every hamlet with a 1,000 people who live thereabouts.  In that respect, this EO certainly is continuing that argument, especially when it asks that "universal service" needs to be redefined.
Second, I do think that it is fair to re-consider the mission of USPS because of the large scale technological changes that have happened over the past 20 years.  But to draw the conclusion that because of these changes, USPS is a relic that is long past its expiration date is wrong.  There is a role to play and USPS could enhance the services that it provides to mail customers through technology and there needs to be an incubator so that new services could be developed.  These services may well compete in the market against services being provided by publicly traded or privately held for-profit corporations.  For some this should not be allowed by their fundamental philosophy.  But my opinion is that if you are wanting to not fund the USPS through tax based subsidies to be able to succeed in the mission to provide universal service, then you have to let it compete in the market.
Given the predispositions of the current administration, it is entirely probable that the report will favor eliminating as much of USPS as possible.  The final report, issued in December 2018 is here.  It is 74 pages long.  There was also an interim report in August of 2018.
The recommendations in the report notably include a lot "keep things the same, but make money instead of losing it".  It is not a great report, but on the other hand, it doesn't significantly push for privatization either.

Executive Order 13828: Reducing Poverty

What the Executive Order says

Executive Order (EO) 13828 is entitled "Reducing Poverty in America by Promoting Opportunity and Economic Mobility" and has 5 sections.  It was issued in April of 2018.

Section 1

This section proposes the argument that many who are on public or government assistance of various kinds have been trapped there and are suffering because the government is giving them assistance to meet basic needs.

Section 2

This section starts by saying that the measure of success of assistance programs is to see how many people are able to find work such that they no longer need or qualify for the aid given by the program.  Fundamentally, the text presupposes and indirectly references that there are some large number of "free riders" that are taking advantage of the government aid who, as a result, are not working because the income/benefits received allow them to have a luxurious and idle life.  Also, "government waste" is also referenced.

Section 3

This section mandates that certain agencies make a review of federal laws and regulations to determine first if additional work requirements can be applied regarding the benefits being provided.  Second, to ensure that programs are not, as much as possible, providing benefits or assistance to illegal aliens.  And there are reports that have to be written and provided to the Director of the OMB.  Note that the President doesn't seem to want to get the reports himself any more.

Section 4

This Section includes definitions for the terms "individuals", "families", "persons", "work", "workforce", "welfare", and "public assistance".

Section 5

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

My Commentary

So it has been said many times that the Red rural counties, which are often the poorest parts of the US, is where the current President got a large part of the vote necessary to win the presidency.  So many liberal pundits have seized on the fact that so many executive branch policies and initiatives, not to mention legislation passed by the Republican controlled Congress have usually had depressive effects on the Red rural counties.  Here it seems that the President is finally trying to help the people who elected him by finally getting them off of government assistance so that only those that are worthy will survive by being able to find a way to earn money and those that are not will die of starvation or disease homeless in the streets.
I do agree that there is a need to measure outcomes of programs.  But in doing so, we also have to keep in mind that externalities such as the state of the economy, the prevailing wages and local cost of living do have a significant impact on whether people are able to rise back up so that they no longer need or qualify for the assistance program.  This is especially true of "re-training" programs.

Executive Order 13827: Venezuela

What the Executive Order says

Executive Order (EO) 13827 is entitled "Taking Additional Steps to address the Situation in Venezuela" and it has 7 sections.  It was issued in March 2018.

Section 1

This section prohibits US persons from being involved in transactions or funding of digital currencies by, for or on behalf of the Government of Venezuela.

Section 2

This section prohibits transactions that are structured to try and avoid or circumscribe the rule in section 1.

Section 3

This section provides definitions for the terms "person", "entity", "United States person", and "Government of Venezuela".

Section 4

This section instructs the Secretary of the Treasury to take necessary actions to implement this EO.

Section 5

This section describes the justification why no advance notice on the prohibition is warranted and references EO 13692 which called for blocking the property of certain individuals in Venezuela and was issued under the previous administration in March of 2015.

Section 6

This section is a standard clause to ensure the constitutionality of the EO.

Section 7

This section defines when the EO becomes effective.

My Commentary

The sanctions herein are not really significant by themselves.  But I believe that it was an additional necessary step and a sign of technological change in the world's financial structures.  As time has passed, we have seen that the situation in Venezuela has worsen nearly every single week and that the average Venezuelan is suffering from fighting for power that is going on.

Executive Order 13826: Crime Prevention

What the Executive Order Says

Executive Order (EO) 13826 is entitled "Federal Interagency Council on Crime Prevention and Improving Reentry" and has 7 sections.  It was published in March 2018.

Section 1

This section states that the aim of the policy is to reduce crime and also re-integrate rehabilitated convicts into the community as productive citizens.

Section 2

This section states that the policy is to prevent people from becoming criminals and to lower recidivism rates.  Then it vaguely says that the Federal government has a role to play and that agencies need to coordinate activities to enhance efficiency.

Section 3

This section defines the members of the Federal Interagency Council on Crime Prevention and Improving Reentry.  It tasks the Council with specific actions such as meeting once per quarter.

Section 4

This section mandates that an initial report as well as a final report and status updates on implementation of the accepted recommendations all are written.  There are a number of factors that are to be considered.

Section 5

This section revokes a Presidential Memo dated April 29, 2016.

Section 6

This section states that the Council will be terminated 3 years from the date of the EO.

Section 7

This section includes general provisions which limit the interpretation of the EO to ensure its constitutionality.

My Commentary

So this task force replaces one that the previous administration had set up in April of 2016.  Here is some information regarding that.  There are a few announcements, such as the appointment of the Executive Director, but I cannot find anywhere that a report was issued nor even a website, although it is not clear if the predecessor organization (FIRC) that was the subject of the April, 2016 memo, website was taken over by the organization mentioned in this EO.  It doesn't appear to be.  So overall, it appears that nothing has happened here.

Executive Order 13825: Manual for Courts-Martial

What the Executive Order says

Executive Order (EO) 13825 is entitled "2018 Amendments to the Manual for Courts-Martial, United States" and has 12sections.  It was originally issued in March 2018.

Section 1

This section indicates that the changed versions of Parts II, III and IV of the Manual for Courts-Martial are included as Annex 1 to the EO.

Section 2

This section indicates that for when the change was effective, that you can't be charged with a crime nor have the charges dropped due to a change regarding the deed in the changes made today.

Section 3

This section discusses the Military Justice Act of 2016, which is PL 114-328.  Section 5542 directs the President to prescribe implementing regulations for all of the changes listed in Division E of the Law.

Section 4

So while Annex 1 shows a bunch of changes made, there are further changes in Annex 2.

Section 5

This section indicates that the changes in Annex 2, unlike the changes in Annex 1, take effect in the future.  The language here again indicates that people can't be made guilty or innocent for deeds committed on the opposite side of the effective date.

Sections 6 through 12

These sections makes further clarifications regarding the applicability and interpretation of certain sections of PL 114-328.  It is not clear to me why they had put things into different sections of the EO, especially since the date of effect is January 1, 2019 for almost all of the items listed in these sections.

My Commentary

The preamble, which sets out the authorities on which this EO is issued, indicates that by 10 USC 801, Congress has deemed that the President has the authority to direct and define the justice processes and military law applicable within the military.  Insofar as adjudication of incidents involving both military and civilian participants, it is not clear whether military or civilian law has precedence.  So prior to this, I had been under the false belief that Congress also defines military law, but apparently it does not.  A scan of new articles on the topic, especially since a lot of the changes are going into effect this past month, leaves me with the impression that it is regarding crimes of a sexual nature that are affected the greatest.

Executive Order 13824: Sports, Fitness, and Nutrition

What the Executive Order Says

Executive Order (EO) 13824 is entitled "President's Council on Sports, Fitness, and Nutrition" (note the Oxford comma) and has 2 sections.  It was issued in February of 2018.

Section 1

This section revokes EO 13545 which the previous President used to establish his "President's Council on Sports, Fitness, and Nutrition."

Section 2

With EO 13545 having been revoked, EO 13265 comes back into force, but this section makes a number of changes to the text of it.  However, technically, the changes listed interfere with each other.  Section 5 is changed by (c), then renumbered by (d) and then further changed by (a) (b) (c) which are under (d).

My commentary

So I characterized this as word soup.  It is so hard to read documents that are created this way.  You have to be able to access the original plus the list of changes and then work through the integration of the changes into the original.  Having pieced together what the final version is, it creates a council and, depending on whether the administration and the council take the charge seriously, it could do some good things or not.
One point made in the purpose section is that team sports participation by children has declined.  I have to ask what is so special about team sports.  I have found these kinds of organized leagues and teams to be expensive and a proportion of the people involved petty and vindictive.  There is the cliché of the one kid who is on the team but never gets to play.  It's a cliché because it does happen even though it really should not.  Physical exercise need not be an organized sport, whether team or individual.  The real justification here should have been statistics about children's and young adult's health.  But talking about that would get into the third rail of "HealthCare" and Republicans simply do not have a defendable alternative to the current system to offer.  But the statistics show there is room for improvement.
Further, this is one of the things that it seems that Presidents use to play one-upmanship games with.  We've seen a couple of these kinds of EO's issued in our review.  Here, EO 13824 revokes EO 13545 which itself largely modified EO 13265 which itself revokes EO 12345.  The President's council can be reviewed here.

Executive Order 13823: Terrorists

What the Executive Order says

Executive Order (EO) 13823 is entitled "Protecting America Through Lawful Detention of Terrorists." and has 4 sections.  It was issued in January 2018.

Section 1

This section starts awkwardly citing "long-standing law of war principles" which I guess is trying to reference the Geneva Convention. This section is subtitled "Findings" and tries to present a justification as to why the US can detain persons considered enemies of the US at the Guantanamo Bay Naval Station.

Section 2

This section revokes Section 3 of EO 13492.  That EO and that specific section called for the closure of the detention facilities at Guantanamo by January of 2010.  Clearly, that never happened.  Section 2(c) allows for transport of additional detainees to Guantanamo.  Section 2(d) has several layers of irony in asking for a report from the intelligence agency to recommend policies on prisoners of war and the use of the Guantanamo Bay Detention facility.  First, because the EO's seem to always look for a report to be written, second because there are news stories and books published detailing how the current President does not listen to the Intelligence Services anyway.  The last subsection references EO 13567 from March of 2011.  That EO set up a review process for period reviews of detainee files to expedite a final disposition so that detainees could be all removed from Guantanamo.  Subsection 2(e) of EO 13823 stipulates that any new detainees would be subject to the same periodic reviews.

Section 3

This section adds some language that restricts the applicability to those persons captured during an armed conflict, and in the case they are American citizens, that this does not deprive the detainees of their rights as citizens.

Section 4

This section includes language to limit the applicability such that is does not conflict with applicable laws or create any legal liabilities against the US Government.

My commentary

The most significant item in this EO is 2(a) wherein section 3 of EO 13492 is revoked.  That section had mandated that the authorities work to remove all the prisoners held at Guantanamo Bay Naval Base and close the detention facility.  As such, the detention facility is to be used in an ongoing fashion to detain existing and new detainees as necessary.  The EO is fairly symbolic as it stakes out the administrations attitude towards prisoners of war and other individuals considered "enemies of the US" (except, of course, journalists).
The funny thing about life to me is that when you go looking for something, more often than not, you seem to find it.  Thus the way to find good things in life is to go looking for those good things.  If the US spends a lot of resources looking for enemies, she shall certainly find them.  And here is the stark contrast between the erstwhile and present administrations: one looked for friends, the other for enemies.  Hence the 180 degree shift in policy from emptying the detention facility at Guantanamo to using it for more found enemies.

Executive Order 13822:Supporting Veterans

What the Executive Order Says

Executive Order (EO) 13822 is entitled "Supporting our veterans during their transition from uniformed service to civilian life" and it has 3 sections.  This EO was issued in January 2018.

Section 1

This section defines the policy which is that veterans need better access to mental healthcare services including suicide prevention resources.

Section 2

This section has 3 subsections.  (a) directs the Secretary of Defense, Secretary of Veterans Affairs and the Secretary of Homeland security to do something.  Doesn't really say what they should do.  (b) mandates that the group mentioned need to submit within 60 days a Joint Action Plan.  (c) mandates that a follow-up report on the progress of implementation of the Joint Action Plan be issued within 180 days.

Section 3

This section includes general provisions that limit the authority of the EO to ensure that it does not overstep legislative and constitutional limits.

My Commentary

I have looked on the internet for the Joint Action Plan and follow-up report since due to the age of this EO, it clearly should be available.  On the Veterans Affairs website, I found this updated action plan.  This plan defines 16 actions to be implemented that will support the reduction in suicides and mental health incidents for veterans.  I found this status update report dated July 9, 2018 although it is watermarked "DRAFT".  I would like to think that this had made a difference in at least some veteran's lives.  But it is not clear that there has been much success and since there does not seem to be any mandated report to follow up the implementations (while most of the 16 actions were "On track", none were expected to be completed until mid-2019), we may never know.

Executive Order 13821: Rural Broadband Internet

What the Executive Order Says

Executive Order (EO) 13821 is entitled "Streamlining and Expediting Requests to Locate Broadband Facilities in Rural America".  It has 4 sections and was originally issued in January of 2018.

Section 1

This section defines the policy.  It first states that internet access is rural areas is a problem that can be an obstruction to growth, development, and jobs.  The actions being taken are indicated as aiming for regulatory reform and reduction.  The last paragraph indicates that continued implementation of section 6409 of PL 112-96 shall be pursued.

Section 2

This section has 5 different subsections.  The Administrator of General Services is directed to make a review of the common form application and based on the review, due in July of 2018, make changes to the form.  (c) directs various bureaucrats to review and approve requests to mount antennas on Federal Property. (d) and (e) mandate that quarterly reporting is generated on the application process.

Section 3

This section includes definitions for the terms "Federal property managing agencies" and "Federal real property".

Section 4

This section contains general provisions that limit the authority of the Executive Order so as not to appear to override existing laws or create any liabilities for the US Federal Government.

My commentary

So overall, this policy amplifies a policy that was created by a previous congress and simply creates some reporting requirements around it.  Now the GSA has to report the number of applications that were received to mount microwave band antennas on the roofs of federal buildings.  I have not been able to find these reports anywhere.  How exactly this helps get broadband to everyday rural citizens is a bit mysterious to me.  I don't think this EO was terribly effective to change anything.
There are some political ironies in the issue of this EO.  First, the current administration is highlighting and endorsing a policy that was created under the previous administration.  The current administration has been strongly pushing for elimination and relaxation of regulations and why this seems only to be a step sideways instead of in the direction of elimination is unclear to me.
I can see that cell towers and similar communications array facilities are subject to the NIMBY effect where everyone wants these to be built, but just not on, beside or near their particular home or business.  The 112th congress seemed to have it right in mandating that it be allowed to have such communication arrays put on federal land when necessary due to local resistance to siting.  One of the sub-texts here is that siting requests that are being held up on environmental impact or other such concerns are the culprit.  Of course there is only a limited amount of space on federal land and the federal government needs to hold some in reserve for future internal needs.  As such, I suspect that the agencies where there have been proposals have jealously guarded the capacity.
In terms of implementation, I have found little to support that any real action happened after the issue of the EO.  However, this FCC report seems to echo a number of the concerns listed in the EO about the slowness of the process for siting approvals.  This topic has been discussed often and for quite some time.  One opinion piece that I found attributed the slowness of rural broadband expansion to the FCC dragging their feet on any number of regulatory or permitting issues.  This EO was just preceded by a memo to the Secretary of the Interior.  I think that the issue and vacuous nature of the memo and EO point to policy arguments within the administration.  Expanding broadband internet may not be appealing to the free market (well, really it is an oligopoly) and I feel that some government intervention in the market is warranted.

Executive Order 13820: Termination of Election Integrity Commission

What the Executive Order says

Executive Order (EO) 13820 is entitled "Termination of Presidential Advisory Commission on Election Integrity" and has 2 sections.  It was originally issued in January of 2018.

Section 1

This section revokes EO 13799 from May of 2017.

Section 2

This section includes the standard fine print asserting the constitutionality of the EO.

My Commentary

Well, after a lot of controversy, the commission on Election Integrity, which was intended to try and prove that 3 -5 million fraudulent votes had been cast in favor of the Democratic nominee such that the President had won the popular vote, was shut down.
With respect to the politics of the situation, it was really quite a serious embarrassment for the Republican party, but it was necessary since the commission had been repudiated and it had become clear that it was established on a lie.  See my commentary here.

Executive Order 13819: Adjustment of Certain Rates of Pay

What the Executive Order Says

Executive Order (EO) 13819 is entitled "Adjustment of Certain Rates of Pay" and has 8 sections.  This EO defines the rates of pay for political appointees.  This is an annual item.

Section 1

This section references schedules 1, 2, and 3 as the rates of pay for General, foreign service and regarding the Veterans Health Administration and the Department of Veterans affairs.

Section 2

This section references schedule 4 for the rates of pay for Senior Executives.

Section 3

This section references schedules 5, 6 and 7 for the rates of pay for the Executive, the Vice President and Congress, and for justices and judges.

Section 4

This section references schedule 8 for uniformed service pay rates.

Section 5

This section references schedule 9 for locality based comparability payments.  The requirements of publishing notice regarding locality based comparability payments was done in this OMB notice in March, 2018.

Section 6

This section references schedule 10 for the rates of pay for administrative law judges.

Section 7

This section defines when the rates of pay come into force which is either Jan 1, 2018 or the first day of the first applicable pay period after Jan 1, 2018.

Section 8

This section indicates that Executive Order 13756 was superseded by this EO.

Schedules

There are 10 schedules attached to the Executive order

My Commentary

This Executive Order is part of the normal running of the government.  Each year the pay rates are set as required.  This EO was superseded in December 2018 as the rates were again changed.

Executive Order 13818: Sanctions against persons

What The Executive Order Says

Executive Order (EO) 13818 is entitled "Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption" and was issued December 20th, 2017 and it was continued a year later in December 2018.  It has 13 sections, a preamble and an annex.  The annex lists 13 specific persons to whom the sanctions listed in the EO apply.  The preamble declares a national emergency due to the threat imposed by human rights abuses and corruption around the world that threaten the national security, foreign policy and economy of the US.

Section 1

This section decrees that a freeze be implemented on the financial assets of persons named in the Annex.  Also anyone in the US who conducts business with the names persons will end up with their assets frozen.  Despite the freeze, there may be exemptions due to statutes and regulations and current contracts can be fulfilled.

Section 2

This section suspends the ability of the names persons to enter into the United States, whether for immigration or non-immigration purposes.  Then it refers to an old Proclamation (no. 8693) as to how to apply the rules.  In review, it is noted that use of that Proclamation seems formulaic or else it is really well written.

Section 3

This Section prohibits donations in lieu of commercial transactions.

Section 4

This section expands on the prohibitions in section 1.  These specific items are intended to emphasize that doing business with the named persons is illegal.

Section 5

This section prohibits transactions or conspired transactions which would circumvent the prohibitions defined in this EO.

Section 6

This section defines the terms "person", "entity" and "United States person"

Section 7

This section provides justification for not including a notice period.

Section 8

This section delegates to the Secretary of the Treasury to take whatever steps are allowed by the Statute and are necessary to implement the Executive Order.  The Secretary can then request other federal agencies to take actions to implement the Executive Order.

Section 9

This section delegates to the Secretary of State the necessary authority to carry out the actions specified in section 2 of this EO.

Section 10

This section delegates the authority to end the blocking of property to the Secretary of the Treasury.

Section 11

This section delegates the submittal of reports required by 50 USC 1641(c) and 50 USC 1703(c) to the Secretary of the Treasury.

Section 12

This section defines the date and time at which the Executive Order comes into force.

Section 13

This section includes the legal fine print necessary to ensure compliance with the constitutional limits on the executive branch.

Annex

In the Annex are listed 13 persons from all over the world.

My commentary

I honestly cannot remember what, if any, international events might have lead up to the issue of the particular Executive Order.  It is of the type wherein the forces of normalcy had snuck in and wrested a victory from the jaws of chaos that have normally consumed the administration.  However, I really have some angst with the fact that human rights abuses and corruption in general are being used as a justification to invoke a national emergency.  It would make more sense if there was a particular instance that needed to be made an example of.  The pre-amble is weak in the justifications provided.  That's not to say I disagree with taking action against the people listed in the Annex.  There was something political in framing it through a) scare tactics and b) through a Presidential Executive Order rather than simply pursuing justice through the Justice Department and Intelligence agency black ops.
The text itself should have been almost boilerplate, if you run a search on Proclamation 8693, you can see that this kind of thing has been issued on a regular, maybe infrequent, but certainly regular basis and yet Section 4 of the EO looks like it was jammed in there at the last minute before signing.

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.

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.