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Category: Administration

Administration Regulatory Reform Update

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Last week, White House Chief of Staff, Reince Preibus, issued a memorandum to all executive departments and agencies to freeze new or pending regulations — giving the new Administration time to review them, which is a common practice for any incoming administration.

For any regulations that have yet to be sent for publishing in the Federal Register, the memo asks the agency to not send any regulation to the Federal Register until reviewed by someone selected by the President.

The memo makes an exception for “critical health, safety, financial, or national security matters,” and asks agencies to identify any regulations that can’t be delayed for other reasons.

Recently issued research-centered regulations that could be impacted include:

  • federal policy for the protection of human subjects (Common Rule),
  • Department of Education’s final Rule on open licensing requirements for competitive grant programs, and
  • updates to the Uniform Guidance (including updates to the procurement rule and the micro-purchase threshold).

The Office of Federal Relations will continue to monitor actions coming from the Administration.

Federal Grant Update

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Some initial actions and comments from the incoming Trump Administration have prompted questions and concerns from faculty, researchers, and the media, regarding federal research. Particularly, questions have pertained to Environmental Protection Agency (EPA) grants.

Here is what we know:

  • It is not uncommon for incoming administrations to issue a hold on grants at the beginning of their tenure. The current hold is happening across all agencies, not only EPA. The hold is designed to be an inventory and understanding of what is currently in process at the agency.
  • This will not impact existing awards — they continue. If there are any changes, those changes would be in new awards and new policies. We are halfway through FY 2017, and items already awarded and obligated should expect to receive funds. RFPs not yet out, grants not yet obligated, and FY 2018 grants (because those funds have yet to be appropriated), could see changes.
  • The EPA “freeze” should be resolved by close of business Friday, Jan. 27, when the accounting by the transition team is expected to be completed.

The UW’s Office of Sponsored Programs has information about these issues, including recommendations of what to do with grants in various stages of the process, on its web page under “Announcements.” This page is being vetted through a set of strict criteria.

The Federal Relations team will continue to gather and share information as it becomes available.

Executive Orders Continue During Busy First Week of New Administration

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During a busy first week in office, the new president continued to issue memorandums a executive orders throughout the entire week. On Wednesday, he issued executive orders related to the building of a new wall along the southern border of the country as well as one partially aimed at punishing “sanctuary” jurisdictions with respect to immigration enforcement.

Border wall

One of the biggest pledges during the Trump campaign was the promise to build a wall along the border between the United States and Mexico.

The order calling for the “wall” reads, in part, as follows:

[The Secretary of Homeland Security shall… in] accordance with existing law, including the Secure Fence Act and IIRIRA, take all appropriate steps to immediately plan, design, and construct a physical wall along the southern border, using appropriate materials and technology to most effectively achieve complete operational control of the southern border…

The entire text is available here.

One of the controversies that has been triggered by this is the question of how the structure would be paid for. The White House press secretary initially seemed to indicate that it would be funded by a 20-percent tax on Mexican goods coming into the United States. Since then, the new Administration has backed away from being so definitive on how to pay for the wall, now indicating that the tariff proposal is one of many possible sources.

“Sanctuary” jurisdictions

Also on Wednesday, the new Administration issued an order aimed at addressing, among other issues, “sanctuary” cities and other jurisdictions. The order reads, in part:

It is the policy of the executive branch to… ensure that jurisdictions that fail to comply with applicable Federal law do not receive Federal funds, except as mandated by law…

The order also states the following:

In furtherance of this policy, the Attorney General and the Secretary, in their discretion and to the extent consistent with law, shall ensure that jurisdictions that willfully refuse to comply with 8 U.S.C. 1373 (sanctuary jurisdictions) are not eligible to receive Federal grants, except as deemed necessary for law enforcement purposes by the Attorney General or the Secretary.  The Secretary has the authority to designate, in his discretion and to the extent consistent with law, a jurisdiction as a sanctuary jurisdiction.  The Attorney General shall take appropriate enforcement action against any entity that violates 8 U.S.C. 1373, or which has in effect a statute, policy, or practice that prevents or hinders the enforcement of Federal law.

The text of the executive order is available here.

Trump Issues Memos on TPP, Federal Hiring Freeze, and US Foreign Aid

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President Donald Trump signed three presidential memos on Monday freezing federal hiring, withdrawing the US from the TPP, and banning US foreign aid from performing or promoting abortions.

First, President Donald Trump moved Monday to make good on a campaign promise to shrink the size of the federal government, issuing a memo to freeze federal hiring. The military was exempted from the memo’s constraints.

Second, President Trump issued a memo to withdraw the United States from the Trans-Pacific Partnership. The move fulfills one of Trump’s signature campaign pledges to get out of the sweeping 12-nation trade deal, which he once called “a rape of our country” and said would hurt US jobs.

Third, President Trump issued a memo that calls for the reinstatement of a policy to prevent the recipients of American foreign aid from performing or promoting abortions. The action comes the day after the anniversary of Roe v. Wade. The memo would prohibit NGOs that receive federal funding – including health care providers or organizations – from providing or promoting abortion or from advocating for abortion laws abroad.

On Friday, immediately following President Trump’s inauguration, Trump’s Chief of Staff, Reince Prebus, issued a Memoranda instructing the heads of federal departments and agencies to stop advancing regulations until Trump appointees are able to review them. The memo was issued by Priebus is typical when a new party takes the White House. The memo is in many ways identical to one that then-White House Chief of Staff Rahm Emanuel sent on Jan. 20, 2009. 

Priebus’ memo made exceptions for emergency situations and other urgent health, safety, financial or national security matters allowed by the Office of Management and Budget. It also makes exceptions for regulations implemented to meet a statutory or judicial deadline. 

Impacts from that freeze are far reaching and include:

  •  The Housing and Urban Development Department suspended the mortgage insurance premium rate reduction scheduled to take effect later this month.
  • The Education Department rule to forgive student loans of borrowers if they were defrauded by their college could be delayed. The rule was finalized in October but would not go into effect until July. The department has also not finalized a proposed rule meant to increase state officials’ oversight of online college programs within their state. The department estimated the rule would affect 5.5 million students.
  • The Labor Department’s contentious fiduciary rule, opposed by Republicans, has been finalized but will not go into effect until April. It could be blocked by the memo. The rule would require retirement investment advisers to put the best interests of their clients before their own interests.

  • USDA has stalled a final rule published Thursday setting animal welfare standards for poultry and livestock. It was scheduled to take effect March 20, with portions phased in through 2018. The rule is meant to enable the Agriculture Department to certify products as organic. The proposal has divided the poultry industry, with some producers calling the requirements excessive and unnecessary.

More Confirmation Hearings, Republican Retreat

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It’s a busy short week for Congress. House and Senate Republicans head to Philadelphia this week to begin sorting out fiscal priorities for the coming year in the party’s annual retreat. 

The retreat should lay out the first 100 days game plan for the Administration and Congressional Republicans and could lay the groundwork for setting fiscal priorities in the first year of the Trump Administration.

The Government Accountability Office (GAO) warned Congress in a report last week that the country is headed toward a fiscal train wreck. That’s even before any new spending programs or tax cuts are considered. Soaring costs for entitlement programs, from an aging population and rising health care costs, will combine with increasing interest payments to push the federal debt to record levels, the GAO said.

Federal debt as a share of the economy reached 77 percent last year, compared to the historical average since World War II of 44 percent. Without a change in policy, the ratio will exceed its historic high of 106 percent within 15 to 25 years.

Also, welcome to the first week of Congress with President Trump in the White House. Congressional leaders from both parties will meet with the new president at the White House today for a 5 p.m. reception. 

The House will have a light week of mostly suspension bills. The only non-suspension bill the House will vote on next week is HR 7, the No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2017.  The measure, sponsored by Rep. Chris Smith (R-NJ), would prohibit federal funds, including those provided to the District of Columbia, from being used for abortions or for health benefits that cover abortions. The House has voted on a version of the bill in prior years as part of Republicans’ sustained targeting of Planned Parenthood.

The Senate continues to work on the confirmation process. Senate Democrats are demanding paperwork and additional time to question the remaining nominees, but truly all they can do is slow down the process. Up this week are Rep. Mike Pompeo (R-KS),who is up for CIA director, Rep. Tom Price (R-GA), who is up for Secretary of HHS and will appear before Senate Finance for another chance to defend ACA repeal, and Rep. Mick Mulvany (R-SC), who is Trump’s pick for White House budget director. Rep. Mulvaney gets a full day on Tuesday at two confirmation hearings: a morning hearing by the Senate Budget Committee and an afternoon examination by the Senate Homeland Security and Governmental Affairs Committee.