Presidential Executive Orders & Memoranda

Date Action Summary

3/14/17 13781: In an effort to improve the efficiency, effectiveness, and accountability of Comprehensive Plan for the executive branch, the Director of the Office of Management and Reorganizing the Executive Budget shall propose a plan to reorganize governmental functions and Branch eliminate unnecessary agencies, components of agencies, and agency programs. Within 180 days, the head of each agency shall submit to the Director of OMB a proposed plan of reorganization, if appropriate.

3/6/17 : Revokes and replaces E.O. 13769 on March 16th. Limits the number of Protecting the Nation from refugees to be admitted in to the in 2017 to 50,000 and Foreign Terrorist Entry into the suspends the U.S. Refugee Admissions Program for 120 days (to expire United States July 16, 2017), after which the program will be conditionally resumed for individual countries. Restricts admission and halts new visa applications of citizens from Iran, Libya, Somalia, Sudan, Syria, and Yemen for 90 days (to expire July 16, 2017). Iraq, listed on previous E.O. 13769, is exempted in this order.

3/6/17 Presidential Memoranda: Directs the Secretary of State, the Attorney General, and the Secretary of Memorandum for the Homeland Security to implement immediate heightened screening and Secretary of State, the vetting of applications for visas and other immigration benefits while a Attorney General, the review is being conducted to "identify whether, and if so what, additional Secretary of Homeland information will be needed from each foreign country to adjudicate an Security application by a national of that country for a visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual is not a security or public-safety threat." In addition, ensure the enforcement of all laws for entry into the United States and increase transparency among Departments and Agencies of the Federal Government and for the American people.

2/28/17 Executive Order 13779: White Moves the Initiative on Historically Black Colleges and House Initiative to Promote Universities, which was part of the Department of Education during the Excellence and Innovation at Obama Administration, back to the White House. The order places an Historically Black Colleges and emphasis on private sector partnerships and infrastructure upgrades. Universities Establishes a President's Board of Advisors on HBCUs to provide recommendations to the President and an executive director of the White House Initiative on HBCUs, which will be in the Executive Office of the President.

2/28/17 Executive Order 13778: Instructs a review of the Waters of the United States (WOTUS) rule by the Restoring the Rule of Law, Environmental Protection Agency (EPA) and the U.S. Army Corps of Federalism, and Economic Engineers and also requires the review of all orders, rules, regulations, Growth by Reviewing the guidelines or policies associated with the implementation of WOTUS. "Waters of the United States" Directs EPA and U.S. Amy Corp of Engineers to consider Scalia’s opinion in Rule Rapanos v. United States, which more narrowly defines what constitutes “navigable waters.”

2/24/17 Executive Order 13777: Requires the head of each agency to designate an agency official as its Enforcing the Regulatory Regulatory Reform Officer (RRO) and establish a Regulatory Reform task Reform Agenda Force. The RRO should oversee the implementation of regulatory reform initiatives and policies and the task force should evaluate existing regulations and make recommendations to the agency head regarding their repeal, replacement, or modification.

2/9/17 Executive Order 13776: Task Directs the Attorney General to establish, and to appoint or designate an Force on Crime Reduction and individual to chair, a Task Force on Crime Reduction and Public Safety. Public Safety The task force should exchange information and ideas useful in developing strategies to reduce crimes, identify deficiencies in existing laws, evaluate the availability and adequacy of crime related data, and conduct any other studies and develop recommendations directed by the Attorney General.

2/9/17 : Changes the line of succession for the DOJ, revoking E.O. 13762, signed by Providing an Order of former President Obama. Following the Attorney General, Deputy Succession Within the Attorney General, and Associate Attorney General, the line of succession Department of Justice is as follows: US Attorney for the Eastern District of Virginia, US Attorney for the Northern District of and US Attorney for the Western District of .

2/9/17 Executive Order 13774: Requires the Executive Branch to enforce all federal laws in order to Preventing Violence Against enhance the protection and safety of all law enforcement officers. Directs Federal, State, Tribal, and DOJ to develop strategies to further enhance the protection and safety of Local Law Enforcement law enforcement officers and pursue appropriate legislation that will Officers define new Federal crimes and increase penalties for existing Federal crimes. Additionally, it instructs the Attorney General to coordinate with law enforcement agencies at all levels in prosecuting crimes of violence against law enforcement officers, review existing Federal laws to determine if those laws adequately protect law enforcement officers, and evaluate all grant funding programs currently administered by DOJ to determine the extent to which its grant funding support and protects law enforcement officers.

2/9/17 Executive Order 13773: Establishes a comprehensive and decisive approach to dismantle Enforcing Federal Law with organized crime syndicates and restore safety to the American people. Respect to Transnational Strengthens the enforcement of Federal law in order to thwart Criminal Organizations and transnational criminal organizations and subsidiary organization, Preventing International including criminal gangs, cartels, racketeering organizations, and others. Trafficking Ensures that Federal law enforcement agencies devote sufficient resources to efforts to identify, interdict, and dismantle transnational criminal organizations, maximize information sharing and coordination efforts by federal agencies, and enhance cooperation with foreign counterparts. Directs the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence to co-chair and direct the existing interagency Threat Mitigation Working Group (TMWG). TMWG is to submit a report to the President in 120 days detailing their findings on the activities associated with transnational criminal organizations and the extent that they are operating in the United States. After the initial report, the Threat Mitigation Working Group is directed to submit annual reports to the President.

2/3/17 : Core Directs the Administration to regulate the US financial system consistent Principles for Regulating the with the newly-established “Core Principles”. Requires the Department United States Financial System of the Treasury to consult with the head of the member agencies of the Financial Stability Oversight Council and report to the President within 120 days on the extent to which existing laws, treaties, regulations, guidance, reporting and recordkeeping requirements promote the Core Principles and what actions have been taken, and are currently being taken to promote and support the Core Principles.

2/3/17 Presidential Memoranda: Requires the Department of Labor to review its Fiduciary Duty Rules to Regarding the Fiduciary Duty determine whether it may adversely affect the ability of Americans to Rule gain access to retirement information and financial advice. The Department should prepare an updated economic and legal analysis concerning the likely impact of the Fiduciary Duty Rule. If it is concluded that the Fiduciary Duty Rule is inconsistent with the priorities set forth, then the Department must publish for notice and comment a proposed rule rescinding or revising the Rule.

1/30/17 : Establishes a regulatory cap for fiscal year 2017, requiring executive Reducing Regulation and departments or agencies to identify at least two existing regulations to be Controlling Regulatory Costs repealed when it publicly proposes for notice and comment or otherwise promulgates a new regulation. Additionally, the order requires all heads of agencies to reduce the budgetary impact of regulations, stating that the cost of new regulations offset with repealing existing regulations should be zero. The Director of OMB should issue guidance to heads of agencies to implement this order.

On February 8th, Public Citizen, the National Resource Defense Council, and the Communications Workers of America filed suit against the Administration over this executive order.

Interim guidance (02/02/17): The interim guidance document released by the Office of Information and Regulatory Affairs (OIRA) clarifies that the executive order only applies to significant regulations and agencies defined in EO12866 and includes significant regulations that a notice of proposed rule-making was issued in advance of January 20, 2017. The guidance clarifies that programs that transfer money to beneficiaries (i.e. Medicare) are not covered by the executive order. New significant guidance will be decided on a case-by-case basis. Cost will be measured by the process outlined in OMB Circular A-4. Waivers can be granted in “emergencies addressing critical health, safety, or financial matters, or for some other compelling reason.” Directs agencies to enact a new regulation and repeal two existing regulations in tandem whenever possible.

1/28/17 : Ethics Requires Executive Branch appointees sign an ethics pledge, which they Commitments by Executive will be contractually committed to. The pledge is similar to the previous Branch Appointees administration’s pledge, however, it extends the lobbying ban to 5 years for any executive agency in which a person served, although it allows individuals to lobby other agencies and branches of government. It imposes a lifetime ban on former executive branch officials lobbying for foreign governments or on behalf of foreign political parties, if those activities would require the official to register under the Foreign Agents Registration Act. The order does provide the President flexibility to grant a waiver from the ethics pledge.

1/28/17 Presidential Memoranda: Directive organizing and guiding the National Security Council (NSC) and Organization of the National the Homeland Security Council. Significant changes from the previous Security Council and the administration come in the form of inviting the President’s chief strategist Homeland Security Council (Steve Bannon) to attend any meeting of the NSC and will be a regular member of the Principals Committee. Additionally, the directive limits the participation of the Director of National Intelligence and the Chairman of the Joint Chiefs of Staffs by no longer making them automatic members of the Principals Committee.

1/28/17 Presidential Memoranda: Plan Requires the Secretary of Defense to submit a preliminary draft of the to Defeat Islamic State of Iraq plan to defeat ISIS to the President, within 30 days. The plan should and Syria include a comprehensive strategy and plans for the defeat of ISIS, recommend changes to any US rules of engagement and other US policy restrictions, identification of new coalition partners in the fight against ISIS and policies to empower them, mechanisms to cut off or seize ISIS’s financial support, and a strategy to robustly fund the plan.

1/27/17 : Order to lower the number of refugees to be admitted into the U.S. in Protecting the Nation from 2017 to 50,000, suspend the U.S. Refugee Admissions Program for 120 Foreign Terrorist Entry into the days, suspend admission of Syrian refugees indefinitely, restrict the United States admission of citizens from seven countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen) for 90 days and orders a list of countries for entry restrictions after 90 days. In addition, requires the prioritization of refugee claims by individuals from minority religions on the basis of religious-based persecution.

On February 9th, the 9th Circuit Court of Appeals unanimously ruled that the executive order would remain blocked. On March 6th, the President issued an Executive Order to revoke and replace this E.O.

1/27/17 Presidential Memoranda: Requires the Secretary of Defense to conduct a 30-day readiness review Regarding Rebuilding the U.S. which assesses readiness conditions, including training, equipment Armed Forces maintenance, munitions, modernizations, and infrastructure. Concurrently, the Secretary, with the Director of OMB, shall develop a fiscal year 2017 budget amendment for military readiness, including any proposed reallocations. Additionally, the Secretary of Defense should produce a National Defense Strategy, a new Nuclear Posture Review, and a new ballistic Missile Defense Review.

1/25/17 : The order prioritizes the removal of aliens who have been charged with a Enhancing Public Safety in the crime or could be charged with a crime, priorities for deportation. This Interior of the United States includes aliens who “have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency; have abused any program related to receipt of public benefits; are subject to a final order of removal, but who have not complied with their legal obligation to depart the United States; or in the judgment of an immigration officer, otherwise pose a risk to public safety or national security." Additionally, the order requires the disqualification of “sanctuary cities” from receiving U.S. federal grants and the publication of a list of crimes by immigrants. Creates the Office of Victims or Immigration Crime Engagement for the assistance of victims of immigrant crime.

On January 31st, 2017, the City and County of filed a civil action challenging the executive order on the grounds that it violated the 10th Amendment of the US Constitution, with regard to State Sovereignty. On February 8th, 2017, the cities of Chelsea, Massachusetts and Lawrence, Massachusetts filed a lawsuit in the U.S. District Court in Boston, challenging the validity of the executive order.

OMB Statement (01/26/17): “Implementing this executive order is anticipated to increase costs compared to Fiscal Year (FY) 2016 for these purposes, and have no effect on revenues to the Federal Government. Implementing this executive order is anticipated to have no impact on mandatory obligations and outlays, and to increase discretionary obligations and outlays for these purposes. This executive order is not, however, anticipated to increase discretionary obligations and outlays overall, and the impact beyond FY 2017 will depend on the annual appropriations process.”

1/25/17 : Border Calls for the construction of a physical wall across the Mexico—United Security and Immigration States border and directs the executive branch, through lawful means, to Enforcement Improvements secure the United States’ southern border, detain individuals who are suspected of violating federal immigration law, expedite determinations of detained individuals’ ability to remain in the United States, and promptly remove those whose claims have been rejected. In addition, calls for the hiring of more border agents to help secure the southern border.

OMB Statement (01/26/17): “Implementing this executive order is anticipated to increase costs compared to Fiscal Year (FY) 2016 for these purposes, and have no effect on revenues to the Federal Government. Implementing this executive order is anticipated to have no impact on mandatory obligations and outlays, and to increase discretionary obligations and outlays for these purposes. This executive order is not, however, anticipated to increase discretionary obligations and outlays overall, and the impact beyond FY 2017 will depend on the annual appropriations process. The executive order is anticipated to have no effect on revenues to the Federal Government, in the 5-fiscal year period beginning in fiscal year 2017.”

1/24/17 : Directs the executive branch to streamline and expedite environmental Expediting Environmental reviews and approvals for all infrastructure projects, especially those that Reviews and Approvals for are a high priority for the Nation i.e. improving the U.S. electrical grid and High Priority Infrastructure repairing critical port facilities, airports, bridges, and highways. The White Projects House Council on Environment Quality (CEQ) shall decide whether an infrastructure request qualifies as a “high priority” within 30 days of request being made by relevant agencies and Governors of a state.

1/24/17 : Directs executive departments and agencies to support the expansion of Streamlining Permitting and manufacturing in the United States through expedited reviews of and Reducing Regulatory Burdens approvals for proposals to construct or expand manufacturing facilities for Domestic Manufacturing and also through reductions in regulatory burdens affecting domestic manufacturing. For 60 days, the Secretary of Commerce should conduct outreach to stakeholders and solicit comments from the public concerning Federal actions on manufacturing. After those 60 days, the Secretary should submit a report to the President setting forth a plan to streamline Federal permitting process for domestic manufacturing and to reduce regulatory burdens affecting domestic manufacturing.

1/24/17 Presidential Memorandum: Directs the Secretary of the Army to instruct the Assistant Secretary of Regarding the Construction of the Army for Civil Works and the U.S. Army Corps of Engineers to take all the actions necessary to review and approve requests for approvals to (DAPL) construct and operate the DAPL.

1/24/17 Presidential Memorandum: Invites the TransCanada to promptly re-submit its Regarding the Construction of application to the Department of State for a Presidential permit for the Keystone XL Pipeline constructions and operation of the Keystone XL Pipeline. Once the application is received, directs the Secretary of state to take all actions necessary and appropriate to facilitate its expeditious review.

1/24/17 Presidential Memorandum: Directs the Secretary of Commerce, in consultation with relevant Regarding the Construction of executive departments and agencies, to develop a plan under which all American Pipelines new pipelines, as well as retrofitted, repaired, or expanded pipelines, inside the borders of the United States, use materials and equipment produced in the United States.

1/23/17 Presidential Memorandum: This memorandum revokes the Presidential Memorandum of January 23, Regarding the Mexico City 2009, and reinstates the Presidential Memorandum of January 22, 2001, Policy in which all foreign nongovernmental organizations receiving U.S. funds are barred from performing or promoting abortions as a method of family planning in other countries.

1/23/17 Presidential Memorandum: Directs USTR to withdraw the United States as a signatory to the Trans- Regarding Withdrawing the Pacific partnership, to permanently withdraw the United States from TPP United States from the Trans- negotiations, and to begin pursuing bilateral trade negotiations to Pacific Partnership promote American industry, protect Americans workers and raise Negotiations and Agreement America wages.

1/23/17 Presidential Memorandum: Orders a freeze on the hiring of Federal civilian employees to be applied Regarding the Hiring Freeze across the board in the executive branch. As part of this freeze, no vacant positions existing at noon on January 22, 2017, may be filled and no new positions may be created, except in limited circumstances. The head of any executive department or agency may exempt from the hiring freeze any positions that it deems necessary to meet national security or public safety responsibilities. Within 90 days, the Director of the Office of Management and Budget, in consultation with the Director of the Office of Personnel Management, shall recommend a long-term plan to reduce the size of the Federal Government’s workforce.

OMB Memorandum (01/31/17): “This guidance provides information on the types of exemptions authorized under this hiring freeze as well as instructions on how departments and agencies can request exemptions from the Director of the Office of Personnel Management (OPM) for critical situations where additional exemptions may be warranted.”

1/20/17 : Seeks for the prompt repeal of the Patient Protection and Affordable Care Minimizing the Economic Act. While the repeal of the bill is pending, the executive branch should Burden of the Patient ensure that the law is being efficiently implemented, take actions to Protection and Affordable minimize the unwarranted economic and regulatory burdens of the Act, Care Act Pending Repeal and prepare to afford the States more flexibility and control to create a more open and free healthcare market. Additionally, the Secretary of Health and Human Services and heads of all other relevant executive branch departments and agencies should waive, defer, grant exemptions from, or delay the implementation of any provision or requirement of the Act that would impose a fiscal burden on any State, individual, family, health insurers/providers, etc.

1/20/17 Presidential Memorandum: Requires that the Director/Acting Director of OMB not send any For the Heads of Executive regulation to the Office of the until a department or Departments and Agencies, agency head appointed by the President after noon January 20, 2017, Regarding the Regulatory reviews and approves the regulation. With respect to regulations that Freeze Pending Review have been sent to the OFR but not published in the Federal Register, immediately withdraw them from the OFR for review and approval. With respect to regulations that have been published in the OFR but have not taken effect, temporarily postpone their effective date for 60 days from the date of this memorandum.