Ensuring Lawful Governance and Implementing the President's "Department of Government Efficiency" Deregulatory Initiative

[Federal Register Volume 90, Number 36 (Tuesday, February 25, 2025)]

[Presidential Documents]

[Pages 10583-10585]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2025-03138]

Presidential Documents

Federal Register / Vol. 90, No. 36 / Tuesday, February 25, 2025 /

Presidential Documents

[[Page 10583]]

Executive Order 14219 of February 19, 2025

Ensuring Lawful Governance and Implementing the

President's ``Department of Government Efficiency''

Deregulatory Initiative

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, it is hereby ordered:

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.

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:

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.

trepreneurship.

(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.

[[Page 10584]]

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.

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.

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.

Sec. 5. Implementation. The Director of the Office of

Management and Budget shall issue implementation

guidance, as appropriate.

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.

Sec. 5. Implementation. The Director of the Office of

Management and Budget shall issue implementation

guidance, as appropriate.

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).

(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).

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.

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.

[[Page 10585]]

Sec. 9. General Provisions. (a) Nothing in this order

shall be construed to impair or otherwise affect:

son 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.

[[Page 10585]]

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.

(Presidential Sig.)

THE WHITE HOUSE,

February 19, 2025.

[FR Doc. 2025-03138

Filed 2-24-25; 8:45 am]

Billing code 3395-F4-P