Executive Orders and Memorandums

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      The Business Rules the Trump Administration Is Racing to Finish

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      #masthead-section-label, #masthead-bar-one { display: none }The Jobs CrisisCurrent Unemployment RateThe First Six MonthsPermanent LayoffsWhen a $600 Lifeline EndedAdvertisementContinue reading the main storySupported byContinue reading the main storyThe Business Rules the Trump Administration Is Racing to FinishFrom tariffs and trade to the status of Uber drivers, regulators are trying to install new rules or reduce regulations before President-elect Joe Biden takes over.President Trump is rushing to put into effect new economic regulations and executive orders before his term comes to a close.Credit…Erin Schaff/The New York TimesJan. 11, 2021, 3:00 a.m. ETIn the remaining days of his administration, President Trump is rushing to put into effect a raft of new regulations and executive orders that are intended to put his stamp on business, trade and the economy.Previous presidents in their final term have used the period between the election and the inauguration to take last-minute actions to extend and seal their agendas. Some of the changes are clearly aimed at making it harder, at least for a time, for the next administration to pursue its goals.Of course, President-elect Joseph R. Biden Jr. could issue new executive orders to overturn Mr. Trump’s. And Democrats in Congress, who will control the House and the Senate, could use the Congressional Review Act to quickly reverse regulatory actions from as far back as late August.Here are some of the things that Mr. Trump and his appointees have done or are trying to do before Mr. Biden’s inauguration on Jan. 20. — Peter EavisProhibiting Chinese apps and other products. Mr. Trump signed an executive order on Tuesday banning transactions with eight Chinese software applications, including Alipay. It was the latest escalation of the president’s economic war with China. Details and the start of the ban will fall to Mr. Biden, who could decide not to follow through on the idea. Separately, the Trump administration has also banned the import of some cotton from the Xinjiang region, where China has detained vast numbers of people who are members of ethnic minorities and forced them to work in fields and factories. In another move, the administration prohibited several Chinese companies, including the chip maker SMIC and the drone maker DJI, from buying American products. The administration is weighing further restrictions on China in its final days, including adding Alibaba and Tencent to a list of companies with ties to the Chinese military, a designation that would prevent Americans from investing in those businesses. — Ana SwansonDefining gig workers as contractors. The Labor Department on Wednesday released the final version of a rule that could classify millions of workers in industries like construction, cleaning and the gig economy as contractors rather than employees, another step toward endorsing the business practices of companies like Uber and Lyft. — Noam ScheiberTrimming social media’s legal shield. The Trump administration recently filed a petition asking the Federal Communications Commission to narrow its interpretation of a powerful legal shield for social media platforms like Facebook and YouTube. If the commission doesn’t act before Inauguration Day, the matter will land in the desk of whomever Mr. Biden picks to lead the agency. — David McCabeTaking the tech giants to court. The Federal Trade Commission filed an antitrust suit against Facebook in December, two months after the Justice Department sued Google. Mr. Biden’s appointees will have to decide how best to move forward with the cases. — David McCabeAdding new cryptocurrency disclosure requirements. The Treasury Department late last month proposed new reporting requirements that it said were intended to prevent money laundering for certain cryptocurrency transactions. It gave only 15 days — over the holidays — for public comment. Lawmakers and digital currency enthusiasts wrote to the Treasury secretary, Steven Mnuchin, to protest and won a short extension. But opponents of the proposed rule say the process and substance are flawed, arguing that the requirement would hinder innovation, and are likely to challenge it in court. — Ephrat LivniLimiting banks on social and environmental issues. The Office of the Comptroller of the Currency is rushing a proposed rule that would ban banks from not lending to certain kinds of businesses, like those in the fossil fuel industry, on environmental or social grounds. The regulator unveiled the proposal on Nov. 20 and limited the time it would accept comments to six weeks despite the interruptions of the holidays. — Emily FlitterOverhauling rules on banks and underserved communities. The Office of the Comptroller of the Currency is also proposing new guidelines on how banks can measure their activities to get credit for fulfilling their obligations under the Community Reinvestment Act, an anti-redlining law that forces them to do business in poor and minority communities. The agency rewrote some of the rules in May, but other regulators — the Federal Reserve and the Federal Deposit Insurance Corporation — did not sign on. — Emily FlitterInsuring “hot money” deposits. On Dec. 15, the F.D.I.C. expanded the eligibility of brokered deposits for insurance coverage. These deposits are infusions of cash into a bank in exchange for a high interest rate, but are known as “hot money” because the clients can move the deposits from bank to bank for higher returns. Critics say the change could put the insurance fund at risk. F.D.I.C. officials said the new rule was needed to “modernize” the brokered deposits system. — Emily FlitterNarrowing regulatory authority over airlines. The Department of Transportation in December authorized a rule, sought by airlines and travel agents, that limits the department’s authority over the industry by defining what constitutes an unfair and deceptive practice. Consumer groups widely opposed the rule. Airlines argued that the rule would limit regulatory overreach. And the department said the definitions it used were in line with its past practice. — Niraj ChokshiRolling back a light bulb rule. The Department of Energy has moved to block a rule that would phase out incandescent light bulbs, which people and businesses have increasingly been replacing with much more efficient LED and compact fluorescent bulbs. The energy secretary, Dan Brouillette, a former auto industry lobbyist, said in December that the Trump administration did not want to limit consumer choice. The rule had been slated to go into effect on Jan. 1 and was required by a law passed in 2007. — Ivan PennAdvertisementContinue reading the main story More

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      How Will Biden Deal With Republican Sabotage?

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      When Joe Biden is inaugurated, he will immediately be confronted with an unprecedented challenge — and I don’t mean the pandemic, although Covid-19 will almost surely be killing thousands of Americans every day. I mean, instead, that he’ll be the first modern U.S. president trying to govern in the face of an opposition that refuses to accept his legitimacy. And no, Democrats never said Donald Trump was illegitimate, just that he was incompetent and dangerous.It goes without saying that Donald Trump, whose conspiracy theories are getting wilder and wilder, will never concede, and that millions of his followers will always believe — or at least say they believe — that the election was stolen.Most Republicans in Congress certainly know this is a lie, although even on Capitol Hill there are a lot more crazy than we’d like to imagine. But it doesn’t matter; they still won’t accept that Biden has any legitimacy, even though he won the popular vote by a large margin.And this won’t simply be because they fear a backlash from the base if they admit that Trump lost fair and square. At a fundamental level — and completely separate from the Trump factor — today’s G.O.P. doesn’t believe that Democrats ever have the right to govern, no matter how many votes they receive.After all, in recent years we’ve seen what happens when a state with a Republican legislature elects a Democratic governor: Legislators quickly try to strip away the governor’s powers. So does anyone doubt that Republicans will do all they can to hobble and sabotage Biden’s presidency?The only real questions are how much harm the G.O.P. can do, and how Biden will respond.The answer to the first question depends a lot on what happens in the Jan. 5 Georgia Senate runoffs. If Democrats win both seats, they’ll have effective though narrow control of both houses of Congress. If they don’t, Mitch McConnell will have enormous powers of obstruction — and anyone who doubts that he’ll use those powers to undermine Biden at every turn is living in a fantasy world.But how much damage would obstructionism inflict? In terms of economic policy — which is all I’ll talk about in this column — the near future can be divided into two eras, pre- and post-vaccine (or more accurately, after wide dissemination of a vaccine).For the next few months, as the pandemic continues to run wild, tens of millions of Americans will be in desperate straits unless the federal government steps up to help. Unfortunately, Republicans may be in a position to block this help.The good news about the very near future, such as it is, is that Americans will probably (and correctly) blame Donald Trump, not Joe Biden, for the misery they’re experiencing — and this very fact may make Republicans willing to cough up at least some money.What about the post-vaccine economy? Here again there’s potentially some good news: Once a vaccine becomes widely available, we’ll probably see a spontaneous economic recovery, one that won’t depend on Republican cooperation. And there will also be a vast national sense of relief.So Biden might do OK for a while even in the face of scorched-earth Republican opposition. But we can’t be sure of that. Republicans might refuse to confirm anyone for key economic positions. There’s always the possibility of another financial crisis — and outgoing Trump officials have been systematically undermining the incoming administration’s ability to deal with such a crisis if it happens. And America desperately needs action on issues from infrastructure, to climate change, to tax enforcement that won’t happen if Republicans retain blocking power.So what can Biden do?First, he needs to start talking about immediate policy actions to help ordinary Americans, if only to make it clear to Georgia voters how much damage will be done if they don’t elect Democrats to those two Senate seats.If Democrats don’t get those seats, Biden will need to use executive action to accomplish as much as possible despite Republican obstruction — although I worry that the Trump-stacked Supreme Court will try to block him when he does.Finally, although Biden is still talking in a comforting way about unity and reaching across the aisle, at some point he’ll need to stop reassuring us that he’s nothing like Trump and start making Republicans pay a political price for their attempts to prevent him from governing.Now, I don’t mean that he should sound like Trump, demanding retribution against his enemies — although the Justice Department should be allowed to do its job and prosecute whatever Trump-era crimes it finds.No, what Biden needs to do is what Harry Truman did in 1948, when he built political support by running against “do-nothing” Republicans. And he’ll have a better case than Truman ever did, because today’s Republicans are infinitely more corrupt and less patriotic than the Republicans Truman faced.The results of this year’s election, with a solid Biden win but Republicans doing well down-ballot, tells us that American voters don’t fully understand what the modern G.O.P. is really about. Biden needs to get that point across, and make Republicans pay for the sabotage we all know is coming.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More