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Executive Order #47-013

 

Supporting Family Unification

 

This executive order will rectify two administrative hurdles that serve to keep families apart.

 

Undocumented immigrants who marry a US citizen are eligible for a green card. Many such applications must be made from abroad - but many such applications are then barred from returning back to America. Regulations shall be issued by DHS to govern the use of "humanitarian parole" to solve this legal quandary. 

 

Immigrants eligible for green cards must prove their deportation will impose an “extreme hardship” or “extreme and unusual hardship” on a spouse, parent, or child who is a US citizen or lawful resident. Previous interpretations of the term "hardship" have been narrow. This administration will reinterpret the term "hardship" to recognise that splitting apart a family is, by nature, a severe hardship. This will make family unity the rule rather than the exception. 

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Executive Order #47-014

 

Deferred Action for Parents of Americans

 

In keeping with this administration's desire to have a humane immigration system that does not tear families apart and focuses resources on deporting those who pose a tangible risk to the safety and security of the United States, the 'Deferred Action for Parents of Americans' program shall be launched. This program shall be administered along similar lines to DACA, with DAPA recipients receiving a three year renewable work permit and exemption from deportation, the program funded by application fees to said program. Said fees will also provide for, when possible, any administrative costs imposed on states or localities by the program. 

 

To be eligible for DAPA, a person must:

  • Have lived in the United States without interruption since January 1, 2012,
  • Have been physically present in the United States on the date of this announcement,
  • Have been physically present in the United States when applying to the program,
  • Have lacked lawful immigration status on the date of this announcement,
  • Have, as of this date, a child who is a U.S. citizen or lawful permanent resident,
  • Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and
  • Not "otherwise pose a threat to national security or be an enforcement priority for removal".

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Executive Order #47-015

 

Energy Saving Performance Contracts and Encouraging Energy Efficiency in the Mortgage Market

 

In December 2011, federal agencies were directed to invest $1 billion in energy saving performance contracts (ESPCs), in which private companies make energy efficiency improvements to federal buildings with guaranteed results and no cost to the taxpayers, the companies being paid from the energy savings. These are incredibly effective mechanisms, and their use deserves to be expanded.

 

As such, the 2011 ESPC directive is amended to require an additional annual $5 billion in energy saving contracts over the next five years. Their use shall be expanded to fund efficiency projects in public housing, demand-response programs, data center consolidations, combined heat and power systems, waste-to-energy projects and other energy-saving projects not currently covered.

 

ESPCs may also be used to finance measures that support energy efficiency of federal properties indirectly, including broader local energy efficiency initiatives, such as micro-grids, distributed generation projects, and power production efficiency schemes. ESPCs shall only be used to invest in proven mechanisms that deliver operational and maintenance savings, with an emphasis on under-utilized technologies. Other explicitly authorized ESPC uses include enhancements to government energy security; power-purchase agreements; distributed renewable energy projects that reduce line losses; CHP systems; water and wastewater treatment plants; energy from biomass; recycling centers; high-efficiency HVAC; hardened industrial control systems that protect against cyber attacks; high-efficiency, ultra-low emission and zero-emission fleet vehicles and charging infrastructure that lead to operational and maintenance savings; other efficiency improvements in the management of federal fleets; and faster progress on achieving net-zero energy and carbon buildings. 

 

Additionally, the U.S. Department of Energy (DOE) and the Federal Housing Finance Authority are directed to analyze government mortgage data to find out whether residential energy efficiency investments, including of the sorts funded via ESPCs, reduce mortgage defaults. If the study provides a positive result, mortgage program administration shall be amended to reflect this benefit in loan terms, in order to encourage greater energy efficiency investments as a means of both reducing risk and improving energy outcomes. Additionally, the FHFA shall work with private lenders to provide them with the necessary information to do the same.

 

The FHFA and DoE shall work with the private sector to develop a model national code for net-zero energy buildings. The DoE and other relevant agencies shall also seek to develop standard streamlined documentation for appraisers, engineering firms, and financiers to use for energy upgrade projects for commercial spaces. 

 

A review of all loan guarantee authorities within relevant agencies, and the resources available within existing authorities, is ordered to determine the amount of funding available to create a private commercial building retrofit loan guarantee program with a loan loss reserve that will back up default risk but not technology risk, in order to encourage commercial retrofitting within the private sector.

 

The DoE shall work with states to develop plans for implementing ESPC projects in Municipal, University, State and Hospital markets (known as MUSH markets). 

 

In order to reduce administrative barriers to the utilisation of ESPCs, the DoE shall reach out to the CBO and congressional budget committees to improve the scoring of ESPCs to reflect the long-term savings; and work with the Office of Personnel Management to develop a staff with expertise on ESPC use and establish a central ESPC procurement office.

 

The DoD shall create at least an annual $1 billion in new ESPCs over the next five years, in addition to the earlier general government target. 

 

An additional minimum of $500 million per year shall be required in Utility Energy Service Contracts, which pay initial costs in clean energy investments, for a period of five years, in order to supplement and support ESPC efforts.
 


PES:
Obligates an annual $5 billion in energy saving performance contracts, revenue-neutral/results-guaranteed contracts where the private sector provides public sector energy efficiency improvements (the purposes of which are defined in the EO), the contractors being paid with the revenues from reduced energy bills. Additional measures to support ESPCs at the local level and provide for more accurate budgetary scoring are also included, as are an annual $1 billion in DoD ESPCs and an annual $500 million in Utility Energy Service Contracts.
Requires a study to determine conclusively if energy efficiency improvements reduce the risk of default, and if so, to incorporate such factors into federal mortgage programs and encourage the private sector to do the same.
Requires efforts to create standardised paperwork procedures for energy efficiency improvements, and a national model net-zero energy building.
Orders review to determine if existing loan guarantee authorities allow for a new loan guarantee program for retrofitting.

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Executive Order #47-016

 

 

Climate Change Adaptation
 

Addressing the global threat of climate change requires more than mitigation to lessen the effects, but also adaptation to address the impacts that are either inevitable or already being felt, such as more extreme weather patterns, more frequent droughts, and negative local climate changes. Recent administrations have taken the lead on this issue, including via the establishment of an Interagency Climate Change Adaptation Task Force, but there remains a need for a national adaptation strategy. 

 

The Interagency Climate Change Adaptation Task Force (hereafter the Task Force), with the support of the DoE, EPA, and other relevant agencies, shall thus take the lead in developing a comprehensive, government-wide adaptation strategy, in order to provide government-wide best practices, policy recommendations, and coordination and administrative support for other agencies, as well as providing any necessary oversight to agency-level adaptation policies, setting national priorities for adaptive strategies, resolving conflicts and coordination issues between agencies, overseeing resource needs, and clarifying roles and responsibilities. The Task Force shall also release best practices and guidelines for use in assisting non-federal agency actors in climate change adaptation, and provide support for agencies in developing both short- and long-term adaptation strategies and ensuring both mitigation and adaptation strategies work in harmony. 

 

Agencies within the federal government need to accept adaptation to the realities of climate change as an important part of fulfilling their statutory obligations and an integral part of day-to-day decisionmaking, as opposed to a vaguely-defined, long-term side-objective divorced from their major priorities. It was a similar attitude towards environmental consequences that encouraged the adoption of NEPA in 1970. 

 

As such, all agencies within the federal government, except those lacking the resources or size required or those for whom climate change impacts can conclusively be determined not to be a significant concern for their continued adoption (such criteria to be set by the Task Force), shall be required to also, with assistance from the Task Force, create climate change adaptation strategies. This process may use infrastructure, expertise, and other resources from pre-existing NEPA reviews, but shall be done via a different process, in recognition of the need for examination of both status quo processes and long-term agency effects, areas of review beyond the purview of NEPA.

 

Agencies shall be directed to consider, in all planning and decisionmaking activities, the effects that future and current climate change may have on their activities. Agencies shall prepare "adaptation assessments", utilising the available science and the expertise of other agencies, to analyse likely potential scenarios of climate change impacts, including anticipated nature, magnitude, and rate of such impacts, that may impact their work. Additionally, agencies must consider the extent to which their current and proposed actions may exacerbate climate change or heighten adaptation challenges. Agencies shall also analyse alternative methods of designing and implementing their actions so as to facilitate adjustment to climate change impacts.

 

The Fish and Wildlife Service and National Marine Fisheries Service shall both be required to consider the impacts of climate change in their efforts to protect endangered species, by (1) proactively listing species that will be threatened by climate change, (2) defining critical habitat with consideration of the anticipated impact of climate change on habitat crucial to survival or recovery, (3) building adaptation measures into recovery plans that will facilitate species recovery, (4) considering the effects of climate change in deciding whether an agency’s action puts a listed species in jeopardy and in suggesting reasonable and prudent alternatives, (5) deciding whether an activity that affects habitat, in combination with climate change effects, amounts to a prohibited “take,” and (6) requiring that habitat conservation plans include measures to anticipate and respond to climate change effects before the FWS or the NMFS will permit any “incidental take” activities. 

 

The FWS and the NMFS are additionally instructed to be attentive to any new or exacerbated threats posed by human adaptation, using their traditional tools (e.g., agency consultations and enforcement of the “take prohibition”) to steer governments and private parties toward minimally destructive adaptation measures. In addition, both agencies are authorized under Section 10(j) of the ESA to engage in “assisted migration” to further the conservation of a listed species. Both agencies are directed to devise standards for deciding when to apply such a strategy to species threatened by climate change or human responses to it, taking into account the necessity of the migration, the likelihood of its success, the risks that it poses to other species and ecosystems, and the need for coordination with other land management agencies, state governments, or private landowners.
 
PES:
Creates a national climate change adaptation strategy.
Requires agencies to incorporate climate change adaptation into their decision-making process.
Requires protection of endangered species to be mindful of impacts of climate change.

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Executive Order #47-017

 

 

High Road Contracting

 

The United States government continues to, even following the FY2014 Bipartisan Budget that contained reforms to the contracting process, serve as the largest user of contractors in the United States. As a procurer of services and goods, the federal government thus possesses great power as a consumer. It can use that purchasing power to promote the proliferation of certain ethical standards, and push for a fairer and greener economy by way of example. Such an approach also, by rewarding those contractors who value quality, in the long run generates better value for taxpayers. 

 

The General Services Administration, in conjunction with relevant government departments and agencies, shall develop a system of 'High Road Contracting'. They shall, within 30 days, develop methods of assessment and measurement in the fields of environmental policy; labour law compliance; tax law compliance; effects on economic competition; the benefits, paid family and sick leave, and wages afforded to employees; lack of obstacles imposed by the company towards worker unionisation; and other such metrics as deemed appropriate.

 

They shall, whenever possible, require agencies to include assessment of such records within their contracting decisions, prioritising those with positive records, and to not enter into or renew contracts with those who have committed egregious violations or have abysmal records on such topics. They shall do this in a manner consistent with the goals laid out by the Bipartisan Budget and the desire to increase the diversity and small business presence among US contractors and subcontractors, and shall provide regulations and guidelines so as to ensure the application of these standards is transparent and uniform across government. 

 

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Executive Order #47-018

 

 

Protecting Contingent Workers


The use of contingent workers - a term lacking concrete legal definition but largely understood to refer to a work contract without an explicit or implied guarantee of permanent or long-term employment - is on the rise in America. The benefits of a contingent workforce provide businesses with an undeniably vital source of flexibility, efficiency, and employment strategies, and has provided many workers with satisfactory jobs where they may otherwise have been unemployed, and any proposed regulatory changes to contingency work must recognise those benefits.

 

However, for many contingent workers, the current experience is one of little job security, low wages, minimal opportunities for advancement, and abnormally high rates of workplace accidents and illnesses, a particularly brutal reality due to the often insufficient wages and the disproportionately high number of disadvantaged and socially vulnerable individuals in such arrangements. This is in large part due to the fact that our current regulatory infrastructure does not protect contingent workers, including the Occupational Safety and Health Administration.

 

The purpose of this executive order is simple; to instruct the OSHA, and other relevant agencies, to do more to protect contingent workers using already existing statutory tools. All regulations issued as a result of this executive order shall be issued in compliance with existing US law regarding regulations, and shall include a minimum 30 day period of consultations and notification between finalisation and enactment. 

 

The OSHA shall initiate a series of enforcement actions, using existing regulatory infrastructure, to identify temporary staffing firms, staffing agencies, and large employers of contingent workers with poor records, and use that data to improve enforcement practices and develop more extensive awareness of high-risk areas. 

 

OSHA and the Solicitor of Labor are also instructed to modify their methodology for determining penalties for regulatory violations to fit the unique circumstances of contingent workers. Generally, the OSH Act directs OSHA to set a gravity-based penalty for regulatory violations and then reduce that penalty, as appropriate, by considering other factors, including the business’s size, the employer’s “good faith” attempts to comply with applicable standards, and the employer’s previous cited violations. When determining a business’s size for penalty reduction purposes, OSHA shall explicitly assume new workers fill positions on a regular basis, and shall count each new contingent worker toward the total size of the business, as opposed to the existing policy of calculating the business size from the number of workers at a particular point in time. In addition, OSHA shall develop regulations to require employers to demonstrate that their safety and health programs make special accommodations to contingent workers in order to qualify for the “good faith” penalty reduction, when relevant.

 

OSHA is instructed to work with the National Institute for Occupational Safety and Health (NIOSH) to develop new evidence-based ergonomics standards, specifically targeted at the unique needs of contingent workers, and fields that employ significant numbers of contingent workers, with a particular focus on preventing musculoskeletal injuries. 

 

OSHA is instructed to revise the requirements for participation in the Voluntary Protection Program - which rewards companies with consistent and successful workplace health and safety records and strong worker protection plan by removing unprompted inspections -  to remove a loophole that allows companies to meet the VPP's requirements by shifting hazardous work onto contingent workers. OSHA shall develop new requirements that only allow companies access onto VPP if contingent workers are in low-hazard occupations, or failing that provide contingent workers with the same quality of health and safety protections as afforded to permanent workers and can conclusively prove they are not disproportionately assigning hazardous jobs to contingent workers or escaping health and safety obligations and requirements via using contingent workers. Similar requirements shall be imposed on Safety and Health Achievement Recognition Program applicants. 

 

Finally, in recognition of the large number of foreign-born contingent workers, OSHA shall increase cooperation with foreign consulates. These measures may include signing more Letters of Agreement with additional countries with large immigrant populations in the United States; enabling foreign officials to file OSHA complaints on behalf of their nationals and attend inspections to provide translation and other services; and utilising the support of foreign consulates in accessing translation and other services. 


PES:
Instructs OSHA to commence new enforcement activities with the purpose of determining new best practices for the protection of contingent workers
Instructs OSHA to revise several guidelines to better reflect contingency workers
Instructs OSHA to develop new ergonomics-based standards, especially to protect contingency workers from musculoskeletal injuries
Instructs OSHA to close several loopholes that allow employers, with poor records on contingency workers, access to programs that provide exemptions for certain inspections to reward good working conditions
Increases OSHA cooperation with foreign consulates
 

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Executive Order #47-019

 

Supreme Court Nominations

 

 

By the authority vested in me as President by the Constitution and the laws of the United States of America, I nominate the following individuals:

 

Justice Jane L. Kelly as an Associate Justice on the Supreme Court

Justice Sri Srinivasan as an Associate Justice on the Supreme Court

 

 

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Executive Branch Appointments

 

 

By the authority vested in me as President by the Constitution and the laws of the United States of America, I appoint the following individuals:

 

Mark Lippert as National Security Advisor

Jake Sullivan as Deputy National Security Advisor
Robert J. Richardson as White House Chief of Staff

 

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Cabinet nominations

 

 

By the authority vested in me as President by the Constitution and the laws of the United States of America, I nominate the following individuals

 

Alice Woods as Attorney General of the United States

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Cabinet nominations

 

 

By the authority vested in me as President by the Constitution and the laws of the United States of America, I nominate the following individuals

 

Lael Brainard as Secretary of Treasury

Mark Udall as Secretary of the Interior

Karen Ross as Secretary of Agriculture

Vivek Murthy as Secretary of Health & Human Services

Julian Castro as Secretary of Housing & Urban Development

Richard Hanna as Secretary of Transportation

Tammy Duckworth as Secretary of Veterans Affairs

Lisa Monaco as Secretary of Homeland Security

Ellen Tauscher as Permanent Representative of the United States to the United Nations

Richard Cordray as Director of the Office of Management & Budget

Avril Haines as the Director of the Central Intelligence Agency

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By the authority vested in me as President by the Constitution and the laws of the United States of America-

 

A State of emergency is declared in the State of Florida. A major disaster declaration is also issued for the entire State of Florida

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Executive Branch Nominations & Appointments

 

 

By the authority vested in me as President by the Constitution and the laws of the United States of America, I appoint the following individual

 

Robert Franz Bennett as White House Chief of Staff

 

By the authority vested in me as President by the Constitution and the laws of the United States of America, I nominate the following individuals

 

Henry Rex for Secretary of State

Tracie Hattie Butler for Attorney General

Marc Baudin for Vice President of the United States

 

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By the authority vested in me as President by the Constitution and the laws of the United States of America-

 

A State of emergency is declared in the State of Alabama. A major disaster declaration is also issued for the entire State of Alabama.

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Executive Order #47-020

 

 

Prison Health Care Level Reclassification

 

A. In terms of the health care concerns of inmates within the mandate of the Bureau of Prisons and the Department of Justice- all health care concerns falling under the Medically Acceptable-Not Always Necessary level, shall be reclassified to the Medically Necessary- Acute or Emergent level. 

 

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By the authority vested in me as President by the Constitution and the laws of the United States of America-

 

A State of emergency is declared in the State of Louisiana. A major disaster declaration is also issued for the entire State of Louisiana.

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By the authority vested in me as President by the Constitution and the laws of the United States of America-

 

A State of emergency is declared in the State of Texas. A major disaster declaration is also issued for the entire State of Texas.

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Executive Branch Nominations & Appointments

 

 

By the authority vested in me as President by the Constitution and the laws of the United States of America, I appoint the following individual

 

Bill Brink, for Vice President of the United States

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