{"id":12407,"date":"2017-02-08T09:39:18","date_gmt":"2017-02-08T14:39:18","guid":{"rendered":"https:\/\/esa.org\/esablog\/?p=12407"},"modified":"2017-02-08T09:39:18","modified_gmt":"2017-02-08T14:39:18","slug":"special-policy-news-6-the-transition","status":"publish","type":"post","link":"https:\/\/esa.org\/esablog\/2017\/02\/08\/special-policy-news-6-the-transition\/","title":{"rendered":"Special Policy News 6: The Transition"},"content":{"rendered":"

Our Society is only as strong as our members. <\/span><\/b>Have you <\/span><\/b>renewed<\/span><\/b><\/a> for 2017?<\/span><\/b><\/h1>\n
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We are keeping you up-to-date with a Federal Agency Transition Tracker<\/a><\/span>.<\/em><\/h3>\n
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In This Issue:<\/strong><\/h1>\n

Scientists and doctors unite against Trump immigration order\u00a0<\/a><\/strong><\/h3>\n

International transit of people and ideas essential to scientific progress and competitiveness<\/p>\n

Senate votes on nominations<\/a><\/strong><\/h3>\n

Confirmation votes advance<\/strong><\/a>
\nRemaining nominees may face unified Democratic opposition<\/p>\n

Zinke\u00a0Interior and Perry Energy nominations advance to Senate consideration
\n<\/strong><\/a>Now may face Democratic slow-walk<\/p>\n

Pruitt EPA vote weeks away
\n<\/strong><\/a>Speculation builds about administration strategy to revoke the Clean Power Plan<\/p>\n

House Science Committee<\/a><\/strong><\/h3>\n

Releases agenda for 115th Congress<\/strong><\/a><\/p>\n

Making EPA Great Again<\/strong><\/a><\/p>\n

Unanimous House passes energy research and innovation bill<\/a><\/strong><\/h3>\n

Provides policy direction to Department of Energy<\/p>\n

Executive Actions<\/a><\/strong><\/h3>\n

Executive orders and memos from President Trump<\/p>\n

Congressional <\/a>and Legislative Updates\u00a0<\/a><\/strong><\/h3>\n

More subcommittee rosters and leadership announced; House and Senate target Obama-era regulations with joint resolutions<\/p>\n

Federal Register<\/a><\/strong><\/h3>\n

Public scoping period and upcoming meetings.<\/p>\n

Quick Reads<\/a><\/strong><\/h3>\n

Changes to EPA website, new political action committee, March for Science on April 22<\/p>\n

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<\/a><\/p>\n

Scientists and doctors unite against Trump immigration order<\/strong><\/h2>\n

President Trump\u2019s Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States<\/a>, January 27, stirred many. Letters from medical, research and academic societies decried the Trump immigration order and called for its withdrawal. The Ecological Society of America joined 151 other scientific and engineering societies, national associations, and universities in a January 31 letter urging President Trump to rescind his Executive Order on visas and immigration<\/a>. The joint letter emphasized the order\u2019s negative impact of international transit of people and ideas essential to scientific progress and competitiveness.<\/p>\n

A suit by Minnesota and Washington State won a nation-wide stay of the order on Friday, February 3, by Judge James Robart of the 9th U.S. Circuit Court of Appeals. The order sought to indefinitely suspend admission of Syrian refugees and limit the flow of refugees from six other majority-Muslim countries into the United States through what President Trump calls \u201cextreme vetting.\u201d In addition to the Minnesota and Washington suit, Massachusetts, New York and Virginia and tech companies have also sued over the administration\u2019s order.<\/p>\n

The Department of Justice has filed an appeal of Judge Robart\u2019s order in the Minnesota and Washington suit is scheduled to be heard by a three judge panel of the 9th Circuit by telephone Tuesday, February 7, at 6 p.m.<\/p>\n

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<\/a>Senate Confirmation Votes Advance
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President Trump\u2019s nominees continue to progress through confirmation hearings and votes. Nominees for Interior, Representative Ryan Zinke (R-MT), and Energy, former governor Rick Perry (R-TX), advanced Tuesday, January 31, were approved by the Senate Energy and Natural Resources Committee\u2019s 12 Republicans and a handful of Democrats with votes of 16-6-1 and 16-7 respectively.<\/p>\n

Meanwhile, Democrats are responding to increasing calls for unified opposition to President Trump\u2019s nominees. On Tuesday, Senate Democrats and Independents, joined by Republican Sens. Susan Collins of Maine and Lisa Murkowski of Alaska, voted unanimously against Department of Education nominee Betsy DeVos. The resulting 50-50 deadlock forced Vice President Pence to cast the deciding vote confirming DeVos.<\/p>\n

Senator Jeff Sessions (R-AL), is also expected to be approved with little to no Democratic support. Senate Minority Leader Charles Schumer (D-N.Y.) predicted \u201cIf not total unanimity, we\u2019re going to have near Democratic unity in opposing the remaining nominees for President Trump\u2019s Cabinet.\u201d Schumer\u2019s comments came as Senate Democrats launched a 24-hour floor debate prior to the vote on the DeVos nomination. Democrats were unsuccessful in gaining one additional Republican vote against DeVos.<\/p>\n

The Senate maintains a web-page listing civilian Executive Nominations confirmed by the Senate during the current Congress<\/a>. President Trump has won six cabinet nominations and the U.N. Ambassador at the time of this writing, February 7. Appointments for Agriculture, Energy, Interior and Veterans Affairs are little advanced and many others are fully idle.<\/p>\n

Some observers are commenting on prospects for delays in Senate cabinet-level confirmations crowding out time in the 60 legislative-day window for repeal of late-term Obama administration regulations under the Congressional Review Act\u2014likely to close by mid-May.<\/p>\n

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<\/a>Zinke Interior and Perry Energy nominations advance to Senate consideration<\/strong><\/h2>\n

Department of the Interior nominee Representative Ryan Zinke (R-MT) and Department of Energy nominee, former governor Rick Perry (R-TX) passed the Senate Energy and Natural Resources Committee last Tuesday, January 31, advancing to confirmation votes by the full Senate. Republicans are optimistic for a quick Senate approval. Democrats, however, are already applying built-in procedural delays across the board in opposition to all remaining President Trump nominees.<\/p>\n

Even with rising Democratic opposition, Zinke won the optimism of some who voted against his nomination. Senator Maria Cantwell (D-WA) indicated her vote against Zinke was more in protest of President Trump.<\/p>\n

Zinke\u2019s nomination is suddenly animating the possibility of moving the U.S. Forest Service (USFS) from the Department of Agriculture (USDA) to Interior, among other policy prospects. Senator Ron Wyden (R-OR) abstained from the committee Zinke vote in opposition to the suggested move to Interior.<\/p>\n

The proposal to move the Forest Service to Interior is not new. A 2009 Government Accountability Office report was inconclusive on the benefits of the move, noting: \u201cMoving the Forest Service into Interior could potentially improve federal land management by consolidating into one department key agencies with land management missions and increasing the effectiveness of their programs.\u201d The report also suggested, \u201cAt the same time, a move would provide few efficiencies in the short term and could diminish the role the Forest Service plays in state and private land management, a mission the agency has in common with USDA but not with Interior.\u201d<\/p>\n

Ironically, management of U.S. forest reserves transferred from the Interior to Agriculture with the founding of the Forest Service during the Theodore Roosevelt administration in 1905.<\/p>\n

Energy nominee Perry was pressed in his hearing by Senator Cantwell (D-WA) on his willingness to defend people and programs within Energy against possible administration attacks, such as gagging scientists or eliminating current renewables and energy efficiency offices. Other committee members expressed similar concerns about rumored cuts at Energy.<\/p>\n

Confirmation is expected for both Zinke and Perry, but slow-walking Democrats may stretch the timeline.<\/p>\n

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<\/a>Pruitt EPA Vote Weeks Away<\/strong><\/h2>\n

Oklahoma Attorney General Scott Pruitt\u2019s (R-OK) nomination to the EPA was advanced to the Senate, though he continues to see strong opposition. Facing a complete absence of Democrats for the second day in a row, Senate Environment and Public Works Committee Chairman John Barrasso (R-WY) suspended committee rules and approved Pruitt\u2019s nomination without any Democrats attending Thursday, February 2.<\/p>\n

Pruitt, as Oklahoma Attorney General, sued the EPA to block implementation of President Obama\u2019s Clean Power Plan (CPP). President Trump campaigned against the CPP in both the primary and general election. Senate leadership say they have not been consulted by the White House on tactics.<\/p>\n

Some transition officials have suggested that the administration might target the 2009 endangerment finding, the result of a 2005 Supreme Court ruling, which is the legal foundation for most regulations aimed at cutting carbon dioxide. Senator Shelley Moore Capito (R-WV) commented, \u201cI haven\u2019t heard that actually verbalized to me as a strategy. I think it\u2019s a smart strategy.\u201d \u201cMy personal opinion is that the endangerment finding should be reopened and should be overturned,\u201d said Myron Ebell, leader of Trump\u2019s transition team at EPA, who argued for undoing the finding as the leader of Trump\u2019s transition team at EPA.<\/p>\n

Conservative opponents of climate action believe that undoing the endangerment finding is the only way to permanently prevent future carbon regulations like CPP and to withdraw from the Paris Agreement. Eliminating the endangerments finding would implicitly assert that climate change is not real and would likely ripple through diplomatic relations and electoral politics and would precipitate lengthy court fights.<\/p>\n

It is thought that the White House will await Pruitt\u2019s confirmation before announcing its strategies for revoking the CPP. Some observers believe that it is unlikely that reversing the endangerment finding would succeed, given the need to overcome scientific, legal and political hurdles and given Pruitt\u2019s disinclination to take it on. In his confirmation hearing, Pruitt remarked that he sees no reason to review the endangerment finding.<\/p>\n

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<\/a>House Science Committee Releases Agenda for 115th Congress<\/strong>
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Representative Lamar Smith (R-TX), chairman of the Committee on Science, Space, and Technology, announced the \u201ctop priorities\u201d for the Committee on Science, Space, and Technology in the two-year 115th Congress. In the announcement, Wednesday, February 1, Smith pointed to five priorities: \u201cThe Science Committee plans to create transparent environmental policies based on sound science and focused on innovation rather than regulation. The committee will work to make sure every agency research dollar spent works for the taxpayers who fund them. We\u2019ll work to re-stake America\u2019s leadership in STEM concentrations by crafting critical science education initiatives, and we will conduct rigorous oversight of cybersecurity standards and breaches at federal agencies to ensure all Americans\u2019 private information is secure. Rebalancing NASA\u2019s portfolio and setting course for its future successes will also be a key priority this Congress.\u201d<\/p>\n

Ranking Member Eddie Bernice Johnson (D-TX), in an interview with the American Institute of Physics, saw a possibility of Democrats working with Smith but will not support his full agenda: \u201cI\u2019m disappointed, but not surprised that the Chairman\u2019s agenda for this Congress includes pushing anti-science bills designed to interfere with EPA\u2019s mission to protect public health and the environment and cutting investments in clean energy at DOE. That said, I stand ready to work with him and want to seek good bipartisan policy agreements in areas across our jurisdiction.\u201d
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House Science Committee: Making EPA Great Again
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The full House Science, Space, and Technology Committee held a hearing Tuesday, February 7, on \u201cMaking EPA Great Again.\u201d Committee Chairman Lamar Smith (R-TX) promotes the hearing as focusing on \u201c. . . the Environmental Protection Agency\u2019s (EPA) process for evaluating and using science during its regulatory decision making activities.\u201d Smith said, \u201cEPA has long been on a path of regulatory overreach, and the committee will use the tools necessary to put EPA back on track.\u201d<\/p>\n

A spokeswoman from Chairman Smith\u2019s staff said no bill is planned for introduction, though many see the hearings as a springboard for reintroducing Smith\u2019s \u201cSecret Science Reform Act\u201d (H.R.1030<\/a> in the 114th Congress) into the current favorable political environment. The previous effort passed the House, but it failed in the Senate.<\/p>\n

In the past, the proposed \u201cSecret Science Reform Act\u201d sought to require the EPA to rely on \u201ctransparent or reproducible\u201d science in making new regulations, with the underlying research data posted online. Knowledgeable opponents of the Act fear it would weaken EPA\u2019s issuing of needed regulations.<\/p>\n

Witnesses Tuesday included Jeff Holmstead, partner, Bracewell LLP and former EPA air chief in the administration of former President George W. Bush, and Dr. Richard Belzer, independent consultant. Holmstead views the EPA\u2019s Mercury and Air Toxics Standards as misguided, and Belzer sees EPA advisory committees as subject to politicization. Other witnesses included Dr. Kimberly White, Senior Director, American Chemistry Council and Rush Holt (D-NJ), former Congressman now CEO, American Association for the Advancement of Science. Mr. Holt appeared at the request of committee Democrats and was expected to testify about \u201cprotecting science and scientific integrity\u201d according to a spokeswoman for committee ranking member Eddie Bernice Johnson (D-TX).<\/p>\n

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<\/a>Unanimous House passes energy research and innovation bill<\/strong><\/h2>\n

The U.S. House of Representatives unanimously passed the \u201cDepartment of Energy Research and Innovation Act\u201d (H.R.589<\/a>), providing policy direction to the Department of Energy (DOE) on basic science research, nuclear energy research and development, research coordination and priorities, and reforms to streamline national lab management.<\/p>\n

Chairman Lamar Smith (R-TX) touted development of next generation technology and promoting innovation and economic growth. Ranking Member Eddie Bernice Johnson (D-TX) noted, \u201cThis bill includes the first comprehensive authorization of the DOE Office of Science, which is the largest supporter of physical sciences research in the country. This is a nearly $6 billion office that manages 10 of our national laboratories, often called the crown jewels of our national research infrastructure.\u201d<\/p>\n

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<\/a>Executive Orders and Memos<\/strong><\/h2>\n

Travel ban
\n<\/strong>On Jan. 27, the president issued an executive order titled \u201cProtecting the Nation from Foreign Terrorist Entry into the United States<\/a>.\u201d The order halts refugee admissions for 120 days and temporarily bans immigrants from seven Muslim-majority nations.<\/p>\n

ESA signed onto a letter<\/a> with over 150 other scientific organizations and universities urging the president to rescind the order given its impact on science and engineering.<\/em><\/p>\n

National Security Council<\/strong>
\nOn Jan. 28, the president issued a memorandum titled \u201cOrganization of the National Security Council and the Homeland Security Council<\/a>.\u201d Among other things, this memo changes the status of the Department of Energy within the National Security Council, removing it from the Principals Committee, a panel that serves as an interagency forum on policies affecting national security.<\/p>\n

Lobbying ban
\n<\/strong>On Jan. 28, the president issued an executive order titled \u201cEthics Commitments by Executive Branch Appointees<\/a>.\u201d This order bars administration officials from lobbying agencies that employed them for five years after they leave government.<\/p>\n

Regulations
\n<\/strong>On Jan. 30, the president issued an executive order titled \u201cReducing Regulations and Controlling Regulatory Costs<\/a>.\u201d The order requires that for every new federal regulation, two must be repealed. In addition, any cost associated with new regulations must be offset by existing rules that are rescinded.<\/p>\n

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<\/a>Congressional Updates<\/strong><\/h2>\n

House Democrats request hearing on climate science muzzling
\n<\/strong>Reps. Ra\u00fal Grijalva (D-AZ) and Donald McEachin (D-VA) of the House Natural Resources Committee sent a letter<\/a> on Jan. 30 asking the Oversight and Investigations Subcommittee to hold on oversight hearing on the Trump administration\u2019s actions censoring climate science data and silencing federal whistleblowers.<\/p>\n

Senate Energy and Natural Resources Subcommittee rosters
\n<\/strong>During a business meeting<\/a> on Jan. 31, the Senate Committee on Energy and Natural Resources approved the membership rosters of its four subcommittees.<\/p>\n

GOP subcommittee rosters and leadership for House Science, Space, and Technology Committee
\n<\/strong>On Jan. 31, Rep. Lamar Smith (R-TX), chairman of the House Science, Space, and Technology Committee, announced GOP committee and subcommittee leadership. The press release<\/a> announcing chairs and vice chairs also included GOP subcommittee membership for the 115th<\/sup> Congress.<\/p>\n

Ranking members and membership announced for House Appropriations Subcommittees
\n<\/strong>On Feb. 1, Rep. Nita Lowey (D-NY), ranking member of the House Appropriations Committee, announced ranking members<\/a> and Democratic membership for the twelve appropriations subcommittees. Rep. Jos\u00e9 Serrano (D-NY) will serve as the ranking member for the Commerce, Justice, and Science Subcommittee. The ranking members of the Energy & Water (Rep. Marcy Kaptur, D-OH) and Interior & Environment (Rep. Betty McCollum, D-MN) Subcommittees are unchanged.<\/p>\n

First meetings of House Committees
\n<\/strong>The House Natural Resources Committee<\/a> and the House Science, Space, and Technology Committee<\/a> each held their first meeting of the 115th Congress on Tuesday, Feb. 7. The Science full committee meeting was used to hold a hearing on the EPA.
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<\/a>Legislative Updates<\/strong><\/h2>\n

Passed Congress<\/h3>\n