Competencies

Executive Order 14215 of February 18, 2025: Ensuring Accountability for All Agencies injects the President and the Department of Justice/Attorney General directly into the regulatory and interpretive processes of all agencies. Read:

Although specifically targeting "independent regulatory agencies" (such as the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), the Securities and Exchange Commission (SEC), etc.) to bring them more fully under the control of the executive branch, this executive order also injects the President and the Department of Justice/Attorney General directly into the regulatory and interpretive processes using general language that could be applicable to all agencies.

Section 7 of Executive Order 14125 provides:

"Sec. 7. Rules of Conduct Guiding Federal Employees' Interpretation of the Law. 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."

The White House Fact Sheet on Executive Order 14125 summarizes this directive, stating that:

"The President and the Attorney General (subject to the President’s supervision and control) will interpret the law for the executive branch, instead of having separate agencies adopt conflicting interpretations."

This may impact how quickly and responsively guidance can be issued on regulations governed by agencies like DHS, DOS, DOL, EoEd, etc.