As President of the United States, I hereby issue this order based on the authority granted to me by the Constitution.
Section 1: Purpose The Constitution gives the President the executive power to ensure that federal laws are executed properly. Since the President cannot manage every task alone, the Constitution allows for other officials to help with these duties. However, these officials must still operate under the President’s supervision. Regular elections and the separation of powers help keep the government accountable to the American people.
In the past, some independent regulatory agencies have acted with little oversight from the President. These agencies now have significant power but lack accountability, making it difficult for the President to ensure that they are following the law responsibly.
To make the executive branch more efficient and accountable, the President shall oversee all actions within it. All federal departments and agencies, including independent ones, must submit their major regulatory actions to the Office of Information and Regulatory Affairs (OIRA) for review before they can be published.
Section 2: Key Definitions
For this order:
- Employees: This term is defined under section 2105 of title 5, United States Code.
- Independent Regulatory Agency: Defined under section 3502(5) of title 44, United States Code. This order does not apply to the Board of Governors of the Federal Reserve System in its monetary policy role, but it does apply to its functions related to supervising financial institutions.
- Chairman: Refers to the leading officer of an independent regulatory agency.
- Head: This includes anyone appointed to oversee these agencies.
Section 3: OIRA Review for Regulations
Agencies must comply with the revised section 3(b) of Executive Order 12866, which also includes the Federal Election Commission. The Board of Governors of the Federal Reserve System is exempt from this order regarding monetary policy.
The Director of the Office of Management and Budget (OMB) will guide departments and agencies on following this new order, starting within 60 days or once implementation guidance is complete.
Section 4: Performance Standards
The OMB Director will set performance standards for independent agency heads. Regular updates will be provided to the President on how these agencies are meeting their goals.
Section 5: Funding Review
OMB will continually review independent agencies’ spending to ensure it aligns with the President’s priorities.
Section 6: Coordination with the White House
Agency chairmen must coordinate their policies with OMB and other White House councils. They will also appoint a White House Liaison to facilitate communication and strategic planning.
Section 7: Legal Interpretations
The President and the Attorney General will provide legal interpretations guiding federal employees. Employees cannot promote interpretations that contradict these views unless given explicit permission.
Section 8: General Provisions
If any part of this order is found invalid, the rest remains effective. This order does not change current laws or create enforceable rights against the government. Implementation will follow the law and available funds.