Biden executive action tracker - An index of all executive actions signed by President Biden - American Bar Association
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Biden executive action tracker An index of all executive actions signed by President Biden February 4, 2021 PRODUCER National Journal Presentation Center
Roadmap ▪ Background ▪ Executive actions by sector ▪ Coronavirus ▪ Economy ▪ Education ▪ Equity ▪ Immigration ▪ Federal Regulation ▪ Census ▪ Climate ▪ Government Reform ▪ Public Health 2
Biden has signed 28 executive orders in his first two weeks in office Executive orders signed by President, as of February 3, 2021 ■ Total number of EOs signed in their Presidency* Biden 28 Trump 220 Obama 276 Bush 291 Clinton 364 *Only includes executive orders, graph does not include other forms of executive action (proclamations, memorandums, or discretionary executive actions) S O U R C E The White House, The American Presidency Project S L I D E L A S T U P D A T E D O N 2/4/21 3
The executive order is a tool that has been used by almost every president since George Washington What is an executive order? Executive order: An official document signed by the president declaring government policy • The purpose of an executive order is to give instructions to government agencies and departments about how to execute and enforce legislation • In recent years executive orders have been used more broadly to instruct agencies and departments how to operate in certain policy areas • Courts may declare executive order unconstitutional if it oversteps the executive power granted by law Judiciary • Judges may postpone enforcement of executive order until a final Checks by judgement has been made other government branches • Congress may pass legislation revoking or modifying the powers it gave to a president through previous legislation Congress • If vetoed by the president, Congress can override with 2/3 majority vote in both chambers S O U R C E National Journal S L I D E L A S T U P D A T E D O N 1/20/21 4
Roadmap ▪ Background ▪ Executive actions by sector ▪ Coronavirus ▪ Economy ▪ Education ▪ Equity ▪ Immigration ▪ Federal Regulation ▪ Census ▪ Climate ▪ Government Reform ▪ Public Health 5
Biden executive actions: Coronavirus (1/4) Executive orders are bolded, all other forms of Executive Actions (memorandums, proclamations, discretionary executive actions) remain non-bolded DATE EXECUTIVE ACTION DETAILS ▪ Aims to slow the spread of COVID-19 and protect federal workers Protecting the Federal and those that the workforce interacts with 1-20-21 workforce and requiring mask- ▪ It states that “on-duty or on-site Federal employees, on-site Federal wearing contractors, and other individuals in Federal buildings and on Federal lands should all wear masks, maintain physical distance, and adhere to other public health measures” ▪ Creates the position of Coordinator of the COVID-19 Response and Counselor to the President and takes steps to prepare the federal Organizing and mobilizing the government to respond to the ongoing pandemic and potential United States government to future threats 1-20-21 ▪ Duties of the Coordinator of the COVID-19 Response and provide a unified and effective Counselor to the President position include organizing government response to combat COVID-19 efforts to reduce disparities in the response, care, and treatment of and to provide United States the virus, coordinating the production, supply, and distribution of leadership on global health vaccines and other supplies and security ▪ Establishes a National Security Council Directorate on Global Health Security and Biodefense who will be responsible for “monitoring current and emerging biological threats” ▪ Requires masks to be worn in or on airports, commercial aircraft, Promoting COVID-19 safety in trains, public maritime vessels, and intercity bus services 1-21-21 ▪ International travelers are required to have proof of a recent domestic and international travel negative COVID-19 test before entering the United States and must comply with CDC guidelines concerning recommended periods of self-quarantine and isolation after entry into the country S O U R C E The White House S L I D E L A S T U P D A T E D O N 2/4/21 6
Biden executive actions: Coronavirus (2/4) Executive orders are bolded, all other forms of Executive Actions (memorandums, proclamations, discretionary executive actions) remain non-bolded DATE EXECUTIVE ACTION DETAILS ▪ Directs the Director of Health and Human Services (HHS) to Improving and expanding accelerate the development of COVID-19 therapies, improve the 1-21-21 access to care and treatments capacity of the nation’s healthcare systems, and improve access to for COVID-19 quality and affordable healthcare ▪ Utilizes the full capacity of the Federal Government “to protect Extend federal support to families, schools, and businesses, and to assist State, local, Tribal, governors’ use of the National and territorial governments to do the same” 1-21-21 Guard to respond to COVID-19 ▪ Orders the Federal Emergency Management Agency (FEMA) to reimburse the states for all costs associated with the use of the and to increase reimbursement National Guard and other assistance provided to states ▪ Establishes a COVID-19 Health Equity Task Force that will provide Ensuring an equitable recommendations to the President for “mitigating health inequities 1-21-21 caused or exacerbated by the pandemic and for preventing such pandemic response and recovery inequities in the future” Ensuring a data-driven ▪ Orders the heads of all executive agencies to “facilitate the response to COVID-19 and gathering, sharing, and publication of COVID-19 related data,” to 1-21-21 allow Federal, State, and local authorities to develop informed future high-consequence public health threats decision concerning the pandemic S O U R C E The White House S L I D E L A S T U P D A T E D O N 1/25/21 7
Biden executive actions: Coronavirus (3/4) Executive orders are bolded, all other forms of Executive Actions (memorandums, proclamations, discretionary executive actions) remain non-bolded DATE EXECUTIVE ACTION DETAILS ▪ Directs the Secretary of Education and the Secretary of Health and Supporting the reopening and Human Services to provide states and schools with evidence-based 1-21-21 continuing operation of school guidance to assist in decisions on reopening, safely conducting in- and early childhood education person learning, and mitigation efforts such as cleaning, masking, etc. providers ▪ Orders the Assistant Secretary of Labor for Occupational Safety Protecting worker health and and Health to provide revised guidance to employers on workplace 1-21-21 safety during the pandemic, consider whether temporary COVID-19 safety standards are necessary, and to conduct an outreach campaign to inform workers and their representatives of their rights Establishing the COVID-19 ▪ Establishes the COVID-19 Pandemic Testing Board which is tasked pandemic testing board and with creating a national testing and public health workforce strategy, 1-21-21 expanding the supply of tests, and increasing laboratory testing ensuring a sustainable public health workforce for COVID-19 capacities and other biological threats ▪ Directs the federal government to take actions to secure necessary Sustainable public health supplies for responding to the pandemic 1-21-21 ▪ Authorizes the Defense Production Act to fill any shortfalls in supply chain personal protective equipment and the resources necessary to produce and distribute tests and vaccines S O U R C E The White House S L I D E L A S T U P D A T E D O N 1/25/21 8
Biden executive actions: Coronavirus (4/4) Executive orders are bolded, all other forms of Executive Actions (memorandums, proclamations, discretionary executive actions) remain non-bolded DATE EXECUTIVE ACTION DETAILS ▪ Orders all executive agencies to “identify actions they can take Economic relief related to the within existing authorities to address the current economic crisis 1-21-21 resulting from the pandemic” and to improve access to programs COVID-19 pandemic funded by the Federal Government Suspension of entry as ▪ Restricts and suspends entry into the United States from immigrants and non-immigrants immigrants or nonimmigrants, and noncitizens from the Schengen of certain additional persons who Area, the United Kingdom, the Republic of Ireland, the Federative 1-25-21 pose a risk of transmitting Republic of Brazil, and the Republic of South Africa during the 14- days preceding their attempted entry into the United States coronavirus disease 2-2-21 Maximizing assistance from the ▪ Authorizes the use of FEMA to state, local, tribal, and territorial Federal Emergency Management governments in response to COVID-19 to protect and support Agency (FEMA) families, schools, and businesses S O U R C E The White House S L I D E L A S T U P D A T E D O N 2/4/21 9
Biden executive actions: Economy (1/1) Executive orders are bolded, all other forms of Executive Actions (memorandums, proclamations, discretionary executive actions) remain non-bolded DATE EXECUTIVE ACTION DETAILS ▪ Encourages the organization of unions and ensures the right of Protecting the federal collective bargaining within the Federal Government 1-22-21 workforce ▪ Requests that the Director of OPM provides a report to the President with recommendations to promote a $15/hour minimum wage for Federal employees ▪ Encourages the government to maximize the use of goods, Ensuring the future is made in products, and materials produced in, and services provided in, the 1-25-21 all of America by all of United States America’s workers ▪ Advises each agency’s senior leadership to handle the issuing of “Made in America” waivers to promote transparency and accountability ▪ Maintains American tariffs on aluminum imported from the United Adjusting imports of aluminum Arab Emirates 2-1-21 into the United States ▪ Revokes a proclamation signed by former President Trump that instituted a new quota on UAE aluminum imports to the US S O U R C E The White House S L I D E L A S T U P D A T E D O N 2/4/21 10
Biden executive actions: Education (1/1) Executive orders are bolded, all other forms of Executive Actions (memorandums, proclamations, discretionary executive actions) remain non-bolded DATE EXECUTIVE ACTION DETAILS ▪ The Acting Secretary of Education will extend the pause on federal Pausing Federal student loan student loan payments and the interest rate will remain at 0%, until 1-20-21 payments at least September 30 S O U R C E The White House S L I D E L A S T U P D A T E D O N 1/25/21 11
Biden executive actions: Equity (1/2) Executive orders are bolded, all other forms of Executive Actions (memorandums, proclamations, discretionary executive actions) remain non-bolded DATE EXECUTIVE ACTION DETAILS ▪ This EO was a directive by the Biden administration that the Federal government take a comprehensive approach to advancing Advancing racial equity and equity for all, as well as advancing civil rights, racial justice, and 1-20-21 support for underserved equal opportunity ▪ It states agencies must “recognize and work to redress communities through the inequities in their policies and programs that serve as barriers federal government to equal opportunity” ▪ Each agency head is responsible for conducting an internal review of whether underserved communities face systemic barriers in accessing the benefits and opportunities associated with each department ▪ Reinforces the Biden administration policy to “fully enforce Title Preventing and combating VII and other laws that prohibit discrimination on the basis of 1-20-21 discrimination on the basis of gender identity or sexual orientation” gender identity or sexual ▪ Each agency will develop plans, with consultation from the Attorney orientation General, to implement processes that combat overlapping forms of discrimination, and discrimination based on disability Enabling all qualified ▪ Revokes the Trump administration policies that barred transgender 1-25-21 Americans to serve their individuals from serving in the military country in uniform S O U R C E The White House S L I D E L A S T U P D A T E D O N 1/29/21 12
Biden executive actions: Equity (2/2) Executive orders are bolded, all other forms of Executive Actions (memorandums, proclamations, discretionary executive actions) remain non-bolded DATE EXECUTIVE ACTION DETAILS Reforming our incarceration ▪ Aims to decrease incarceration levels by reducing the government’s system to eliminate the use of reliance on private profit-incentivized criminal detention facilities 1-26-21 ▪ “The Attorney General shall not renew Department of Justice privately operated criminal detention facilities contracts with privately operated criminal detention facilities” Condemning and combating ▪ Advises the Secretary of Health and Human Services to issue best racism, xenophobia, and practices for advancing cultural competency, language access, and 1-26-21 intolerance against Asian sensitivity towards the Asian American and Pacific Islander Americans and Pacific Islanders communities with respect to the Federal Government’s pandemic response in the United States Tribal consultation and ▪ Reaffirms the policy outlined in the tribal consultation memorandum 1-26-21 strengthening nation-to-nation issued on November 5, 2009, that requires each agency to prepare relationships a detailed plan of action to engage in regular, meaningful, and robust consultations with tribal officials Redressing our nation’s and the ▪ Reaffirms the Biden administration’s commitment to securing equal federal government’s history of housing opportunities for all, and to eliminate racial bias and other 1-26-21 forms of discrimination in all stages of home-buying and renting discriminatory housing practices and policies 2-3-21 National black history month, ▪ Proclaims February 2021 as National Black History Month 2021 ▪ Reaffirms the Biden administration’s desire to fulfill the promise of equal treatment for all Americans S O U R C E The White House S L I D E L A S T U P D A T E D O N 2/4/21 13
Biden executive actions: Immigration (1/3) Executive orders are bolded, all other forms of Executive Actions (memorandums, proclamations, discretionary executive actions) remain non-bolded DATE EXECUTIVE ACTION DETAILS ▪ Undoes Trump administration restrictions on entry to the United Ending discriminatory bans on States from citizens of certain Muslim majority states and resumes 1-20-21 entry to the United States the processing of visa applications from passport holders of those countries ▪ Addresses the desire of the Biden administration to reset the Revision of civil immigration policies and practices for enforcing civil immigration laws to 1-20-21 enforcement policies and safeguard the dignity and well-being of all families and communities priorities ▪ Revokes Executive Order 13768, signed by President Trump, which made sanctuary jurisdictions ineligible for federal grants and directed agencies to use all lawful means to enforce the immigration laws of the United States Termination of emergency with ▪ Revokes the Trump administration’s declaration of a national respect to the southern border of emergency on the southern border of the United States 1-20-21 the United States and redirection ▪ All construction of the southern border wall is immediately halted of funds diverted to border wall and the heads of any “appropriate” executive agency will develop a construction plan to redirect border wall construction funds and repurpose contracts S O U R C E The White House S L I D E L A S T U P D A T E D O N 1/25/21 14
Biden executive actions: Immigration (2/3) Executive orders are bolded, all other forms of Executive Actions (memorandums, proclamations, discretionary executive actions) remain non-bolded DATE EXECUTIVE ACTION DETAILS ▪ Since 1991, the United States has granted temporary protected Reinstating deferred enforced status (TPS) for Liberians who were forced to flee their country due 1-20-21 departure for Liberians to armed conflict ▪ The conflict ended in 2003, however, each President had deferred the enforced departure of the Liberians ▪ Extends the deferral of deportations and work authorizations through June 30, 2022 ▪ Aims to protect the 2012 Obama administration memorandum that Preserving and fortifying “deferred the removal of certain undocumented immigrants who 1-20-21 Deferred Action for Childhood were brought to the United States as children, have obeyed the law, Arrivals (DACA) and stayed in school or enlisted in the military” ▪ It states, “The Secretary of Homeland Security, in consultation with the Attorney General, shall take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA Restoring faith in our legal ▪ Creates a Task Force on New Americans, under the Domestic immigration systems and Policy Council, which will coordinate efforts to support immigrants 2-2-21 and refugees, and catalyze state and local integration efforts strengthening integration and inclusion efforts for new ▪ Orders the secretary of state, attorney general, and the secretary of homeland security to conduct a review of current practices to Americans identify any that impede access to immigration benefits or to the legal immigration system S O U R C E The White House S L I D E L A S T U P D A T E D O N 2/4/21 15
Biden executive actions: Immigration (3/3) Executive orders are bolded, all other forms of Executive Actions (memorandums, proclamations, discretionary executive actions) remain non-bolded DATE EXECUTIVE ACTION DETAILS Creating a comprehensive ▪ Aims for the administration to work with international organizations regional framework to address and governments in North and Central America to build and 2-2-21 the causes of migration, to strengthen their asylum systems and resettlement capacities, as manage migration throughout well as enhance lawful pathways for migration to the United States ▪ Requires agencies to review their mechanisms for identifying North and Central America, individuals from the Northern Triangle who are eligible for refugee and to provide safe and resettlement orderly processing of asylum ▪ Orders the secretary of homeland security and the director of the seekers at the United States centers for disease control and prevention to begin the reception border and processing of asylum seekers ▪ Reaffirms the Biden administration’s desire to protect family unity by ensuring that a child is only separated from his parents when the The establishment of child’s safety is in question or required by law 2-2-21 interagency task force on the ▪ Establishes an interagency task force on the reunification of families; the task force will identify children who are separated from reunification of families their families and facilitate family reunification ▪ Revokes an executive order signed by former President Trump justifying his administration’s position of separating families S O U R C E The White House S L I D E L A S T U P D A T E D O N 2/4/21 16
Biden executive actions: Federal Regulation (1/1) Executive orders are bolded, all other forms of Executive Actions (memorandums, proclamations, discretionary executive actions) remain non-bolded DATE EXECUTIVE ACTION DETAILS ▪ Revokes six directives signed by President Trump that “threaten to Revocation of certain frustrate the Federal Government’s ability to confront these 1-20-21 executive orders concerning problems, and empowers agencies to use appropriate regulatory federal regulation tools to achieve these goals” ▪ Reaffirms the role of the Office of Information and Regulatory Affairs in the Office of Management and Budget (OMB) to review 1-20-21 Modernizing regulatory review executive branch regulatory actions ▪ Directs the Office of Management and Budget to produce a set of recommendations to modernize the federal regulatory review process ▪ Outlines the federal regulatory process the Biden administration will Regulatory freeze pending use at the outset of their term 1-20-21 ▪ Freezes sending any departmental rules to the Office of the Federal review Register until Biden’s nominations are confirmed and have the opportunity to review and approve the rule S O U R C E The White House S L I D E L A S T U P D A T E D O N 1/25/21 17
Biden executive actions: Census (1/1) Executive orders are bolded, all other forms of Executive Actions (memorandums, proclamations, discretionary executive actions) remain non-bolded DATE EXECUTIVE ACTION DETAILS ▪ The Biden administration is instructing the Department of Ensuring a lawful and accurate Commerce to include the “total number of persons residing in 1-20-21 enumeration and the several States, without regard for immigration status” apportionment pursuant to the ▪ Effectively revokes Executive Order 13880 signed by President Trump that asked all executive departments and agencies to decennial census provide as much assistance to the Dept. of Commerce as possible in determining the number of citizens and non-citizens in the United States S O U R C E The White House S L I D E L A S T U P D A T E D O N 1/25/21 18
Biden executive actions: Climate (1/2) Executive orders are bolded, all other forms of Executive Actions (memorandums, proclamations, discretionary executive actions) remain non-bolded DATE EXECUTIVE ACTION DETAILS ▪ Directs all executive departments and agencies to “immediately review and…take action to address the promulgation of Federal Protecting public health and regulations and other actions during the last 4 years that conflict 1-20-21 the environment and restoring with these important objectives, and to immediately commence work to confront the climate crisis” science to tackle the climate ▪ Under the EO a temporary moratorium has been established on all crisis land leasing transactions in the Arctic National Wildlife Refuge for drilling ▪ Restores Obama administration policy on the withdrawal of certain offshore areas in the Arctic and the Bering Sea from oil and gas drilling ▪ Revokes the 2019 permit for the Keystone XL pipeline ▪ Establishes an “Interagency Working Group on the Social Cost of Greenhouse Gases” ▪ President Biden accepts the Paris Agreement on behalf of the 1-20-21 Paris Climate Agreement United States reentering the climate deal that President Trump had pulled America out of S O U R C E The White House S L I D E L A S T U P D A T E D O N 1/25/21 19
Biden executive actions: Climate (2/2) Executive orders are bolded, all other forms of Executive Actions (memorandums, proclamations, discretionary executive actions) remain non-bolded DATE EXECUTIVE ACTION DETAILS ▪ Elevates climate considerations to an essential element of United States foreign policy and national security decisions ▪ Creates the position of Special Presidential Envoy for Climate to Tackling the climate crisis at elevate issues of climate change 1-27-21 ▪ Establishes a National Climate Task Force to organize and deploy a home and abroad government-wide approach to tackling the climate crisis ▪ Halts the issuing of new oil and gas leases on public land or in offshore waters ▪ Aims to create a carbon pollution-free sector by 2035, and achieve emission-free government vehicle fleets • Establishes the President’s Council of Advisors on Science and President’s council of advisors Technology 1-27-21 • The council will advise the President on various policy subjects, on science and technology including science, technology, and innovation • Tasks the Director of the Office of Science and Technology Policy Restoring trust in government with ensuring the highest level of integrity in all aspects of the 1-27-21 through scientific integrity and executive branch relating to scientific and technological processes evidence-based policymaking S O U R C E The White House S L I D E L A S T U P D A T E D O N 1/29/21 20
Biden executive actions: Government Reform (1/1) Executive orders are bolded, all other forms of Executive Actions (memorandums, proclamations, discretionary executive actions) remain non-bolded DATE EXECUTIVE ACTION DETAILS ▪ Each Biden administration executive agency appointee shall sign an ethics pledge upon becoming an appointee Ethics commitments by ▪ The pledge asks that each appointee commit to making decisions 1-20-21 executive branch personnel exclusively in the public interest, commit to conduct that upholds the independence and authority of the Dept. of Justice, and commit to ethical choices in their post-Government employment S O U R C E The White House S L I D E L A S T U P D A T E D O N 1/25/21 21
Biden executive actions: Public Health (1/2) Executive orders are bolded, all other forms of Executive Actions (memorandums, proclamations, discretionary executive actions) remain non-bolded DATE EXECUTIVE ACTION DETAILS ▪ Biden informed the Secretary-General of the United Nations that the World Health Organization United States intends to remain a member of the World Health 1-21-21 membership Organization ▪ President Trump’s administration had intended to withdraw the United States from the group on July 6, 2021 ▪ Advises the Secretary of Health and Human Services to reopen Strengthening Medicaid and enrollment for a three month period to allow for Americans to sign 1-28-21 the Affordable Care Act up for healthcare during the pandemic ▪ Directs all agency leadership to conduct reviews of department policies to determine if any exist that undermine or restrict access to the healthcare provided in the Affordable Care Act ▪ Revokes the 1984 “Mexico City Policy” implemented by President Reagan Protecting women’s health at • It prevents foreign non-governmental organizations that 1-28-21 home and abroad receive any U.S. aid from “providing counseling or referrals for abortion or advocating for access to abortion services in their country” • Since 1984, every Democratic president has rescinded the measure, and every Republican has brought it back • Proclaims February 2021 as American Heart Month 2-3-21 American heart month, 2021 • Reaffirms the Biden administration’s commitment to support Americans in achieving heart health S O U R C E The White House S L I D E L A S T U P D A T E D O N 2/4/21 22
Biden executive actions: Public Health (2/2) Executive orders are bolded, all other forms of Executive Actions (memorandums, proclamations, discretionary executive actions) remain non-bolded DATE EXECUTIVE ACTION DETAILS • Proclaims February 2021 as National Teen Dating Violence 2-3-21 National teen dating violence Awareness and Protection Month awareness and prevention • Reaffirms the Biden administration’s commitment to raising national month, 2021 awareness about teen dating violence and promoting safe and healthy relationships S O U R C E The White House S L I D E L A S T U P D A T E D O N 2/4/21 23
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