Executive Order 14215 establishes a significant shift in the relationship between the presidency and independent regulatory agencies by asserting increased presidential control over these bodies. The order frames the current regulatory structure as problematic, claiming that independent regulatory agencies exercise "substantial executive authority without sufficient accountability to the President, and through him, to the American people." According to the order, this lack of presidential supervision undermines democratic accountability and prevents "unified and coherent execution of Federal law." The order positions itself as restoring constitutional principles by ensuring that officials who wield executive power are properly supervised by the elected President.
The order implements several specific mechanisms to increase presidential control over independent regulatory agencies. It amends Executive Order 12866 to require all independent regulatory agencies (with limited exceptions for the Federal Reserve's monetary policy functions) to submit their proposed and final significant regulatory actions to the Office of Information and Regulatory Affairs (OIRA) for review before publication. This review requirement begins either 60 days from the order's date or upon completion of implementation guidance from the Office of Management and Budget (OMB). Additionally, the order directs the OMB Director to establish performance standards for independent agency heads and review these agencies' budget obligations for consistency with presidential priorities. The OMB Director is also granted authority to adjust independent agencies' apportionments, potentially restricting expenditures on specific activities to advance presidential policies.
Implementation of the order involves several governance structures and accountability mechanisms. Independent regulatory agency chairmen must regularly consult with the directors of OMB, the White House Domestic Policy Council, and the National Economic Council. Each independent regulatory agency must establish a Schedule C excepted service position of White House Liaison at the GS-15 level. Strategic plans from these agencies must receive OMB clearance before finalization. The order also establishes that the President and Attorney General provide authoritative legal interpretations for the executive branch, and no executive branch employee may advance contrary legal interpretations in their official capacity without specific authorization. While the order includes standard provisions that it should be implemented consistent with applicable law, its directives represent a substantial restructuring of regulatory governance, potentially concentrating significant additional authority in the presidency while reducing the functional independence of regulatory agencies.