Executive Order 12866

Summary of Executive Order 12866 – Regulatory Planning and Review (From the Environmental Protection Agency)

58 FR 51735; October 4, 1993

Executive Order (E.O.) 12866 – Regulatory Planning and Review – was issued by President William J. Clinton in 1993. It provides that significant regulatory actions be submitted for review to the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB). A “significant regulatory action,” as defined by the E.O., generally is any regulatory action that is likely to result in a rule that may:

  • Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;
  • Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;
  • Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or
  • Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in this Executive order.

After Federal Register publication of such an action, the E.O. provides that the federal agency promulgating the action and OMB make available to the public the documents exchanged between them during the review. The federal agency must identify any substantive changes between the draft submitted to OMB and the published rule and must identify those changes made at the suggestion or recommendation of OMB.