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.

Administration position: The order said centralized planning, benefit-and-cost assessment and public disclosure would make regulation more effective and legitimate. These are stated regulatory principles, not proof that every reviewed rule achieved them.
SignedSeptember 30, 1993
Review officeOffice of Information and Regulatory Affairs
Core scopeSignificant regulatory actions by covered executive agencies

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 / officeActionTiming / position
Executive agenciesAssess need, alternatives, benefits and costs and follow planning requirementsFor covered regulatory actions
OIRAReview significant regulatory actions and coordinate concernsBefore covered agency action
Agencies and OIRADisclose specified review records after actionUnder 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.