Policy Backgrounders

Current Efforts to Redefine Control of the Administrative State

February 21, 2025

Two exceptionally broad Executive Orders seek to restrict sharply the powers of independent regulatory agencies and the regulatory work of the Departments and agencies of the Executive Branch, sometimes called the “administrative state.” The Orders seek Presidential control over independent regulatory agencies and expand the work of the Department of Government Efficiency (DOGE) in the adoption of new regulations and the repeal of current regulations.

• The first Order requires that independent agencies wishing to issue regulations must consult with the Office of Management and Budget (OMB), which will also exercise greater power over agencies’ budgets and prohibit agencies from expressing views on legal matters different from those of the President and Attorney General.
• The only exception is for the Federal Reserve in determining monetary policy; banking regulations and other Fed functions are covered.
• The second Order expands the work of DOGE to all agencies, requires a list of regulations to be repealed, and directs agencies to de-prioritize enforcement of certain regulations in consultation with OMB, potentially bringing issues such as mergers and enforcement actions into the White House for decision.
• The Orders will likely lead to significant litigation.