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Executive Orders: Issuance and Revocation Legislative Proposals in the 111ᵗʰ Congress

In the 111ᵗʰ Congress, several bills have been introduced regarding the revocation and modification of executive orders. For example, H.R. 35, H.R. 500/S. 237, and H.R. 1228 would deem particular executive orders to be without force or effect; H.R. 603 would revoke part of an executive order on certain lands identified for conveyance; H.R. 3465 would supersede an executive order; and H.R. 4453 would require the President to revoke an executive order and amend a separate, older executive order to restore the words removed by the executive order to be revoked. S. 2929 would require notice of presidential revocations, modifications, waivers, or suspensions of executive orders, or authorization of such an action, to be published in the Federal Register within 30 days after such action is taken.

Other bills on executive orders proposed in the 111ᵗʰ Congress are prescriptive, and do not necessarily require presidential modification or revocation of executive orders. For example, H.R. 21 would establish a committee in the Executive Office of the President that would succeed a committee established by executive order. H.R. 292 would require the Secretary of Veterans Affairs to ensure that that department is complying with a particular executive order. H.R. 669 would redesignate an office established by an executive order. H.R. 1082 would prohibit importation of foreign-made American flags, regardless of whether their proportions complied with an executive order. H.R. 1367 would expand the applicability of several executive orders to parent companies of foreign entities that commit acts outside the United States that would violate such executive orders if the acts were committed in the United States. H.R. 3293 would prohibit the appropriation or availability of funds for the procurement of goods made by child labor in certain industries and countries, in accordance with an executive order. S. 237 would provide for the continued existence of a council despite termination of an applicable section of an executive order.

Illustrating the fact that executive orders are used to further an administration's policy goals, there are frequent examples of situations in which a sitting President has revoked or amended orders issued by his predecessor. This practice is particularly apparent where Presidents have used these instruments to assert control over and influence the agency rulemaking process. President Ford, for instance, issued Executive Order 11821, requiring agencies to issue inflation impact statements for proposed regulations. President Carter altered this practice with Executive Order

 6 Congressional Research Service