Public Policy and Governance – Page 221

Your Congress at Work

The Congressional GOP is running the show in Washington, and clearly feeling its oats. They aren’t even embarrassed about moving quickly to pollute the environment and remove rules intended to protect Americans from a variety of threats, physical and financial.

As Vox reports,

With everything that Republicans want to do — repeal Obamacare, overhaul the tax code — it might seem odd that one of Congress’ very first acts would be to kill an obscure Obama-era regulation that restricts coal companies from dumping mining waste into streams and waterways.

But that is indeed what’s going on. On Thursday, the Senate voted 54-45 to repeal the so-called “stream protection rule” — using a regulation-killing tool known as the Congressional Review Act. The House took a similar vote yesterday, and if President Trump agrees, the stream protection rule will be dead. Coal companies will now have a freer hand in dumping mining debris in streams.

NPR has more not-good news:

On Thursday the GOP-controlled House voted to overturn an Obama administration rule designed to keep firearms out of the hands of some people deemed mentally ill.

The action was the latest move by congressional Republicans to undo several of President Obama’s regulations on issues such as gun control and the environment through an arcane law called the Congressional Review Act..The National Rifle Association had pushed for the repeal, and Republicans argued it infringed upon Second Amendment rights by denying due process.

Evidently, the GOP’s allegiance to the NRA trumps (pardon the phrase) its pious concern for “right to life” –at least when that right is asserted by those of us who are already born..

Meanwhile, Investment News explains Trump’s assault on fiduciary responsibility and Dodd-Frank.

President Donald J. Trump today will halt a Labor Department regulation that requires advisers on retirement accounts to work in the best interests of their clients. Mr. Trump’s order will give the new administration time to review the change, known as the fiduciary rule.

He will also order a sweeping review of the Dodd-Frank Act rules enacted in response to the 2008 financial crisis, a White House official said, signing an executive action designed to significantly scale back the regulatory system put in place in 2010.

Taken together, the actions are designed to lay down the Trump administration’s approach to financial markets, with an emphasis on removing regulatory burdens and opening up investor options, said the White House official, who briefed reporters on condition of anonymity.

The orders are the most aggressive steps yet by Mr. Trump to loosen regulations in the financial services industry and come after he has sought to stock his administration with veterans of the industry in key positions.

I’m sure that all those Trump voters who claim that they weren’t voting for his bigotry, his misogyny or his xenophobia, but because they believed his promise to “drain the swamp,” will be so pleased….

At least we can all see clearly now just who the Trump/GOP’s real constituents are.

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How Long Can This Last?

Sentient Americans of all political persuasions knew that Donald Trump was unfit to occupy the Oval Office. We knew he was unstable. But even those of us who were terrified by his election have been astonished by the speed with which he is harming critical American interests and plunging the country–and world– into chaos.

Trump’s most recent Executive Order, banning refugees, is as astonishing as it is inhumane. As the Huffington Post reported,

Trump approved the refugee ban amid the biggest refugee crisis in history and on Holocaust Remembrance Day, which honors the millions of people killed during World War II, many of whom tried to flee to the U.S. but were turned away.

It’s not the blanket ban on Muslims that Trump advocated for during his campaign, and it does not single out any country by name other than Syria for its refugees.

But Trump did say earlier in the day that he would prioritize helping Syrian Christians. He also mentioned “radical Islamic terrorists” while signing it. And in the text, it carves out an exception for admitting refugees who are religious minorities even while nearly all others will be barred for 120 days.

The order–which exempts countries where Trump does business or has hotels (business uber alles, evidently)–has caused chaos at airports around the world. It has kept students from returning to their universities, scientists from professional meetings. It applies even to longtime holders of green cards–people who have lived and worked legally in the U.S. for years.

It affects tens of thousands of people: not just refugees already “extremely” vetted and on their way to the U.S., but foreign nationals, immigrants and tourists from the designated countries and Americans whose families will now be unable to visit. It also affects thousands of Iraqis who risked their lives helping this country during the Iraq War.

Like all of Trump’s actions in the days since assuming office, it was hasty, ill-considered, and based on “alternate facts.” As USA today noted,

While Trump has claimed that most Syrian refugees coming to the U.S are single, military-age men, the State Department said those numbers didn’t add up. As of Nov. 2015, 77% of Syrian refugees who entered the U.S. were women and children. Only 23% were adult men, and only 2% were “single men unattached to families.”

As Senator Chris Murphy pointed out, not only does this profoundly unAmerican order not make us safer, “Trump has now handed ISIS a path to rebirth. They can and will use his announcement today as confirmation that America is at war with Muslims, especially those Muslims living in desperate circumstances.”

Even Dick Cheney says this order “goes against everything we stand for and believe in.”

It has been a little over a week since this delusional and dangerously ignorant man has been President. In that time, he has poisoned relations with Mexico, a neighbor and important trading partner; continued his inexplicable, fawning relationship with Vladimir Putin; and pulled the U.S. out of the TPP, rather than addressing fixable problems that had been identified with it– an action that will allow China to become a dominant influence in the economies of not just Southeast Asia, but also East Africa and even parts of Europe. He’s announced his support for the use of torture. He has declared war on the media. He has ignored and trashed the Constitution. His insistence that “millions” of illegal votes were cast is both ridiculous and an affront to America’s democratic institutions.

And that’s just week one.

How long will the Republicans in Congress continue to enable this dangerous madman? How many of Trump’s corrupt and ill-equipped Cabinet nominees will they obediently confirm? How long will their self-serving partisanship trump patriotism?

If there is a silver lining in any of this, it is in the horrified reaction of everyday Americans–the millions who marched, the multiple Resistance groups that have sprung up in the wake of the election, the throngs of protestors that spontaneously descended last night on the nation’s airports: the millions of Americans who know that we are better than this.

We the People cannot allow this to continue.

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An Unsettling Omen…

I vividly remember my first few months on the 25th floor of Indianapolis’ City-County Building. I was the brand-new Corporation Counsel, suddenly responsible for the legal affairs of the city, and getting up to speed was both imperative and disorienting. I especially remember encountering situations where City Legal had previously taken positions that seemed…odd. Situations where I would wonder “Why did they do that?”

Fast-forward three years, to my departure, and I remember thinking “Boy, I wish I could put a memo in several of these files, saying ‘I know this looks strange, but there’s a good reason we did thus and so…'” At least there were long-time employees, civil servants who could explain some of these situations to the next appointee.

In any institution, public or private, institutional memory is incredibly important. (As the salesmen sang in The Music Man, you’ve got to know the territory!) In the federal government, that store of institutional knowledge is most important in the State Department, where understanding foreign cultures, the histories of complex relationships, and the idiosyncrasies of various heads of state can be critical.

So hearing that the State Department’s entire senior administrative team has just resigned was both significant and deeply troubling. As the Washington Post reported,

The entire senior level of management officials resigned Wednesday, part of an ongoing mass exodus of senior Foreign Service officers who don’t want to stick around for the Trump era….All are career Foreign Service officers who have served under both Republican and Democratic administrations…

In addition, Assistant Secretary of State for Diplomatic Security Gregory Starr retired Jan. 20, and the director of the Bureau of Overseas Building Operations, Lydia Muniz, departed the same day. That amounts to a near-complete housecleaning of all the senior officials that deal with managing the State Department, its overseas posts and its people.

It is difficult to overstate the impact of these mass resignations on the ability of the United States to safeguard critical American interests.

“It’s the single biggest simultaneous departure of institutional memory that anyone can remember, and that’s incredibly difficult to replicate,” said David Wade, who served as State Department chief of staff under Secretary of State John Kerry. “Department expertise in security, management, administrative and consular positions in particular are very difficult to replicate and particularly difficult to find in the private sector.”

As Wade emphasized,

“Diplomatic security, consular affairs, there’s just not a corollary that exists outside the department, and you can least afford a learning curve in these areas where issues can quickly become matters of life and death,” he said. “The muscle memory is critical. These retirements are a big loss. They leave a void. These are very difficult people to replace.”

America has installed a President who–to put the most charitable possible spin on it–doesn’t know what he doesn’t know. And the people who could fill in the blanks–the people with the knowledge and experience to keep us safe and to protect American interests, the people who actually understand what those interests are, have bailed.

Not a good sign.

We really are in uncharted waters.

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Pinning My Hopes on the “Iron Triangle.”

In the Public Interest issues a weekly privatization report, detailing efforts around the country to “outsource” management of public programs to the private sector. This interesting nugget was reported in a recent one:

Emanuel Savas, one of the key figures driving the privatization agenda for the right wing for five decades, has some advice for Donald Trump on “personnel”: follow Reagan. “Early in his administration, Reagan held frequent cabinet meetings, sometimes two or three a week, the principal purpose of which was to acclimate the members of his cabinet to the idea that they worked for the president, not for the Iron Triangle. By coming so frequently to the White House, Reagan’s appointees bonded with their peers—and with the president. If he is to avoid the threat to his agenda posed by the Iron Triangle, Trump should follow Reagan’s lead.” The “iron triangle” is “(1) the permanent employees of a department or agency; (2) the congressional committees with a stake in the growth of—and deference to—a corresponding executive department or agency; (3) the department or agency’s constituents.”

I hadn’t heard the phrase “iron triangle,” but anyone teaching public policy or government administration is familiar with the phenomenon of “capture”–the undeniable tendency of agency employees, Congressional committees and even the businesses or industries being regulated to resist proposed changes to business as usual.

Humans have a tendency to prefer the known to the unknown, to feel uneasy when rules and structures with which we are comfortable are upended. Typically, this resistance to change is considered a problem to be overcome, and it can be a barrier to needed reforms.

But it can also be a safeguard against unwise or ill-advised change.

Government agencies are staffed with workers having professional expertise in the agency’s mission. The political appointees who come and go with various administrations may or may not know very much about those missions; in the era of Trump, we have been treated to a lineup of nominees who have displayed a stunning ignorance of the rules they will be expected to enforce and/or dismissive of the challenges their agencies are meant to confront.

When ideologues hostile to science and evidence are put in charge of agencies staffed by people who actually know what they’re doing and why they are doing it, that staff can slow– or even in some cases subvert– efforts meant to undermine the work of the agency.

In just the first week since his inauguration, Trump and a number of his cabinet nominees have displayed a total lack of understanding of how American government actually works. (If we are to believe the numerous leaks from his still-skeletal White House staff, Trump himself has very little interest in learning how it works.) Politico recently reported that the administration issued its flurry of Executive Orders without bothering to check whether there were laws or practical impediments to their enforcement.

The breakneck pace of Trump’s executive actions might please his supporters, but critics are questioning whether the documents are being rushed through without the necessary review from agency experts and lawmakers who will bear the burden of actually carrying them out. For example, there are legal questions on how the country can force companies building pipelines to use materials manufactured domestically, which might not be available or which could violate trade treaty obligations. There’s also the question of whether the federal government can take billions from cities who don’t comply with immigration enforcement actions: Legal experts said it was unclear.

“You want to make sure when you’re dealing with high stakes, important issues you’re getting the best information from the breadth of expertise that exists in government,” said Max Stier, president of the Partnership for Public Service, a nonpartisan nonprofit that supports the civil service. “You don’t know what you don’t know.”….

By contrast, the Obama White House ran executive orders through a painstaking weeks-long process of soliciting feedback from agencies and briefing lawmakers, according to a former official. Sometimes it even asked expert lawyers in the private sector to check its work.

Being President is nothing at all like being the CEO of a family-owned business, and that recognition will come as a very unwelcome surprise to the Man Who Would Be King.

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The Inmates Running Indiana’s Asylum

Meanwhile, on the local front….

As I was busy avoiding last Friday’s Inauguration, a reader sent me the digest of an bill introduced in the Indiana legislature, demonstrating that insanity isn’t confined to Washington, D.C.

The official synopsis of House Bill 1127 reads as follows:

Nullification of EPA regulations in Indiana. Nullifies all regulations imposed in Indiana by the United States Environmental Protection Agency (EPA). Provides that the department of environmental management shall provide environmental protection for the citizens of Indiana. Effective: July 1, 2017.

The fiscal analysis of the measure (which evidently assumes that there is no such thing as the Supremacy Clause of the U.S. Constitution) is blunt: According to the Legislative Services Agency’s Office of Fiscal and Management Analysis,

the bill nullifies all regulations imposed in Indiana by the United States Environmental Protection Agency (EPA). It provides that the Department of Environmental Management shall provide environmental protection for the citizens of Indiana… The Indiana Department of Environmental Management (IDEM) would be solely responsible for providing environmental protection for the state due to the nullification of U.S. EPA regulations provided in this bill. The impact to IDEM would be the loss of federal funds from the U.S. EPA that are used to run programs and provide funding for the staff assigned to those programs. This would also result in a reduction of the amount of state matching funds (about $11 M in dedicated funds annually) that the state would have to provide to receive the federal funds. If IDEM continues the programs, the costs would be funded only through state appropriations.

This bill could result in the loss of about $22.5 M annually in federal funding from the U.S. EPA. Of this amount, about $2.2 M was disbursed to local units in FY 2016…. Local units receiving funding from U.S. EPA grants through IDEM could experience a decline in funding. For FY 2016, local units received about $2.2 M in grant funding through U.S. EPA funds received by IDEM.

The operative phrase, of course, is “If IDEM continues the programs…” It is fairly obvious that the purpose of this legislation is to allow Indiana to discontinue programs that protect the state’s air and water.

I have no idea whether this retrograde effort will get a hearing, nor do I know anything about Representative Judy, who introduced it. We can hope that legislative leadership recognizes both the unconstitutionality of the measure–after all, states cannot simply “nullify” federal regulations with which they disagree, no matter how much they might want to–and the considerable political capital it would cost them.

Despite the rejection of climate science by Republican ideologues and Trump cabinet nominees, survey research confirms that large majorities of both Republicans and Democrats accept settled science and strongly favor environmental protections.

Bills like this raise the question–perennial in Indiana–WHO ELECTS THESE PEOPLE??

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