B. EXECUTIVE ORDERS CURRENTLY IN EFFECT ISSUED PURSUANT TO EMERGENCY POWERS STATUTES Hundreds of Executive Orders have been issued pursuant to emergency powers statutes in the last few decades. Most have been revoked or have lapsed by their own terms. Those included here appear to have continued effect in whole or in part. The orders are divided into four groups: The first two groups provide for the implementation of various parts of the Defense Production Act and the Trading with the Enemy Act. The third includes the suspension of limitations on the maximum number of military officers permissible in various grades. The fourth group is a collection of miscellaneous orders. There is, regrettably, no way of being certain that this compilation contains all Executive Orders still in effect issued pursuant to emergency powers statutes. Nearly 12,000 Executive Orders have been serialized; many thousands more were issued in earlier years. All of these orders still have, or had, the "force and effect of law." Earlier Executive Orders may be rescinded, modified, or superseded by subsequent orders which in far too many instances do not specifically refer to these previous Executive Orders or to the statutes which give the Executive Orders legal force. Determining the exact legal status of a particular Executive Order is a difficult task and ascertaining which of the thousands of Executive Orders that have been issued are still in force is a labor of Herculean proportions. Unfortunately, it has been past practice in the Executive Branch to avoid any definitive codification, while at the same time resurrecting ancient and long-neglected documents whenever it has suited the Executive's purposes. (48) C. SIGNIFICANT EXAMPLES OF EXECUTIVE ORDERS ISSUED PURSUANT TO EMERGENCY POWERS STATUTES 1. DEFENSE PRODUCTION ACT EXECUTIVE ORDER 10480 FURTHER PROVIDING FOR THE ADMINISTRATION OF THE DEFENSE MOBILIZATION PROGRAM By virtue of the authority vested in me by the Constitution and laws of the United States, including the Defense Production Act of 1950, as amended (50 U. S. C. App. 2061 et seq.), and as President of the United States and Commander in Chief of the armed forces of the United States, it is hereby ordered as follows: PART I. GENERAL DIRECTION OF PROGRAM SECTION 101. (a) The Director of the Office of Defense Mobilization shall, on behalf of the President, coordinate all mobilization activities of the executive branch of the Government, including all such activities relating to production, procurement, manpower, stabilization, and transport. Every officer and agency of the Government having functions under the Defense Production Act of 1950, as amended, delegated, redelegated, or otherwise assigned thereto by or under the authority of the President after the date of this order (whether heretofore or hereafter acquired, or acquired by this order) shall perform the said functions subject to the direction and control of the Director of the Office of Defense Mobilization. (b) In carrying out the functions conferred upon him by this order, the Director of the Office of Defense Mobilization shall, among other things: (1) Perform the central programming functions incident to the determination of the production programs required to meet defense needs. (2) Make determinations as to the provision of adequate facilitics for defense production and as to the procedure and methods followed by agencies of the Government with respect to the accomplishments of defense production programs. (3) Be the certifying authority for the purposes of and within the meaning of subsections (e) and (g) of Section 124A of the Internal Revenue Code, as added by section 216 of the Revenue Act of 1950, approved September 23, 1950. (4) Issue such directives, consonant with law, on policy and program to officers and agencies of the Government for execution by them as may be necessary to carry out the functions assigned to him by this order, and resolve inter agency issues which otherwise would require the attention of the President. (5) Report to the President from time to time concerning his operations under this order. SEC. 102. (a) There is hereby estabIlished in the Office of Defense Mobilization the Defense Mobilization Board, which shall consist of the Director of the Office of Defense Mobilization as Chairman, the Secretaries of State, Defense, the Treasury, the Interior, Commerce, Agriculture, and Labor, the Chairman of the Board of Governors of the Federal Reserve System, the Director of the Foreign Operations Administration, and such other officials of the Government as the Director of the Office of Defense Mobilization may from time to time designate. The said Board shall be advisory to the Director of the Office of Defense Mobilization. (b) The Director of the Office of Defense Mobilization shall be chairman of the National Advisory Board on Mobilization Policy established by Executive Order 10224' of March 15, 1951 (16 F. R. 2543). PART II. PRIORITIES AND ALLOCATIONS SEC. 201. (a) The functions conferred upon the President by Title I of the Defense Production Act of 1950, as amended, are hereby delegated to the Director of the Office of Defense Mobilization, who shall, in carrying out the said functions, provide by redelegation or otherwise for their performance, subject to the provisions of section 101 of this order, by (1) The Secretary of the Interior with respect to petroleum, gas, solid fuels and electric power. (2) The Secretary of Agriculture with respect to food and with respect to the domestic distribution of farm equipment and commercial fertilizer. (3) The Commissioner of the Interstate Commerce Commission who is responsible for the supervision of the Bureau of Service of the Commission, with respect to domestic transportation, storage, and port facilities, or the use thereof, but excluding air transport, coastwise, intercoastal, and overseas shipping. (4) The Secretary of Commerce with respect to all other materials and facilities. 13 CFR, 1951 Supp., p. 418. (b) Findings made under or pursuant to and for the purposes of section 101 (b) of the Act shall not be effective until approved by the Director of the Office of Defense Mobilization. PART III. EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY SEC. 301. The Department of the Army, the Department of the Navy, the Department of the Air Force, the Atomic Energy Commission, the Department of Commerce, the Department of the Interior, the Department of Agriculture, and the General Services Administration, in this Part referred to as guaranteeing agencies, and each officer having functions delegated to him pursuant to section 201 (a) of this order shall develop and promote measures for the expansion of productive capacity and of production and supply of materials and facilities necessary for the national defense. SEC. 302. (a) Each guaranteeing agency is hereby authorized, in accordance with section 301 of the Defense Production Act of 1950, as amended, subject to the provisions of this section, in order to expedite production and deliveries or services under Government contracts, and without regard to provisions of law relating to the making, performance, amendment, or modification of contracts, to guarantee in whole or in part any public or private financing institution (including any Federal Reserve Bank), by commitment to purchase, agreement to share losses, or otherwise, against loss of principal or interest on any loan, discount, or advance, or on any commitment in connection therewith, which may be made by such financing institution for the purpose of financing any contractor, subcontractor, or other person in connection with the performance of any contract or other operation deemed by the guaranteeing agency to be necessary to expedite production and deliveries or services under Government contracts for the procurement of materials or the performance of services for the national defense, or for the purpose of financing any contractor, subcontractor, or other person in connection with or in contemplation of the termination, in the interest of the United States, of any contract made for the national defense; but no small business concern (as defined in section 714 (a) (1) of the said Act) shall be held in eligible for the issuance of such a guaranty by reason of alternative sources of supply. (b) Each Federal Reserve Bank is hereby designated and authorized to act, on behalf of any guaranteeing agency, as fiscal agent of the United States in the making of such contracts of guarantee and in otherwise carrying out the purposes of section 301 of the said Act, as amended, in respect to private financing institutions. (c) All actions and operations of Federal Reserve Banks, under authority of or pursuant to section 301 of the said Act, as amended, shall be subject to the supervision of the Board of Governors of the Federal Reserve System. Said Board is hereby authorized, after consultation with the heads of the guaranteeing agencies, (1) to prescribe such regulations governing the actions and operations of fiscal agents hereunder as it may deem necessary, (2) to prescribe, either specifically or by maximum limits or otherwise, rates of interest, guarantce and commitment fees, and other charges which may be made in connection with loans, discounts, advances, or commitments guaranteed by the guaranteeing agencies through such fiscal agents, and (3) to prescribe regulations, governing the forms and procedures (which shall be uniform to the extent practicable) to be utilized in connection with such guarantees. SEC. 303. The Administrator of General Services is hereby authorized and directed to purchase and make commitments to purchase metals, minerals, and other materials, for Government use or resale, as authorized by and subject to the provisions of section 303 of the Defense Production Act of 1950, as amended: Provided, That the Secretary of Agriculture may also exercise the said functions under section 303 of the said Act, as amended, with respect to food, and with respect to plant fibers (except abaca) not included in the definition of food to the extent that the procurement of such fibers involves the encouragement and development of sources of supply within the United States and its Territories and possessions. SEC. 304. The Director of the Office of Defense Mobilization is hereby authorized and directed to encourage the exploration, development, and mining of critical and strategic minerals and metals, as authorized by and subject to the provisions of section 303 of the Defense Production Act of 1950, as amended. SEC. 305. The Administrator of General Services is hereby authorized and directed to make subsidy payments, to determine the amounts, manner, terms, and conditions thereof, and to make findings, as authorized by and subject to the provisions of section 303 (c) of the Defense Production Act of 1950, as amended. SEC. 306. The functions conferred upon the President by section 303 (e) of the Defense Production Act of 1950, as amended, with respect to the installation of additional equipment, facilities, processes, or improvements to plants, factories, and other industrial facilities owned by the United States Government, and with respect to the installation of Government-owned equipment in plants, factories, and other industrial facilities owned by private persons. are hereby delegated to the Administrator of General Services. SEC. 307. The upon the President by section 303 (f) of the Defense Production Act of 1930, as amended, with respect to transfers to the stockpile referred to in the said section, are hereby delegated to the Director of the Office of Defense Mobilization. functions conferred SEC. 308. The authority conferred upon the President by section 304 (b) of the Defense Production Act of 1950, as amended, to approve borrowing from the Treasury of the United States is hereby delegated to the Director of the Office of Defense Mobilization. SEC. 309. All functions provided for in sections 303 to 307, inclusive, and in sections 310 and 311 of this order, shall be carried out within such amounts of funds as may be made available pursuant to the Defense Production Act of 1950, as amended. SEC. 310. (a) The Reconstruction Finance Corporation is hereby authorized and directed to make loans (including participations in, or guarantees of, loans) to private business enterprises (including research corporations not organized for profit) for the expansion of capacity, the development of technological processes, and the production of essential materials, including the exploration, development, and mining of strategic and critical metals and minerals, exclusive of such expansion, development and production in foreign countries, as authorized by and subject to section 302 of the Defense Production Act of 1950, as amended. (b) Loans under section 310 (a) hereof (1) shall be made upon such terms and conditions as the Corporation shall determine, (2) shall be made only after the Corporation has determined in each instance that financial assistance is not available on reasonable terms from private sources or from other governmental sources, and (3) except in the case of working capital loans (involving no more than minor expansion of capacity which is incidental to a loan for working capital) shall be made only upon certificate of essentiality of the loan, which certificate shall be made by the Director of the Office of Defense Mobilization. (c) Applications for loans under section 310 (a) hereof shall be received from applicants by the Corporation or by such agencies of the Government as the Corporation shall designate for this purpose. SEC. 311. (a) The Export-Import Bank of Washington is hereby authorized and directed to make loans (including participations in, or guarantees of, loans) to private business enterprises, for the expansion of capacity, the development of technological processes, and the production of essential materials, including the exploration, development, and mining of strategic and critical metals and minerals, in those cases where such expansion, development or production is carried on in foreign countries, as authorized by and subject to section 302 of the Defense Production Act of 1950, as amended. (b) Loans under section 311 (a) hereof (1) shall be made upon such terms and conditions as the said Bank shall determine, (2) shall be made only after the Bank has determined in each instance that financial assistance is not available on reasonable terms from private sources and that the loan involved cannot be made under the provisions of and from funds available to the Bank under the Export-Import Bank Act of 1945, as amended, and (3) shall be made only upon certificate of essentiality of the loan, which certificate shall be made by the Director of the Office of Defense Mobilization. (c) Applications for loans under section 311 (a) hereof shall be received from applicants by the said Bank or by such agencies of the Government as the |