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Executive Orders: Issuance and Revocation

Executive orders and proclamations are used extensively by Presidents to achieve policy goals, set uniform standards for managing the executive branch, or outline a policy view intended to influence the behavior of private citizens. The Constitution does not define these presidential instruments and does not explicitly vest the President with the authority to issue them. Nonetheless, such orders are accepted as an inherent aspect of presidential power, and, if based on appropriate authority, they have the force and effect of law. This report discusses the nature of executive orders and proclamations, with a focus on the scope of presidential authority to execute such instruments and judicial and congressional responses thereto.

In the 111 th Congress, several bills have been introduced regarding the revocation and modification of executive orders: H.R. 35, H.R. 500/S. 237, H.R. 603, H.R. 1228, H.R. 3465, H.R. 4453, and S. 2929. Other bills on executive orders proposed in this Congress are prescriptive and contain provisions that do not necessarily revoke or require alteration of executive orders: H.R. 21, H.R. 292, H.R. 669, H.R. 1082, H.R. 1367, H.R. 3293, S. 237, and S. 2929. In some cases, these bills may expand upon existing executive orders.

The 111 th Congress has also passed several laws with provisions related to existing executive orders: P.L. 111-5, the American Recovery and Reinvestment Act of 2009 (ARRA); P.L. 111-8, the Omnibus Appropriations Act, 2009; P.L. 111-80, the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010; and P.L. 111-117, the Consolidated Appropriations Act, 2010. Additionally, President Obama has issued an executive order titled Patient Protection and Affordable Care Act's Consistency with Longstanding Restrictions on the Use of Federal Funds for Abortion, which was discussed during the House floor debate on H.R. 3590/P.L. 111-148.  summary Congressional Research Service