President Trump has issued an Executive Order to increase oversight over all executive departments and agencies, including independent regulatory agencies such as the FCC, Federal Trade Commission, and the U.S. Securities and Exchange Commission. 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. The Executive Order states that this process will ensure “[p]residential supervision and control of the entire executive branch.” The Office of Management and Budget (OMB) has been directed to provide guidance on the implementation of this Executive Order to the heads of all executive departments and agencies.
Additionally, on an ongoing basis, OMB will review independent regulatory agencies’ obligations for consistency with the President’s policies and priorities. 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. Furthermore, the Executive Order states that the President’s and Attorney General’s opinions on questions of law are controlling on all executive branch employees in the conduct of their official duties.
