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On Jan. 20, President Donald Trump was sworn in as the 47th president and quickly issued a sweeping set of executive orders aimed at reversing Biden administration policies related to national security, immigration and climate. The orders require enactment through the regulatory process and will not take immediate effect; some have already been subjected to lawsuits that may delay implementation.
Below is a breakdown of relevant Day 1 executive orders. A full list of executive orders and other actions can be found on the White House website.
Trade/Tariffs
President Trump issued an executive order titled America First Trade Policy, which is widely regarded as a "placeholder" while his administration explores longer-term trade strategies and works to build congressional support for proposed actions. ABC’s analysis of the order can be found here.
Regulatory Review/Reform
President Trump issued a memorandum on regulatory review directing all executive departments and agencies to pause and review regulatory actions as follows:
Rule Proposals and Issuance: No new rules may be proposed or issued until reviewed and approved by a department or agency head appointed by the president after Jan. 20. The Office of Management and Budget director may exempt emergency rules or those with statutory or judicial deadlines.
Withdrawal of Pending Rules: Any rules sent to the Office of the Federal Register but not yet published must be withdrawn for review, subject to exceptions.
Delay of Effective Dates: Agencies should consider delaying the effective dates of rules not yet in effect for 60 days to review questions of fact, law or policy. Agencies may open comment periods during this time and reevaluate petitions. If necessary, delays may be extended further.
Postponement Review: Rules posing no substantial questions after the postponement require no further action. Rules raising significant questions must involve consultation with the OMB director.
This order may be connected to the apparent withdrawal of the Occupational Safety and Health Administration’s proposed Infectious Diseases rule. ABC general counsel Littler Mendelson provided an update on this rulemaking.
Executive Order Recission
President Trump signed an executive order to rescind a number of former President Biden’s executive orders on a variety of issues including diversity, equity and inclusion, immigration and climate.
This includes the recission of two executive orders that called on the Federal Acquisition Regulatory Council to implement ABC-opposed rules that affect federal contractors, which are now likely to be repealed through the rulemaking process:
Nondisplacement of Qualified Workers Under Service Contracts Final Rule
Pay Equity and Transparency in Federal Contracting
Immigration
President Trump declared a national emergency at the southern border and plans to deploy armed forces, including the National Guard, to “engage in border security.” He also pledged to deport criminal aliens and is expected to embolden Immigration and Customs Enforcement and Customs and Border Protection officers to carry out deportations. The president also moved to designate the gangs MS-13 and Tren de Aragua as foreign terrorist organizations, as well as Mexican cartels responsible for smuggling drugs across the border.
Inflation Reduction Act
In the executive order titled Unleashing American Energy, President Trump included a section titled “Revocation of and Revisions to Certain Presidential and Regulatory Actions” which revokes several executive orders and abolishes any offices established therein. This section revokes Executive Order 14082 of Sept. 12, 2022, Implementation of the Energy and Infrastructure Provisions of the Inflation Reduction Act of 2022. Of note, former President Biden’s EO 14082 includes many problematic IRA implementation priorities, including: “increasing high-quality job opportunities for American workers and improving equitable access to these jobs, including in traditional energy communities, through the timely implementation of the Act's requirements for prevailing wages and registered apprenticeships and by focusing on high labor standards and the free and fair chance to join a union.”
Permitting Reform
In the executive order titled Unleashing American Energy, President Trump included a section on “Unleashing Energy Dominance Through Efficient Permitting,” which states:
“To expedite and simplify the permitting process, within 30 days of the date of this order, the Chairman of the Council on Environmental Quality (CEQ) shall provide guidance on implementing the National Environmental Policy Act (NEPA), and propose rescinding CEQ’s NEPA regulations found at 40 CFR 1500 et seq. Following the provision of the guidance, the Chairman of CEQ shall convene a working group to coordinate the revision of agency-level implementing regulations for consistency. The guidance and any resulting implementing regulations must expedite permitting approvals and meet deadlines established in the ABC-Supported Fiscal Responsibility Act of 2023.
It also contains a section on “Prioritizing Accuracy in Environmental Analyses:”
“In all Federal permitting adjudications or regulatory processes, all agencies shall adhere to only the relevant legislated requirements for environmental considerations and any considerations beyond these requirements are eliminated. In fulfilling all such requirements, agencies shall strictly use the most robust methodologies of assessment at their disposal and shall not use methodologies that are arbitrary or ideologically motivated.”
Electric Vehicle Mandates/EV Charging Stations
In the executive order titled Unleashing American Energy, President Trump included a section on “Terminating the Green New Deal,” which states that all agencies shall immediately pause the disbursement of funds appropriated through the Inflation Reduction Act or the Infrastructure Investment and Jobs Act including but not limited to funds for electric vehicle charging stations made available through the National Electric Vehicle Infrastructure Formula Program and the Charging and Fueling Infrastructure Discretionary Grant Program, and shall review their processes, policies, and programs for issuing grants, loans, contracts or any other financial disbursements of such appropriated funds for consistency with the law and the policy outlined in section two of this order.
This order also includes a section on “Eliminating the Electric Vehicle Mandate,” which terminates subsidies for the vehicles and terminating state emissions waivers “that function to limit sales of gasoline-powered automobiles.”
Federal Workforce
President Trump ordered all department and agency chiefs in executive departments to eliminate work-from-home options and return employees to in-person work “as soon as practicable.” His administration has also issued a hiring freeze for federal employees to make good on his promise deliver more efficiency in the federal government.
ABC will continue to provide updates in Newsline as the Trump administration proceeds with its agenda.
Ending DEI Programs and Initiatives
President Trump signed an executive order, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” which directs all federal agencies to “terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements,” to enforce “longstanding civil-rights laws,” and to “combat illegal private-sector DEI preferences, mandates, policies, programs, and activities.”
The EO lists several other EOs that the Trump administration is revoking. Notably, the Trump EO revokes Executive Order 11246, titled “Equal Employment Opportunity,” which has required federal contractors to have affirmative action plans since 1965. Additionally, the EO orders the Office of Federal Contract Compliance Programs to immediately cease “promoting diversity,” “holding federal contractors and subcontractors responsible for taking ‘affirmative action,’” and “allowing or encouraging federal contractors or subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.” The EO claims these actions are meant to streamline the federal contracting process “to enhance speed and efficiency, reduce costs, and require federal contractors and subcontractors to comply with our civil-rights laws.”
This order states that “for 90 days from the date of this order, Federal contractors may continue to comply with the regulatory scheme in effect on January 20, 2025.”
Additionally, the EO directs each federal agency to include in every federal contract or grant award a term requiring contractual counterparties or grant recipients to agree that it is in compliance with all applicable federal anti-discrimination laws and a term requiring the counterparty or recipient to certify that it does not operate “any programs promoting DEI that violate any applicable federal anti-discrimination laws.”
The EO also includes orders to encourage the private sector to cease DEI programs and initiatives. Specifically, the EO directs the Attorney General, in consultation with other relevant agencies, to promulgate a report with recommendations to enforce civil-rights laws and encourage the private sector to end DEI practices. The report is required to identify “the most egregious and discriminatory DEI practitioners in each sector of concern.” It also requires each agency to identify up to nine potential civil compliance investigations as a way to deter DEI programs or principles.
The White House also provided a fact sheet on the order.
The EO will have widespread implications for federal contractors. Read ABC general counsel Litter's analysis for more information. ABC will share further developments on this EO as they are released.