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OCTOBER 16, 1974.-Ordered to be printed

U.S. GOVERNMENT PRINTING OFFICE

41-118 0

WASHINGTON : 1974

SPECIAL COMMITTEE ON NATIONAL EMERGENCIES AND

DELEGATED EMERGENCY POWERS

FRANK CHURCH, Idaho Co-Chairmen CHARLES McC. MATHIAS, JR., Maryland PHILIP A. HART, Michigan

CLIFFORD P. CASE, New Jersey CLAIBORNE PELL, Rhode Island

JAMES B. PEARSON, Kansas
ADLAI E. STEVENSON III, Illinois

CLIFFORD P. HANSEN, Wyoming
WILLIAM G. MILLER, Staff Director
THOMAS A. DINE, Professional Staff

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CONTENTS

Page

XI

Foreword.--

Introduction:

A. Strengthening the institutional means for the legal accountability

of decisions made by the President-

A brief historical sketch concerning Executive Orders.

Current procedures for issuing Executive Orders---

The legal status of Executive decisions.--

Conclusion.

Letter of March 6, 1974, from co-chairmen to Mr. Fred J.

Emery, director, Office of the Federal Register-

Response of March 26, 1974, with enclosures..

List 1:

List of Proclamations and Executive Orders related

to or issued pursuant to Proclamation 2039,

March 6, 1933, and Public Law 1, 73d Congress,

1st Session, March 9, 1933 (48 Stat. 1), which

appear to be still in effect according to our card file.

List 2:

List of Executive Orders issued pursuant to Proclama-

tion 2914 of December 12, 1950, which appear to

be still in effect according to our card file.--

Finding Aids

Table 4-Executive Orders Issued Pursuant to the First

and Second War Powers Acts, from CFR Cumulative

Supplement, Titles 1-3, Book Í..

Executive Orders: A Brief History of Their Use and the

President's Power to Issue Them --

B. Chronological listing of Executive Orders currently in effect issued

pursuant to emergency powers statutes---

C. Significant examples of Executive Orders issued pursuant to

emergency powers statutes:

1. Defense Production Act:

Executive Order 10480—August 14, 1953: Further pro-

viding for the administration of the defense mobiliza-

tion program.-

Executive Order 10489—September 26, 1953: Provid-

ing for the administration of certain loan and loan

guarantee functions under the Defense Production

Act of 1950, as amended.--

Executive Order 10574—November 5, 1954: Amend-

ment of Executive Order No. 10480 providing for

the administration of the defense mobilization

program..

2. Trading With the Enemy Act:

Proclamation 2040—March 9, 1933: Continuing in

force the bank holdiay Proclamation of March 6,

1933...

Proclamation 2070—December 30, 1933: The restora-

tion of non-member banks to the jurisdiction of their

own State banking authorities -

Introduction—Continued

C. Significant examples of Executive Orders issued pursuant to emer-

gency powers statutes—Continued

2. Trading With the Enemy Act-Continued

Proclamation 2725-April 7, 1947 : Amending the Proc-

lamations of March 6 and March 9, 1933, and the

Executive Order of March 10, 1933, to exclude from

their scope member banks of the Federal Reserve

System

Executive Order 6073—March 10, 1933: Regulations

concerning the operation of banks---

Executive Order 6260 August 28, 1933: Relating to

the hoarding, export, and earmarking of gold coin,

bullion, or currency and to transactions in foreign

exchange

Executive Order 6359_October 25, 1933: Relating to

gold recovered from natural deposits--

Executive Order 6556-January 12, 1934: Amendment

of Executive Order No. 6260 of August 28, 1933----

Executive Order 6558January 15, 1934: Relating to

receipt of gold on consignment by the mints and

assay offices.--.

Executive Order 6559—January 15, 1934: Amending

the Executive Order of March 10, 1933, and the

Proclamation of December 30, 1933, concerning the

operation of banks.---

Executive Order 6560—January 15, 1934: Regulating

transactions in foreign exchange, transfers of credit,

and the export of coin and currency--

Executive Order 8389 April 10, 1940 : Amendment of

Executive Order No. 6569, dated January 15, 1934,

regulating transactions in foreign exchange, transfers

of credit, and the export of coin and currency-.

Executive Order 8405-May 10, 1940: Amendment of

Executive Order No. 8389 of April 10, 1940, amending

Executive Order No. 6560, dated January 15, 1934----

Executive Order 8446-June 17, 1940: Amendment of

Executive Order No. 8389 of April 10, 1940, as

amended

Executive Order 8484—July 15, 1940: Amendment of

Executive Order No. 8389 of April 10, 1940, as

amended

Executive Order 8493—July 25, 1940: Amendment of

Executive Order No. 8389 of April 10, 1940, as

amended

Executive Order 8565—October 10, 1940: Amendment

of Executive Order No. 8389 of April 10, 1940, as

amended

Executive Order 8701-March 4, 1941: Amendment of

Executive Order No. 8389 of April 10, 1940, as

amended

Executive Order 8711-March 13, 1941 : Amendment of

Executive Order No. 8389 of April 10, 1940, as

amended

Executive Order 8721-March 24, 1941 : Amendment of

Executive Order No. 8389 of April 10, 1940, as

amended

Executive Order 8746—April 28, 1941: Amendment of

Executive Order No. 8389 of April 10, 1940, as

amended

Executive Order 8785—June 14, 1941: Regulating trans-

actions in foreign exchange and foreign-owned prop-

erty, providing for the reporting of all foreign-owned

property, and related matters.--

Executive Order 8832—July 26, 1941: Amendment of

Executive Order No. 8389 of April 10, 1940, as

amended

Introduction Continued

C. Significant examples of Executive Orders issued pursuant to emer-

gency powers statutes—Continued

2. Trading With the Enemy Act—Continued

Executive Order 8963—December 9, 1941: Amendment

of Executive Order No. 8389 of April 10, 1940, as Page

amended -

84

Executive Order 8998—December 26, 1941: Amendment

of Executive Order No. 8389 of April 10, 1940, as

amended

85

Executive Order 9788October 14, 1946: Terminating

the Office of Alien Property Custodian and transfer-

ring its functions to the Attorney General --

85

Executive Order 10587-Administration of section

32(h) of the Trading With the Enemy Act----

86

Executive Order 10644-November 7, 1955: Administra-

tion of Title II of the International Claims Settle-

ment Act of 1949, as awarded, relating to the vesting

and liquidation of Bulgarian, Hungarian, and Ru-

manian property---

87

Executive Order 10896-November 29, 1960: Amend-

ment of Executive Order No. 6260 of August 28,

1933

87

Executive Order 10905-January 14, 1961: Amend-

ment of Executive Order No. 6260 of August 28, 1933,

as amended..

88

Executive Order 11037-July 20, 1962: Amendment of

Executive Order No. 6260 of August 28, 1933, as

amended

89

Executive Order 11086—February 26, 1963 : Amend-

ment of Executive Order No. 10587 relating to the

administration of section 32(b) of the Trading With

the Enemy Act---

90

Executive Order 11281-May 13, 1966: Transferring

jurisdiction over certain blocked assets from the

Attorney General to the Secretary of the Treasury-- 90

Executive Order 11387–January 1, 1968: Governing

certain capital transfers abroad.-

Executive Order 11677-August 1, 1972: Continuing the

regulation of exports.---

95

3. Quotas for certain grade military officers :

Executive Order 10262—June 28, 1951 : Suspension of

professional examinations for promotion of medical,

dental, and veterinary officers in the Regular Army

and Air Force-

97

Executive Order 10379_August 2, 1952: Suspension of

the operation of certain provisions of the Officer

Personnel Act of 1947 applicable to the retirement of

colonels of the Regular Army and the Regular Air

Force

97

Executive Order 10398—September 26, 1952: Military

protection of the Canal Zone_-

98

Executive Order 10616_June 21, 1955 : Suspension of

certain provisions of the Officer Personnel Act of 1947,

as amended, which relate to officers of the Marine

Corps of the grade of brigadier general---

99

Executive Order 10617-June 28, 1955: Suspension of

the operation of certain provisions of the Officer Per-

sonnel Act of 1947 applicable to the retirement of

colonels of the Regular Army---

99

Executive Order 10632-August 19, 1955 : Suspension

of certain provisions of the Officer Personnel Act of

1947, as amended, which relate to the promotion of

officers of the Medical Corps and Dental Corps of the

Navy

100

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