Presidential Executive Orders & Memoranda
Date
Action
Summary
3/14/17
Executive Order 13781:
Comprehensive Plan for
Reorganizing the Executive
Branch
In an effort to improve the efficiency, effectiveness, and accountability of
the executive branch, the Director of the Office of Management and
Budget shall propose a plan to reorganize governmental functions and
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
Executive Order 13780:
Protecting the Nation from
Foreign Terrorist Entry into the
United States
Revokes and replaces E.O. 13769 on March 16th. Limits the number of
refugees to be admitted in to the United States in 2017 to 50,000 and
suspends the U.S. Refugee Admissions Program for 120 days (to expire
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:
Memorandum for the
Secretary of State, the
Attorney General, the
Secretary of Homeland
Security
Directs the Secretary of State, the Attorney General, and the Secretary of
Homeland Security to implement immediate heightened screening and
vetting of applications for visas and other immigration benefits while a
review is being conducted to "identify whether, and if so what, additional
information will be needed from each foreign country to adjudicate an
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
House Initiative to Promote
Excellence and Innovation at
Historically Black Colleges and
Universities
Moves the White House Initiative on Historically Black Colleges and
Universities, which was part of the Department of Education during the
Obama Administration, back to the White House. The order places an
emphasis on private sector partnerships and infrastructure upgrades.
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:
Restoring the Rule of Law,
Federalism, and Economic
Growth by Reviewing the
"Waters of the United States"
Rule
Instructs a review of the Waters of the United States (WOTUS) rule by the
Environmental Protection Agency (EPA) and the U.S. Army Corps of
Engineers and also requires the review of all orders, rules, regulations,
guidelines or policies associated with the implementation of WOTUS.
Directs EPA and U.S. Amy Corp of Engineers to consider Scalia’s opinion in
Rapanos v. United States, which more narrowly defines what constitutes
“navigable waters.”
2/24/17
Executive Order 13777:
Enforcing the Regulatory
Reform Agenda
Requires the head of each agency to designate an agency official as its
Regulatory Reform Officer (RRO) and establish a Regulatory Reform task
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
Force on Crime Reduction and
Public Safety
Directs the Attorney General to establish, and to appoint or designate an
individual to chair, a Task Force on Crime Reduction and 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
Executive Order 13775:
Providing an Order of
Succession Within the
Department of Justice
Changes the line of succession for the DOJ, revoking E.O. 13762, signed by
former President Obama. Following the Attorney General, Deputy
Attorney General, and Associate Attorney General, the line of succession
is as follows: US Attorney for the Eastern District of Virginia, US Attorney
for the Northern District of Illinois and US Attorney for the Western
District of Missouri.
2/9/17
Executive Order 13774:
Preventing Violence Against
Federal, State, Tribal, and
Local Law Enforcement
Officers
Requires the Executive Branch to enforce all federal laws in order to
enhance the protection and safety of all law enforcement officers. Directs
DOJ to develop strategies to further enhance the protection and safety of
law enforcement officers and pursue appropriate legislation that will
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:
Enforcing Federal Law with
Respect to Transnational
Criminal Organizations and
Preventing International
Trafficking
Establishes a comprehensive and decisive approach to dismantle
organized crime syndicates and restore safety to the American people.
Strengthens the enforcement of Federal law in order to thwart
transnational criminal organizations and subsidiary organization,
including criminal gangs, cartels, racketeering organizations, and others.
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
Executive Order 13772: Core
Principles for Regulating the
United States Financial System
Directs the Administration to regulate the US financial system consistent
with the newly-established “Core Principles”. Requires the Department
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:
Regarding the Fiduciary Duty
Rule
Requires the Department of Labor to review its Fiduciary Duty Rules to
determine whether it may adversely affect the ability of Americans to
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
Executive Order 13771:
Reducing Regulation and
Controlling Regulatory Costs
Establishes a regulatory cap for fiscal year 2017, requiring executive
departments or agencies to identify at least two existing regulations to be
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
Executive Order 13770: Ethics
Commitments by Executive
Branch Appointees
Requires Executive Branch appointees sign an ethics pledge, which they
will be contractually committed to. The pledge is similar to the previous
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:
Organization of the National
Security Council and the
Homeland Security Council
Directive organizing and guiding the National Security Council (NSC) and
the Homeland Security Council. Significant changes from the previous
administration come in the form of inviting the President’s chief strategist
(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
to Defeat Islamic State of Iraq
and Syria
Requires the Secretary of Defense to submit a preliminary draft of the
plan to defeat ISIS to the President, within 30 days. The plan should
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
Executive Order 13769:
Protecting the Nation from
Foreign Terrorist Entry into the
United States
Order to lower the number of refugees to be admitted into the U.S. in
2017 to 50,000, suspend the U.S. Refugee Admissions Program for 120
days, suspend admission of Syrian refugees indefinitely, restrict the
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:
Regarding Rebuilding the U.S.
Armed Forces
Requires the Secretary of Defense to conduct a 30-day readiness review
which assesses readiness conditions, including training, equipment
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
Executive Order 13768:
Enhancing Public Safety in the
Interior of the United States
The order prioritizes the removal of aliens who have been charged with a
crime or could be charged with a crime, priorities for deportation. This
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 San Francisco 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
Executive Order 13767: Border
Security and Immigration
Enforcement Improvements
Calls for the construction of a physical wall across the Mexico—United
States border and directs the executive branch, through lawful means, to
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
Executive Order 13766:
Expediting Environmental
Reviews and Approvals for
High Priority Infrastructure
Projects
Directs the executive branch to streamline and expedite environmental
reviews and approvals for all infrastructure projects, especially those that
are a high priority for the Nation i.e. improving the U.S. electrical grid and
repairing critical port facilities, airports, bridges, and highways. The White
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
Presidential Memorandum:
Streamlining Permitting and
Reducing Regulatory Burdens
for Domestic Manufacturing
Directs executive departments and agencies to support the expansion of
manufacturing in the United States through expedited reviews of and
approvals for proposals to construct or expand manufacturing facilities
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:
Regarding the Construction of
the Dakota Access Pipeline
(DAPL)
Directs the Secretary of the Army to instruct the Assistant Secretary of
the Army for Civil Works and the U.S. Army Corps of Engineers to take all
actions necessary to review and approve requests for approvals to
construct and operate the DAPL.
1/24/17
Presidential Memorandum:
Regarding the Construction of
Keystone XL Pipeline
Invites the TransCanada Keystone Pipeline to promptly re-submit its
application to the Department of State for a Presidential permit for the
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:
Regarding the Construction of
American Pipelines
Directs the Secretary of Commerce, in consultation with relevant
executive departments and agencies, to develop a plan under which all
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:
Regarding the Mexico City
Policy
This memorandum revokes the Presidential Memorandum of January 23,
2009, and reinstates the Presidential Memorandum of January 22, 2001,
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:
Regarding Withdrawing the
United States from the TransPacific Partnership
Negotiations and Agreement
Directs USTR to withdraw the United States as a signatory to the TransPacific partnership, to permanently withdraw the United States from TPP
negotiations, and to begin pursuing bilateral trade negotiations to
promote American industry, protect Americans workers and raise
America wages.
1/23/17
Presidential Memorandum:
Regarding the Hiring Freeze
Orders a freeze on the hiring of Federal civilian employees to be applied
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
Executive Order 13765:
Minimizing the Economic
Burden of the Patient
Protection and Affordable
Care Act Pending Repeal
Seeks for the prompt repeal of the Patient Protection and Affordable Care
Act. While the repeal of the bill is pending, the executive branch should
ensure that the law is being efficiently implemented, take actions to
minimize the unwarranted economic and regulatory burdens of the Act,
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:
For the Heads of Executive
Departments and Agencies,
Regarding the Regulatory
Freeze Pending Review
Requires that the Director/Acting Director of OMB not send any
regulation to the Office of the Federal Register until a department or
agency head appointed by the President after noon January 20, 2017,
reviews and approves the regulation. With respect to regulations that
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.