Key Findings
- Centralization of power in the presidency: The order explicitly aims to increase presidential supervision and control over all executive agencies, including those traditionally considered independent.
- Undermining agency autonomy: The requirement for all regulatory actions to be reviewed by the Office of Information and Regulatory Affairs (OIRA) before publication suggests a move to exert greater presidential influence over policy decisions.
- Emphasis on presidential interpretation of law: The order grants the President and Attorney General the authority to provide controlling interpretations of law, potentially overshadowing judicial and agency interpretations.
Most Concerning Aspect
The explicit curtailment of independent agency authority and the concentration of regulatory power within the Executive Office of the President.
Evidence
"“Therefore, in order to improve the administration of the executive branch and to increase regulatory officials’ 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.”"