President Trump issued an Executive Order to increase oversight over all executive departments and agencies, including independent regulatory agencies such as the FCC, reports Womble Bond Dickinson’s Rural Spectrum Scanner. Specifically, all executive departments and agencies are required to submit for review all proposed and final significant regulatory actions to the White House’s Office of Information and Regulatory Affairs before publication of the regulatory action in the Federal Register. This means the White House will review potential regulations before an agency seeks comment from the public, notes Ars Technica.
The Executive Order says this process will ensure “[p]residential supervision and control of the entire executive branch.” The Executive Order is titled, “Ensuring Accountability for All Federal Agencies.” In the text, the White House says, “Previous administrations have allowed so-called ‘independent regulatory agencies’ 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.”
The document adds that “these practices undermine such regulatory agencies’ accountability to the American people and prevent a unified and coherent execution of Federal law.” It says increasing accountability to the American people is why the changes are being made.
The OMB Director shall provide guidance on implementation of this order to the heads of executive departments and agencies. “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,” according to the order.
OMB will review independent regulatory agencies’ obligations for consistency with the President’s policies and priorities on an ongoing basis. Independent regulatory agency chairs are mandated to regularly consult with OMB, the White House Domestic Policy Council, and the White House National Economic Council on policies and priorities, notes Rural Spectrum Scanner.
By Leslie Stimson, Inside Towers Washington Bureau Chief
Reader Interactions