“There has always been a tension between the antitrust laws and patent law,” Adam Mossoff, co-founder of the Center for the Protection of Intellectual Property and professor at Antonin Scalia Law School at George Mason University, told Watchdog.org. “[A]ntitrust authorities have historically been very skeptical [of innovative companies] and have tended to find so-called monopolization activities when in fact it’s just the evolution and development of a new market that never existed before.”
Mossoff and others worry that the commission has undermined property rights, threatening companies’ incentives to invest and innovate and encouraging foreign countries to disregard IP protections, all the while basing its enforcement actions on theoretical injury to consumers, rather than demonstrated harm.
“Caught up in a ‘moral panic’ over IP, the FTC is trying to remedy uncertain consumer ‘harms,’ Mossoff said, while threatening innovative companies’ research-and-development-driving revenue streams. By calling the stability of intellectual property rights into question, the FTC could undermine the ‘web of commercial transactions, thousands of commercial transactions’ that go into every smartphone, ever car, and many more products. Those commercial webs depend, he said, on companies knowing whose IP is what, and what it’s worth.”
Bosch Fawstin and Amy Peikoff To Create a Graphic Novel Based on Ayn Rand’s Best Selling Novel *Atlas Shrugged*
Work is well underway on a new graphic novel based on Ayn Rand’s Atlas Shrugged, to be published in the next couple of years by New American Library (NAL), a division of Penguin Random House with the approval of Leonard Peikoff. The designer and artist is Bosch Fawstin with a script by him and Amy Peikoff, adapted from the novel. The graphic novel will most likely be published in three volumes over a period of a few months after it is completed.
As is necessarily the case when adapting a novel to a new medium, considerable condensation is required in a treatment appropriate for that medium. The publisher is now reviewing some substantial early work by Mr. Fawstin and Ms. Peikoff in order to determine the appropriate length of the work.
NAL, a division of Penguin Random House, will not make any public announcement about the project until the editorial issues are finalized, covers are designed, etc. Knowing the interest that the project will generate among Ayn Rand’s readers, they have kindly given us permission to informally make ARI supporters aware of the project.
We look forward to letting you know more about the project as it develops. We expect you will be as excited as those now working on this new opportunity to bring Ayn Rand’s artistic achievement to a wider audience and a new generation of young readers.
Bosch Fawstin is the author of the controversial Infidel graphic novel and is the winner of the award-winning cartoon of Mohammed contest. His image that was self-censored in reporting by the American media when the contest became the target of Islamic State in Garland Texas. Thankfully the two Islamic terrorists were killed before they could kill anybody. Professor Amy Peikoff is a philosopher and lawyer who specializes on privacy issues and runs a podcast: Don’t Let It Go! She is also currently working on a book, Legalizing Privacy: Why and How, which discusses the value of privacy for the virtuous life and the proper means of protecting it.
Read Bosch’s interview at Cap Mag: Art Against Jihad: An Interview with Bosch Fawstin Creator of The Infidel and Pigman!
We should debate all of these replacement ideas on the same day we pass Repeal, but we will have to separate the debate into at least two different bills because there is no consensus with leadership on replacement. While the vast majority of Republicans have come out in favor of the principals of our replacement bill, some in leadership have offered starkly different ideas.
Republican leadership wants to keep several variations of ObamaCare:
1. Leadership wants to keep ObamaCare-like subsidies to buy insurance but rename them refundable tax credits (families will be given up to $14,000 dollars of other people’s money)
2. Leadership wants to keep the ObamaCare Cadillac tax but rename it a tax on the top 10% of people who have the best insurance.
3. Leadership wants to keep the individual mandate but instead of mandating a tax penalty to the government they mandate a penalty to the insurance company (can it possibly be Constitutional to mandate a penalty to a private insurance company?)
4. Leadership wants to keep $100 billion of the insurance company subsidies from ObamaCare but call them “reinsurance”. (Why? Because insurance companies love guaranteed issue as long as the taxpayer finances it!)
Conservatives don’t want new taxes, new entitlements and an “ObamaCare Lite” bill. If leadership insists on replacing ObamaCare with ObamaCare-lite, no repeal will pass.
Well said Senator Paul.
Stephen Knott talked about his book, Alexander Hamilton and the Persistence of Myth. In his book, Mr. Knott questions the accuracy of the historical accounts written about Alexander Hamilton and examines the Founder’s legacy. Mr. Knott also highlights the Broadway musical “Hamilton” and its impact on restoring Alexander Hamilton’s reputation.
C. Bradley Thompson, professor of political philosophy and executive director of the Clemson Institute for the Study of Capitalism, explains why Trump won the election in his essay Donald Trump and the Revolt of the Unseen. (Hint: It was not because of the Russians.)
For better or worse, November 8, 2016, will go down in American history as a watershed election. Donald J. Trump’s victory represents a profound realignment in American politics. This much seems certain: the ancien régime is dead.
Our challenge is not to praise Trump’s virtues or to condemn his vices, but to understand why tens of millions of Americans voted for Donald Trump—the unlikeliest of candidates—to become the president of the United States.
In his inaugural address, President Trump voiced a theme that ran throughout his campaign: “The forgotten men and women of our country will be forgotten no longer.” Trump’s political genius was to find the lost, the forgotten, the dispossessed, and the invisible.
Ironically, the billionaire from Manhattan became the voice of the Forgotten Man—the man who works hard, pays his taxes, supports his family, and volunteers in his community as a soccer coach and a Boy Scout leader. When Trump said “We will make America great again,” he spoke to the deepest aspirations of ordinary Americans who love their country but see it crumbling all around them. He waged war on their behalf.
And now his supporters have fundamentally altered the traditional left-right political spectrum. A social-political-ideological realignment is underway, transitioning the country to a new party system that has been developing, mostly unseen, for two or three decades. The new political spectrum is less ideological and more cultural. It is divided between the Ruling Elite and the Deplorables. […]
Read the rest of Donald Trump and the Revolt of the Unseen.
Whistleblowers at the U.S. government’s official keeper of the global warming stats, the National Oceanic and Atmospheric Administration (NOAA), claim their agency doctored temperature data to hide the fact that global temperatures plateaued almost 20 years ago.
None of the billions spent on research amounted to anything — none of the models proved reliable, none of the predictions were borne out, none of the expected effects materialized. The Arctic ice cap hasn’t disappeared, polar bear populations haven’t declined, hurricanes haven’t become more common, malaria hasn’t spread, temperatures haven’t continued to climb. What did materialize was fraud after fraud.
Likewise, a much heralded claim that 97 per cent of scientists believed the planet was overheating came from a 2008 master’s thesis by a student at the University of Illinois who obtained her results by conducting a survey of 10,257 earth scientists, then discarding the views of all but 77 of them. Of those 77 scientists, 75 thought humans contributed to climate change. The ratio 75/77 produced the 97-per-cent figure that global warming activists then touted.
Robots are taking human jobs. But Bill Gates believes that governments should tax companies’ use of them, as a way to at least temporarily slow the spread of automation and to fund other types of employment. It’s a striking position from the world’s richest man and a self-described techno-optimist who co-founded Microsoft, one of the leading players in artificial-intelligence technology.
Quartz: What do you think of a robot tax? This is the idea that in order to generate funds for training of workers, in areas such as manufacturing, who are displaced by automation, one concrete thing that governments could do is tax the installation of a robot in a factory, for example.
Bill Gates: Certainly there will be taxes that relate to automation. Right now, the human worker who does, say, $50,000 worth of work in a factory, that income is taxed and you get income tax, social security tax, all those things. If a robot comes in to do the same thing, you’d think that we’d tax the robot at a similar level.
A robot is simply a tool — like the wheel, car, computer, etc. that makes humans more productive. Like any tool they must be built, maintained, replaced (and if running Windows software by Mr. Gates constantly updated for ‘bugs’).
Continues Mr. Gates:
Well, at a time when people are saying that the arrival of that robot is a net loss because of displacement, you ought to be willing to raise the tax level and even slow down the speed of that adoption somewhat to figure out, “OK, what about the communities where this has a particularly big impact? Which transition programs have worked and what type of funding do those require?”
And you’re more on the side that government should play an active role rather than rely on businesses to figure this out?
Well, business can’t. If you want to do [something about] inequity, a lot of the excess labor is going to need to go help the people who have lower incomes. And so it means that you can amp up social services for old people and handicapped people and you can take the education sector and put more labor in there. Yes, some of it will go to, “Hey, we’ll be richer and people will buy more things.” But the inequity-solving part, absolutely government’s got a big role to play there. The nice thing about taxation though, is that it really separates the issue: “OK, so that gives you the resources, now how do you want to deploy it?”
Tools which improve human productivity should not be taxed as they reduce the cost of living and increase everyone’s standard of living; rather the profits from the creation of such tools should be reinvested by companies to create even better tools to make human’s even more productive.
Writes Henry Hazlitt on “The Curse of Machinery” in Economics In One Lesson:
AMONG THE MOST viable of all economic delusions is the belief that machines on net balance create unemployment. Destroyed a thousand times, it has risen a thousand times out of its own ashes as hardy and vigorous as ever. Whenever there is long-continued mass unemployment, machines get the blame anew. This fallacy is still the basis of many labor union practices. The public tolerates these practices because it either believes at bottom that the unions are right, or is too confused to see just why they are wrong.
The belief that machines cause unemployment, when held with any logical consistency, leads to preposterous conclusions. Not only must we be causing unemployment with every technological improvement we make today, but primitive man must have started causing it with the first efforts he made to save himself from needless toil and sweat.
Arkwright invented his cotton-spinning machinery in 1760. At that time it was estimated that there were in England 5,200 spinners using spinning wheels, and 2,700 weavers—in all, 7,900 persons engaged in the production of cotton textiles. The introduction of Arkwright’s invention was opposed on the ground that it threatened the livelihood of the workers, and the opposition had to be put down by force. Yet in 1787—twenty-seven years after the invention appeared—a parliamentary inquiry showed that the number of persons actually engaged in the spinning and weaving of cotton had risen from 7,900 to 320,000, an increase of 4,400 percent.
There is also an absolute sense in which machines may be said to have enormously increased the number of jobs. The population of the world today is four times as great as in the middle of the eighteenth century, before the Industrial Revolution had got well under way. Machines may be said to have given birth to this increased population; for without the machines, the world would not have been able to support it. Three out of every four of us, therefore, may be said to owe not only our jobs but our very lives to machines.
Yet it is a misconception to think of the function or result of machines as primarily one of creating jobs. The real result of the machine is to increase production, to raise the standard of living, to increase economic welfare. It is no trick to employ everybody, even (or especially) in the most primitive economy. Full employment—very full employment; long, weary, backbreaking employment—is characteristic of precisely the nations that are most retarded industrially. Where full employment already exists, new machines, inventions and discoveries cannot—until there has been time for an increase in population — bring more employment. They are likely to bring more unemployment (but this time I am speaking of voluntaiy and not involuntary unemployment) because people can now afford to work fewer hours, while children and the overaged no longer need to work.
What machines do, to repeat, is to bring an increase in production and an increase in the standard of living. They may do this in either of two ways. They do it by making goods cheaper for consumers (as in our illustration of the overcoats), or they do it by increasing wages because they increase the productivity of the workers. In other words, they either increase money wages or, by reducing prices, they increase the goods and services that the same money wages will buy. Sometimes they do both. What actually happens will depend in large part upon the monetary policy pursued in a country. But in any case, machines, inventions and discoveries increase real wages.
In gobsmacks me to see that a billionaire who made his money under relative freedom, seeks to prevent others from accumulating capital and building wealth by increasing taxation, and further aims to displace businesses out of markets like education, with government bureaucracy.
“Capitalists,” like Bill Gates, who are utterly ignorant of free-market economics, are politically, capitalism’s worst enemy.
Universities are the cradle of free speech, where ideologies and ideas clash, where academics and activists can agree, disagree, or be disagreeable. This is particularly true in the United States, where the First Amendment zealously guards against government surveillance and intrusion into free speech.
Yet at hundreds of campuses across the country, administrators encourage students to report one another, or their professors, for speech protected by the First Amendment, or even mere political disagreements. The so-called “Bias Response Teams” reviewing these (often anonymous) reports typically include police officers, student conduct administrators and public relations staff who scrutinize the speech of activists and academics.
This sounds like the stuff of Orwell, although even he might have found the name “Bias Response Team” to be over-the-top.
Over the past year, I surveyed more than 230 such reporting systems for the Foundation for Individual Rights in Education and asked dozens of schools for records about their Bias Response Teams. What I found is detailed in a new report describing how universities broadly define “bias” to include virtually any speech, protected or not, that subjectively offends anyone.
On Wednesday night, protests at the University of California, Berkeley turned violent in response to a scheduled campus speech by Breitbart editor Milo Yiannopoulos. As a result, the speech was cancelled and Yiannopoulos was evacuated from campus.
The use of mob violence to respond to constitutionally protected expression is an affront to our nation’s liberal traditions. And as so often happens, it has also proven deeply counterproductive, sabotaging its apparent aim. Instead of silencing Yiannopoulos, the violent response ensured that his message was broadcast nationwide.
The events at Berkeley should alarm citizens from across the political spectrum who hold dear the liberal values enshrined in the First Amendment. FIRE will continue to insist that the proper answer to speech you hate is more speech, and we stand with the vast majority of Americans who live according to this principle every day.
Here is the full text of Trump’s EXECUTIVE ORDER “Protecting the Nation from Foreign Terrorist Entry into the United States“:
By the authority vested in me as President by the Constitution and laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., and section 301 of title 3, United States Code, and to protect the American people from terrorist attacks by foreign nationals admitted to the United States, it is hereby ordered as follows:
Section 1. Purpose. The visa-issuance process plays a crucial role in detecting individuals with terrorist ties and stopping them from entering the United States. Perhaps in no instance was that more apparent than the terrorist attacks of September 11, 2001, when State Department policy prevented consular officers from properly scrutinizing the visa applications of several of the 19 foreign nationals who went on to murder nearly 3,000 Americans. And while the visa-issuance process was reviewed and amended after the September 11 attacks to better detect would-be terrorists from receiving visas, these measures did not stop attacks by foreign nationals who were admitted to the United States.
Numerous foreign-born individuals have been convicted or implicated in terrorism-related crimes since September 11, 2001, including foreign nationals who entered the United States after receiving visitor, student, or employment visas, or who entered through the United States refugee resettlement program. Deteriorating conditions in certain countries due to war, strife, disaster, and civil unrest increase the likelihood that terrorists will use any means possible to enter the United States. The United States must be vigilant during the visa-issuance process to ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism.
In order to protect Americans, the United States must ensure that those admitted to this country do not bear hostile attitudes toward it and its founding principles. The United States cannot, and should not, admit those who do not support the Constitution, or those who would place violent ideologies over American law. In addition, the United States should not admit those who engage in acts of bigotry or hatred (including “honor” killings, other forms of violence against women, or the persecution of those who practice religions different from their own) or those who would oppress Americans of any race, gender, or sexual orientation.
Sec. 2. Policy. It is the policy of the United States to protect its citizens from foreign nationals who intend to commit terrorist attacks in the United States; and to prevent the admission of foreign nationals who intend to exploit United States immigration laws for malevolent purposes.
Sec. 3. Suspension of Issuance of Visas and Other Immigration Benefits to Nationals of Countries of Particular Concern. (a) The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall immediately conduct a review to determine the information needed from any country to adjudicate any visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat.
(b) The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall submit to the President a report on the results of the review described in subsection (a) of this section, including the Secretary of Homeland Security’s determination of the information needed for adjudications and a list of countries that do not provide adequate information, within 30 days of the date of this order. The Secretary of Homeland Security shall provide a copy of the report to the Secretary of State and the Director of National Intelligence.
(c) To temporarily reduce investigative burdens on relevant agencies during the review period described in subsection (a) of this section, to ensure the proper review and maximum utilization of available resources for the screening of foreign nationals, and to ensure that adequate standards are established to prevent infiltration by foreign terrorists or criminals, pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days from the date of this order (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas). [Related: State Sponsors of Terrorism]
(d) Immediately upon receipt of the report described in subsection (b) of this section regarding the information needed for adjudications, the Secretary of State shall request all foreign governments that do not supply such information to start providing such information regarding their nationals within 60 days of notification.
(e) After the 60-day period described in subsection (d) of this section expires, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas) from countries that do not provide the information requested pursuant to subsection (d) of this section until compliance occurs.
(f) At any point after submitting the list described in subsection (e) of this section, the Secretary of State or the Secretary of Homeland Security may submit to the President the names of any additional countries recommended for similar treatment.
(g) Notwithstanding a suspension pursuant to subsection (c) of this section or pursuant to a Presidential proclamation described in subsection (e) of this section, the Secretaries of State and Homeland Security may, on a case-by-case basis, and when in the national interest, issue visas or other immigration benefits to nationals of countries for which visas and benefits are otherwise blocked.
(h) The Secretaries of State and Homeland Security shall submit to the President a joint report on the progress in implementing this order within 30 days of the date of this order, a second report within 60 days of the date of this order, a third report within 90 days of the date of this order, and a fourth report within 120 days of the date of this order.
Sec. 4. Implementing Uniform Screening Standards for All Immigration Programs. (a) The Secretary of State, the Secretary of Homeland Security, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation shall implement a program, as part of the adjudication process for immigration benefits, to identify individuals seeking to enter the United States on a fraudulent basis with the intent to cause harm, or who are at risk of causing harm subsequent to their admission. This program will include the development of a uniform screening standard and procedure, such as in-person interviews; a database of identity documents proffered by applicants to ensure that duplicate documents are not used by multiple applicants; amended application forms that include questions aimed at identifying fraudulent answers and malicious intent; a mechanism to ensure that the applicant is who the applicant claims to be; a process to evaluate the applicant’s likelihood of becoming a positively contributing member of society and the applicant’s ability to make contributions to the national interest; and a mechanism to assess whether or not the applicant has the intent to commit criminal or terrorist acts after entering the United States.
(b) The Secretary of Homeland Security, in conjunction with the Secretary of State, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation, shall submit to the President an initial report on the progress of this directive within 60 days of the date of this order, a second report within 100 days of the date of this order, and a third report within 200 days of the date of this order.
Sec. 5. Realignment of the U.S. Refugee Admissions Program for Fiscal Year 2017. (a) The Secretary of State shall suspend the U.S. Refugee Admissions Program (USRAP) for 120 days. During the 120-day period, the Secretary of State, in conjunction with the Secretary of Homeland Security and in consultation with the Director of National Intelligence, shall review the USRAP application and adjudication process to determine what additional procedures should be taken to ensure that those approved for refugee admission do not pose a threat to the security and welfare of the United States, and shall implement such additional procedures. Refugee applicants who are already in the USRAP process may be admitted upon the initiation and completion of these revised procedures. Upon the date that is 120 days after the date of this order, the Secretary of State shall resume USRAP admissions only for nationals of countries for which the Secretary of State, the Secretary of Homeland Security, and the Director of National Intelligence have jointly determined that such additional procedures are adequate to ensure the security and welfare of the United States.
(b) Upon the resumption of USRAP admissions, the Secretary of State, in consultation with the Secretary of Homeland Security, is further directed to make changes, to the extent permitted by law, to prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual’s country of nationality. Where necessary and appropriate, the Secretaries of State and Homeland Security shall recommend legislation to the President that would assist with such prioritization.
(c) Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of nationals of Syria as refugees is detrimental to the interests of the United States and thus suspend any such entry until such time as I have determined that sufficient changes have been made to the USRAP to ensure that admission of Syrian refugees is consistent with the national interest.
(d) Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of more than 50,000 refugees in fiscal year 2017 would be detrimental to the interests of the United States, and thus suspend any such entry until such time as I determine that additional admissions would be in the national interest.
(e) Notwithstanding the temporary suspension imposed pursuant to subsection (a) of this section, the Secretaries of State and Homeland Security may jointly determine to admit individuals to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the admission of such individuals as refugees is in the national interest — including when the person is a religious minority in his country of nationality facing religious persecution, when admitting the person would enable the United States to conform its conduct to a preexisting international agreement, or when the person is already in transit and denying admission would cause undue hardship — and it would not pose a risk to the security or welfare of the United States.
(f) The Secretary of State shall submit to the President an initial report on the progress of the directive in subsection (b) of this section regarding prioritization of claims made by individuals on the basis of religious-based persecution within 100 days of the date of this order and shall submit a second report within 200 days of the date of this order.
(g) It is the policy of the executive branch that, to the extent permitted by law and as practicable, State and local jurisdictions be granted a role in the process of determining the placement or settlement in their jurisdictions of aliens eligible to be admitted to the United States as refugees. To that end, the Secretary of Homeland Security shall examine existing law to determine the extent to which, consistent with applicable law, State and local jurisdictions may have greater involvement in the process of determining the placement or resettlement of refugees in their jurisdictions, and shall devise a proposal to lawfully promote such involvement.
Sec. 6. Rescission of Exercise of Authority Relating to the Terrorism Grounds of Inadmissibility. The Secretaries of State and Homeland Security shall, in consultation with the Attorney General, consider rescinding the exercises of authority in section 212 of the INA, 8 U.S.C. 1182, relating to the terrorism grounds of inadmissibility, as well as any related implementing memoranda.
Sec. 7. Expedited Completion of the Biometric Entry-Exit Tracking System. (a) The Secretary of Homeland Security shall expedite the completion and implementation of a biometric entry-exit tracking system for all travelers to the United States, as recommended by the National Commission on Terrorist Attacks Upon the United States.
(b) The Secretary of Homeland Security shall submit to the President periodic reports on the progress of the directive contained in subsection (a) of this section. The initial report shall be submitted within 100 days of the date of this order, a second report shall be submitted within 200 days of the date of this order, and a third report shall be submitted within 365 days of the date of this order. Further, the Secretary shall submit a report every 180 days thereafter until the system is fully deployed and operational.
Sec. 8. Visa Interview Security. (a) The Secretary of State shall immediately suspend the Visa Interview Waiver Program and ensure compliance with section 222 of the INA, 8 U.S.C. 1222, which requires that all individuals seeking a nonimmigrant visa undergo an in-person interview, subject to specific statutory exceptions.
(b) To the extent permitted by law and subject to the availability of appropriations, the Secretary of State shall immediately expand the Consular Fellows Program, including by substantially increasing the number of Fellows, lengthening or making permanent the period of service, and making language training at the Foreign Service Institute available to Fellows for assignment to posts outside of their area of core linguistic ability, to ensure that non-immigrant visa-interview wait times are not unduly affected.
Sec. 9. Visa Validity Reciprocity. The Secretary of State shall review all nonimmigrant visa reciprocity agreements to ensure that they are, with respect to each visa classification, truly reciprocal insofar as practicable with respect to validity period and fees, as required by sections 221(c) and 281 of the INA, 8 U.S.C. 1201(c) and 1351, and other treatment. If a country does not treat United States nationals seeking nonimmigrant visas in a reciprocal manner, the Secretary of State shall adjust the visa validity period, fee schedule, or other treatment to match the treatment of United States nationals by the foreign country, to the extent practicable.
Sec. 10. Transparency and Data Collection. (a) To be more transparent with the American people, and to more effectively implement policies and practices that serve the national interest, the Secretary of Homeland Security, in consultation with the Attorney General, shall, consistent with applicable law and national security, collect and make publicly available within 180 days, and every 180 days thereafter:
(i) information regarding the number of foreign nationals in the United States who have been charged with terrorism-related offenses while in the United States; convicted of terrorism-related offenses while in the United States; or removed from the United States based on terrorism-related activity, affiliation, or material support to a terrorism-related organization, or any other national security reasons since the date of this order or the last reporting period, whichever is later;
(ii) information regarding the number of foreign nationals in the United States who have been radicalized after entry into the United States and engaged in terrorism-related acts, or who have provided material support to terrorism-related organizations in countries that pose a threat to the United States, since the date of this order or the last reporting period, whichever is later; and
(iii) information regarding the number and types of acts of gender-based violence against women, including honor killings, in the United States by foreign nationals, since the date of this order or the last reporting period, whichever is later; and
(iv) any other information relevant to public safety and security as determined by the Secretary of Homeland Security and the Attorney General, including information on the immigration status of foreign nationals charged with major offenses.
(b) The Secretary of State shall, within one year of the date of this order, provide a report on the estimated long-term costs of the USRAP at the Federal, State, and local levels.
Sec. 11. 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 of the Office of Management and Budget 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
Update: January 29, 2017
The NY Times reports that:
On Saturday night, a federal judge in Brooklyn blocked part of Mr. Trump’s order, saying that refugees and others being held at airports across the United States should not be sent back to their home countries. But the judge stopped short of letting them into the country or issuing a broader ruling on the constitutionality of Mr. Trump’s actions. Federal judges in three states — Massachusetts, Virginia and Washington — soon issued similar rulings to stop the government from removing refugees and others with valid visas. The judge in Massachusetts also said the government could not detain the travelers.
On Sunday morning, the Department of Homeland Security said it would comply with the rulings while it continued to enforce all of the president’s executive orders. “Prohibited travel will remain prohibited,” it said in a statement.
Reince Priebus, the White House chief of staff, said on Sunday that green card holders from the seven banned countries would not be prevented from returning to the United States “going forward.” That appeared to be a reversal from one of the order’s key components.
Mr. Priebus also said that border agents had “discretionary authority” to subject any travelers, including American citizens, to additional questioning and scrutiny if they had been to any of the seven countries mentioned in the executive order. [Trump’s Executive Order on Immigration: What We Know and What We Don’t – The New York Times]