Here's How the Obliteration of the Federal Government Begins

Yesterday afternoon, shortly after the CBO report on Trumpcare was released, Donald Trump had signed a new executive order with the members of his Cabinet flanking him: Presidential Executive Order on a Comprehensive Plan for Reorganizing the Executive Branch.

"Reorganizing" is a deceptively innocuous name, because the objective of this EO is to significantly reduce the size of the federal government, and the services it provides.

This is, by far, the biggest domestic policy that Trump has yet enacted. And it's largely flying under the radar.

The EO reads, in its entirety:

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Purpose. This order is intended to improve the efficiency, effectiveness, and accountability of the executive branch by directing the Director of the Office of Management and Budget (Director) to propose a plan to reorganize governmental functions and eliminate unnecessary agencies (as defined in section 551(1) of title 5, United States Code), components of agencies, and agency programs.

Sec. 2. Proposed Plan to Improve the Efficiency, Effectiveness, and Accountability of Federal Agencies, Including, as Appropriate, to Eliminate or Reorganize Unnecessary or Redundant Federal Agencies. (a) Within 180 days of the date of this order, the head of each agency shall submit to the Director a proposed plan to reorganize the agency, if appropriate, in order to improve the efficiency, effectiveness, and accountability of that agency.

(b) The Director shall publish a notice in the Federal Register inviting the public to suggest improvements in the organization and functioning of the executive branch and shall consider the suggestions when formulating the proposed plan described in subsection (c) of this section.

(c) Within 180 days after the closing date for the submission of suggestions pursuant to subsection (b) of this section, the Director shall submit to the President a proposed plan to reorganize the executive branch in order to improve the efficiency, effectiveness, and accountability of agencies. The proposed plan shall include, as appropriate, recommendations to eliminate unnecessary agencies, components of agencies, and agency programs, and to merge functions. The proposed plan shall include recommendations for any legislation or administrative measures necessary to achieve the proposed reorganization.

(d) In developing the proposed plan described in subsection (c) of this section, the Director shall consider, in addition to any other relevant factors:

(i) whether some or all of the functions of an agency, a component, or a program are appropriate for the Federal Government or would be better left to State or local governments or to the private sector through free enterprise;

(ii) whether some or all of the functions of an agency, a component, or a program are redundant, including with those of another agency, component, or program;

(iii) whether certain administrative capabilities necessary for operating an agency, a component, or a program are redundant with those of another agency, component, or program;

(iv) whether the costs of continuing to operate an agency, a component, or a program are justified by the public benefits it provides; and

(v) the costs of shutting down or merging agencies, components, or programs, including the costs of addressing the equities of affected agency staff.

(e) In developing the proposed plan described in subsection (c) of this section, the Director shall consult with the head of each agency and, consistent with applicable law, with persons or entities outside the Federal Government with relevant expertise in organizational structure and management.

Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP
THE WHITE HOUSE,
March 13, 2017.

There are three sections in particular I want to highlight.

1. "This order is intended to improve the efficiency, effectiveness, and accountability of the executive branch by directing the Director of the Office of Management and Budget (Director) to propose a plan to reorganize governmental functions and eliminate unnecessary agencies (as defined in section 551(1) of title 5, United States Code), components of agencies, and agency programs."

The primary objective is elimination.

2. "In developing the proposed plan described in subsection (c) of this section, the Director shall consider, in addition to any other relevant factors: (i) whether some or all of the functions of an agency, a component, or a program are appropriate for the Federal Government or would be better left to State or local governments or to the private sector through free enterprise."

The secondary objective is privatization of that which cannot be eliminated.

3. Recommendations for assessing whether an agency and/or its services should be eliminated or privatized include consideration of "(iv) whether the costs of continuing to operate an agency, a component, or a program are justified by the public benefits it provides."

There is no metric detailed for how that value is assessed. This is both a broad and subjective metric. So broad and subjective, in fact, that it was clearly designed to be abused. Elimination justified by the calculation that the public benefits provided by an agency could not justify its costs.

Though the designated responsibility for these assessments lies with the Director of the Office of Management and Budget, the director is tasked with relying on assessments provided by the agency directors (and the public). Which brings us back to a point I have made over and over and over: Trump chose Cabinet secretaries based on their contempt for the agencies they are tasked to lead.

Betsy DeVos wants to destroy public education; Scott Pruitt believes the EPA is a problem for business; Rick Perry once proposed eliminating the Department of Energy altogether; etc.

Now these people are being tasked with evaluating the efficacy of their departments and making recommendations with the objectives of elimination and privatization.

And let us be clear: The vast reduction in services will not mean lower taxes. Those funds will be redirected to Trump's pet projects like building a border wall or pouring more money into our "very depleted" military so it can be "bigger and better and stronger than ever before."

It will be incredibly difficult to rebuild the federal government after it is obliterated, especially when taxpayers aren't paying any less for fewer services. Rebuilding will necessitate tax increases, which are never a popular election strategy, even when they are desperately needed. It will be tough to find candidates who want to rebuild and can get elected on a strategy of rebuilding.

This will be devastating, and its effects will reverberate for a very long time.