This report is only a summary and editorial regarding the executive orders (“EOs”) signed by the Trump Administration during the last week. EOs are not legislation or court opinions. They do not carry the weight of law, and are merely statements of policy within the executive branch. That is not to say they cannot be cited in court or legal pleadings, or aren’t relevant to the application of law, only that they are almost never controlling outside of internal executive branch administration.
EOs are signed and reported on, generally, a week before they are published into the Federal Register. Until such a publication, it can be difficult to know the exact language of the signed EO. For that reason, these reports only include EOs published in the Federal Register. While this can lead to these reports feeling delayed or dated, it is to ensure precision and clarity.
While I am a licensed attorney, this is not paid legal advice. Nothing in this communication is intended to create an attorney-client relationship. Unless expressly stated otherwise, nothing contained in this article should be construed as a digital or electronic signature, nor is it intended to reflect an intention to make an agreement by electronic means.
This EO relies on the International Economic Emergency Powers Act (the “IEEPA”), the National Emergencies Act (the “NEA”), the Trade Act of 1974 § 604, and 3 USC 301.
Section 1 is just a bunch of bullshit about China’s reciprocal tariffs being a national security threat.
Section 2 raises the tariff from 34% to 84%.
Section 3 adjusts duties and tariffs on de minimis shipments in various ways.
Section 4 orders various executive officers to implement the EO.
This is one of the many tariffs that the Administration has used in an attempt to bring China to the negotiating table.
As of the writing of this article, all signs point to the Administration backing down and removing the tariffs. As America continues to waiver and fold, so too will international confidence in America’s abilities economically and in other domains.
Lisa Benson - Washington Post Writers Group.
Section 1 complains about state laws that attempt to regulate the energy industry due to concerns about climate change.
Section 2 directs the AG to identify unconstitutional state and local regulations that are burdensome energy resources and attempt to have them overtuned.
This is an incredibly inappropriate action for the Administration to take. It is an explicit attempt for the federal government to step in and overturn state and local laws. This is a violation of the foundational principles of federalism and the dual sovereignty that this nation was founded on. There is very little in the constitution regarding environmental regulations, especially ones enacted by the states.
It is incredibly likely that we will see some baseless lawsuits against the various state environmental agencies and the states themselves for the entirely constitutional laws regarding climate regulations. Not only will this be an attack on necessary climate regulations to help prevent climate change, but it also will be the first step in stripping states of their sovereignty and independence from federal overreach.
Section 1 glazes coal with a bunch of lies.
Section 2 states that the policy of the US that coal is essential.
Section 3 orders that coal be designated a mineral so that it is afforded benefits under EO 14241.
Section 4 orders executive officers assess federal laws and policies that might hinder the coal mining industry.
Section 5 orders executive officers to assess federal lands to be opened up to coal mining.
Section 6 orders executive officers and agencies to assess policies and laws that would hinder coal energy generation. It encourages loans and other funding sources to help facilitate coal energy generation.
Section 7 orders executive officers to promote coal exports.
Section 8 orders agencies to identify exclusions that would hinder the production and export of coal.
Section 9 orders the Secretary of Energy to see if the use of coal in steel production can be afforded protection under the Energy Act of 2020 and label it a critical material.
Section 10 orders executive officers to find ways to use coal to power AI data centers.
Section 11 orders the Secretary of Energy to take all necessary actions to accelerate coal technologies.
The Administration is taking all possible measures to assist the coal industry.
We should expect the rapid expansion of the coal industry in the short term with the destruction of many previously protected federal lands. In the long term it will be surprising to see if this has any real effect on the world transitioning away from coal.
Section 1 discusses a lack of reliability when it comes to American energy demand.
Section 2 establishes the policy of the US to reinforce its electric power grid.
Section 3 orders the Secretary of Energy to take steps to improve the reliability of the electric grid.
This EO likely will lead to further use of coal and less use of green energy sources. Solar, wind, and other green energy is often considered less reliable, while coal, a Trump darling, is considered reliable.
This EO will likely, in conjunction with EO 14261 will be used to promote and support the American coal industry at the expense of green energy.
This is yet another EO attacking a law firm.
Section 1 bemoans overregulation and points out that Obama-Biden passed a thirteen thousand word definition of the word “Showerhead”.
Section 2 repeals this long definition.
This is pretty straightforward EO, it repeals some regulatory language around showerheads.
While this is in line with the Administration’s goal to reduce regulations, it is far more likely simply a publicity stunt. The audacity to define a showerhead with 13,000 words on its face is likely scoffed at and mocked by conservatives, so this is low hanging fruit for the hogs who support him.
Section 1 says that the acquisition of military hardware is important, but that the defense acquisition system of America is not up to scratch.
Section 2 says it is the policy of the US government to accelerate defense procurement and revitalize the defense industrial base.
Section 3 orders the Secretary of Defense to create a plan to reform the DoD’s acquisition process.
Section 4 orders the Secretary to eliminate any unnecessary supplemental regulations or other guidance and promote the streamlining of acquisitions by removing regulations where necessary.
Section 5 orders various Secretaries within the DoD to develop a plan to reform and train the workforce for defense acquisitions.
Section 6 orders various Secretaries within the DoD to perform a comprehensive review of all major defense acquisition programs for efficiency and redundant regulations.
Section 7 orders various Secretaries within the DoD to review the Joint Capabilities Integration and Development System with the goal of streamlining and accelerating acquisition.
Section 8 defines terms for the EO.
The deregulation and micromanagement of government spending trend has come to the DoD. Now spending will be hampered less by regulations and fraud prevention, and instead be easier to manipulate by the Administration for purposes of corruption.
Defense spending is the largest discretionary spending line item in the US budget. This means it is the largest target for corruption and graft. This will likely remove a lot of the regulations that prevent the monopolization of defense contracts, and remove much of the accountability and fraud prevention for defense spending. We will likely see a less lethal military, at a higher price.
This EO relies on the International Economic Emergency Powers Act (the “IEEPA”), the National Emergencies Act (the “NEA”), the Trade Act of 1974 § 604, and 3 USC 301.
Section 1 declares a national emergency arising from trade deficits such that further adjustments to the tariffs previously established are necessary.
Section 2 drops almost all tariffs identified in EO 14257 to 10%.
Section 3 changes the tariffs on china from 84% to 125%.
Section 4 extends the date of applying De Minimis tariffs an additional 90 days and increases the tariff rate.
Section 5 orders various executive officers to implement this EO.
Trump got spooked by nations coordinating to dump US bonds threatening interest rates, so he backed off on most of the tariffs. China negotiating hard caused him to continue the brinkmanship he started.
As of the writing of this article, all signs point to the Administration backing down and removing the tariffs. As America continues to waiver and fold, so too will international confidence in America’s abilities economically and in other domains.
Section 1 complains that regulations are used to pick economic winners and losers.
Section 2 defines terms for the EO.
Section 3 orders agency heads to consult with the Chairman of the FTC and AG to review regulations that could implicate antitrust issues with regards to competition in the market.
This EO takes an antitrust approach to deregulation. It is largely requesting a book report about potential anti-competitive regulations.
This fits within the numerous deregulation EOs and memos from the Administration. It is unlikely that any regulations eliminated due to this EO will result in an increase in competitiveness within the US economy. Antitrust is a very heavily litigated field, laws and regulations within the field are well tested and it is unlikely that there is much meat on the bone for a good faith interpretation of this EO.
Section 1 talks about how integrating our partners who purchase US military equipment is important.
Section 2 sets the policy of the admin to deregulate and streamline the sale of military equipment.
Section 3 orders various executive officers to implement the EO.
Section 4 sets Definitions for the EO.
This EO appears to be the Administration pushing for more military sales. It also appears to remove regulations around who the weapons are sold to.
The EO is a strange one as it appears to be promoting an idea that international partners and integration is important, despite this being antithetical to the Administration’s platform. It likely will result in some uptick in military sales, it likely will be due to America selling to parties who would have been deemed too dangerous to sell to.
Section 1 talks about the deficiencies of the US shipbuilding industry.
Section 2 states it is the policy of the US to revitalize the shipbuilding industry.
Section 3 orders various executive officers to set up a plan to implement this EO.
Section 4 orders various executive officers to provide an assessment of the available authorities and resources for shipbuilding.
Section 5 is a bunch of paranoia about China and opens the door for further tariffs in order to protect the ship building industry.
Section 6 orders that ships bearing foreign trade submit to the tariffs he had implemented.
Section 7 orders various executive officers to engage with other countries regarding this EO.
Section 8 orders that measures be taken to try to bring foreign investment to the US for shipbuilding.
Section 9 orders various executive officers to establish a trust fund to help provide funding for shipbuilding.
Section 10 orders various executive officers to establish financial incentive structures in relation to ship building.
Section 11 orders various executive officers to identify domestic and allied areas that provide opportunities to help promote shipbuilding.
Section 12 orders various executive officers to identify needs of the shipbuilding industry and how the US can best support it.
Section 13 orders various executive officers to to identify ways to increase training of mariners and other support staff for shipbuilding and operation
Section 14 orders the US Merchant Marine Academy be modernized.
Section 15 orders various executive officers to develop a proposal for improved acquisition strategies that would support shipbuilding.
Section 16 orders DOGE to review DOD and DHS procurement processes in order to make them more efficient and effective.
Section 17 orders various executive officers to increase the US trading fleet size.
Section 18 orders various executive officers to develop a strategy to secure arctic waterways for America.
Section 19 orders various executive officers to submit a report to the president regarding the participants and competitors within the shipbuilding industry.
Section 20 orders various executive officers to conduct a review of regulations and their implementation concerning shipping and port access for increased efficiencies by stripping unnecessary rules and regulations.
Section 21 orders the Secretary of Defense to review and issue guidance relating to an inactive reserve fleet.
This is a very comprehensive EO targeted at increasing domestic, and even allied, shipbuilding and American international shipping. While the methods still seem to lean heavily on the private sector and focus on deregulation, the effort seems at least partially genuine. This has been a minor part of the Administration’s platform, and this seems in line with previous statements.
USS Zumwalt Destroyer//Getty Images
While this is a serious effort, without congressional backing it is likely little more than words on paper. Additionally, it’s not even clear if domestic shipbuilding is the correct path forward for the US military. Naval vessels are relevant, but domestic production is not a clear necessity. America has outsourced shipbuilding throughout our history, and such jobs do not easily fit within the current configuration of the US economy. That is not to say this EO, and the Administration’s goals are unattainable, only that domestic production will be more costly, and likely have less of an impact militarily than using such resources more efficiently with allied production in mind.
Section 1 complains about how long regulatory and law codes are in America and how sunset provisions are needed.
Section 2 defines terms for the EO.
Section 3 Establishes which agencies and acts this applies to.
Section 4 states that all covered agencies shall implement a sunset rule by 9/30/25 for regulations so that all regulations must be reaffirmed within 1 to 5 years.
Section 5 states that if a regulation is sunsetted it doesn’t count towards the 10 for 1 regulatory requirement from EO 14192.
This will only impact regulations promulgated by agencies, it will not affect laws passed by congress. This will mean that all regulatory rules and regulations will now need to be reaffirmed every 1 to 5 years. In theory, this means that old laws that are no longer relevant will naturally be removed from the US code. It is important to note, that any of these rules and regulations can be removed by various processes within the US government already should they become burdensome or unnecessary.
This, like many conservative ideas, is one that sounds good with a passing thought, but falls apart upon any real scrutiny. What this EO really does is make every single rule and regulation a negotiation and fight. Republicans consistently use such votes to extract concessions from Democrats and have no qualms about holding anyone and anything hostage to do so. It also creates unnecessary votes and bureaucracy for these agencies that only hinder the government’s ability to act and cost’s more money.
Section 1 says that it is a major goal for the Administration to not waste money, making this possibly one of the funniest EO’s produced by this Administration so far.
Section 2 directs agencies to buy products and services that are commercially available pursuant to the Federal Acquisition Streamlining Act of 1994.
Section 3 defines terms for the EO.
Section 4 orders all agencies to conduct a review of potential contracts or expenditures to make sure there is not a commercially available alternative.
Section 5 creates a requirement that any non-commercial development of a product or service must be approved by the Director of OMB.
This EO is an attempt to commercialize many aspects of the US government. In the name of efficiency and cost savings, it attempts to do away with any in house products or services of the government.
It’s not currently clear how much of an impact this will have, the US government already contracts for the vast majority of products and services it requires. It does expand the Federal Acquisition Streamlining Act for procurement, which removes some requirements that could increase costs or procurement time, though could lead to more opportunities for graft and corruption. It ultimately will make the US government more dependent on the markets, and less likely to be able to craft specific solutions to specific problems. It also will lead to the US government employing less specialized workers, and instead hiring experts as they are needed.
Section 1 talks about how important critical minerals, including rare earth elements, are important for economic and national security.
Section 2 defines terms for the EO.
Section 3 orders the Secretary of Commerce to investigate under Section 232 to determine if economic policy to address potential national security issues regarding to domestic critical mineral production and refinement is required.
This EO, in conjunction with EO 14241, continues to focus on domestic production and refinement of minerals.
It is likely to produce some kind of increase in or at the least threat of tariffs regarding minerals.
Section 1 talks about the need to lower drug prices. It blames Biden for price increases over the last four years. It continues the lie that there is a pill penalty in the IRA, when in reality it is a price control to reduce costs on prescription medication.
Section 2 states it is the policy of the US to lower prescription drug costs.
Section 3 orders the Secretary of HHS to create guidance or more transparency and attempt to reduce the effects of the IRA on drug prices
Section 4 orders the Secretary to come up with a plan to reduce the cost of high-cost prescription drugs.
Section 5 orders the Secretary to publish a plan to conduct a survey of the SSA to determine how much hospitals are paying for outpatient drugs.
Section 6 orders various executive officers to provide recommendations to the President on “how best to ensure that manufactures pay accurate Medicaid drug rebates”, promote innovation for drug payment methodologies, link payments for drugs to the value obtained, and support states in managing drug spending.
Section 7 orders the Secretary to make grants for medical research be conditioned upon health care centers establish practices to make insulin and injectable epinephrine available at or below discounted prices.
Section 8 requires a report to the President on how to make medical supply chains more efficient.
Section 9 requires a report for recommendations on how to accelerate approvals for the use of new medications, and reclassifying prescription medications as over the counter medications.
Section 10 wants to open barriers that could prevent importation of prescription drugs.
Section 11 requires evaluation of spending by Medicare to make sure that it isn’t being sent to outpatient clinics that are more expensive than in hospital clinics.
Section 12 requires the Secretary of Labor to promulgate new regulations under ERISA.
Section 13 orders the Secretary of HHS to conduct public listening sessions with personnel from the DOJ and other departments to reduce anti-competitive behavior from big pharma.
That Trump has been bought off by big pharma. Almost every single thing in this EO in some way benefits drug manufacturers.
Trump gives speech in Rose Garden during his first term // Jonathan
Ernst/Reuters
Expect drug prices to increase, and outpatient clinics to receive less patients. The Administration will likely be focusing on overloading hospitals to disincentivize elderly and those who would file claims under Medicare and Medicaid.
Section 1 orders that federal buildings be prioritized in central business districts in urban areas.
Section 2 revokes EO 12072 and 13006 and orders that the Administrator of General Services amend relevant regulations.
This radically reduces prior requirements for Federal building placement.
Federal Buildings now will not need to take into account development of the area, environmental impact, or prioritize the use of historic buildings.
Section 1 complains about how hard it is to do business with the Federal Government.
Section 2 states that it is the policy of the Administration to make procurement efficient.
Section 3 defines terms for the EO.
Section 4 orders officers under the Federal Acquisition Regulatory Council and agency heads to amend the Federal Acquisition Regulation (“FAR”) to ensure it contains only provisions that are required by statute or support efficiency.
Section 5 all agencies that exercising procurement authority pursuant to FAR shall designate a senior acquisition official to work with the Administrator of FAR and FAR council to ensure alignment with this EO and resultant reforms.
Section 6 creates a sunset provision for all regulations under FAR for 4 years.
This, in conjunction with EO 14240 and a number of other EOs, continues to create more officers and bureaucracy when it comes to government spending.
This will likely do very little to make the process of procurement more efficient, and instead open more room for graft and corruption by government contractors.