President issues Executive Order on authority over independent agencies

On February 18, 2025, President Trump signed an executive order stating that all executive departments and agencies, including the Federal Communications Commission and other independent agencies, must “submit for review all proposed and final significant regulatory actions to the Office of Information and Regulatory Affairs (OIRA) within the Executive Office of the President before publication in the Federal Register,” and directing the Office of Management and Budget (OMB) to establish performance standards and management objectives for independent agency heads. Other provisions of the EO require regulatory agency heads to establish a new “White House Liaison” position, submit agency strategic plans to OMB for clearance prior to finalization, and direct OMB to adjust independent agencies' apportionments to ensure tax dollars are spent consistent with Presidential policies. In addition, the EO states that “the President and the Attorney General, subject to the President's supervision and control, shall provide authoritative interpretations of law for the executive branch. The President and the Attorney General's opinions on questions of law are controlling on all employees in the conduct of their official duties. No employee of the executive branch acting in their official capacity may advance an interpretation of the law as the position of the United States that contravenes the President or the Attorney General's opinion on a matter of law, including but not limited to the issuance of regulations, guidance, and positions advanced in litigation, unless authorized to do so by the President or in writing by the Attorney General.”