Introduction-Continued

C. Significant examples of Executive Orders issued pursuant to emergency 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 6558–January 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 emergency 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

Executive Order 8998-December 26, 1941: Amendment
of Executive Order No. 8389 of April 10, 1940, as
amended -
Executive Order 9788-October 14, 1946: Terminating
the Office of Alien Property Custodian and transfer-
ring its functions to the Attorney General..
Executive Order 10587-Administration of section
32 (h) of the Trading With the Enemy Act---.
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-

Executive Order 10896-November 29, 1960: Amend-
ment of Executive Order No. 6260 of August 28,
1933

Executive Order 10905-January 14, 1961: Amend-
ment of Executive Order No. 6260 of August 28, 1933,
as amended__
Executive Order 11037-July 20, 1962: Amendment of
Executive Order No. 6260 of August 28, 1933, as
amended

Executive Order 11086-February 26, 1963: Amend-
ment of Executive Order No. 10587 relating to the
administration of section 32(h) of the Trading With
the Enemy Act____.
Executive Order 11281-May 13, 1966: Transferring
jurisdiction over certain blocked assets from the
Attorney General to the Secretary of the Treasury__
Executive Order 11387-January 1, 1968: Governing
certain capital transfers abroad._.

Executive Order 11677—August 1, 1972: Continuing the
regulation of exports__--

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__.

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.

Executive Order 10398-September 26, 1952: Military
protection of the Canal Zone__

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__-
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-

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

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90

93

95

97

97

98

Introduction-Continued

C. Significant examples of Executive Orders issued pursuant to emergency powers statutes-Continued

3. Quotas for certain grade military officers-Continued

Executive Order 10725-August 16, 1957: Suspension
of the provisions of section 5751 (b) of title 10,
United States Code, which relates to officers of the
Marine Corps of the grade of captain__‒‒
Executive Order 10780-September 2, 1958: Suspension
of certain provisions of section 5762 (a) of title 10 of
the United States Code which relate to the promotion
of officers of the Supply Corps, Chaplain Corps, Civil
Engineer Corps, and Medical Service Corps of the
Navy
Executive Order 10781-September 2, 1958: Suspension

of certain provisions of section 5764 (a) of title 10 of
the United States Code which relate to the establish-
ment of zones for the promotion of male officers of the
Navy
Executive Order 10861-February 11, 1960: Suspension

of certain provisions of section 5762 of title 10 of the
United States Code which relate to the promotion of
officers of the Supply Corps, Chaplain Corps, Civil
Engineer Corps, and Medical Service Corps of the
Navy
Executive Order 11270-February 19, 1966: Suspension
of section 5232 (b) of title 10, United States Code,
which relates to the number of lieutenant generals in
the Marine Corps.
Executive Order 11684-August 30, 1972: Amendment
of Executive Order No. 11554, suspending the provi-
sions of section 5707 (c) of title 10, United States
Code, which relate to promotion of Navy and Marine
Corps officers__

4. Miscellaneous emergency Executive Orders:

Executive Order 10251-June 7, 1951: Suspension of the
eight-hour law as to laborers and mechanics employed
by the Department of Defense on public work essen-
tial to the national defense_--
Executive Order 10282-August 29, 1951: Suspension
of the eight-hour law as to laborers and mechanics
employed by the Department of the Interior on public
work essential to the national defense----
Executive Order 10433-April 7, 1953: Suspension of
the eight-hour law as to laborers and mechanics em-
ployed by the Atomic Energy Commission on public
work essential to the national defense_.
Executive Order 10789-November 14, 1958: Authoriz-
ing agencies of the Government to exercise certain
contracting authority in connection with national
defense functions and prescribing regulations govern-
ing the exercise of such authority.
Executive Order 10824-May 29, 1959: Designating the
National Aeronautics and Space Administration as
an agency to have certain contractual authority under
the Assignment of Claims Act of 1940, as amended___
Executive Order 10840-September 30, 1959: Desig-
nating the Federal Aviation Agency as an agency to
have certain contractual authority under the Assign-
ment of Claims Act of 1940, as amended_____
Executive Order 10976-November 15, 1961: Suspension
of the 8-hour law as to laborers and mechanics em-
ployed by the National Aeronautics and Space Admin-
istration

Executive Order 11051-September 27, 1962; Prescrib-
ing responsibilities of the Office of Emergency Plan-
ning in the Executive Office of the President_.

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103

103

104

104

105

107

109

110

110

112

Introduction-Continued

C. Significant examples of Executive Orders issued pursuant to emer-
gency powers statutes-Continued

4. Miscellaneous emergency Executive Orders-Continued
Executive Order 11075-January 15, 1963: Administra-
tion of the Trade Expansion Act of 1962....
Executive Order 11106-April 18, 1963: Providing for
the administration of the trade agreements program
and related matters___

Executive Order 11113-June 13, 1963: Amendment of
Executive Order No. 11075, as amended, relating to
the administration of the trade agreements program__
Executive Order 11336-March 22, 1967: Delegating to
the Secretary of Agriculture certain authority re-
lating to emergency livestock feed----
Executive Order 11556-September 9, 1970: Assigning
telecommunications functions_.

Executive Order 11678-August 16, 1972: Providing for
the repair and restoration of nonprofit private educa-
tional institutions damaged by hurricane and tropical
storm Agnes__.

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124

125

127

128

132

Executive Order 11725-June 29, 1973: Transfer of
certain functions of the Office of Emergency
Preparedness

133

Executive Order 11749-December 12, 1973: Consolidat-
ing relief functions assigned to the Secretary of
Housing and Urban Development---.

Chapter I-Executive orders prescribing procedures and responsibilities

in time of emergency

Code of Emergency Federal Regulations-15-1-7.

II-Executive decisions in time of emergency.

Proclaiming and terminating states of emergency.
Proclamation 2352-September 8, 1939: Proclaiming
a national emergency in connection with the observ-
ance, safeguarding, and enforcement of neutrality
and the strengthening of the national defense within
the limits of peace-time authorizations..
Proclamation 2487-May 27, 1941: Proclaiming that an
unlimited national emergency confronts this country,
which requires that its military, naval, air and civil-
ian defenses be put on the basis of readiness to repel
any and all acts or threats of aggression directed to-
ward any part of the Western Hemisphere. - -
Proclamation 2914-December 16, 1950: Proclaiming
the existence of a national emergency-
Proclamation 2950-October 24, 1951: Termination of
state of war with Germany..

Proclamation 2974-April 28, 1952: Termination of the
national emergencies proclaimed on September 8,
1939, and May 27, 1941..

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140

143

143

144

145

146

147

Proclamation 3972-March 23, 1970: Declaring a na-
tional emergency-

148

149

Proclamation 4074-August 15, 1971: Implementation
of supplemental duty for balance of payments
purposes _ _

III-Executive directives in time of war or armed hostilities.

Proclamation-July 2, 1807: Offences committed by
British armed vessels..

Proclamation-April 25, 1851: Aliens in the United
States preparing to outfit for hostilities against
friendly nations.

150

153

155

157

Proclamation 2406-May 11, 1940: Use of ports or ter-
ritorial waters of the United States by submarines of
foreign belligerent states..

158

Proclamation 2540-February 10, 1942: Establishing

Boston maritime control area and prescribing regu-
lations for the control thereof...

159

Chapter III-Executive directives in time of war or armed hostilities

Continued

Executive Order 9066-February 19, 1942: Authorizing
the Secretary of War to prescribe military areas..........
Military Order-January 11, 1945: Governing the estab-
lishment of military commissions for the trial of
certain offenders against the law of war, and govern-
ing the procedure for such commissions..
Proclamation 2655-July 14, 1945: Removal of alien
enemies..

Proclamation 3504-October 23, 1962: Interdiction of
the delivery of offensive weapons to Cuba___
Order by President Johnson reaffirming ex-President
Kennedy's policy on Vietnam (excerpts from National
Security Action Memorandum 273, Nov. 26, 1963) __
U.S. orders for preparations for some retaliatory action
(excerpts from National Action Memorandum 288,
Mar. 17, 1964)...

Cable authorizing air strikes on Laos infiltration routes
(cablegram from State Department and Defense De-
partment to U.S. Embassy in Vientiane, Oct. 6, 1964) –
White House cable to Taylor on the Rolling Thunder
decision (excerpts from cablegram from State Depart-
ment to Ambassador Taylor, Feb. 13, 1965).
April 1965 order increasing ground force and shifting
mission (National Security Action Memorandum 328,
Apr. 6, 1965) -

Authority for B-52 strikes against targets in Cambodia
(TS) (undated, now reclassified from top secret-
sensitive your eyes only, memorandum to the Sec-
retary of Defense from Earle G. Wheeler, chairman,
Joint Chiefs of Staff)....

Address by the President on the situation in Southeast
Asia before live radio and television, April 30, 1970.
IV-Executive directives to cope with domestic disorders....
Relevant provisions of the United States Code:

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164

166

167

168

169

170

172

174

181

10 U.S.C. 331. Federal aid for State governments. - - - -
332. Use of militia and armed forces to en-
force Federal authority

Proclamation-March 12, 1799: Combinations to resist
the laws of the United States...

Proclamation-April 15, 1861: Militia called out to
cause laws to be duly executed___

184

185

Proclamation-September 24, 1862: Rebels and their
abettors to be subject to martial law.

186

Proclamation 2588-June 21, 1943: Domestic violence
in the State of Michigan. -

187

Proclamation 3204-September 25, 1957: Obstruction
of justice in the State of Arkansas..
Executive Order 10730-September 25, 1957: Providing
assistance for the removal of an obstruction of justice
within the State of Arkansas...

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188

Proclamation 3497-October 2, 1962: Obstructions of
justice in the State of Mississippi...
Executive Order 11053-October 2, 1962: Providing
assistance for the removal of unlawful obstructions of
justice in the State of Mississippi.

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190

Proclamation 3554-September 10, 1963: Obstruction
of justice in the State of Alabama...
Executive Order 11118-September 10, 1963: Assistance
for removal of unlawful obstructions of justice in the
State of Alabama.

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192

Proclamation 3645-March 20, 1965: Providing Federal
assistance in the State of Alabama..

193

Executive Order 11207-March 20, 1965: Providing
Federal assistance in the State of Alabama.......

194