Increasing Efficiency At the Office of the Federal Register
TLDR
This executive order directs the Archivist of the United States to work with the Government Publishing Office to reduce publication delays for the Federal Register, particularly for deregulatory actions. It requires reports on publication times within 15 days and by August 2025, plus a review of publication fees within 45 days. Critics argue it oversimplifies regulations as burdens, creates new bureaucracy while claiming to reduce it, sets rushed deadlines, and strains NARA resources. Though legally within presidential authority to direct executive agencies, significant changes to the Federal Register system might require congressional approval.
This executive order focuses on streamlining the publication process for the Federal Register, particularly for deregulatory actions. President Trump identifies delays in publishing regulatory changes as an impediment to his administration’s deregulation agenda. The order directs the Archivist of the United States to work with the Government Publishing Office to reduce publication delays, modernize systems, and review the fee structure for Federal Register publications. It requires two reports: one within 15 days on current publication times and another by August 22, 2025, to measure improvements. The order also mandates a review of publication fees within 45 days to ensure they reflect actual costs.
This order presents deregulation as a universal good while overlooking the purpose and benefits of many regulations. The characterization of regulations as solely a “heavy burden” is misleading, as regulations often protect public health, safety, consumer rights, and environmental quality.
The order assumes that publication delays are due to inefficiency rather than necessary review processes. Federal Register publication involves careful examination to ensure accuracy, consistency, and compliance with legal requirements - not just simple data entry as implied.
The order creates new bureaucratic requirements (multiple reports, fee reviews) while claiming to reduce bureaucracy. This internal contradiction undermines its stated efficiency goals.
The fee complaint ($151-$174 per column) lacks context - these costs cover expert editorial review, legal verification, formatting, indexing, and permanent archiving of federal rules, not just printing.
The timeline established (reports within 15 and 45 days, with follow-up by August) creates rushed deadlines that may compromise quality and thoroughness of the review process.
The order places significant new demands on the National Archives and Records Administration without clearly providing additional resources, potentially straining an already under-resourced agency.
The President does have legal authority to issue this executive order. The National Archives and Records Administration (NARA), which oversees the Office of the Federal Register, is an executive agency under presidential authority. The President, as head of the executive branch, can direct executive agencies on administrative matters related to their operations.
This order falls within the President’s Article II powers to oversee the executive branch. The order directs administrative improvements rather than creating new substantive law, which would require congressional action.
The order specifically acknowledges legal limitations in Section 3(b): “This order shall be implemented consistent with applicable law and subject to the availability of appropriations.” This standard provision recognizes that the executive order cannot override existing statutes or appropriate funds.
While legal, this order operates in an area where Congress has significant authority. The Federal Register Act (44 U.S.C. Chapter 15) established the publication system, and Congress maintains oversight and funding authority over NARA and the Government Publishing Office.
The executive order can direct agencies to review processes and develop reports, but actual changes to publication fees would need to comply with existing laws regarding cost recovery for government services. Significant changes to the Federal Register system might require congressional approval or amendments to the Federal Register Act.
Previous presidents have issued similar orders directing administrative improvements in regulatory processes and publication methods, establishing precedent for this type of executive action.
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.
Deregulation is a critical priority for my Administration. We will foster prosperity by freeing Americans from the heavy burden of Federal regulations accumulated over decades. Although the decision about which regulations to eliminate is sometimes complex, the administrative process of removing a regulation from the Code of Federal Regulations through a rulemaking should be simple. It is not.
The Office of the Federal Register frequently takes days or, in some cases, even weeks to publish new regulatory actions. Such delay is unwarranted. The Office of the Federal Register receives final documents that are fully executed by the relevant decisionmakers — all that remains is publication. Yet despite those delays, executive departments and agencies are charged $151-$174 per column of text to publish each rule in the_Federal Register_. These inefficiencies inhibit my Administration’s deregulatory agenda and waste taxpayer money.
Sec. 2.
Increasing Efficiency in the_Federal Register.
(a) The Archivist of the United States (Archivist), acting through the Office of the Federal Register, shall work with the Director of the Government Publishing Office to reduce publication delays to the greatest extent feasible, including by modernizing computer systems and eliminating unnecessary bureaucracy.
(b) Within 15 days of the date of this order, the Archivist, acting through the Office of the Federal Register, shall submit a report to the Director of the Office of Management and Budget (OMB) reflecting average publication times for different categories of documents.
© Within 45 days of the date of this order, the Archivist, acting through the Office of the Federal Register, shall review the fee schedules for publication in the_Federal Register_and, working with the Director of the Government Publishing Office, take steps to ensure that fees are based on the actual costs of publication and account for increased efficiencies achieved as a result of this order. The Archivist, acting through the Office of the Federal Register, shall promptly file a report with the Director of OMB calculating the percentage difference in fees between any proposed new fee schedule and the prior one.
(d)No later than August 22, 2025, the Archivist, acting through the Office of the Federal Register, shall submit a second report to the Director of OMB reflecting average publication times between July 15, 2025, and August 15, 2025, for the same categories of documents on which the Office of the Federal Register reported under subsection (b) of this section.
Sec. 3.
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 or 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.
© 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.
(d) The costs for publication of this order shall be borne by the National Archives and Records Administration.
DONALD J. TRUMP
THE WHITE HOUSE,
May 9, 2025.