Executive Order 13913-Establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector
Issued 2020-04-04 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
Executive Order 13913, issued by President Donald J. Trump on April 3, 2020, establishes a new group called the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector. The primary objective of this Committee is to assist the Federal Communications Commission (FCC) in reviewing national security and law enforcement concerns that might arise from foreign involvement in U.S. telecommunications. The Committee reviews applications and licenses for potential risks and can recommend to the FCC actions like dismissing, denying, or conditioning an application, or modifying or revoking a license. Key members of this Committee include the Secretary of Defense, the Attorney General, and the Secretary of Homeland Security.
This executive action directly affects applications and licenses related to foreign participation in the United States telecommunications services sector. The order states its purpose is to "mitigate a risk to the national security or law enforcement interests of the United States," emphasizing that the security, integrity, and availability of U.S. telecommunications networks are vital. While the President has authority to manage the executive branch and create advisory bodies, the constitutionality of this order depends on whether it acts as an advisory group or attempts to restructure agencies in ways that conflict with existing laws.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13913 ("Executive Order 13913-Establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector") restructures or establishes federal entities. The stated purpose: "mitigate a risk to the national security or law enforcement interests of the United States arising from the application." The President has authority to manage the executive branch under Article II, including creating task forces, councils, and working groups within the White House. However, creating independent agencies with binding regulatory authority, or fundamentally restructuring congressionally created departments, typically requires legislative authorization.
The Reorganization Act historically provided a framework for executive reorganization subject to congressional review. Current reorganization authority is more limited. The constitutionality depends on whether this order creates White House advisory bodies (acceptable) or attempts to restructure agencies in ways that conflict with their enabling statutes (questionable).
Official Summary
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