Page:CRS Report 95-772 A.djvu/16

CRS-16 President based this order on his authority under "the Constitution and the laws of the United States of America." Congress, however, explicitly nullified this order by stating that "the provisions of Executive Order 12806 shall not have any legal effect." Since the President's authority in this situation was on tenuous grounds, there was little, if anything, that could prevent Congress from affecting his order.

Congress may also retroactively repeal the statutory authority in which the President based his executive order or proclamation. This would render any executive order or proclamation, issued after the date established by Congress, invalid.

Another means by which Congress may affect executive orders and proclamations based on statutory authority, or where there is concurrent authority, is to amend such language to include a sunset provision. With a sunset provision, Congress may extend the effective period of the necessary provision or let it lapse. If Congress lets the provision lapse, the President will no longer have the authority, with regards to this statute, to act. An example of using a sunset provision involved the National Council on Indian Opportunity (NCIO). The NCIO was established by Executive Order 11399 and later amended by Executive Order 11688. In 1969, Congress appropriated funds to continue the NCIO for five years at which time it would terminate unless unauthorized by Congress. The NCIO is no longer in existence.