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Chapter IV-Executive directives to cope with domestic disorders-Con-
Proclamation 3795-July 24, 1967: Law and order in
Executive Order 11364-July 24, 1967: Providing for
the restoration of law and order in the State of
V-Executive directives to cope with strikes -
Executive Order 9728-May 21, 1946: Authorizing the
Secretary of the Interior to take possession of and to
Executive Order 10340-April 8, 1952: Directing the
Secretary of Commerce to take possession and operate
the plants and facilities of certain steel companies..
Executive Order 11276-April 21, 1966: Creating an
emergency board to investigate disputes between the
carriers represented by the five carriers negotiating
committee and certain of their employees..
Proclamation 3972-March 23, 1970: Declaring a
Executive Order 11519-March 23, 1970: Calling into
service members and units of the National Guard..
Executive Order 11594-May 17, 1971: Providing for
the use of transportation priorities and allocations
during the current railroad strike...
Executive Order 11694-January 2, 1973: Creating an
emergency board to investigate a dispute between the
Port Authority Trans-Hudson Corp., and certain of
Statutes and Regulations prescribing form of presidential documents and
procedures for their issuance:
Title 44-Public printing and documents:
Chapter 15-Federal Register and Code of Federal Regulations.
Ex. Order 11030, June 19, 1962, 27 F.R. 5847, as amended by
Ex. Ord. 11354, May 23, 1967, 32 F.R. 7695..
Background and status of Executive Order 11490...
Ex. Order 11490-Assigning emergency preparedness functions to Fed-
eral Departments and Agencies, Oct. 30, 1969.
10529-Participation by Federal employees in State and local
civil defense pre-emergency training programs,
10705-Delegating certain authority of the President relating
to radio stations and communications (as amended),
10863-Authorizing the Attorney General to seize arms and
munitions of war, and other articles, pursuant to sec-
tion 1 of title 6 of the Act of June 15, 1917, as amended.
10952-Assigning civil defense responsibilities to the Secretary
of Defense and others, July 20, 1961----
10958 Delegating functions respecting civil defense stockpiles
of medical supplies and equipment and food, Aug. 14,
11179 Providing for the national defense executive reserve,
11485-Supervision and control of the National Guard of the
District of Columbia, October 1, 1969..
11522-Assigning_emergency preparedness functions to the
United States Information Agency, April 6, 1970..--
11575-Providing for the administration of the Disaster Relief
Act of 1970 (as amended), Dec. 31, 1970-----
11589—Delegating to the United States Civil Service Commis-
sion certain authorities of the President under the
Intergovernmental Personnel Act of 1970 and the
Federal Civil Defense Act of 1950, April 1, 1971-.--
Government Publications and Their Use, Laurence F. Schmeckebier and
Roy B. Eastin, The Brookings Institution, Washington, D.C.:
War Legislation (excerpts from pp. 235–238) --.
Proclamations and Executive Orders (excerpts from pp. 318-325) --
The Federal Register Act was passed on July 26, 1935. Since then Proclamations and Executive Orders have been published in the Federal Register in order to give public notice of directives issued by the President which have legal effect; that is, which require compliance by the bureaucracy or private individuals, or which require the expenditure of public funds. Through Executive directives of various kinds issued by the President, the laws passed by the Congress are executed. The Federal Register was created in order to provide an accountable record of orders given by the President to carry out the will of the people, as enacted by the Legislature, according to processes prescribed by the Constitution. Executive Orders, in order to be lawful, must be pursuant to authorities delegated to the President by statute or by specific provisions of the Constitution. The Federal Register as a part of National Archives is intended to serve as the repository for Proclamations and Executive Orders, and these documents cite the authorities upon which the lawfulness of Presidential actions are based. The Special Committee was fortunate to receive on November 28, 1973, the testimony and advice of former Solicitor-General Erwin Griswold,i whose Harvard Law Review article written in 1934, was in large measure the inspiration for the Federal Register Act. Dr. Griswold's views have proved to be most helpful to the work of the Special Committee.
The Special Committee on National Emergencies and Delegated Emergency Powers has been engaged in a study, over the past year, of all Proclamations and Executive Orders that have been issued pursuant to the authorities contained in provisions of Federal law delegating to the Executive extraordinary authority in time of national emergency. This has been a very difficult task. In this regard, a Library of Congress study prepared by Grover S. Williams, entitled "Executive Orders: A Brief History" was of great assistance to the Special Committee. That study and a comprehensive bibliography of Executive Orders will be found in the appendix to this compilation. Prior to 1935, directives issued by the President were not collected in any central official depository. While the listing of unclassified Executive Orders-issued since 1935 when the Federal Register Act was passed— is complete, there is, unfortunately, no way of knowing with certainty the legal status of Executive Orders issued prior to the passage of the Federal Register Act.
The Special Committee, in close cooperation with the executive branch, the Library of Congress, and legal scholars, has brought to
1 See Hearings before the Special Committee on the Termination of the National Emergency, Part 3-Constitutional Questions Concerning Emergency Powers, Nov. 28, 1973.
Ibid., p. 831.
gether in this compilation as complete a collection as possible of Executive Orders and Proclamations issued pursuant to states of war or national emergency. The Office of the Federal Register of GSA's National Archives and Records Service was most helpful in the preparations of the compilation (see Appendix) and the Special Committee is particularly grateful to Fred J. Emery, director of the Federal Register and to his able assistant Ruth Pontius for the thorough and scholarly assistance they have given over the past year. The following compilation, with its introductory and explanatory matter, is intended to give Congress and the public an educated insight into the general extent of Executive Orders issued by the President concerning emergency powers. The compilation is also intended to illustrate the principal areas of concern with regard to emergency powers.
It is our hope that this compilation, in addition to the compilation of Emergency Powers Statutes (S. Rept. 93-549), will be of assistance to the Legislature, the Executive, and the public when the Special Committee makes its final recommendations and proposed legislation concerning how delegated emergency powers can most effectively be provided to the Executive in time of necessity and yet maintain the integrity of constitutional processes.
During the course of the Special Committee's study of Executive Orders, it has become evident that many Presidential directives of great importance are not a part of the public record contained in the Federal Register or anywhere else. A practice has grown up in recent decades whereby Presidential directives, if called anything other than an Executive Order, are not recorded for the purposes of public notice or legislative accountability. In the view of the Special Committee, this practice-evident in the area of emergency powers-affects every area of our national life, and remedial legislation to correct this recent practice of public administration should be a priority for Congress.
This Special Committee study contains a listing of all Proclamations and Executive Orders related to national emergencies that we were able to discover, as well as introductory and explanatory matter. The document was compiled and written by the staff under the direction of Staff Director William G. Miller and Thomas A. Dine.
The Special Committee is also grateful for the valuable assistance provided by the American Law Division of the Library of Congress; to Lester S. Jayson and many members of his Congressional Research Service of the Library of Congress who responded so promptly and courteously to requests for specific materials and copies of Executive Orders; and to Patrick M. Norton, Patrick A. Shea, Roland Moore, William K. Sawyer, Audrey Hatry, Martha Mecham, David J. Kyte and Paul Spatz.
The Special Committee is now in the process of editing a history of the use of emergency powers from the beginning of the Republic to the present, as well as concluding work which will lead to recommendations for legislative action. These two reports will be issued in the very near future.
Mr. CHURCH (for himself, and Mr. MATHIAS) as cochairmen of the Special Committee on National Emergencies and Delegated Emergency Powers, submitted the following
[Pursuant to S. Res. 242, 93d Cong., 2d Sess.]
A. STRENGTHENING THE INSTITUTIONAL MEANS FOR THE LEGAL ACCOUNTABILITY OF DECISIONS MADE BY THE EXECUTIVE
The means used by the executive branch to carry out the law and the policy goals set by Congress helps to explain the dominance of the Presidency in the government of the United States. The President is now the head of the most powerful executive complex in the world. In addition to his power as the Chief Executive of the largest superstate the world has ever seen, the President possesses, through congressional delegation, a growing amount of legislative or quasi-legislative power. This enormous power is sufficient reason to determine in exactly what ways the Executive gives directions to "take care that the laws be faithfully executed." It is important that the different ways in which the President gives orders to carry out the law be understood and studied because it has become evident in recent years that many Executive directives are given without any means on