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The White House | The White House

President issues order for tighter control over independent regulatory agencies

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The President has issued a new executive order aimed at ensuring greater accountability of federal agencies to the executive branch. This move is intended to strengthen the oversight and control of regulatory actions by these agencies.

According to the order, "the Constitution vests all executive power in the President and charges him with faithfully executing the laws." The document outlines that it would be impossible for the President alone to manage all executive business, thus necessitating subordinate officers who remain under presidential supervision. It further emphasizes that previous administrations have allowed independent regulatory agencies to operate with minimal oversight from the President, which undermines their accountability.

To address this issue, the order states that all executive departments and agencies must submit significant regulatory actions for review by the Office of Information and Regulatory Affairs (OIRA) within the Executive Office of the President before publication in the Federal Register. This policy aims to ensure unified execution of federal law and increase accountability to the American people.

The order also provides definitions relevant to its implementation. For instance, an "independent regulatory agency" is defined as per section 3502(5) of title 44, United States Code. Notably, it excludes certain functions of the Board of Governors of the Federal Reserve System related to monetary policy.

Additionally, Section 3 amends Executive Order 12866 concerning "Regulatory Planning and Review," expanding its application scope. It mandates that agency submissions by independent regulatory agencies should commence within 60 days or upon completion of implementation guidance provided by the Director of OMB.

The order also introduces performance standards and management objectives for heads of independent agencies, with periodic reports on their efficiency submitted to the President. Moreover, it requires ongoing consultation between independent agency chairmen and various White House offices.

Furthermore, authoritative interpretations of law will be provided by "the President and Attorney General," whose opinions are binding on federal employees in official duties unless otherwise authorized.

In conclusion, this executive order seeks to enhance accountability across federal agencies by enforcing presidential oversight over significant regulatory actions while maintaining adherence to applicable laws and appropriations availability.

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