Executive Order 13132: Federalism
President: Bill Clinton
Requires agencies to respect federalism principles, consult state and local officials and assess policies that significantly affect states.
Status: In effect.
Is Executive Order 13132 still in effect? Yes. EO 13132 remains an operative federalism review standard; DOE applied it in a proposed rule published September 22, 2026.
What does Executive Order 13132 do?
EO 13132 established a single executive-branch approach to policies with substantial direct effects on states, the federal-state relationship, or the distribution of government responsibilities. Clinton linked the order to the Constitution's division of powers and the Unfunded Mandates Reform Act. Its practical audience was federal rule writers, legislative-policy staff and officials managing programs in which states administer federal requirements. Signed order.
The order combined principles with procedural checks. Agencies had to examine the legal basis and necessity of actions limiting state discretion, consult elected state and local officials when practicable, and preserve flexibility in state administration. For certain regulations imposing substantial direct compliance costs, agencies had to provide federal funding or conduct early consultation and supply a federalism summary impact statement. Rules preempting state law carried their own consultation and impact-statement requirements. This was consultation and explanation, not a state veto over federal action. Signed order.
Before and after
Before the order
Four earlier federalism and intergovernmental orders overlapped: EO 12612, EO 12875, EO 13083 and the order suspending EO 13083. EO 13132 expressly revoked all four. Other systems, including intergovernmental program review under EO 12372 and centralized regulatory review under EO 12866, continued alongside the new requirements. Signed order.
After the order
Agency heads had to identify an accountable federalism official and explain their consultation process to OMB. Draft final rules and proposed legislation with federalism implications required that official's certification. A state requesting a legally discretionary waiver also gained a stated target for a decision: 120 days after the agency received a complete application, where practicable and permitted by law. Signed order. Sources: DOE proposed rule: current federalism assessment; EPA explanation of federalism obligations.
Who had to do what
| Agency / office | Action | Timing / position |
|---|---|---|
| Executive agency heads | Examine federalism impacts, consult state and local officials, fund qualifying compliance costs or meet consultation conditions, and streamline lawful waiver procedures. | Before affected rules; complete waiver decisions within 120 days where practicable and lawful. |
| Designated agency federalism officials | Describe consultation process to OMB and certify relevant draft rules and legislation complied meaningfully and promptly. | Designation and process submission within 90 days after the order became effective; certifications with submissions. |
| OMB Director | Receive impact statements, state/local written communications and agency certifications; confer on implementation. | Confer with state and local officials within 180 days after effective date. |
| Assistant to the President for Intergovernmental Affairs | Join OMB in conferring with state and local officials on effective implementation. | Within 180 days after effective date. |
| Independent regulatory agencies | Consider following the federalism framework. | Encouraged compliance; no mandatory deadline. |
What happened next
Clinton signed EO 13132. Official source
The order became effective after its specified 90-day delay. Official source
DOE assessed its proposed part 708 regulations under EO 13132 and found no federalism implications. Official source
Legal and source detail
How it works legally
Federalism analysis does not itself expand or contract Congress's legislative jurisdiction. Section 4 directs agencies to construe statutes as preempting state law only when the statutory text, clear congressional intent or a direct conflict supports that conclusion. An agency regulating under delegated authority must respect the boundaries of that delegation. The waiver provision applies only to requirements the agency actually has discretion to waive; it cannot waive a mandatory statute merely because a state requests flexibility. Independent regulatory agencies are encouraged, rather than commanded, to follow the order. Section 11 makes this an internal-management direction without a privately enforceable benefit. Current rule preambles therefore often conclude that an action has no federalism implications; that finding is an application of the framework, not evidence that the order has expired. Signed order. Sources: DOE proposed rule: current federalism assessment; EPA explanation of federalism obligations.
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.
How we checked this
Last checked against the sources above on October 2, 2026. How we research →