Addressing Risks from Jenner & Block (Trump EO Tracker)

The Order institutes a new Civil Service Rule XI to ensure agencies effectively utilize probationary and trial periods. Civil Service Rule XI supersedes subpart H and requires agencies to affirmatively determine that the continued employment of individuals serving probationary or trial periods would benefit the federal service before the appointment is finalized. Civil Service Rule II is amended by removing section 2.4 of part 2 of title 5, Code of Federal Regulations. The rule determines the meaning of a probationary and trial period and sets guidance for assessment at the end of the trial or probationary period. At the completion of the period, the employee will either be terminated from their agency or certified as an appointment that advances public interest. The Order is effective immediately, and the requirements will become effective 90 days from April 24, 2025. 

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The Order seeks to promote artificial intelligence (AI) literacy and proficiency among Americans through integration of AI into education, providing training for educators, and fostering early exposure to AI concepts and technology to develop an AI- ready workforce. The Order establishes a new interagency White House Task Force on Artificial Intelligence Education to implement policies related to AI education and to establish public-private partnerships to develop online resources focused on teaching K-12 students foundational AI literacy and critical thinking skills. Directs the Secretary of Education to prioritize use of AI in discretionary grant programs for teacher training and the Secretary of Labor to increase participation in AI-related Registered Apprenticeships. 

Seeks to optimize and target federal investments in workforce development to align with U.S. reindustrialization needs and equip American workers to fill demand for skilled trades and other occupations. The Order requires the Secretaries of Labor, Commerce, and Education to conduct a review of federal workforce development programs and to submit a plan on expanding registered apprenticeships to new industries and occupations to reach and surpass 1 million new active apprentices.

Requires the Secretary of Education to hold accreditors accountable who fail to meet the applicable recognition criteria or otherwise violate Federal law, including by requiring accreditation seeking institutions to engage in diversity, equity, and inclusion practices through denial, monitoring, suspension, or termination of accreditation recognition. The Attorney General and Secretary of Education will investigate unlawful discrimination by American law schools advanced by the American Bar Association’s Council of the Section of Legal Education and Admissions to the Bar, and will also investigate, in conjunction with the Secretary of Health and Human Services, unlawful discrimination by American medical schools advanced by graduate medical education accreditors. Additionally, the Order institutes new principles of student-oriented accreditation, to realign with high-quality, valuable, education for students.

The Order states that the Federal Government will no longer tolerate known risks to children’s safety and well-being in the classroom that result from the application of school discipline based on discriminatory and unlawful “equity” ideology. Requires the Secretary of Education, in consultation with the Attorney General, to implement new guidance to local educational agencies and State educational agencies regarding school discipline and an obligation not to engage in racial discrimination under Title VI in all contexts, including school discipline. Directs the Secretary of Defense to issue a revised school discipline code to protect and enhance the education of the children of America’s military-service families.

The use of disparate-impact liability in all contexts must be eliminated to avoid violating the Constitution and federal civil rights laws. Disparate-impact liability arises where a seemingly neutral policy or practice leads to unequal outcomes for different groups. The policy is scrutinized for its potential to have a disproportionately negative impact on protected groups, regardless of any intent to discriminate. The Presidential approval of July 25, 1966, of the Department of Justice Title VI regulations (31 Fed. Reg. 10269), as applied to 28 C.F.R. 42.104(b)(2) in full and the Presidential approval of July 5, 1973, of the Department of Justice Title VI regulations (38 Fed. Reg. 17955, FR Doc. 73-13407), as applied to the words “or effect” in both places they appear in 28 C.F.R. 42.104(b)(3), and as applied to 28 C.F.R. 42.104(b)(6)(ii) and 28 C.F.R. 42.104(c)(2) in full are revoked. Within 45 days of the Order the Attorney General and the Chair of the Equal Employment Opportunity Commission shall assess all pending investigations, civil suits, or positions taken in ongoing matters under every federal civil rights law that relies on disparate-impact liability theory. Agencies responsible for enforcement of the Equal Credit Opportunity Act must evaluate pending proceedings relying on this theory within 45 days, and all agencies must evaluate existing judgements relying on the theory within 90 days.

The Order requires the Secretary of Education to take all appropriate actions to ensure complete and timely disclosure by higher education institutions of foreign funding. The Secretary will take appropriate steps to reverse or rescind any actions by the prior administration that permit higher education institutions to maintain improper secrecy regarding their foreign funding and require universities to disclose specific details about foreign funding. Audits and investigations will be conducted where appropriate to ensure compliance.