Executive Order 13422: Further Amendment to Executive Order 12866 on Regulatory Planning and Review
President: George W. Bush
Amended the regulatory review process in EO 12866, including agency regulatory policy officers.
Status: Revoked. Is Executive Order 13422 still in effect? No. Executive Order 13422 was revoked. See Federal Register record. EO 13497 revoked this order.
What does Executive Order 13422 do?
EO 13497 expressly revoked EO 13422 in January 2009 and directed the OMB Director and agencies to operate under EO 12866 without those Bush-era amendments.
Before and after
Before the order
EO 12866 was the main presidential framework for executive agency regulatory review.
After the order
EO 13497 expressly revoked EO 13422 in January 2009 and directed the OMB Director and agencies to operate under EO 12866 without those Bush-era amendments.
Revocation removed this amendment; EO 12866 itself remained a distinct regulatory review authority.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| Covered agencies and their heads | Document and assess the specific problem warranting regulation; extend specified regulatory principles to guidance. Include each rule’s costs/benefits, annual aggregate estimates, and legal citations in plans. Designate a presidential appointee as Regulatory Policy Officer and notify OMB. Give OIRA advance significant-guidance notice and, on request, draft text plus need/benefit explanation. | Policy-officer designation and OMB notice within 60 days as stated in the amendment; update OMB annually. Significant-guidance notice follows OIRA’s specified times and manner. |
| Agency Regulatory Policy Officers / Regulatory Policy Offices | Approve commencement and plan inclusion of rulemaking unless the agency head specifically authorizes otherwise; ensure significant-guidance notification compliance. | Approval before rulemaking begins or enters the plan; guidance requirements before issuance. |
| OMB Director | May convene agency-head meetings to coordinate the upcoming year’s regulatory priorities; apply the amended oversight provisions to guidance. | No fixed deadline stated. |
| OIRA Administrator | Specify timing and manner of significant-guidance advance notices; may request drafts and need explanations, determine significance, exempt guidance categories, and notify agencies when additional pre-issuance consultation is required. | No fixed deadline stated. |
| OIRA | Consult with agencies considering formal rulemaking procedures for complex determinations. | No fixed deadline stated. |
| Later action | EO 13497 expressly revoked EO 13422 in January 2009 and directed the OMB Director and agencies to operate under EO 12866 without those Bush-era amendments. | January 30, 2009 |
What happened next
EO 13422 signed.
EO 13497 expressly revoked EO 13422 in January 2009 and directed the OMB Director and agencies to operate under EO 12866 without those Bush-era amendments.
Legal and source detail
How it works legally
Revocation removed this amendment; EO 12866 itself remained a distinct regulatory review authority.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
- GovInfo — official executive-order record (opens in a new tab) Official record
How we checked this
Last checked against the sources above on September 26, 2026. How we research →