[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:
(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.
[[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.
(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.
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).
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:
(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