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Presidential Oversight of Agencies

icon favorite Feb 24, 2025
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Presidential Oversight of Agencies

Presidential Oversight of Agencies

Date Signed: February 18, 2025

Signed by: President Donald J. Trump

Executive Summary

This executive order establishes stronger presidential oversight over independent regulatory agencies to ensure accountability and adherence to executive policies. It mandates that all significant regulatory actions be reviewed by the Office of Information and Regulatory Affairs (OIRA) and sets performance standards for agency heads. It also requires consultation with the Executive Office of the President to align agency actions with the administration's priorities.

Key Provisions

  • Presidential Supervision of Independent Agencies (Sec. 1)

    • Independent regulatory agencies must submit all proposed and final significant regulatory actions to OIRA before publication.

    • Ensures that executive power remains under the President’s supervision for accountability.

  • Definitions (Sec. 2)

    • Defines key terms such as "independent regulatory agency," "independent regulatory agency chairman," and "head" of an independent regulatory agency.

    • The term "independent regulatory agency" is defined as outlined in section 3502(5) of title 44, United States Code. This order does not apply to the Board of Governors of the Federal Reserve System or the Federal Open Market Committee in monetary policy matters but does apply to financial institution regulation.

  • OIRA Review of Agency Regulations (Sec. 3)

    • Amends Executive Order 12866 to include independent agencies under regulatory review.

    • Requires agency submissions to begin within 60 days of this order or upon guidance from the Office of Management and Budget (OMB).

  • Performance Standards and Management Objectives (Sec. 4)

    • Directs the OMB Director to establish performance standards for independent agency heads and report on their efficiency in achieving these goals.

  • Budgetary Oversight of Independent Agencies (Sec. 5)

    • OMB will review agency obligations to ensure consistency with presidential policies.

    • Allows OMB to adjust agency funding allocations to align with executive priorities, provided adjustments comply with the law.

  • Consultation with the Executive Office of the President (Sec. 6)

    • Independent regulatory agency heads must consult with OMB and other White House policy councils.

    • Agencies must establish a White House Liaison position to coordinate with the administration.

    • Agency strategic plans must be submitted to OMB for approval before finalization.

    • These consultations are intended to enhance coordination and ensure that independent agencies operate in alignment with the administration's broader policy goals.

    • Regular meetings will be held to review agency progress, discuss strategic initiatives, and address any potential regulatory conflicts.

  • Rules for Federal Employees' Interpretation of Law (Sec. 7)

    • The President and Attorney General provide authoritative legal interpretations for the executive branch.

    • Federal employees cannot promote legal interpretations that contradict those of the President or Attorney General without explicit authorization.

  • In Scope Agencies

    • Board of Governors of the Federal Reserve System,
    • Commodity Futures Trading Commission, 
    • Consumer Product Safety Commission, 
    • Federal Communications Commission, 
    • Federal Deposit Insurance Corporation,
    • Federal Energy Regulatory Commission,
    • Federal Housing Finance Agency,
    • Federal Maritime Commission,
    • Federal Trade Commission,
    • Interstate Commerce Commission,
    • Mine Enforcement Safety,
    • Health Review Commission,
    • National Labor Relations Board,
    • Nuclear Regulatory Commission,
    • Occupational Safety and Health Review Commission,
    • Postal Regulatory Commission,
    • Securities and Exchange Commission,
    • Bureau of Consumer Financial Protection,
    • Office of Financial Research,
    • Office of the Comptroller of the Currency, and
    • any other agency designated by statute as a Federal independent regulatory agency or commission.

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