Ensuring Accountability for All Agencies

This executive order subjects all independent regulatory agencies to presidential supervision and OIRA review of significant regulations, establishes White House liaisons in those agencies, gives OMB authority to adjust their budget apportionments, and declares that the President and Attorney General's legal interpretations are binding on all executive branch employees.

Federal Register Open PDF 90 FR 10447

Impact dates

Apr 19, 2025
Independent regulatory agencies begin OIRA submissions

Key directives

All executive departments and agencies, including independent agencies, must submit proposed and final significant regulatory actions to OIRA before Federal Register publication
OMB Director must provide implementation guidance to newly covered agencies
Agency submissions by independent regulatory agencies must commence within earlier of 60 days from order date or completion of implementation guidance
OMB Director shall establish performance standards and management objectives for independent agency heads
OMB Director shall review and adjust independent regulatory agencies' apportionments by activity, function, project, or object
Independent regulatory agency chairmen must regularly consult with OMB, Domestic Policy Council, and National Economic Council directors
Independent regulatory agencies must establish White House Liaison positions (GS-15, Schedule C)
Independent regulatory agency chairmen must submit strategic plans to OMB for clearance prior to finalization
President and Attorney General's legal opinions are controlling on all executive branch employees; no employee may advance contrary interpretation without authorization

Who is ordered

Timeline

Immediate

OIRA review requirement takes effect for newly covered agencies
binding legal interpretation rule takes effect

Near term (90d)

OMB must issue implementation guidance
independent regulatory agencies must begin OIRA submissions within 60 days or upon guidance completion
agency heads must establish White House Liaison positions

Long term

ongoing OMB performance reviews of independent agency heads
ongoing apportionment adjustments to align with presidential priorities
structural shift in balance of power between executive branch and independent agencies

Risks & tensions

Potential legal challenges based on statutory independence protections for agencies like FCC, SEC, FTC
Federal Reserve monetary policy exempted but financial supervision covered—boundary may be contested
Apportionment power could be used to defund enforcement or policy activities Congress mandated
Binding legal interpretation provision may conflict with agency statutory interpretation authority and create litigation uncertainty
White House Liaison as Schedule C political appointee in independent agencies is novel and may face resistance