Page images

to provide for the restoration of Federal facilities, and by section 253 of the Act to prescribe time limits for granting priorities for certain public facilities and certain public housing assistance are reserved to the President.

(b) Except as otherwise provided in subsections (a), (c), and (d) of this section, the Director of the Office of Emergency Preparedness is designated and empowered to exercise, without the approval, ratification, or other action of the President, all of the authority vested in the President by the Act.

(c) The Secretary of Defense is designated and empowered to exercise, without the approval, ratification, or other action of the President, all of the authority vested in the President by section 210 of the Act concerning the utilization and availability of the civil defense communications system for the purpose of disaster warnings.

(d) The Secretary of Agriculture is designated and empowered to exercise, without the approval, ratification, or other action of the President, all of the authority vested in the President by section 238 of the Act concerning food coupons and surplus commodities.

Sec. 2. The Director of the Office of Emergency Preparedness may delegate or assign to the head of any agency of the executive branch of the Government, subject to the consent of the agency head concerned in each case, any authority or function delegated or assigned to the Director by the provisions of this order. Any such head of agency may redelegate any authority or function so delegated or assigned to him by the Director to any officer or employee subordinate to such head of agency whose appointment is required to be made by and with the advice and consent of the Senate.

Sec. 3. Rules, regulations, procedures, and documents issued under --the authority of the Act of September 30, 1950 (64 Stat. 1109); the Disaster Relief Act of 1966 (80 Stat. 1316); and the Disaster Relief Act of 1969 (83 Stat. 125) shall remain in effect for purposes of the Act unless otherwise modified, superseded, or revoked by the appropriate Federal official, and, unless inappropriate, all references in those rules, regulations, procedures, and documents or in any Executive order or other document to the Act of September 30, 1950, the Disaster Relief Act of 1966, or the Disaster Relief Act of 1969 shall be deemed to be references to the Act.

Sec. 4. In order to assure the most effective utilization of the personnel, equipment, supplies, facilities, and other resources of Federal agencies pursuant to the Act, agencies shall make and maintain suitable plans and preparations in anticipation of their responsibilities in the event of a major disaster. The Director of the Office of Emergency Preparedness shall coordinate, on behalf of the President, such plans and preparations.

Sec. 5. Executive Order No. 10427 of January 16, 1953, Executive Order No. 10737 of October 29, 1957, and Executive Order No. 11495 of November 18, 1969, are hereby revoked. Unless inappropriate, any reference to those Executive orders in any rule, regulation, procedure, document, or other Executive order, shall be deemed to be a reference to this Executive order.


(Emphasis added.)

Executive Order 11589-April 1, 1971


By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows:

Section 1. The United States Civil Service Commission is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the following:

(a) The authority of the President under section 3376 of title 5 of the United States Code to prescribe regulations for the administration of subchapter VI, “Assignments to and from States," of chapter 33 of that title.

(b) The authority of the President under section 205(a) (4) of the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2286 (a) (4)) and as affected by Reorganization Plan No. 1 of 1958 (72 Stat. 1799), relating to the establishment and maintenance of personnel standards on the merit basis.

Sec. 2. To the extent that section 1(b) of this order is inconsistent with the provisions of Executive Order No. 10952 of July 20, 1961, as amended, section 1 (b) shall control.


Government Publications And Their Use




Revised Edition

The Brookings Institution-Washington, D.C.


The war legislation enacted prior to December 1917, as well as presidential proclamations, executive orders, and analogous legislation since 1775 by the United States, the several states, and the Confederate states, is collected in the volume published by the Department of Justice entitled Emergency Legislation Passed Prior to December 1917 Dealing with the Control and Taking of Private Property for the Public Use, Benefit or Welfare..., by J. Reuben Clark, Jr., 1919 (1,150 pages). There were two editions of this publication-one of 1,150 pages with title as indicated above and a second of 110 + 1,150 pages with one title page reading "Emergency Legislation . . . Summary Memorandum," and a second title page as noted above. The two editions are identical with the exception of the 110 additional pages in the second edition.

The laws and regulations governing World War II are contained in several publications.

The legislative history, amendments, appropriations, cognates, and prior instruments of security are contained in a five-volume monograph entitled The Selective Service Act, published by the Selective Service System, 1954. These volumes contain the following material: Vol. 1 and 2. Text, Chaps. I-XXIV, 797 pp.

Vol. 3. Apps. A-B, 438 pp. This volume contains background instruments of security from 1181 A.D. through Aug. 31, 1918, and legislative foreground documents from June 4, 1920, through Aug. 5, 1940.

Vol. 4. Apps. B-D, 307 pp. This is a continuation of Vol. 3 and covers the legislative foreground documents through Jan. 2, 1941, and the Selective Service Act from Sept. 16, 1940, through amendments to 1954.

Vol. 5. Apps. E-F, 301 pp. This volume contains the appropriations for and cognates of the Selective Service Act, a bibliography, and subject and name indexes.

(Emphasis added.)

*Excerpts from pages 235–238.


The Office of the Judge Advocate General of the Army prepared a publication for the use of the Committee on Military Affairs, United States Senate, 79th Congress, January 1945 (275 pages). This publication contains The National Defense Act, approved June 3, 1916, and the Pay Readjustment Act, approved June 16, 1942, both with amendments to January 1, 1945, and army-navy pay tables.

The principal statutes conferring war powers with particular reference to the circumstances of their termination are contained in Report to the President by the Attorney General Concerning the Limitation, Suspension, or Termination of Emergency, National Defense and War Legislation, Department of Justice, 1945 (97 pages).

Bulletin No. 5, Acts of Congress Applicable in Time of Emergency as of April 12, 1941, Legislative Reference Service, Library of Congress, 1941 (58 pages), contains a brief analysis of those provisions of federal law which are specifically applicable in time of emergency, including war.

The Federal Bureau of Investigation, Department of Justice, compiled the Statutes, Proclamations and Executive Orders Pertaining to National Defense Matters, 1941 (108 pages). This publication contains statutes defining criminal offenses, statutes relating to nationality and naturalization, aliens, manner of enforcement, proclamations, and executive orders.

A compilation of statutes, executive orders, regulations, and other documents relating to the construction, financing, operation, and maintenance of community facilities under the Lanham Act, as amended, are contained in War Public Works, Office of General Counsel, Federal Works Agency, 1943 (171 pages).

Laws relating to the control of prices are contained in Price Control Laws and Executive Orders, as amended, Office of Price Administration, 1946 (65 pages).

A selective list of statutes, proclamations, and executive orders pertaining specifically to World War II and the emergency of 1947-48 is contained in Tabulation of War Emergency Legislation Relating to the Navy, Revision 3, 1948, Office of the Judge Advocate General (21 pages).

Laws, executive orders, etc. pertaining to safeguarding military information are included in Military Security, Army Regulation No. 380-10, Department of the Army, 1951 (39 pages).

The National Security Act of 1947 as amended to August 1953, Committee Print 3, 83d Congress, 1st session, 1953 (38 pages), includes the National Security Act amendments of 1949, 1952, and 1953, as well as Reorganization Plan No. 6 of 1953.

To inform the general public of their responsibilities under federal laws relating to sabotage, espionage, etc., the Department of Defense issued a small brochure entitled Federal Laws Covering Espionage, Sabotage, and Subversive Activities, 1953 (12 pages).

A reference manual on all phases of the problem of protecting our internal security is found in the Internal Security Manual, Revised, Senate Document 40, 84th Congress, 1st session, 1955 (409 pages). This manual contains the provisions of federal statutes, executive orders, and congressional resolutions relating to the internal security of the United States through June 30, 1955, and is a revision of Senate Document 47, 83d Congress, 1st session.


While proclamations and executive orders are published in separate series, they overlap in content, and for that reason are discussed together.

Under many statutes the President is given specific power to take certain action, and his action is formally expressed in a proclamation or an executive order. There is no hard-and-fast distinction between a proclamation and an executive order, but proclamations are generally used for matters of widespread interest, although some executive orders have had as far-reaching effects as proclamations. In some cases the law specifically says that the President shall "proclaim," and in such cases the proclamation is necessarily used. In other cases, such as a recommendation for the observance of Fire Prevention Week, the proclamation has no legal effect, but is merely an appeal to the public. Executive orders have a wide scope, ranging from the authorization of the appointment of a chairwoman in a local post office (No. 6420) to prescribing rules and regulations under the Trading-withthe-Enemy Act (No. 2796). Most of them relate to the conduct of government business or to organization of the executive departments, but many have a wider significance. Most of the emergency agencies created in 1933 were established by executive order. The codes of fair competition authorized by Title I of the National Industrial Recovery Act (June 16, 1933) were approved by means of executive orders, but the details of the codes were published separately by the National Recovery Administration.

An executive order has never been defined by law or regulation. In a general sense every act of the President authorizing or directing that an act be performed is an executive order, but there are legitimate differences of opinion regarding the papers that should be included in such a classification. In 1907 the State Department began the numbering of executive orders, assigning numbers to those previously issued. As the numbered executive orders by 1936 amounted to less than 8,000, it is evident that all the earlier papers that might fall in this group have not been taken into consideration. On March 31, 1936, the Secretary of the Interior informed the Senate Committee on the Judiciary that there "are estimated to be on file in the General Land Office 12,000 of such executive orders ranging in date from about the year 1806." 2

Many early papers now classed as executive orders were recommendations by heads of departments which the President approved. On August 5, 1933, the President approved a recommendation of the National Recovery Administration that a National Labor Board be created. Apparently this was not transmitted through the usual office staff, but was presented to the President in person, was approved, and

*Excerpts from pages 318–325.

1 The method of promulgation and the form of executive orders are prescribed in Executive Order No. 10006 of Oct. 9, 1948. Earlier executive orders on the same subject were No. 5220 of Nov. 8, 1929, No. 5658 of June 24, 1931, No. 6247 of Aug. 10, 1933, No. 6497 of Dec. 15, 1933, No. 7081 of June 20, 1935, and No. 7298 of Feb. 18, 1936.

274 Cong. 2 sess., S. Rept. 1756, p. 2.

« PreviousContinue »