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Event Details
6 February 2017
Executive Orders and Presidential Memoranda Issued by the Trump Administration (Post #2)
Since our last post on January 25, President Trump has issued eight more Executive Orders and Presidential Memoranda (collectively “executive actions”):
2/3
Presidential Memorandum on Fiduciary Duty Rule
Directs the Department of Labor to halt implementation of the “fiduciary duty” rule for additional review, which was set to take effect on April 10.
The fiduciary duty rule was designed to ensure that financial advisors hired to help with retirement planning and assets acted in the best interest of the client, avoided conflicts of interest when possible, and was transparent about his or her compensation and fees.
Presidential Executive Order on Core Principles for Regulating the United States Financial System
Sets "Core Principles" of financial regulation aimed at easing regulations on the financial industry. The order directs the Treasury Secretary to conduct a review of financial system regulations including the Dodd-Frank reform act (the banking industry rules passed after the 2008 financial crisis). The order also directs the Treasury Secretary to file a report within 120 days on possible regulatory changes or legislative recommendations.
1/30
Presidential Executive Order on Reducing Regulation and Controlling Regulatory Costs
The order intends to zero-out regulatory costs by eliminating two regulations for every one implemented. The order requires that the costs associated with a new regulation must be offset by the elimination of existing costs associated with at least two prior regulations. The order goes into effect immediately and requires the cost of all regulations in fiscal year 2017, which ends September 30, to equal zero.
1/28
Executive Order: Ethics Commitments by Executive Branch Appointees
Requires appointees to every executive agency to sign an ethics pledge saying they will never lobby for a foreign government and that they will not lobby for five years after they leave government service.
Presidential Memorandum Organization of the National Security Council and the Homeland Security Council
Reorganizes the National Security Council to establish Steve Bannon, President Trump’s chief strategist, as a regular attendee, and disinvited the chairman of the Joint Chiefs of Staff and the Director of National Intelligence to attend only when necessary.
Presidential Memorandum on Plan to Defeat the Islamic State of Iraq and Syria
Directs the Administration to develop a comprehensive plan to defeat ISIS within 30 days.
1/27
Presidential Memorandum on Rebuilding the U.S. Armed Forces
Directs Defense Secretary James Mattis to conduct a readiness review of the U.S. military and Ballistic Missile Defense System, and submit his recommendations to "rebuild" the armed forces.
Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States
Temporarily bars people from majority-Muslim Iran, Iraq, Libya, Somalia, Sudan, and Yemen from entering the country for 90 days, and Syrians from entering until otherwise directed. Most of the order has been stayed nationwide by federal judges in several states. As a result, the Department of Homeland Security "has suspended any and all actions implementing the affected sections of the Executive Order.”
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Overview
Water Resources Development Act (WRDA)
The Water Resources Development Act (WRDA) serves as the primary vehicle through which Congress authorizes U.S. Army Corps of Engineers civil works projects and establishes policy frameworks for water resource development nationwide. Enacted on a biennial schedule, WRDAs provide congressional authorization for USACE to conduct feasibility studies, construct flood risk reduction projects, improve navigation infrastructure, restore aquatic ecosystems, and assist with environmental infrastructure development
.
Since the enactment of
WRDA 1986
, Congress has used these omnibus authorization bills to both create new USACE authorities and refine existing programs based on evolving national priorities and lessons learned from program implementation. Recent WRDAs have addressed critical issues including drought resilience, water supply development, infrastructure modernization, and support for economically disadvantaged communities.
The most recent legislation, the
Water Resources Development Act of 2024
(WRDA 2024, P.L. 118-272), continued Congress's bipartisan commitment to strengthening America's water infrastructure by authorizing new construction projects, modifying existing authorities, and establishing updated policy guidance for USACE operations. WRDA 2024 also authorized five new regional environmental infrastructure programs, each incorporating flexible delivery mechanisms that allow federal assistance to be provided through grants or reimbursements to nonfederal sponsors.
Authorization through WRDA is typically a prerequisite for USACE activities to receive federal appropriations through the annual Energy and Water Development appropriations process. This two-step framework—authorization followed by appropriation—ensures congressional oversight of both program scope and funding levels.
Section 219 Environmental Infrastructure
Section 219 of WRDA 1992, as amended, represents one of USACE's most geographically expansive environmental infrastructure assistance authorities. Originally enacted to authorize design assistance for 18 specific projects, Section 219 has been amended by subsequent Congresses to authorize both design and construction assistance for water-related environmental infrastructure in hundreds of municipalities, counties, and states across the nation
.
The Congressional Research Service has
identified over 600 environmental infrastructure assistance authorities
with cumulative authorizations of appropriations totaling approximately $18.1 billion. Section 219 authorities constitute the majority of these geographically specific project authorizations, covering at least 46 states, the District of Columbia, and four U.S. territories.
Section 219 projects address critical community needs including wastewater treatment facilities, water supply and distribution systems, stormwater management infrastructure, surface water protection, and environmental restoration. These projects support public health, environmental quality, and economic development in communities that have secured congressional authorization for USACE assistance.
Congress has continued to expand Section 219 in recent legislation. WRDA 2022 added 132 new Section 219 authorities and amended 24 existing authorities. WRDA 2024 authorized an additional 193 new Section 219 authorities and amended 53 existing authorities, providing a combined $5.4 billion increase in authorization of appropriations. WRDA 2024 also established a seven-year pilot program to increase the federal cost share from 75 percent to 90 percent for Section 219 projects benefiting economically disadvantaged communities.
Unlike traditional USACE water resource projects, Section 219 assistance does not require completion of the agency's standard feasibility study process. However, projects receiving Section 219 assistance must comply with applicable federal environmental laws, including the National Environmental Policy Act.
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