On February 19, President Trump issued an executive order directing agency heads, in coordination with the Department of Government Efficiency (DOGE) and the Director of the Office of Management and Budget (OMB), to review all regulations that fall under the agency’s jurisdiction and create a list of regulations that are:  

• unconstitutional or constitutionally difficult; 

• unlawful delegations of power;  

• unclear on statutory authority;  

• imposing significant costs to private businesses that are not outweighed by public benefits;  

• harmful to the national interests (such as impending technological innovation, infrastructure development, inflation reduction, and economic development);  

• imposing undue burden to small and private businesses.   

Within 60 days, agency heads will provide lists of regulations that fall under the defined categories and consult with the Office of Information and Regulatory Affairs (OIRA) on a Unified Regulatory Agenda to rescind or modify the identified regulations.  

The executive order also directs agency heads to de-prioritize enforcing regulations beyond their “best read” of a statute or that exceed constitutional powers of the federal government.  

This executive order does not apply to agencies with actions related to “military, national security, homeland security, foreign affairs, or immigration-related function to the United States.” The OMB Director has the authority to apply further exemptions.  

This executive order continues the Trump administration’s deregulatory agenda, which includes rescinding OMB’s Circular A-4 updates, requiring federal agencies to identify 10 potential regulations for recission or elimination for every new proposed regulation, and directing independent agencies to submit their regulations to OIRA.