2. Executive Office of the President · Notable
Maintain Executive Order 12866 as the basis of OIRA review
Printed page 49 2. Executive Office of the President
“The President should maintain Executive Order (EO) 12866, the foundation of OIRA's review of regulatory actions.”
What has happened
- Done
OIRA said it in as many words. M-25-20, the guidance implementing section 3 of EO 14192, carries a heading "EO 12866 Continues in Force" and states that "EO 12866 remains the primary governing EO regarding regulatory planning and review" and that agencies "must continue to assess and consider both the benefits and costs of regulatory actions, including deregulatory actions."
- Done
EO 12866 was kept as the foundation of OIRA review and extended rather than replaced. EO 14215 amends section 3(b) of EO 12866 — the definition of "agency" — so that independent regulatory agencies fall inside the existing framework; it does not revoke or supersede the 1993 order. Every regulatory order this administration has issued since builds on it: EO 14192 hangs the deregulatory budget on EO 12866's Regulatory Plan, EO 14219 and EO 14267 prioritize review of actions that are "significant" as EO 12866 defines the term, and EO 14294 routes criminal regulatory offences through EO 12866 review.
Research log
What was searched, and what didn’t count as evidence
Research notes
Read at govinfo: EO 14192, EO 14215, EO 14219, EO 14267 and EO 14294, all of which invoke EO 12866 by name. The Biden amendment to EO 12866 — EO 14094, Modernizing Regulatory Review — was revoked by EO 14148 section 2(ddd); that revocation is the Evidence for #46, and it restores rather than displaces the 1993 order.
- Action
- other
- Object
- Executive Order 12866
- ID
- 43