[Federal Register Volume 90, Number 35 (Monday, February 24, 2025)]
[Presidential Documents]
[Pages 10447-10449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03063]
Presidential Documents
Federal Register / Vol. 90, No. 35 / Monday, February 24, 2025 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 10447]]
Executive Order 14215 of February 18, 2025
Ensuring Accountability for All Agencies
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered:
Section 1. Policy and Purpose. The Constitution vests
all executive power in the President and charges him
with faithfully executing the laws. Since it would be
impossible for the President to single-handedly perform
all the executive business of the Federal Government,
the Constitution also provides for subordinate officers
to assist the President in his executive duties. In the
exercise of their often-considerable authority, these
executive branch officials remain subject to the
President's ongoing supervision and control. The
President in turn is regularly elected by and
accountable to the American people. This is one of the
structural safeguards, along with the separation of
powers between the executive and legislative branches,
regular elections for the Congress, and an independent
judiciary whose judges are appointed by the President
by and with the advice and consent of the Senate, by
which the Framers created a Government accountable to
the American people.
However, previous administrations have allowed so-
called ``independent regulatory agencies'' to operate
with minimal Presidential supervision. These regulatory
agencies currently exercise substantial executive
authority without sufficient accountability to the
President, and through him, to the American people.
Moreover, these regulatory agencies have been permitted
to promulgate significant regulations without review by
the President.
These practices undermine such regulatory agencies'
accountability to the American people and prevent a
unified and coherent execution of Federal law. For the
Federal Government to be truly accountable to the
American people, officials who wield vast executive
power must be supervised and controlled by the people's
elected President.
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.
Sec. 2. Definitions. For the purposes of this order:
(a) The term ``employees'' shall have the meaning
given that term in section 2105 of title 5, United
States Code.
(b) The term ``independent regulatory agency''
shall have the meaning given that term in section
3502(5) of title 44, United States Code. This order
shall not apply to the Board of Governors of the
Federal Reserve System or to the Federal Open Market
Committee in its conduct of monetary policy. This order
shall apply to the Board of Governors of the Federal
Reserve System only in connection with its conduct and
authorities directly related to its supervision and
regulation of financial institutions.
(c) The term ``independent regulatory agency
chairman'' shall mean, with regard to a multi-member
independent regulatory agency, the chairman of such
agency, and shall mean, with regard to a single-headed
independent
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regulatory agency, such agency's chairman, director, or
other presiding officer.
(d) The term ``head'' of an independent regulatory
agency shall mean those appointed to supervise
independent regulatory agencies and in whom the
agencies' authorities are generally vested,
encompassing the chairman, director, or other presiding
officer, and, as applicable, other members,
commissioners, or similar such officials with
responsibility for supervising such agencies.
Sec. 3. OIRA Review of Agency Regulations. (a) Section
3(b) of Executive Order 12866 of September 30, 1993
(``Regulatory Planning and Review''), as amended, is
hereby amended to read as follows:
``(b) ``Agency,'' unless otherwise indicated, means
any authority of the United States that is an
``agency'' under 44 U.S.C. 3502(1), and shall also
include the Federal Election Commission. This order
shall not apply to the Board of Governors of the
Federal Reserve System or to the Federal Open Market
Committee in its conduct of monetary policy. This order
shall apply to the Board of Governors of the Federal
Reserve System only in connection with its conduct and
authorities directly related to its supervision and
regulation of financial institutions.''.
(b) The Director of the Office of Management and
Budget (OMB) shall provide guidance on implementation
of this order to the heads of executive departments and
agencies newly submitting regulatory actions under
section 3(b) of Executive Order 12866. Agency
submissions by independent regulatory agencies under
such section shall commence within the earlier of 60
days from the date of this order, or completion of such
implementation guidance.
Sec. 4. Performance Standards and Management
Objectives. The Director of OMB shall establish
performance standards and management objectives for
independent agency heads, as appropriate and consistent
with applicable law, and report periodically to the
President on their performance and efficiency in
attaining such standards and objectives.
Sec. 5. Apportionments for Independent Regulatory
Agencies. The Director of OMB shall, on an ongoing
basis:
(a) review independent regulatory agencies'
obligations for consistency with the President's
policies and priorities; and
(b) consult with independent regulatory agency
chairmen and adjust such agencies' apportionments by
activity, function, project, or object, as necessary
and appropriate, to advance the President's policies
and priorities. Such adjustments to apportionments may
prohibit independent regulatory agencies from expending
appropriations on particular activities, functions,
projects, or objects, so long as such restrictions are
consistent with law.
Sec. 6. Additional Consultation with the Executive
Office of the President. (a) Subject to subsection (b),
independent regulatory agency chairmen shall regularly
consult with and coordinate policies and priorities
with the directors of OMB, the White House Domestic
Policy Council, and the White House National Economic
Council.
(b) The heads of independent regulatory agencies
shall establish a position of White House Liaison in
their respective agencies. Such position shall be in
grade 15 of the General Schedule and shall be placed in
Schedule C of the excepted service.
(c) Independent regulatory agency chairmen shall
submit agency strategic plans developed pursuant to the
Government Performance and Results Act of 1993 to the
Director of OMB for clearance prior to finalization.
Sec. 7. Rules of Conduct Guiding Federal Employees'
Interpretation of the Law. The President and the
Attorney General, subject to the President's
supervision and control, shall provide authoritative
interpretations of law for the executive branch. The
President and the Attorney General's opinions on
questions of law are controlling on all employees in
the conduct of their official duties. No employee of
the executive branch acting in their
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official capacity may advance an interpretation of the
law as the position of the United States that
contravenes the President or the Attorney General's
opinion on a matter of law, including but not limited
to the issuance of regulations, guidance, and positions
advanced in litigation, unless authorized to do so by
the President or in writing by the Attorney General.
Sec. 8. General Provisions. (a) If any provision of
this order, or the application of any provision to any
person or circumstance, is held to be invalid, the
remainder of this order and the application of its
provisions to any other persons or circumstances shall
not be affected thereby.
(b) Nothing in this order shall be construed to
impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the
head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(c) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(d) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
February 18, 2025.
[FR Doc. 2025-03063
Filed 2-21-25; 8:45 am]
Billing code 3395-F4-P