Samantha: Hello, this is Samantha Shares.
This episode covers President Trump's Executive Order: Ensuring
Accountability for All Agencies.
The following is an audio version of that order.
This podcast is educational and is not legal advice.
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And now the executive order.
By the authority vested in me as President by the Constitution and
the laws of the United States of America, it is hereby ordered:
Section 1.
Policy and Purpose.
The Constitution vests all executive power in the President and charges him
with faithfully executing the laws.
Since it would be impossible for the President to single-handedly perform all
the executive business of the Federal Government, the Constitution also provides
for subordinate officers to assist the President in his executive duties.
In the exercise of their often-considerable authority,
these executive branch officials remain subject to the Presidentâs
ongoing supervision and control.
The President in turn is regularly elected by and accountable to the American people.
This is one of the structural safeguards, along with the separation of powers
between the executive and legislative branches, regular elections for the
Congress, and an independent judiciary whose judges are appointed by the
President by and with the advice and consent of the Senate, by which
the Framers created a Government accountable to the American people.
However, previous administrations have allowed so-called âindependent
regulatory agenciesâ to operate with minimal Presidential supervision.
These regulatory agencies currently exercise substantial executive
authority without sufficient accountability to the President, and
through him, to the American people.
Moreover, these regulatory agencies have been permitted to
promulgate significant regulations without review by the President.
These practices undermine such regulatory agenciesâ accountability to the
American people and prevent a unified and coherent execution of Federal law.
For the Federal Government to be truly accountable to the American people,
officials who wield vast executive power must be supervised and controlled
by the peopleâs elected President.
Therefore, in order to improve the administration of the executive
branch and to increase regulatory officialsâ accountability to the
American people, it shall be the policy of the executive branch to
ensure Presidential supervision and control of the entire executive branch.
Moreover, all executive departments and agencies, including so-called independent
agencies, shall submit for review all proposed and final significant regulatory
actions to the Office of Information and Regulatory Affairs (OIRA) within the
Executive Office of the President before publication in the Federal Register.
Sec.
2.
Definitions.
For the purposes of this order:
(a) The term âemployeesâ shall have the meaning given that term in section
2105 of title 5, United States Code.
(b) The term âindependent regulatory agencyâ shall have the meaning
given that term in section 3502(5) of title 44, United States Code.
This order shall not apply to the Board of Governors of the Federal Reserve System
or to the Federal Open Market Committee in its conduct of monetary policy.
This order shall apply to the Board of Governors of the Federal Reserve
System only in connection with its conduct and authorities directly
related to its supervision and regulation of financial institutions.
(c) The term âindependent regulatory agency chairmanâ shall mean, with
regard to a multi-member independent regulatory agency, the chairman of such
agency, and shall mean, with regard to a single-headed independent regulatory
agency, such agencyâs chairman, director, or other presiding officer.
(d) The term âheadâ of an independent regulatory agency shall mean those
appointed to supervise independent regulatory agencies and in whom the
agenciesâ authorities are generally vested, encompassing the chairman,
director, or other presiding officer, and, as applicable, other
members, commissioners, or similar such officials with responsibility
for supervising such agencies.
Sec.
3.
OIRA Review of Agency Regulations.
(a) Section 3(b) of Executive Order 12866 of September 30, 1993 (âRegulatory
Planning and Reviewâ), as amended, is hereby amended to read as follows:
â(b) âAgency,â unless otherwise indicated, means any authority
of the United States that is an âagencyâ under 44 U.S.C.
3502(1), and shall also include the Federal Election Commission.
This order shall not apply to the Board of Governors of the Federal Reserve System
or to the Federal Open Market Committee in its conduct of monetary policy.
This order shall apply to the Board of Governors of the Federal Reserve
System only in connection with its conduct and authorities directly
related to its supervision and regulation of financial institutions.â.
(b) The Director of the Office of Management and Budget (OMB) shall
provide guidance on implementation of this order to the heads of executive
departments and agencies newly submitting regulatory actions under
section 3(b) of Executive Order 12866.
Agency submissions by independent regulatory agencies under such
section shall commence within the earlier of 60 days from the
date of this order, or completion of such implementation guidance.
Sec.
4.
Performance Standards and Management Objectives.
The Director of OMB shall establish performance standards and management
objectives for independent agency heads, as appropriate and consistent
with applicable law, and report periodically to the President on
their performance and efficiency in attaining such standards and objectives.
Sec.
5.
Apportionments for Independent Regulatory Agencies.
The Director of OMB shall, on an ongoing basis:
(a) review independent regulatory agenciesâ obligations for
consistency with the Presidentâs policies and priorities; and
(b) consult with independent regulatory agency chairmen and adjust such
agenciesâ apportionments by activity, function, project, or object, as
necessary and appropriate, to advance the Presidentâs policies and priorities.
Such adjustments to apportionments may prohibit independent regulatory
agencies from expending appropriations on particular activities, functions,
projects, or objects, so long as such restrictions are consistent with law.
Sec.
6.
Additional Consultation with the Executive Office of the President.
(a) Subject to subsection (b), independent regulatory agency chairmen
shall regularly consult with and coordinate policies and priorities
with the directors of OMB, the White House Domestic Policy Council, and the
White House National Economic Council.
(b) The heads of independent regulatory agencies shall establish
a position of White House Liaison in their respective agencies.
Such position shall be in grade 15 of the General Schedule and shall be placed
in Schedule C of the excepted service.
(c) Independent regulatory agency chairmen shall submit agency strategic
plans developed pursuant to the Government Performance and Results
Act of 1993 to the Director of OMB for clearance prior to finalization.
Sec.
7.
Rules of Conduct Guiding Federal Employeesâ Interpretation of the Law.
The President and the Attorney General, subject to the Presidentâs
supervision and control, shall provide authoritative interpretations
of law for the executive branch.
The President and the Attorney Generalâs opinions on questions of law
are controlling on all employees in the conduct of their official duties.
No employee of the executive branch acting in their official capacity may
advance an interpretation of the law as the position of the United States
that contravenes the President or the Attorney Generalâs opinion on a matter
of law, including but not limited to the issuance of regulations, guidance, and
positions advanced in litigation, unless authorized to do so by the President
or in writing by the Attorney General.
Sec.
8.
General Provisions.
(a) If any provision of this order, or the application of any provision to
any person or circumstance, is held to be invalid, the remainder of this order
and the application of its provisions to any other persons or circumstances
shall not be affected thereby.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department,
agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and
Budget relating to budgetary, administrative, or legislative proposals.
(c) This order shall be implemented consistent with applicable law and subject
to the availability of appropriations.
(d) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party against
the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
This concludes the presidential order.
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This is Samantha Shares and we Thank you for listening.