Documents › Executive orders › 14215
Executive Order 14215
Ensuring Accountability for All Agencies
Signed February 18, 2025, printed at 90 FR 10447. 7 sections of substance, 1,401 words.
This order gives the White House more say over agencies that once ran free. Their rules must be cleared first.
Sec. 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
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
This sets out the case the order makes. It says the Constitution gives the President all executive power. It says he cannot do all the work alone. It says lesser officers help him do it. It says they stay under his control. It says he answers to the voters at the polls.
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 [[Page 10448]] regulatory
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 [[Page 10448]] regulatory
This defines the terms. Employee takes its meaning from federal law. So does the phrase independent agency. The Federal Reserve is left out for money policy. It is covered for its work over banks. Chairman means the head of such a body.
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
(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
This is about White House review of rules. A 1993 order is amended. The word agency now covers more bodies. The election commission is added. The Federal Reserve is left out for money policy. It is covered for bank supervision. The budget office must issue 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.
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.
This sets standards. The budget office must write them. They apply to the heads of independent agencies. Management goals go with them. The law sets the limits. The budget office must then report to the President. Those reports cover how well each head meets the standards.
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.
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.
This is about spending. The budget office must review what those agencies plan. It must check that plans fit the President's aims. It may adjust what they may spend. That can be done by activity or project. It may bar spending on some work. Such limits must still follow the 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.
(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.
This calls for closer contact. Agency chairs must meet with three White House offices. Each agency must create a liaison post. That post sits at a set pay grade. It is placed in a political job class. Strategic plans must be cleared by the budget office.
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 [[Page 10449]] 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.
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 [[Page 10449]] 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.
This is about legal advice. The President and the Attorney General settle what the law means. Their view binds every worker in the branch. No worker may take a different line. That holds in rules, guidance and court filings. Only the two of them may allow otherwise.
Sec. 8. General Provisions
Every order carries this. It is not what the order does.
(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.
(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.
This is the standard severability clause. If a court strikes down part of the order, the rest still stands.
How this order is quoted
Each section is quoted as the order prints it, under its own number and heading. Executive orders are United States government works and are not under copyright. Long sections are cut at a sentence and the whole order is a click away.