Executive Order 12875: Enhancing the Intergovernmental Partnership

President: Bill Clinton

Required consultation on unfunded mandates and faster consideration of eligible waiver requests; EO 13132 later replaced the federalism framework and revoked it.

Status: Revoked — by EO 13132 in 1999.

Is Executive Order 12875 still in effect? No. EO 13132 revoked it in 1999.

What does Executive Order 12875 do?

EO 12875 directed executive agencies to consult state, local and tribal officials before certain discretionary rules imposing unfunded mandates, and to streamline eligible waiver requests with a 120-day decision target where lawful. GAO later found that EPA used consultation procedures developed for this order in its 1995 guidance under the Unfunded Mandates Reform Act. GAO reported this for selected agencies; it did not establish that every federal rule received effective consultation. EO 13132 revoked the order in 1999.

Administration position: The order described unfunded mandates and slow waiver processes as strains on subnational governments. Those findings explained the consultation policy but did not eliminate statutory requirements.
SignedOctober 26, 1993
Effective dateJanuary 24, 1994
Waiver target120 days for complete eligible applications

Before and after

Before the order

Agencies followed their statutes and existing review procedures without EO 12875’s government-wide consultation and waiver directions.

After the order

Covered agencies had consultation and waiver-process duties until EO 13132 replaced the framework in 1999.

Who had to do what

Agency / officeActionTiming / position
Executive agenciesAvoid specified discretionary unfunded mandates or document consultation to OMBBefore promulgation
Executive agenciesCreate timely input processes for affected governmentsDuring regulatory development
Executive agenciesStreamline and decide eligible waiver applicationsTarget of 120 days after a complete application

What happened next

EO 12875 was signed.

The order became effective after 90 days.

EO 13132 expressly revoked EO 12875.