Ensuring Lawful Governance and Implementing the President’s “Department of Government Efficiency” Regulatory Initiative
- Foreign Policy
- Economy
- Defense
- Immigration
- Energy
- Environment
- Infrastructure
- Homeland
- Technology
- Justice
This executive order directs a comprehensive review of existing federal regulations to identify and potentially rescind those deemed unlawful, unconstitutional, or detrimental to the national interest.
Agencies are tasked with reviewing regulations according to specified criteria, prioritizing those with significant costs or impacts.
The aim is to limit federal overreach, improve regulatory efficiency, and restore the constitutional separation of powers.
The order also establishes a process for reviewing proposed regulations through the Office of Management and Budget.
Arguments For
Intended benefits: Streamlines regulations, reduces regulatory burdens on businesses and individuals, enhances efficiency of government operations, promotes consistency with constitutional principles and statutory authority. The initiative aims to restore a constitutional balance of governmental power.
Evidence cited: The order cites inconsistencies in existing regulations with the constitution and laws. While not providing specific examples at this stage, the review process itself is presented as evidence of the need for action.
Implementation methods: The order establishes a process for reviewing existing and proposed regulations, with agencies identifying and classifying those that meet specific criteria. A Unified Regulatory Agenda will be created to seek rescission or modification of identified regulations.
Legal/historical basis: The order asserts its authority based on the President's constitutional powers and existing laws governing regulatory processes. It references Executive Orders 12866 and 13422, demonstrating a legal framework for the review and revision of regulations.
Arguments Against
Potential impacts: Businesses may experience uncertainty during the review process. Overly broad or hastily implemented changes could negatively impact public health, safety, or the environment. The extensive regulatory review may overload agencies and result in inefficient use of resources.
Implementation challenges: The extensive review mandated could prove time-consuming and resource-intensive. Challenges may arise in determining what constitutes a “best reading” of statutory authority. The reliance on agencies to self-identify problematic regulations leaves room for bias or incompleteness.
Alternative approaches: Incremental reform of regulations, targeted review of specific problematic regulations rather than a broad-brush approach, increased public consultation and engagement during regulatory review. Alternative approaches might involve prioritizing certain sectors or regulatory issues for review.
Unintended effects: Accelerated deregulation in some areas could lead to increased environmental damage, reduced worker protection, or other negative societal consequences. There's concern that the initiative may be used to reverse important protections or limit the effective administration of the government’s duties.
Section 1. Purpose. It is the policy of my Administration to focus the executive branch’s limited enforcement resources on regulations squarely authorized by constitutional Federal statutes, and to commence the deconstruction of the overbearing and burdensome administrative state. Ending Federal overreach and restoring the constitutional separation of powers is a priority of my Administration.
The administration's policy is to concentrate enforcement on regulations explicitly authorized by federal law and reduce the perceived burden of excessive government regulation.
Restoring the balance of power between branches of government is stated as a core goal.
Sec. 2. Rescinding Unlawful Regulations and Regulations That Undermine the National Interest. (a) Agency heads shall, in coordination with their DOGE Team Leads and the Director of the Office of Management and Budget, initiate a process to review all regulations subject to their sole or joint jurisdiction for consistency with law and Administration policy. Within 60 days of the date of this order, agency heads shall, in consultation with the Attorney General as appropriate, identify the following classes of regulations: (i) unconstitutional regulations and regulations that raise serious constitutional difficulties, such as exceeding the scope of the power vested in the Federal Government by the Constitution; (ii) regulations that are based on unlawful delegations of legislative power; (iii) regulations that are based on anything other than the best reading of the underlying statutory authority or prohibition; (iv) regulations that implicate matters of social, political, or economic significance that are not authorized by clear statutory authority; (v) regulations that impose significant costs upon private parties that are not outweighed by public benefits; (vi) regulations that harm the national interest by significantly and unjustifiably impeding technological innovation, infrastructure development, disaster response, inflation reduction, research and development, economic development, energy production, land use, and foreign policy objectives; and (vii) regulations that impose undue burdens on small business and impede private enterprise and entrepreneurship. (b) In conducting the review required by subsection (a) of this section, agencies shall prioritize review of those rules that satisfy the definition of “significant regulatory action” in Executive Order 12866 of September 30, 1993 (Regulatory Planning and Review), as amended. (c) Within 60 days of the date of this order, agency heads shall provide to the Administrator of the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget a list of all regulations identified by class as listed in subsection (a) of this section. (d) The Administrator of OIRA shall consult with agency heads to develop a Unified Regulatory Agenda that seeks to rescind or modify these regulations, as appropriate.
This section mandates a review of all regulations to identify those inconsistent with law or administration policy.
Seven categories of regulations are defined as targets for potential rescission, ranging from unconstitutional regulations to those significantly impacting the national interest or small businesses.
Agencies must prioritize review of significant regulations and report their findings to the Office of Information and Regulatory Affairs (OIRA) to create a unified plan of action.
Sec. 3. Enforcement Discretion to Ensure Lawful Governance. (a) Subject to their paramount obligation to discharge their legal obligations, protect public safety, and advance the national interest, agencies shall preserve their limited enforcement resources by generally de-prioritizing actions to enforce regulations that are based on anything other than the best reading of a statute and de-prioritizing actions to enforce regulations that go beyond the powers vested in the Federal Government by the Constitution. (b) Agency heads shall determine whether ongoing enforcement of any regulations identified in their regulatory review is compliant with law and Administration policy. To preserve resources and ensure lawful enforcement, agency heads, in consultation with the Director of the Office of Management and Budget, shall, on a case-by-case basis and as appropriate and consistent with applicable law, then direct the termination of all such enforcement proceedings that do not comply with the Constitution, laws, or Administration policy.
Agencies are instructed to prioritize enforcement of regulations that are soundly based in law and within constitutional bounds, de-prioritizing those identified as problematic in Section 2.
Agency heads have the authority to terminate enforcement proceedings inconsistent with legal requirements.
Sec. 4. Promulgation of New Regulations. Agencies shall continue to follow the processes set out in Executive Order 12866 for submitting regulations for review by OIRA. Additionally, agency heads shall consult with their DOGE Team Leads and the Administrator of OIRA on potential new regulations as soon as practicable. In evaluating potential new regulations, agency heads, DOGE Team Leads, and the Administrator of OIRA shall consider, in addition to the factors set out in Executive Order 12866, the factors set out in section 2(a) of this order.
The existing regulatory submission process is to remain consistent, however greater consultation will take place early in developing a new regulation.
Existing and prospective regulations must be evaluated based on the criteria previously listed.
Sec. 5. Implementation. The Director of the Office of Management and Budget shall issue implementation guidance, as appropriate.
The Office of Management and Budget will provide further guidance as needed on implementing this order.
Sec. 6. Definitions. (a) “Agency” has the meaning given to it in 44 U.S.C. 3502, except it does not include the Executive Office of the President or its components. (b) “Agency head” shall mean the highest-ranking official of an agency, such as the Secretary, Administrator, Chairman, or Director. (c) “DOGE Team Lead” shall mean the leader of the DOGE Team at each agency as described in Executive Order 14158 of January 20, 2025 (Establishing and Implementing the President’s “Department of Government Efficiency”). (d) “Enforcement action” means all attempts, civil or criminal, by any agency to deprive a private party of life, liberty, or property, or in any way affect a private party’s rights or obligations, regardless of the label the agency has historically placed on the action. (e) “Regulation” shall have the meaning given to “regulatory action” in section 3(e) of Executive Order 12866, and also includes any “guidance document” as defined in Executive Order 13422 of January 18, 2007 (Further Amendment to Executive Order 12866 on Regulatory Planning and Review). (f) “Senior appointee” means an individual appointed by the President, or performing the functions and duties of an office that requires appointment by the President, or a non-career member of the Senior Executive Service (or equivalent agency system).
Definitions are provided for key terms used throughout the order ensuring clarity and consistent understanding of the policies outlined.
These definitions help to clarify the scope of actions undertaken under this order.
Sec. 7. Exemptions. Notwithstanding any other provision in this order, nothing in this order shall apply to: (a) any action related to a military, national security, homeland security, foreign affairs, or immigration-related function of the United States; (b) any matter pertaining to the executive branch’s management of its employees; or (c) anything else exempted by the Director of the Office of Management and Budget.
The order specifies exemptions for military and national security, employee management, and any other topics the Office of Management and Budget decides should be excluded.
Sec. 8. Severability. If any provision of this order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of its provisions to any other persons or circumstances shall not be affected thereby.
If any portion of the order is deemed invalid, the remainder of the order remains in effect.
Sec. 9. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department, agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
The order clarifies that it does not reduce the existing authorities of executive agencies or the Office of Management and Budget responsibilities.
Implementation is stated as being consistent with existing law and dependent on available funding.
The order does not create any legally enforceable rights.