Executive Order 12866

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Executive Order 12866 in the United States, issued by President Clinton in 1993, requires a benefit-cost analysis for any new regulation that is "economically significant", which is defined as having "an annual effect on the economy of $100 million or more or adversely affect[ing] in a material way the economy, a sector of the economy, productivity, competition, [or] jobs," or creating an inconsistency with other law, or any of several other conditions.^[1] The Order established a "regulatory philosophy" and several "principles for regulation", among them requirements to explicitly identify the problem to be addressed,^[2] determine whether existing regulations created or contributed to the problem,^[3] assess alternatives to direct regulation,^[4] and design regulations in the most cost-effective manner possible.^[5] Section § 1(a) summarizes this regulatory philosophy as follows:

Federal agencies should promulgate only such regulations as are required by law, are necessary to interpret the law, or are made necessary by compelling public need, such as material failures of private markets to protect or improve the health and safety of the public, the environment, or the well-being of the American people.

Agencies were directed to fulfill these requirements though economic analysis,^[6] most notably the preparation of Regulatory Impact Analyses (RIAs).^[7] Regulations within this definition are colloquially termed "economically significant".