Ensuring Accountability for All Agencies
The order brings all independent regulatory agencies — including the FTC, SEC, FCC, and CFPB — under mandatory White House review of significant regulations for the first time, and declares the President's and Attorney General's legal interpretations binding on every executive branch employee.
It marks a fundamental expansion of direct presidential control over agencies that have historically operated with substantial independence from White House oversight, affecting how hundreds of major federal rules are reviewed and whose legal views govern agency conduct.
What this order does
What it orders
The order amends Executive Order 12866 to require all independent regulatory agencies to submit proposed and final significant regulatory actions to OIRA — the White House's regulatory review office — before publication in the Federal Register. It directs the OMB Director to set performance standards and management objectives for independent agency heads and to review their budget apportionments for alignment with the President's policies, with authority to restrict spending on particular activities. Each independent agency chairman must consult regularly with the OMB Director, the White House Domestic Policy Council, and the White House National Economic Council, establish a Schedule C "White House Liaison" position at the GS-15 level, and submit strategic plans to OMB for clearance before finalization. Section 7 declares that the President's and Attorney General's interpretations of law are controlling on all executive branch employees — no employee may advance a legal position that contradicts them in regulations, guidance, or litigation without authorization.
The Federal Reserve is substantially excepted: its monetary policy conduct and the Federal Open Market Committee's decisions are entirely excluded. The Fed falls within the order only regarding its supervision and regulation of financial institutions. The order also includes a standard severability clause and states it creates no enforceable rights against the United States.
Who it affects
All independent regulatory agencies and their leadership — including multi-member commissions such as the FTC, SEC, FCC, NLRB, and CFPB — are directly directed to act. All executive branch employees are bound by Section 7's legal-interpretation rule. Industries subject to regulation by these agencies are indirectly affected as the regulatory process changes.
Why it matters
Agencies that have historically issued major rules without White House review must now route significant rulemakings through OIRA, which can delay or reshape them. Agency lawyers and officials can no longer take legal positions in court or in guidance that diverge from the Attorney General's view without written authorization, constraining agency legal autonomy.
What must happen and when
How the order is supposed to work
The OMB Director issues implementation guidance first; independent agencies must begin OIRA submissions within 60 days of signing or upon guidance completion, whichever comes first. Each agency chairman hires a presidentially appointed (Schedule C) White House Liaison to maintain ongoing coordination. OMB reviews budget apportionments on a rolling basis and can restrict spending on specific activities. Strategic plans must clear OMB before finalization. Section 7's legal-interpretation rule takes effect immediately upon signing. The order contains a severability clause but no sunset provision.
Actions and deadlines
- Independent regulatory agencies begin submitting significant regulatory actions to OIRA for review
- OMB Director issue implementation guidance to independent agencies newly covered by OIRA review
- OMB Director establish performance standards and management objectives for independent agency heads
- Independent regulatory agency chairmen establish a White House Liaison position at each agency
- Independent regulatory agency chairmen submit agency strategic plans to OMB Director for clearance before finalization
Agencies directed to act
Authority and reach
What this order changes
Amends Executive Order 12866