doctrine
Ensuring Lawful Governance and Implementing the President's “Department of Government Efficiency” Deregulatory Initiative
No action observed
Agency heads, with DOGE Team Leads and the OMB Director, will initiate a review of all regulations under their jurisdiction for consistency with law and Administration policy.
“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.” (p. 1)
Deadline passed · no action observed
Agency heads will identify regulations falling into seven specified classes (unconstitutional, unlawful delegations, not the best reading of statute, major questions, cost-benefit failures, harmful to national interest, or burdensome on small business) within 60 days.
“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” (p. 1)
No action observed
Agencies will prioritize review of rules that meet the definition of 'significant regulatory action' under EO 12866.
“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” (p. 1)
Deadline passed · no action observed
Agency heads will provide OIRA a list of all identified regulations within 60 days.
“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.” (p. 1)
No action observed
The OIRA Administrator will consult with agency heads to develop a Unified Regulatory Agenda seeking to rescind or modify the identified regulations.
“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.” (p. 1)
No action observed
Agencies will generally de-prioritize enforcement of regulations not based on the best reading of a statute or that exceed constitutional federal power.
“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.” (p. 2)
No action observed
Agency heads will determine whether ongoing enforcement of identified regulations complies with law and Administration policy, and direct termination of non-compliant enforcement proceedings on a case-by-case basis.
“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.” (p. 2)
No action observed
Agency heads will consult with DOGE Team Leads and the OIRA Administrator on potential new regulations, applying the factors in section 2(a) of this order in addition to EO 12866.
“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.” (p. 2)
No action observed
The Director of OMB will issue implementation guidance as appropriate.
“The Director of the Office of Management and Budget shall issue implementation guidance, as appropriate.” (p. 2)