68

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 Page
System

59 Executive Order 6073—March 10, 1933: Regulations concerning the operation of banks..

61 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

62
Executive Order 6359—October 25, 1933: Relating to
gold recovered from natural deposits.

66 Executive Order 6556_January 12, 1934: Amendment

of Executive Order No. 6260 of August 28, 1933---- 67 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 ----

68 Executive Order 6560—January 15, 1934: Regulating

transactions in foreign exchange, transfers of credit,
and the export of coin and currency--

69 Executive Order 8389April 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------- 71 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. 73
Executive Order 8446-June 17, 1940: Amendment of

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

76 Executive Order 8484-July 15, 1940: Amendment of

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

76 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 -

78 Executive Order 8701-March 4, 1941: Amendment of

Executive Order No. 8389 of April 10, 1910, as
amended ---

78 Executive Order 8711—March 13, 1941 : Amendment of

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

78 Executive Order 8721-March 24, 1941: Amendment of

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

79 Executive Order 8746—April 28, 1941: Amendment of

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

79 Executive Order 8785June 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.-

79 Executive Order 8832—July 26, 1941: Amendment of

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

84

87

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---
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.-

93 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 Page 100

101

101

102

103

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

gency 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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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.
Executive Order 11725—June 29, 1973: Transfer of

certain functions of the Office of Emergency

Preparedness
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 2014 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.
Proclamation 3972—March 23, 1970: Declaring a na-

tional emergency
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.
Proclamation 2406—May 11, 1940: Use of ports or ter-

ritorial waters of the United States by submarines of

foreign belligerent states.
Proclamation 2540 February 10, 1942: Establishing

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

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146

147

148

149

150
153

155

157

158

159

Page 161

162

163

164

166

167

168

169

170

172

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:
10 U.S.C. 331. Federal aid for State governments.----

332. Use of militia and armed forces to en

force Federal authority
333. Interference with State and Federal law.

334. Proclamation to disperse.
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..
Proclamation-September 24, 1862: Rebels and their

abettors to be subject to martial law
Proclamation 2588--June 21, 1943: Domestic violence

in the State of Michigan.
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..
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.
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.
Proclamation 3645—March 20, 1965: Providing Federal

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

Federal assistance in the State of Alabama...

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183

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185

186

187

188

188

19C

190

192

192

193

194