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Executive Order 11599. In 1972, President Nixon established a Special Action Office for Drug Abuse Prevention, by executive order. Although it appeared that Congress was in concurrence with the establishment of this office, it also seemed as though the Director was given more authority than Congress may have wished. Subsequently, Congress established, through legislation, a Special Office for Drug Abuse Prevention in which the Director was given less authority.[1] Thus, Congress utilized its legislative powers to repeal portions of an executive order, while permitting the President's office to remain intact.
Other Means of Affecting Executive Orders and Proclamations
There are also methods of amending or repealing an executive order or proclamation that do not involve Congress. The President may amend or repeal an executive order that he issued or that any other President issued. This is done by issuing a similar document and declaring such change. A recent example involved President Clinton's Executive Order 12,866, which altered the regulatory planning and review process which had been in place since 1981.[2] In his order, President Clinton explicitly revoked "Executive Orders 12,291 and 12,498; all amendments to those Executive orders; all guidelines issued under those orders; and any exemptions from those orders heretofore granted for any category of rule." [3]
Moreover, the President may amend or repeal an executive order or proclamation, with the advice and consent of the Senate, through treaty. Executive Order 11618 established the foundation of the legislative and executive branches of government on the Ryukyu Islands[4] Shortly thereafter, the United States, by treaty, returned the administration of the Ryukyu Islands back to Japan.[5] Thus, Executive Orders 11618 and 10713 were repealed by treaty.
Executive orders and proclamations may also be terminated by the terms of the presidential action. In other words, an executive order may be temporary. Executive Order 12664 was a temporary order which established an Emergency Board to investigate a dispute between the Port Authority Trans-Hudson Co. and certain of its employees represented by the Brotherhood of Locomotive Engineers.[6] The Emergency Board remained in existence until it submitted its final report about 60 days after the order was issued. Thus, Executive Order 12664 was self terminated.
- ↑ 21 U.S.C. § 1113 (repealed 1988).
- ↑ Exec. Order No. 12,866, 58 Fed. Reg. 51735 (1993).
- ↑ Id. at Sec. 11.
- ↑ Exec. Order No. 11618, 3 CFR, 1971-1975 Comp., p. 610, amending Exec. Order No. 10713, 22 Fed. Reg. 4007.
- ↑ TIAS 7314, 23 UST 446 (May 15, 1972).
- ↑ 3 CFR, 1989 Comp., p. 206 (Jan. 6, 1989).
