Executive Orders: Issuance and Revocation

Vanessa K. Burrows
Legislative Attorney

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 to their issuance.

The 112th Congress has introduced several bills and resolutions that cite existing executive orders. Some proposed bills and resolutions are prescriptive: H.R. 740, H.Res. 99, H.Res. 134/S.Res. 80. Other legislation, such as H.R. 1307, would nullify an executive order or, as in H.R. 968, may be construed as an attempt to limit the President’s authority to implement an executive order. In some cases, bills would add new conditions to, or are based upon, existing executive orders. For example, H.R. 474 would prohibit the importation for sale of an American flag produced or manufactured in a foreign country, regardless of whether it complies with proportions set in an executive order. In other cases, such as H.R. 142, legislative proposals would make particular actions contingent upon the President’s issuance of an executive order.

The 112th Congress also has held and planned hearings, introduced legislation, and passed an amendment in response to a draft executive order that the Obama Administration is reportedly considering. The draft executive order would require entities submitting offers for federal contracts to disclose certain political “contributions” and “expenditures.” H.R. 1906, the Fairness in Federal Contracting Act of 2011, was introduced in response to the draft executive order. H.R. 1906 would prohibit an executive agency from requiring an entity submitting an offer for a federal contract or participating in acquisition of property or services by the federal government to disclose certain political contributions, expenditures, and disbursements of funds as a condition of submitting the offer or participation. On May 25, 2011, the House passed an amendment, H.Amdt. 310, to the National Defense Authorization Act, H.R. 1540, which contains the same language as H.R. 1906.


Date of Report: May 27, 2011
Number of Pages: 12
Order Number: RS20846
Price: $29.95

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