On February 19, President Trump signed an executive order titled “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Regulatory Initiative.” The order emphasized the administration’s policy 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.” To achieve this, agency heads, in collaboration with their DOGE team leads and the Director of the Office of Management and Budget, were tasked with reviewing all regulations under their jurisdiction.

This review process, which must be completed within 60 days, will identify regulations that are, among other things, “unconstitutional,” “based on unlawful delegations of legislative power,” or not supported by “the best reading of the underlying statutory authority.” The order further instructed agencies to scrutinize regulations that lack clear statutory authorization for significant social, political or economic implications, impose significant costs without corresponding public benefits, or unjustifiably impede technological innovation and economic development. Agencies were directed to prioritize the review of rules classified as “significant regulatory actions” under Executive Order 12866. Following the review, agency heads must submit a list of identified regulations to the Office of Management and Budget. The Administrator of the Office of Information and Regulatory Affairs (OIRA) will then collaborate with agency heads to develop a Unified Regulatory Agenda to rescind or modify those regulations.

Regarding enforcement, the order directed agencies to conserve resources by de-prioritizing actions that enforce regulations which exceed statutory authority. Agency heads, in consultation with the OMB Director, were instructed to terminate “all such enforcement proceedings that do not comply with the Constitution, laws, or Administration policy.” For the promulgation of new regulations, agencies must adhere to the processes outlined in Executive Order 12866 and consult with DOGE team leads and the OIRA Administrator. The order exempted actions related to military, national security, and other specified functions.