Executive Order 12866: Regulatory Planning and Review
President: Bill Clinton
Established government-wide regulatory principles, planning and OIRA review for significant agency actions; the framework remains in current official use with later modifications.
Status: In effect as amended.
Is Executive Order 12866 still in effect? Yes. Continuing regulatory-review framework, as modified by later presidential actions.
What does Executive Order 12866 do?
EO 12866 directs covered executive agencies to identify the problem being addressed, consider alternatives and assess benefits and costs within the limits of governing statutes. It established central review by the Office of Information and Regulatory Affairs for significant regulatory actions, a unified planning process and procedures for resolving executive-branch disagreements. Later presidents supplemented or amended the framework. EO 14148 revoked EO 14094 in January 2025 without revoking EO 12866, and the current RegInfo system continues to identify EO 12866 as the basis for regulatory review.
Before and after
Before the order
EOs 12291 and 12498 governed centralized regulatory review and planning.
After the order
EO 12866 revoked those orders and established the planning and OIRA-review framework used by later administrations.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| Executive agencies | Assess need, alternatives, benefits and costs and follow planning requirements | For covered regulatory actions |
| OIRA | Review significant regulatory actions and coordinate concerns | Before covered agency action |
| Agencies and OIRA | Disclose specified review records after action | Under the order’s public-disclosure process |
What happened next
EO 12866 established the framework and revoked EOs 12291 and 12498.
EO 13563 reaffirmed and supplemented the framework.
EO 14148 revoked EO 14094, a 2023 amendment, but did not revoke EO 12866.
RegInfo continued to describe active regulatory review under EO 12866.
Legal and source detail
How it works legally
EO 12866 is an internal executive-branch review framework. It preserves agency authority and statutory duties, excludes independent regulatory agencies from important operative provisions, and states that it creates no judicially enforceable right. A rule’s validity depends on its statute and applicable administrative law, not OIRA review alone.
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.
- RegInfo — regulatory review dashboard (opens in a new tab) Official record
How we checked this
Last checked against the sources above on September 14, 2026. How we research →