Understanding the complexities of federal policy in both the legislative and executive branches has always been essential for professional engineers. With the second Trump Administration's first 100 days underway, now is an opportune time to revisit the role of executive orders and their impact on federal policy. It is crucial for professionals in both the policy and engineering sectors to understand Executive Orders in an effort to navigate the impacts on industry practices, regulations, and compliance. If necessary, professional engineers should seek guidance from legal counsel to ensure proper understanding and adherence to executive orders.[1]

Executive Orders: A Presidential Directive                                            

What Are Executive Orders? 

Executive Orders (“EOs”) are signed, written, and published directives from President of the United States that have the force of law. Once an EO is signed, it must be followed by federal agencies like the Department of Energy or the Environmental Protection Agency, for example. EOs direct how the agencies should implement specific policies or actions directed by the president. 

How Do They Work?

It is important for professional engineers to remember that EOs do not require Congressional approval, bypassing the legislative process entirely. Some EOs take effect as soon as the president signs it. But other EOs may not have any impact until a government agency takes some additional steps. Very often, an EO requires a federal agency to write a report, undertake an investigation, or promulgate new regulations. Those steps can often take months, and sometimes years. The EO may provide a deadline (for example, telling an agency it has 60 days to make a certain recommendation for action), but a timeline is not a requirement. Federal agency heads, who are appointed by the president, are responsible for carrying out the EO. These agency heads do not have the discretion to ignore or alter these directives without legal challenge.

Can Lobbying Change Them? 

Unlike legislation passed by Congress — which requires approval by the House of Representatives, the Senate, and the president — EOs are more direct and do not require Congressional approval. An EO is a presidential directive, and to overturn or change it, one would need to either persuade the president to issue a new order or challenge it in court. Federal agencies are obligated to follow the directives, and simply advocating within those agencies will not change the EOs unless the order itself is amended.

While EOs can be powerful, traditionally their scope has been limited to areas within the executive branch's authority. This includes federal procurement policies, regulations affecting agencies, and broad national security directives. One thing that sets EOs apart from legislative bills is that EOs can be altered or revoked by a future president. By this nature, it makes them more fluid regarding policy direction. This flexibility means that the changes they enact can be short-lived unless they gain broader support or are later codified into law. While EOs can have significant immediate impacts, they often lack the permanence of laws passed by Congress.

Uncertainty in Execution 

Some EOs from the current administration have raised questions among legal experts regarding potential ambiguity and a lack of clarity. In addition to the lack of clarity in many of these EOs, there is significant uncertainty about how they will hold up in court.

Because these EOs require federal agencies to carry out specific actions, agencies themselves could face legal challenges over how they implement or enforce the EOs. Outside organizations, like businesses, nonprofits, and state or local governments, are often left to navigate these ambiguities without clear guidance. Legal counsel should be consulted when one is concerned about how an EO will be enforced or whether the EO might face legal challenges themselves. Uncertainty can lead to delays, confusion, or potential changes in how organizations respond to or comply with EOs, increasing operational complexity. Additionally, organizations may face challenges if the EOs are contested in court, as ongoing litigation could change the way policies are enacted or interpreted, requiring organizations to adjust their practices accordingly.

NSPE's Monitoring Role: Ensuring Advocacy for Engineers

NSPE and State Society partners continue to advocate for the interests of professional engineers, and continue to keep a close eye on EOs and other key policies, including legislation, regulations, and other relevant actions. These policies can influence the work that professional engineers do, impacting regulatory actions, procurement practices, and even the legal landscape PEs operate within.

Staying informed about executive orders is essential for NSPE. While EOs can be more fluid than legislation, they can still introduce significant changes that affect the public safety standards engineers uphold. As these orders are issued, NSPE will take the following steps:

• Tracking and Analyzing: NSPE rigorously monitors legislative and regulatory activity at both the federal and state levels, proactively identifying potential impacts on federation members and staying ahead of emerging developments that could shape the future of professional practice. Additionally, through participation in key coalitions NSPE is able to monitor the regulatory environment and mandates that affect professional practice. 
• Member Engagement: In addition to tracking these developments, NSPE and integrated federation state partners organize grassroots campaigns to engage members, ensuring they are informed and empowered to take action. NSPE also works closely with federation integrated state partners and members to support navigation of the political process, including their participation in events such as congressional meetings and other key gatherings advocating for the licensed PE and the engineering profession.
• Advocating for Engineers: NSPE and the federation state partners advocate for policies that protect public safety and the integrity of the engineering profession and licensure. NSPE works to ensure that legislation and regulations support the high standards and ethical practices that engineers are committed to, while also defending the professional autonomy and qualifications that are critical to ensuring public trust in the field.
• Educating Members: NSPE is dedicated to keeping members well-informed and prepared. Through regular updates in newsletters, policy statements, and valuable resources, members stay informed about legislative, regulatory, and industry changes. The NSPE federation understands what is changing, why it matters, and how it could impact a PE’s work, practice, and professional development. NSPE’s aim is to provide PEs with the tools and knowledge they need to navigate the evolving landscape of the profession and effectively advocate for their interests.

UPCOMING WEBINARS
 

• March 12      2024 Board of Ethical Review: Case Review and Discussion
• March 26      My Way or the Highway? The Impact: Designing Flexible and Future-Ready RTO Policies
  

Resources for Staying Informed

For those looking to delve deeper into the world of executive orders and their effects on the profession, here are a few key recommended resources:

• whitehouse.gov. Is the official source for executive orders and presidential actions.
• crsreports.congress.gov. The Congressional Research Service is a nonpartisan resource for policy analysis and research, including reports on executive orders and their implications.
• federalregister.gov. Is a publication that provides government agency rules, proposed rules, and public notices, offering a comprehensive look at changes.
• Congress.gov. For legislative information, bills, and voting records.

Conclusion: Staying Ahead in a Changing Landscape

As NSPE continues to navigate changing laws and policies, we will continue to inform and advocate for professional engineers. 

NSPE's mission remains unchanged to foster licensed professional engineers in service to society. NSPE's vision is for a world where the public can be confident that qualified and ethically accountable professionals make engineering decisions affecting their lives. We'll monitor and analyze policy changes and provide updates. As a trusted, nonpartisan organization, NSPE promotes collaboration and knowledge sharing.