Ensuring Accountability for All Agencies

[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

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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

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.

tory 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.

ormation 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.

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

[[Page 10448]]

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.''.

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

ncy 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.

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.

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