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> -----------------------------------------------------------------
> ------- <Picture: WND Exclusive >
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> ------- THE IMPERIAL PRESIDENCY Executive Order 13083 replaced
> with new one Federalism policy still broadens scope of
> Washington's power
>
> -----------------------------------------------------------------
> -------
>
> By David M. Bresnahan
> � 1999 WorldNetDaily.com
>
> WASHINGTON, D.C. -- There's good news and bad news from the White
> House. The good news is that Executive Order 13083 has been
> officially revoked, but the bad news is that a new executive
> order on Federalism has replaced it.
>
> Governors, mayors, and citizens from all political parties
> rallied together in an effort to abolish EO 13083 when it was
> signed in May 1998. WorldNetDaily first broke the news of what
> initially appeared to be a non-threatening document. Elected
> officials were not aware of EO 13083 until WorldNetDaily asked
> for comments, but they soon went to work to stop it.
>
> Shortly after the nation's governors voted in the National
> Governor's Association convention in opposition to the order,
> President Clinton signed EO 13095 which suspended 13083. Many
> expressed concern that it was only suspended and not revoked.
>
> The uprising of governors, who were joined by the nation's
> mayors, was over the clever wording used by President Clinton in
> EO 13083. Gov. Mike Leavitt, R-Utah, protested loudly and claimed
> that EO 13083 did not clarify previous federalism executive
> orders -- it destroyed them.
>
> "This order (EO 13083) represents a 180-degree turn from all
> previous federalism aimed to restrain federal action over
> states," said Leavitt in disagreement with the Clinton fact sheet
> issued at the time. "The current version of this new order is
> written to justify federal supremacy," he stated last year.
>
> The White House fact sheet claimed that President Clinton
> believed EO 13083 was necessary in order to "protect individual
> liberty." Critics insisted he was taking liberty away.
>
> Rep. Ron Paul, R-Texas, also spoke out strongly against EO 13083.
> He told WorldNetDaily that it gave further authority to
> government agencies to establish rules and regulations that would
> have the power and effect of law, even though Congress did not
> vote on such laws.
>
> The new executive order is titled "Federalism," and does not yet
> have a number. Both Leavitt and the Republican Governors
> Association were contacted after it was issued. Leavitt's office
> has not yet responded to requests for comments. The RGA
> spokesperson was not aware of it, and Rep. Paul's office could
> not be reached because it was late in the day.
>
> Kristen Fedewa of the Republican Governors Association was not
> aware of the new executive order, but she remembered the problems
> with EO 13083 and the way President Clinton tried to sneak it
> through unnoticed.
>
> "Well, they're getting ready for NGA (National Governors
> Association convention) which is very fortuitous," said Kristen
> Fedewa when contacted at RGA headquarters. "They issued it last
> time right before we were getting ready for NGA, and I don't know
> if it was deliberate because they thought we'd all be busy, or
> they wanted us all to talk about it at NGA. My suspicion is the
> first one," she told WorldNetDaily.
>
> When President Clinton suspended EO 13083, he promised to involve
> the nation's governors in the process of writing a better
> version. At the time, some questioned the need to do anything. In
> his limited remarks upon signing the new order yesterday,
> President Clinton claimed he had help with the revision, but he
> did not state where that help came from.
>
> "As a former governor, I know how important it is for the
> American people that the Federal government and State and local
> governments work together as partners. The executive order on
> federalism I signed will strengthen our partnership with State
> and local governments and ensure that executive branch agencies
> are able to do their work on behalf of the American people. I
> want to thank the representatives of State and local governments
> who worked with my administration in developing an executive
> order that enables us to better serve all of the American
> people," President Clinton stated.
>
> A press release from the White House press office also stressed
> the desire to enhance the partnership between the federal
> government and the states. That release claims a bipartisan group
> from seven major intergovernmental organizations of state and
> local officials assisted in the draft of the new executive order.
>
>
> A letter signed by the participants was sent to President
> Clinton. It said in part, "The executive order constructively
> responds to the concerns we raised during these consultations and
> provides to federal agencies strengthened guidance on the
> importance of federalism and state and local authority."
>
> The White House did not disclose who participated in the drafting
> of the new version of the order, nor did it provide a copy of the
> letter.
>
> A comparison between EO 13083 and the new EO on federalism finds
> there were many changes made which would most likely please some
> former critics.
>
> Definitions and policy were strengthened, and restrictions were
> placed on government agencies. There was no challenge to the
> ability of federal agencies to enact rules and regulations. They
> can still effectively do so as long as they consult with states
> first.
>
> But, despite all the nice definitions contained in the revised
> version, many loopholes still exist to permit federal agencies to
> do virtually anything they wish.
>
> The new version requires agencies to do some things in advance of
> enacting regulations that impact states, but there is nothing
> preventing those agencies from going forward with their plans
> after following the guidelines.
>
> For example, section 3 (d) states,
>
>
>
> When undertaking to formulate and implement policies that have
> federalism implications, agencies shall:
>
> (1) encourage States to develop their own policies to achieve
> program objectives and to work with appropriate officials in
> other States;
>
> (2) where possible, defer to the States to establish standards;
>
> (3) in determining whether to establish uniform national
> standards, consult with appropriate State and local officials as
> to the need for national standards and any alternatives that
> would limit the scope of national standards or otherwise preserve
> State prerogatives and authority; and
>
> (4) where national standards are required by Federal statutes,
> consult with appropriate State and local officials in developing
> those standards.
>
>
>
> Similarly, when a federal agency plans to create a regulation
> that will preempt existing state laws, the new executive order
> places requirements that "the agency shall consult, to the extent
> practicable, with appropriate State and local officials in an
> effort to avoid such a conflict."
>
>
>
> Nothing in the order prevents an agency from enacting any rule
> desired. They are required to consult, encourage, and inform but
> the results of those efforts do not require the agency to follow
> any input given by elected officials. Despite all the consulting,
> agencies are not prohibited from doing what they chose to do.
>
> Section 6 of the new order deals extensively with requirements
> placed on agencies in the rule-making process, but at the
> conclusion of that section the loopholes are given to enable an
> agency to do as they please.
>
> Here are some of the ways an agency can create any rule they
> wish, even if elected officials do not want the rule, according
> to Section 6:
>
>
>
> �If funds to pay for costs incurred by local governments are paid
> for by the federal government, or if the agency consulted with
> the local officials prior to implementing the rule.
>
> �If the agency provides an explanation in the preamble to the
> regulation giving the objections offered by the local officials
> and the reasons to ignore those objections.
>
> �If the agency supplies copies of objections to the regulation to
> the Director of the Office of Management and Budget.
>
>
>
>
>
> The press release from the White House points out one more
> loophole: "At the same time, the Order makes clear that federal
> action is appropriate in the presence of a problem of national
> scope or significance."
>
> A new bureaucrat will have a job in every federal agency because
> of the new order. That person will be required to be in place
> within the next 90 days with the responsibility of making sure
> the order is implemented properly in that agency. They must also
> sign off on any new proposed regulations to show that all
> requirements have been met.
>
> Simultaneous with the issuance of EO 13083 last year, President
> Clinton also issued EO 13084 on Consultation and Coordination
> with Indian Tribal Governments. The White House did not give
> specifics, but indicated that it will also be changed in the near
> future.
>
> The new order will go in effect on Nov. 4, 1999, unless the
> president is again persuaded to revoke or suspend it, or unless
> Congress takes action to stop it.
>
> -----------------------------------------------------------------
> -------
>
> David M. Bresnahan, a contributing editor for WorldNetDaily.com,
> is the author of a new report on Y2K, the book "Cover Up: The Art
> and Science of Political Deception," and offers a monthly
> newsletter "Talk USA Investigative Reports." He may be reached
> through email and also maintains an archive of his work.
>From www.worldnetdaily.com
A<>E<>R
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