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4520479
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Congressional - Legislation Emergencies Acts Repeals
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4520479
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Congressional - Legislation Emergencies Acts Repeals
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Philip W. Buchen Files
Philip Buchen's General Subject Files
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Presidential powers
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1974-08-01
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1974
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1974-08-01
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The original documents are located in Box 7, folder "Congressional - Legislation
Emergencies Acts Repeals" of the Philip Buchen Files at the Gerald R. Ford Presidential
Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 7 of the Philip Buchen Files
at the Gerald R. Ford Presidential Library
THE WHITE HOUSE
WASHINGTON
Frle in
"Emergencies
Legislation
LEGISLATION Emergencies Acts Repeals"
GERALO UND LIBRARY
THE WHITE HOUSE
WASHINGTON
8/22
11:50 am
advised
Timmons
we just
recd the
attached
FORD is LIBRARY BERALD
sorry weevere
unable Comment.
THE WHITE HOUSE
WASHINGTON
Date August 21, 1974
TO:
Phil Buchen
FROM:
WILLIAM TIMMONS
FOR YOUR INFORMATION
FOR YOUR COMMENTS
FOR APPROPRIATE HANDLING
OTHER
For your approval, please.
FORD in LIBRARY GERALD
THE WHITE HOUSE
WASHINGTON
August 21, 1974
MEETING WITH SENATORS FRANK CHURCH (D-IDAHO) AND
CHARLES McC. MATHIAS, JR. (R-MD) -- CO-CHAIRMEN OF
THE SPECIAL COMMITTEE ON NATIONAL EMERGENCIES AND
DELEGATED EMERGENCY POWERS
10:30 - 10:40 a.m. (10 minutes)
Thursday, August 22, 1974
The Oval Office
From:
William E. Timmons
B.T.
I.
PURPOSE
To meet with the President prior to submitting
their report to the Senate in the form of legislation.
II.
BACKGROUND, PARTICIPANTS AND PRESS PLAN
A.
Background:
The Special Committee on the Termination of the
National Emergency, co-chaired by Senators Church
and Mathias, has been since last year studying all statutes
which are operative only through a Presidentially-declared
National Emergency. The Committee has finished its
study and is now ready to propose legislation to "correct"
the situation.
Four Presidentially-declared Emergencies remain in
effect:
-- Roosevelt's March '33 Declaration on the
Depression
-- Truman's December '50 Declaration on the
Korean War
-- Nixon's March '70 Declaration on the Postal Strike
FORD & LIBRARY
- 2 -
-- Nixon's August '71 Declaration on International
Economic Problems
This proposed bill:
1. Ends the declared national emergencies
which have been on the books since 1933;
2. Provides 270 days in which the affected
departments and agencies can get enacted
in permanent form provisions presently based
on emergency power;
3. Sets up procedures for establishing new states
of emergency and provides for automatic
termination, unless extended by Congress.
Church and Mathias met with the Attorney General last
Thursday, August 15, but received no specific
endorsement of their proposed bill.
B.
Participants:
The President
Senator Frank Church (D-Idaho)
Senator Charles McC. Mathias, Jr. (R-Md)
Roy Ash
William E. Timmons
C.
Press Plan:
Press Office will announce meeting. White House
Photographer to take photos.
III.
TALKING POINTS
In Tab A.
BERALD FORD LIBRARY
FORD LIBRARY
&
BERALD
TALKING POINTS
1.
The Committee's work provides a valuable and
comprehensive review of the hundreds of emergency
powers statutes scattered throughout the U.S. Code.
2.
Their proposal to repeal the many statutes which the
Committee and executive agencies have jointly agreed
are obsolete is a good idea and you support it.
3.
The Committee's proposal to terminate all states of
national emergency and all relevant powers could
produce some problems which need further study.
Since emergency declarations only have force because
of the laws they activate, would it be better to focus on
specific statutes and make what is needed into
permanent law?
4.
A President has inherent power to declare emergencies.
To the extent the proposed bill interferes with this or
limits it, as it now does, support should be withheld.
5.
The Committee proposal provides 270 days for the
Executive Branch to replace needed laws in permanent
form, after which the repeal is effective. This puts a
gun at the head of the Executive and would produce much
"must" legislation susceptible to undesirable riders.
NOTE: As examples of current law tied to the National Emergency:
-- Trading with the Enemy Act under which the Treasury
Department handles much of its international monetary
affairs and the Commerce Department exercises some
export controls under this same Act.
-- Section of Title 10, United States Code, under which
President Nixon called up the Reserves during the Postal
Strike of 1970.
BERALD TOKO LIBRARY