WASHINGTON, DC–June 22, 2017–The White House signed into the ” Follow the Rules Act.” The legislative text is below.

H.R. 657 – Follow the Rules Act

To amend title 5, United States Code, to extend certain protections against prohibited personnel practices, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Follow the Rules Act”.

SEC. 2. PROHIBITED PERSONNEL ACTION BASED ON ORDERING INDIVIDUAL TO VIOLATE RULE OR REGULATION.

(a) In General.—Subparagraph (D) of section 2302(b)(9) of title 5, United States Code, is amended by inserting “, rule, or regulation” after “law”.

(b) Technical Correction.—Such subparagraph is further amended by striking “for”.

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Here is the press release explaining what the law does. It was generated by Representative Sean Duffy.

Duffy & Connolly Bill Offers Additional Protections for Whistleblowers

Sep 28, 2016 News

H.R. 6186, Follow the Rules Act

Washington D.C. – Representatives Sean Duffy (WI-07) and Gerry Connolly (VA-11) introduced a bill to extend whistleblower protections for Federal employees who refuse to violate rules and regulations. This bill comes on the heels of a landmark Federal court decision that found that the Whistleblower Protection Act safeguards Federal workers against employment retaliation for refusing orders to violate Federal law, but those same safeguards do not apply to employees who refuse to violate rules and regulations, despite the fact that rules and regulations are supposed to be derived of law. The Follow the Rules Act will address this glaring inconsistency.

Upon introduction of the bill, Rep. Duffy offered: “Whistleblowers play a key role in rooting out the bad actors who stand in the way of good government. However, a gap in whistleblower protections is threatening their ability to stand-up for what is right.”

Rep. Duffy continued: “The Whistleblower Protection Act provides Federal workers with certain legal safeguards to disclose if they are being asked to break a law, but the same protections do not apply to those who are ordered to violate rules and regulations. The Follow the Rules Act fixes the law to fill this wide gap. I thank Representative Connolly for joining me in this effort, and am glad to see that it has already drawn strong bipartisan support from several of our colleagues.”

Rep. Connolly added: “I’m proud to join with Rep. Sean Duffy to support federal whistleblowers and improve management practices across the federal government. The Follow the Rules Act will close a loophole that undermines whistleblower protections for federal employees. Federal employees who defy a supervisor’s direction to violate rules and regulations should not be subject to retaliation. This bill continues the bipartisan effort to fight whistleblower retaliation in the federal government and strengthen federal employee protections.”

An example of the kind of rules and regulations Federal employees should follow: Consider sanctions against North Korea, which Congress directed the President to promulgate in the form of Federal rules and regulations. Under current law, Federal employees who are told by their supervisor(s) to violate North Korean sanctions have no whistleblower protections. The Follow the Rules Act would fix this and should be considered by Congress.

Reference Links:

White House Executive Action Notice

Rep Sean Duffy Press Release

EXECUTIVE ORDER

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ESTABLISHMENT OF PRESIDENTIAL ADVISORY COMMISSION ON ELECTION INTEGRITY

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote fair and honest Federal elections, it is hereby ordered as follows:

Section 1. Establishment. The Presidential Advisory Commission on Election Integrity (Commission) is hereby established.

Sec. 2. Membership. The Vice President shall chair the Commission, which shall be composed of not more than 15 additional members. The President shall appoint the additional members, who shall include individuals with knowledge and experience in elections, election management, election fraud detection, and voter integrity efforts, and any other individuals with knowledge or experience that the President determines to be of value to the Commission. The Vice President may select a Vice Chair of the Commission from among the members appointed by the President.

Sec. 3. Mission. The Commission shall, consistent with applicable law, study the registration and voting processes used in Federal elections. The Commission shall be solely advisory and shall submit a report to the President that identifies the following:

(a) those laws, rules, policies, activities, strategies, and practices that enhance the American people’s confidence in the integrity of the voting processes used in Federal elections;

(b) those laws, rules, policies, activities, strategies, and practices that undermine the American people’s confidence in the integrity of the voting processes used in Federal elections; and

(c) those vulnerabilities in voting systems and practices used for Federal elections that could lead to improper voter registrations and improper voting, including fraudulent voter registrations and fraudulent voting.

Sec. 4. Definitions. For purposes of this order:

(a) The term “improper voter registration” means any situation where an individual who does not possess the legal right to vote in a jurisdiction is included as an eligible voter on that jurisdiction’s voter list, regardless of the state of mind or intent of such individual

(b) The term “improper voting” means the act of an individual casting a non-provisional ballot in a jurisdiction in which that individual is ineligible to vote, or the act of an individual casting a ballot in multiple jurisdictions, regardless of the state of mind or intent of that individual.

(c) The term “fraudulent voter registration” means any situation where an individual knowingly and intentionally takes steps to add ineligible individuals to voter lists.

(d) The term “fraudulent voting” means the act of casting a non-provisional ballot or multiple ballots with knowledge that casting the ballot or ballots is illegal.

Sec. 5. Administration. The Commission shall hold public meetings and engage with Federal, State, and local officials, and election law experts, as necessary, to carry out its mission. The Commission shall be informed by, and shall strive to avoid duplicating, the efforts of existing government entities. The Commission shall have staff to provide support for its functions.

Sec. 6. Termination. The Commission shall terminate 30 days after it submits its report to the President.

Sec. 7. General Provisions. (a) To the extent permitted by law, and subject to the availability of appropriations, the General Services Administration shall provide the Commission with such administrative services, funds, facilities, staff, equipment, and other support services as may be necessary to carry out its mission on a reimbursable basis.

(b) Relevant executive departments and agencies shall endeavor to cooperate with the Commission.

(c) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (the “Act”), may apply to the Commission, any functions of the President under that Act, except for those in section 6 of the Act, shall be performed by the Administrator of General Services.

(d) Members of the Commission shall serve without any additional compensation for their work on the Commission, but shall be allowed travel expenses, including per diem in lieu of subsistence, to the extent permitted by law for persons serving intermittently in the Government service (5 U.S.C. 5701-5707).

(e) 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.

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

(g) 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,
May 11, 2017.

EXECUTIVE ORDER

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STRENGTHENING THE CYBERSECURITY OF FEDERAL NETWORKS AND CRITICAL INFRASTRUCTURE

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

Section 1. Cybersecurity of Federal Networks.

(a) Policy. The executive branch operates its information technology (IT) on behalf of the American people. Its IT and data should be secured responsibly using all United States Government capabilities. The President will hold heads of executive departments and agencies (agency heads) accountable for managing cybersecurity risk to their enterprises. In addition, because risk management decisions made by agency heads can affect the risk to the executive branch as a whole, and to national security, it is also the policy of the United States to manage cybersecurity risk as an executive branch enterprise.

(b) Findings.

(i) Cybersecurity risk management comprises the full range of activities undertaken to protect IT and data from unauthorized access and other cyber threats, to maintain awareness of cyber threats, to detect anomalies and incidents adversely affecting IT and data, and to mitigate the impact of, respond to, and recover from incidents. Information sharing facilitates and supports all of these activities.

(ii) The executive branch has for too long accepted antiquated and difficult–to-defend IT.

(iii) Effective risk management involves more than just protecting IT and data currently in place. It also requires planning so that maintenance, improvements, and modernization occur in a coordinated way and with appropriate regularity.

(iv) Known but unmitigated vulnerabilities are among the highest cybersecurity risks faced by executive departments and agencies (agencies). Known vulnerabilities include using operating systems or hardware beyond the vendor’s support lifecycle, declining to implement a vendor’s security patch, or failing to execute security-specific configuration guidance.

(v) Effective risk management requires agency heads to lead integrated teams of senior executives with expertise in IT, security, budgeting, acquisition, law, privacy, and human resources.

(c) Risk Management.

(i) Agency heads will be held accountable by the President for implementing risk management measures commensurate with the risk and magnitude of the harm that would result from unauthorized access, use, disclosure, disruption, modification, or destruction of IT and data. They will also be held accountable by the President for ensuring that cybersecurity risk management processes are aligned with strategic, operational, and budgetary planning processes, in accordance with chapter 35, subchapter II of title 44, United States Code.

(ii) Effective immediately, each agency head shall use The Framework for Improving Critical Infrastructure Cybersecurity (the Framework) developed by the National Institute of Standards and Technology, or any successor document, to manage the agency’s cybersecurity risk. Each agency head shall provide a risk management report to the Secretary of Homeland Security and the Director of the Office of Management and Budget (OMB) within 90 days of the date of this order. The risk management report shall:

(A) document the risk mitigation and acceptance choices made by each agency head as of the date of this order, including:

(1) the strategic, operational, and budgetary considerations that informed those choices; and

(2) any accepted risk, including from unmitigated vulnerabilities; and

(B) describe the agency’s action plan to implement the Framework.

(iii) The Secretary of Homeland Security and the Director of OMB, consistent with chapter 35, subchapter II of title 44, United States Code, shall jointly assess each agency’s risk management report to determine whether the risk mitigation and acceptance choices set forth in the reports are appropriate and sufficient to manage the cybersecurity risk to the executive branch enterprise in the aggregate (the determination).

(iv) The Director of OMB, in coordination with the Secretary of Homeland Security, with appropriate support from the Secretary of Commerce and the Administrator of General Services, and within 60 days of receipt of the agency risk management reports outlined in subsection (c)(ii) of this section, shall submit to the President, through the Assistant to the President for Homeland Security and Counterterrorism, the following:

(A) the determination; and

(B) a plan to:

(1) adequately protect the executive branch enterprise, should the determination identify insufficiencies;

(2) address immediate unmet budgetary needs necessary to manage risk to the executive branch enterprise;

(3) establish a regular process for reassessing and, if appropriate, reissuing the determination, and addressing future, recurring unmet budgetary needs necessary to manage risk to the executive branch enterprise;

(4) clarify, reconcile, and reissue, as necessary and to the extent permitted by law, all policies, standards, and guidelines issued by any agency in furtherance of chapter 35, subchapter II of title 44, United States Code, and, as necessary and to the extent permitted by law, issue policies, standards, and guidelines in furtherance of this order; and

(5) align these policies, standards, and guidelines with the Framework.

(v) The agency risk management reports described in subsection (c)(ii) of this section and the determination and plan described in subsections (c)(iii) and (iv) of this section may be classified in full or in part, as appropriate.

(vi) Effective immediately, it is the policy of the executive branch to build and maintain a modern, secure, and more resilient executive branch IT architecture.

(A) Agency heads shall show preference in their procurement for shared IT services, to the extent permitted by law, including email, cloud, and cybersecurity services.

(B) The Director of the American Technology Council shall coordinate a report to the President from the Secretary of Homeland Security, the Director of OMB, and the Administrator of General Services, in consultation with the Secretary of Commerce, as appropriate, regarding modernization of Federal IT. The report shall:

(1) be completed within 90 days of the date of this order; and

(2) describe the legal, policy, and budgetary considerations relevant to — as well as the technical feasibility and cost effectiveness, including timelines and milestones, of — transitioning all agencies, or a subset of agencies, to:

(aa) one or more consolidated network architectures; and

(bb) shared IT services, including email, cloud, and cybersecurity services.

(C) The report described in subsection (c)(vi)(B) of this section shall assess the effects of transitioning all agencies, or a subset of agencies, to shared IT services with respect to cybersecurity, including by making recommendations to ensure consistency with section 227 of the Homeland Security Act (6 U.S.C. 148) and compliance with policies and practices issued in accordance with section 3553 of title 44, United States Code. All agency heads shall supply such information concerning their current IT architectures and plans as is necessary to complete this report on time.

(vii) For any National Security System, as defined in section 3552(b)(6) of title 44, United States Code, the Secretary of Defense and the Director of National Intelligence, rather than the Secretary of Homeland Security and the Director of OMB, shall implement this order to the maximum extent feasible and appropriate. The Secretary of Defense and the Director of National Intelligence shall provide a report to the Assistant to the President for National Security Affairs and the Assistant to the President for Homeland Security and Counterterrorism describing their implementation of subsection (c) of this section within 150 days of the date of this order. The report described in this subsection shall include a justification for any deviation from the requirements of subsection (c), and may be classified in full or in part, as appropriate.

Sec. 2. Cybersecurity of Critical Infrastructure.

(a) Policy. It is the policy of the executive branch to use its authorities and capabilities to support the cybersecurity risk management efforts of the owners and operators of the Nation’s critical infrastructure (as defined in section 5195c(e) of title 42, United States Code) (critical infrastructure entities), as appropriate.

(b) Support to Critical Infrastructure at Greatest Risk. The Secretary of Homeland Security, in coordination with the Secretary of Defense, the Attorney General, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, the heads of appropriate sector-specific agencies, as defined in Presidential Policy Directive 21 of February 12, 2013 (Critical Infrastructure Security and Resilience) (sector-specific agencies), and all other appropriate agency heads, as identified by the Secretary of Homeland Security, shall:

(i) identify authorities and capabilities that agencies could employ to support the cybersecurity efforts of critical infrastructure entities identified pursuant to section 9 of Executive Order 13636 of February 12, 2013 (Improving Critical Infrastructure Cybersecurity), to be at greatest risk of attacks that could reasonably result in catastrophic regional or national effects on public health or safety, economic security, or national security (section 9 entities);

(ii) engage section 9 entities and solicit input as appropriate to evaluate whether and how the authorities and capabilities identified pursuant to subsection (b)(i) of this section might be employed to support cybersecurity risk management efforts and any obstacles to doing so;

(iii) provide a report to the President, which may be classified in full or in part, as appropriate, through the Assistant to the President for Homeland Security and Counterterrorism, within 180 days of the date of this order, that includes the following:

(A) the authorities and capabilities identified pursuant to subsection (b)(i) of this section;

(B) the results of the engagement and determination required pursuant to subsection (b)(ii) of this section; and

(C) findings and recommendations for better supporting the cybersecurity risk management efforts of section 9 entities; and

(iv) provide an updated report to the President on an annual basis thereafter.

(c) Supporting Transparency in the Marketplace. The Secretary of Homeland Security, in coordination with the Secretary of Commerce, shall provide a report to the President, through the Assistant to the President for Homeland Security and Counterterrorism, that examines the sufficiency of existing Federal policies and practices to promote appropriate market transparency of cybersecurity risk management practices by critical infrastructure entities, with a focus on publicly traded critical infrastructure entities, within 90 days of the date of this order.

(d) Resilience Against Botnets and Other Automated, Distributed Threats. The Secretary of Commerce and the Secretary of Homeland Security shall jointly lead an open and transparent process to identify and promote action by appropriate stakeholders to improve the resilience of the internet and communications ecosystem and to encourage collaboration with the goal of dramatically reducing threats perpetrated by automated and distributed attacks (e.g., botnets). The Secretary of Commerce and the Secretary of Homeland Security shall consult with the Secretary of Defense, the Attorney General, the Director of the Federal Bureau of Investigation, the heads of sector-specific agencies, the Chairs of the Federal Communications Commission and Federal Trade Commission, other interested agency heads, and appropriate stakeholders in carrying out this subsection. Within 240 days of the date of this order, the Secretary of Commerce and the Secretary of Homeland Security shall make publicly available a preliminary report on this effort. Within 1 year of the date of this order, the Secretaries shall submit a final version of this report to the President.

(e) Assessment of Electricity Disruption Incident Response Capabilities. The Secretary of Energy and the Secretary of Homeland Security, in consultation with the Director of National Intelligence, with State, local, tribal, and territorial governments, and with others as appropriate, shall jointly assess:

(i) the potential scope and duration of a prolonged power outage associated with a significant cyber incident, as defined in Presidential Policy Directive 41 of July 26, 2016 (United States Cyber Incident Coordination), against the United States electric subsector;

(ii) the readiness of the United States to manage the consequences of such an incident; and

(iii) any gaps or shortcomings in assets or capabilities required to mitigate the consequences of such an incident.

The assessment shall be provided to the President, through the Assistant to the President for Homeland Security and Counterterrorism, within 90 days of the date of this order, and may be classified in full or in part, as appropriate.

(f) Department of Defense Warfighting Capabilities and Industrial Base. Within 90 days of the date of this order, the Secretary of Defense, the Secretary of Homeland Security, and the Director of the Federal Bureau of Investigation, in coordination with the Director of National Intelligence, shall provide a report to the President, through the Assistant to the President for National Security Affairs and the Assistant to the President for Homeland Security and Counterterrorism, on cybersecurity risks facing the defense industrial base, including its supply chain, and United States military platforms, systems, networks, and capabilities, and recommendations for mitigating these risks. The report may be classified in full or in part, as appropriate.

Sec. 3. Cybersecurity for the Nation.

(a) Policy. To ensure that the internet remains valuable for future generations, it is the policy of the executive branch to promote an open, interoperable, reliable, and secure internet that fosters efficiency, innovation, communication, and economic prosperity, while respecting privacy and guarding against disruption, fraud, and theft. Further, the United States seeks to support the growth and sustainment of a workforce that is skilled in cybersecurity and related fields as the foundation for achieving our objectives in cyberspace.

(b) Deterrence and Protection. Within 90 days of the date of this order, the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Attorney General, the Secretary of Commerce, the Secretary of Homeland Security, and the United States Trade Representative, in coordination with the Director of National Intelligence, shall jointly submit a report to the President, through the Assistant to the President for National Security Affairs and the Assistant to the President for Homeland Security and Counterterrorism, on the Nation’s strategic options for deterring adversaries and better protecting the American people from cyber threats.

(c) International Cooperation. As a highly connected nation, the United States is especially dependent on a globally secure and resilient internet and must work with allies and other partners toward maintaining the policy set forth in this section. Within 45 days of the date of this order, the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Secretary of Commerce, and the Secretary of Homeland Security, in coordination with the Attorney General and the Director of the Federal Bureau of Investigation, shall submit reports to the President on their international cybersecurity priorities, including those concerning investigation, attribution, cyber threat information sharing, response, capacity building, and cooperation. Within 90 days of the submission of the reports, and in coordination with the agency heads listed in this subsection, and any other agency heads as appropriate, the Secretary of State shall provide a report to the President, through the Assistant to the President for Homeland Security and Counterterrorism, documenting an engagement strategy for international cooperation in cybersecurity.

(d) Workforce Development. In order to ensure that the United States maintains a long-term cybersecurity advantage:

(i) The Secretary of Commerce and the Secretary of Homeland Security, in consultation with the Secretary of Defense, the Secretary of Labor, the Secretary of Education, the Director of the Office of Personnel Management, and other agencies identified jointly by the Secretary of Commerce and the Secretary of Homeland Security, shall:

(A) jointly assess the scope and sufficiency of efforts to educate and train the American cybersecurity workforce of the future, including cybersecurity-related education curricula, training, and apprenticeship programs, from primary through higher education; and

(B) within 120 days of the date of this order, provide a report to the President, through the Assistant to the President for Homeland Security and Counterterrorism, with findings and recommendations regarding how to support the growth and sustainment of the Nation’s cybersecurity workforce in both the public and private sectors.

(ii) The Director of National Intelligence, in consultation with the heads of other agencies identified by the Director of National Intelligence, shall:

(A) review the workforce development efforts of potential foreign cyber peers in order to help identify foreign workforce development practices likely to affect long-term United States cybersecurity competitiveness; and

(B) within 60 days of the date of this order, provide a report to the President through the Assistant to the President for Homeland Security and Counterterrorism on the findings of the review carried out pursuant to subsection (d)(ii)(A) of this section.

(iii) The Secretary of Defense, in coordination with the Secretary of Commerce, the Secretary of Homeland Security, and the Director of National Intelligence, shall:

(A) assess the scope and sufficiency of United States efforts to ensure that the United States maintains or increases its advantage in national-security-related cyber capabilities; and

(B) within 150 days of the date of this order, provide a report to the President, through the Assistant to the President for Homeland Security and Counterterrorism, with findings and recommendations on the assessment carried out pursuant to subsection (d)(iii)(A) of this section.

(iv) The reports described in this subsection may be classified in full or in part, as appropriate.

Sec. 4. Definitions. For the purposes of this order:

(a) The term “appropriate stakeholders” means any non-executive-branch person or entity that elects to participate in an open and transparent process established by the Secretary of Commerce and the Secretary of Homeland Security under section 2(d) of this order.

(b) The term “information technology” (IT) has the meaning given to that term in section 11101(6) of title 40, United States Code, and further includes hardware and software systems of agencies that monitor and control physical equipment and processes.

(c) The term “IT architecture” refers to the integration and implementation of IT within an agency.

(d) The term “network architecture” refers to the elements of IT architecture that enable or facilitate communications between two or more IT assets.

Sec. 5. 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 OMB 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) All actions taken pursuant to this order shall be consistent with requirements and authorities to protect intelligence and law enforcement sources and methods. Nothing in this order shall be construed to supersede measures established under authority of law to protect the security and integrity of specific activities and associations that are in direct support of intelligence or law enforcement operations.

(d) 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,
May 11, 2017.

Presidential Executive Order on Identifying and Reducing Tax Regulatory Burdens

EXECUTIVE ORDER

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IDENTIFYING AND REDUCING TAX REGULATORY BURDENS

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. Policy. The Federal tax system should be simple, fair, efficient, and pro-growth. The purposes of tax regulations should be to bring clarity to the already complex Internal Revenue Code (title 26, United States Code) and to provide useful guidance to taxpayers. Contrary to these purposes, numerous tax regulations issued over the last several years have effectively increased tax burdens, impeded economic growth, and saddled American businesses with onerous fines, complicated forms, and frustration. Immediate action is necessary to reduce the burden existing tax regulations impose on American taxpayers and thereby to provide tax relief and useful, simplified tax guidance.

Sec. 2. Addressing Tax Regulatory Burdens. (a) In furtherance of the policy described in section 1 of this order, the Secretary of the Treasury (Secretary) shall immediately review all significant tax regulations issued by the Department of the Treasury on or after January 1, 2016, and, in consultation with the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, identify in an interim report to the President all such regulations that:

(i) impose an undue financial burden on United States taxpayers;

(ii) add undue complexity to the Federal tax laws; or

(iii) exceed the statutory authority of the Internal Revenue Service.

This interim report shall be completed no later than 60 days from the date of this order. In conducting the review required by this subsection, earlier determinations of whether a regulation is significant pursuant to Executive Order 12866 of September 30, 1993, as amended (Regulatory Planning and Review), shall not be controlling.

(b) No later than 150 days from the date of this order, the Secretary shall prepare and submit a report to the President that recommends specific actions to mitigate the burden imposed by regulations identified in the interim report required under subsection (a) of this section. The Secretary shall also publish this report in the Federal Register upon submitting it to the President. The Secretary shall take appropriate steps to cause the effective date of such regulations to be delayed or suspended, to the extent permitted by law, and to modify or rescind such regulations as appropriate and consistent with law, including, if necessary, through notice and comment rulemaking. The Secretary shall submit for publication in the Federal Register a summary of the actions taken in response to the report no later than 10 days following the finalization of such actions. Should all such actions not be finalized within 180 days following the submission of the report to the President, the Secretary shall submit for publication in the Federal Register an initial report summarizing the actions taken to that point.

(c) To ensure that future tax regulations adhere to the policy described in section 1 of this order, the Secretary and the Director of the Office of Management and Budget shall review and, if appropriate, reconsider the scope and implementation of the existing exemption for certain tax regulations from the review process set forth in Executive Order 12866 and any successor order.

(d) The Secretary shall cause section 32.1.5.4.7.5.3 of the Internal Revenue Manual to be revised, if necessary to fulfill the directives in subsection (c) of this section.

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 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

THE WHITE HOUSE,
April 21, 2017.

Reference:

“Presidential Executive Order on Identifying and Reducing Tax Regulatory Burdens.” The White House. The United States Government, 21 Apr. 2017. Web. 27 Apr. 2017.

EXECUTIVE ORDER

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BUY AMERICAN AND HIRE AMERICAN

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

Section 1. Definitions. As used in this order:

(a) “Buy American Laws” means all statutes, regulations, rules, and Executive Orders relating to Federal procurement or Federal grants including those that refer to “Buy America” or “Buy American” that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, and manufactured goods.

(b) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(c) “Petition beneficiaries” means aliens petitioned for by employers to become nonimmigrant visa holders with temporary work authorization under the H-1B visa program.

(d) “Waivers” means exemptions from or waivers of Buy American Laws, or the procedures and conditions used by an executive department or agency (agency) in granting exemptions from or waivers of Buy American Laws.

(e) “Workers in the United States” and “United States workers” shall both be defined as provided at section 212(n)(4)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(4)(E)).

Sec. 2. Policy. It shall be the policy of the executive branch to buy American and hire American.

(a) Buy American Laws. In order to promote economic and national security and to help stimulate economic growth, create good jobs at decent wages, strengthen our middle class, and support the American manufacturing and defense industrial bases, it shall be the policy of the executive branch to maximize, consistent with law, through terms and conditions of Federal financial assistance awards and Federal procurements, the use of goods, products, and materials produced in the United States.

(b) Hire American. In order to create higher wages and employment rates for workers in the United States, and to protect their economic interests, it shall be the policy of the executive branch to rigorously enforce and administer the laws governing entry into the United States of workers from abroad, including section 212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)).

Sec. 3. Immediate Enforcement and Assessment of Domestic Preferences According to Buy American Laws. (a) Every agency shall scrupulously monitor, enforce, and comply with Buy American Laws, to the extent they apply, and minimize the use of waivers, consistent with applicable law.

(b) Within 150 days of the date of this order, the heads of all agencies shall:

(i) assess the monitoring of, enforcement of, implementation of, and compliance with Buy American Laws within their agencies;

(ii) assess the use of waivers within their agencies by type and impact on domestic jobs and manufacturing; and

(iii) develop and propose policies for their agencies to ensure that, to the extent permitted by law, Federal financial assistance awards and Federal procurements maximize the use of materials produced in the United States, including manufactured products; components of manufactured products; and materials such as steel, iron, aluminum, and cement.

(c) Within 60 days of the date of this order, the Secretary of Commerce and the Director of the Office of Management and Budget, in consultation with the Secretary of State, the Secretary of Labor, the United States Trade Representative, and the Federal Acquisition Regulatory Council, shall issue guidance to agencies about how to make the assessments and to develop the policies required by subsection (b) of this section.

(d) Within 150 days of the date of this order, the heads of all agencies shall submit findings made pursuant to the assessments required by subsection (b) of this section to the Secretary of Commerce and the Director of the Office of Management and Budget.

(e) Within 150 days of the date of this order, the Secretary of Commerce and the United States Trade Representative shall assess the impacts of all United States free trade agreements and the World Trade Organization Agreement on Government Procurement on the operation of Buy American Laws, including their impacts on the implementation of domestic procurement preferences.

(f) The Secretary of Commerce, in consultation with the Secretary of State, the Director of the Office of Management and Budget, and the United States Trade Representative, shall submit to the President a report on Buy American that includes findings from subsections (b), (d), and (e) of this section. This report shall be submitted within 220 days of the date of this order and shall include specific recommendations to strengthen implementation of Buy American Laws, including domestic procurement preference policies and programs. Subsequent reports on implementation of Buy American Laws shall be submitted by each agency head annually to the Secretary of Commerce and the Director of the Office of Management and Budget, on November 15, 2018, 2019, and 2020, and in subsequent years as directed by the Secretary of Commerce and the Director of the Office of Management and Budget. The Secretary of Commerce shall submit to the President an annual report based on these submissions beginning January 15, 2019.

Sec. 4. Judicious Use of Waivers. (a) To the extent permitted by law, public interest waivers from Buy American Laws should be construed to ensure the maximum utilization of goods, products, and materials produced in the United States.

(b) To the extent permitted by law, determination of public interest waivers shall be made by the head of the agency with the authority over the Federal financial assistance award or Federal procurement under consideration.

(c) To the extent permitted by law, before granting a public interest waiver, the relevant agency shall take appropriate account of whether a significant portion of the cost advantage of a foreign-sourced product is the result of the use of dumped steel, iron, or manufactured goods or the use of injuriously subsidized steel, iron, or manufactured goods, and it shall integrate any findings into its waiver determination as appropriate.

Sec. 5. Ensuring the Integrity of the Immigration System in Order to “Hire American.” (a) In order to advance the policy outlined in section 2(b) of this order, the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security shall, as soon as practicable, and consistent with applicable law, propose new rules and issue new guidance, to supersede or revise previous rules and guidance if appropriate, to protect the interests of United States workers in the administration of our immigration system, including through the prevention of fraud or abuse.

(b) In order to promote the proper functioning of the H-1B visa program, the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security shall, as soon as practicable, suggest reforms to help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries.

Sec. 6. 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;

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals; or

(iii) existing rights or obligations under international agreements.

(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,
April 18, 2017.

Comprehensive Plan for Reorganizing the Executive Branch
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 Start Printed Page 13960Government 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.

  THE WHITE HOUSE, March 13, 2017. Filed 3-15-17; 8:45 am]
[FR Doc. 2017-05399

An executive order is an official document signed by the president and provides instructions to government agencies/departments about how to operate in a certain area.

Executive actions describe all types of unilateral moves by a president. These actions include executive orders, proclamations, memorandums, and proposals.
Executive actions differ legal weight. Directives and memorandums carry the same legal effect as an executive order; however proclamations are more ceremonial.

Below is a list of the executive actions taken by President Trump.

Providing “relief” from the Affordable Care Act (January 20)
Trump’s first executive order on Inauguration Day involved “minimizing the economic burden” of the Affordable Care Act. This order allows the Secretary of Health and Human Services and the heads of other departments and agencies to waive or delay the implementation of any ACA provisions that would impose a financial burden or any state or a regulatory burden on any individuals.

Freezing all regulations (January 20)
Trump froze all pending regulations until they are approved directly by his administration or by an agency led by Trump appointees. The action, given in a memorandum from White House chief of staff Reince Priebus, delays all regulations with the exception of health, safety, financial or national security matters allowed by the Office of Management and Budget director.

Reinstating the “Mexico City” abortion policy (January 23)
The president reinstated the so-called “Mexico City Policy”, which blocks the use of U.S. taxpayer dollars to fund foreign non-governmental organizations that perform or promote abortions. It was established by former president Ronald Reagan and has been rescinded by Democratic presidents and reinstated by Republican presidents ever since.

Scrapping the Trans-Pacific Partnership (January 23)
Trump’s next executive action withdrew the United States from the Trans-Pacific Partnership, which former President Barack Obama negotiated with 11 other pacific nations. The deal was never ratified by the Senate, so it had not gone into effect. Instead, the Trump administration says it plans on negotiating bilateral deals with individual nations.

Freezing the federal workforce (January 23)
Trump issued a presidential memorandum Tuesday that prohibits government agencies from hiring any new employees, effective as of noon on January 22. The order does not apply to military personnel and the head of any executive department may exempt positions that include national security or public safety responsibilities.

Advancing the Dakota Access and Keystone XL Pipelines (January 24)
Trump’s next actions encouraged the construction of two controversial pipelines, the Dakota Access Pipeline and Keystone XL Pipeline. The DAPL action instructs an expedited review and approval of the remaining construction and operation of the pipeline by the Army for Civil Works and U.S. Army Corps of Engineers. The Keystone XL action invites TransCanada, the Canadian energy company behind the pipeline, to re-submit its application for a presidential permit to construct the pipeline. It also instructs the Secretary of State to reach a final determination within 60 days.

Expediting Environmental Reviews on Infrastructure Projects (January 24)
Trump issued an executive order to streamline environmental reviews of high-priority infrastructure projects. The action states that infrastructure projects in the U.S. “have been routinely and excessively delayed by agency processes and procedures.” The action instructs the Chairman of the White House Council on Environmental Quality to create expedited procedures and deadlines for environmental reviews and approvals for high-priority infrastructure projects.

Promoting “Made-in-the-USA” pipelines (January 24)
This memorandum instructs the Secretary of Commerce to create a plan for pipelines created, repaired or expanded in the United States to use materials and equipment produced in the country “to the maximum extent possible.” It establishes that all steel and metal used in such pipelines be completely produced in the United States, from the initial melting stage to the application of coatings.

Reviewing domestic manufacturing regulation (January 24)
Trump issued an action that instructs the Secretary of Commerce to contact stakeholders to review the impact of Federal regulations on domestic manufacturing. After the review, the Secretary of Commerce is instructed to create a streamlined Federal permitting process for domestic manufacturers.

Increasing border security measures (January 25)
Trump signed an executive order that directed the secretary of homeland security to:

Begin planning, designing and constructing a wall along the U.S.-Mexico border, including identify available federal funds and working with Congress for additional funding
Construct and operate detention facilities near the border to make adjudicate asylum claims, subject to the availability of existing funding,
Hire 5,000 additional Border Patrol agents, subject to the availability of existing funding,
End “catch and release” policy
Quantify all “sources of direct and indirect Federal aid or assistance to the Government of Mexico on an annual basis over the past five years”
Take action to empower state and local law enforcement to act as immigration officers

Pursuit of undocumented immigrants (January 25)
Trump signed an executive order that directed the secretary of homeland security to:

Prioritize certain undocumented immigrants for removal, including those with criminal convictions and those who have only been charged with a crime
Hire 10,000 additional immigration officers at U.S. Immigration and Customs Enforcement, subject to the availability of existing funding,
Prohibit federal funding, with the help of the attorney general, to “sanctuary” jurisdictions, where local officials have declined to help enforce federal immigration laws
Reinstate the Secure Communities program, which was terminated in 2014 and enables state and local law enforcement to effectively act as immigration agents
Sanction countries, with the help of the secretary of state, that refuse to accept the return of undocumented immigrants deported from the U.S.
Create a list, updated weekly, of crimes committed by undocumented immigrants in sanctuary jurisdictions
Create an “Office for Victims of Crimes Committed by Removable Aliens” to “provide proactive, timely, adequate and professional services to victims of crimes committed by removable aliens and family members of such victims”

Reevaluating visa and refugee programs (January 27)
Trump signed an executive order Friday evening making significant changes to the visa and refugee programs in the United States. It includes:

Cuts the number of refugees allowed into the United States in fiscal 2017 from 110,000 to 50,000
Suspends for 120 days the U.S. Refugee Admissions Program, which identifies and processes refugees for resettlement in the United States
Suspends the entry of all “immigrants and nonimmigrants” from Iraq, Iran, Sudan, Libya, Yemen, Somalia and Syria for 90 days.
Directs the secretary of homeland security, the director of national intelligence and secretary of state to put together a list of countries that do not provide adequate information to vet potential entry of foreign nationals into the United States. Foreign nationals from those countries will be banned from entering the United States.
Directs the secretary of state, the secretary of homeland security, the director of national intelligence, and the director of the FBI to implement uniform screening standards for all immigration programs
Directs the secretary of homeland security, upon the resumption of the U.S. Refugee Admissions Program, 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.”
Directs the secretary of homeland security to implement a biometric entry-exit tracking system
Grants state and local jurisdictions, whenever possible a “role in the process of determining the placement or settlement” of refugees
Suspend the Visa Interview Waiver Program, which allows certain people renewing their visas to skip an in-person interview
Directs the secretary of state to expand the Consular Fellows Program

Strengthening the military (January 27)
The president on Friday issued a presidential memorandum directing the secretary of defense, James Mattis, to conduct a review on the military’s readiness in the next 30 days and develop a budget for fiscal 2018 capable of improving the “readiness conditions.” He also directed Mattis to complete a National Defense Strategy and to review the country’s nuclear capabilities and missile-defense capabilities

Reorganizing the National Security Council (January 28)
Trump signed a memorandum Saturday that reorganized the National Security Council, with the goal of making it more digitally-focused, as POLITICO previously reported. Part of the order allows some of the president’s staff, including chief of staff Reince Priebus and White House chief strategist Steve Bannon, to attend any NSC meeting, and widens the ability of appointees close to Trump to attend NSC meetings.

Implementing a lobbying ban (January 28)
This executive order bars “every executive appointee in every executive agency” from engaging in “lobbying activities with respect to that agency” for five years after leaving the agency. It also bars them permanently from lobbying for any foreign government or political party.

Defeating ISIS (January 28)
This memorandum instructs Defense Secretary Jim Mattis to create a plan to defeat ISIS and submit it to the president within 30 days. The plan must include a comprehensive strategy for defeating ISIS, changes to the rules of engagement, strategies to de-legitimize “radical Islamist ideology,” a plan for cutting off ISIS’ financial support and identification of new partners for the fight against the terrorist organization.

Reducing regulations (January 30)
This executive order requires any executive department or agency that proposes a new regulation to identify two regulations to be repealed. For fiscal 2017, it instructs that the total incremental cost of all new regulations and repealed regulations be no greater than zero. For fiscal 2018, the director of the Office of Management and Budget is required to issue for each agency a maximum total cost of all new regulations and repealed regulations for the fiscal year. No agency is allowed to issue a regulation whose costs exceed that maximum, “unless required by law or approved in writing by the Director.”

Regulating the financial system (February 3)
This executive order lays out a series of principles for regulating the financial system including promoting U.S. corporations’ ability to compete with international companies; to foster economic growth, prevent taxpayer-funded bailouts; and to make regulation efficient. It also instructs the secretary of the treasury to consult with the heads of the member agencies of the Financial Stability Oversight Council and report to the president within 120 days on how current laws and regulations promote those principles.

Rethinking Obama’s fiduciary standard (February 3)
This memorandum instructs the department of labor to review the Obama administration’s “Fiduciary Rule,” which required financial advisers to serve the best interests of their clients.

Preventing violence against the police (February 9)
This order instructs Attorney General Jeff Sessions to develop strategies for the Department of Justice to use existing federal laws or recommend new legislation to prosecute individuals who commit crimes against law enforcement officials.

Creating a task force to reduce crime (February 9)
This executive order instructs Sessions to establish a task force to discuss crime reduction ideas, identify “deficiencies” in current laws and evaluate the availability of crime-related data.

Combatting transnational criminal organizations (February 9)
This order aims to increase communication and coordination among different agencies relating to international criminal organization and create a strategy to disrupt these organizations. It also directs the Threat Mitigation Working Group to submit a report to the president within 120 days on transnational criminal organizations.

Enforcing regulatory reform (February 24)
This order instructs each federal agency to designate an official as its Regulatory Reform Officer within 60 days of the order. The EO also directs all agencies to establish a Regulatory Reform Task Force composed of the following: Agency RRO, the agency Regulatory Policy Officer, a representative from the agency’s central policy office.

References:
Quigley, Aidan. “All of Trump’s Executive Actions so Far.” The Agenda. Politico, 27 Feb. 2017.
Web. 27 Feb. 2017.

To see more about Executive Actions taken by the POTUS see https://www.whitehouse.gov/briefing-room/presidential-actions