President Trump signed an executive order on Jan. 18 that prohibits career bureaucrats (also known as desk officers, i.e., officials who are not appointed by the president) from authorizing and having the final say on new federal rules.
In the order, Trump said, “The head of a federal agency chosen by the president may exercise executive authority and carry out the agenda for which he or she is in charge. By electing the president, the American people choose who governs them.”
“However, some agencies have decided to blur the lines of these democratic accountabilities by allowing career officials to authorize, approve and serve as the final word on regulations,” Trump said, “a practice that transfers the president’s authority to set the rules that govern the daily lives of the American people by assigning executive subordinates to national election officials who have nothing to do with accountability.”
“This practice undermines the power of Americans to choose who governs the people, and I will direct that steps be taken to end this practice.”
This Trump executive order directs that new federal agency rules must be initiated and signed by presidential appointees (senior appointees) who will have the sole discretion to approve the agency’s regulatory agenda.
President Trump issued the order two days before the inauguration of President-elect Joe Biden.
Agency heads may apply for a waiver if compliance with the executive order would interfere with public safety. The order states that notice of the waiver must be published in the Federal Register.
The order prohibits agencies from delegating rulemaking authority to anyone other than a senior presidential appointee. The order requires agency heads to determine whether current delegations of authority and agency rules are consistent with the new authority.
The order directs agency heads to review rules developed in the past 12 years to determine whether they were issued by senior appointees. The agency head must transmit the results of the report to the President within 90 days.
The order targets rules made and approved by unelected bureaucrats, whom Trump has long criticized for having too much power. The order is retroactive and covers rules made by former President Barack Obama during his eight years in office. Other than a report to the president, the order does not specify what remedies should be available for rules promulgated by career bureaucrats.
Trump has issued a series of executive orders in the final days of his first term. On Monday, he also signed orders aimed at protecting Americans from overcriminalization for violating federal regulations and requiring government agencies to assess the risks of Chinese-made drones and reduce national security threats.
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