Powers of the President during crises

by J. Malcolm Smith; Cornelius P. Cotter

Authorization for the Conduct or Study of Experiments: The Tennessee Valley Authority Act authorized the T.V.A. to establish the physical plants necessary to undertake experiments for the production of nitrogen products for military and agricultural uses. Such experiments were to emphasize both economy and high standards of efficiency.[511] A 1938 statute authorizing the construction of naval vessels included provision for the construction of experimental vessels and the construction of a rigid airship of American design and American construction.[512] Implementing the latter, appropriations were authorized for the purpose of rotary-wing and other aircraft research, development, procurement, experimentation, and operation for service testing.[513]

The National Science Foundation was established in 1950 as an independent agency, but within the executive branch of government.[514] Functions of this Foundation include promotion of basic research and education in the sciences, initiation and support of basic scientific research, initiation and support at the request of the Secretary of Defense of specific scientific research activities in connection with matters relating to the national defense, evaluation of scientific research programs undertaken by agencies of the federal government, and correlation of the Foundation’s work with that of private and public research groups or individuals.[515] The functions enumerated do not exhaust the total of those assigned to the above mentioned agency.

In 1952 Congress authorized construction of aeronautical research facilities by the National Advisory Committee for Aeronautics. These facilities were to be used for the effective prosecution of aeronautical research. The Committee could expand certain of its experimental facilities especially since one of the purposes of the Act was to promote the national defense.[516] A similar kind of statute enacted in 1953 created an Advisory Committee on Weather Control. The function of this Committee was to make a complete study and evaluation of public and private experiments in weather control for the purpose of determining the extent to which the United States should experiment with, or engage in, or regulate activities designed to control weather conditions.[517] It was to correlate and evaluate the information derived from experimental activity and to cooperate with the several States in encouraging the intelligent experimentation and the beneficial development of weather modification and control. In carrying out these objectives, the Committee was also required to keep a “weather eye” on seeing to it that harmful and indiscriminate techniques for weather control were not fostered.[518]

Government Investigations, Inventories, Audits

Statutory provisions in this category are classifiable as follows: investigations, inventories, audits, etc., (a) incidental to program development or enforcement; (b) precedent to the establishment of policy in certain fields; (c) designed to aid specified agency clientele (private groups); (d) accusatory in nature; (e) military intelligence.

Investigations Incidental to Program Development or Enforcement: The Economy Act passed in the first month of the Roosevelt administration effected reductions in government pensions and salaries with a view to reducing the cost of Federal operations. Salary reductions were to vary with fluctuations in a cost of living index to be ascertained through investigation by government agencies.[519] The Agricultural Adjustment Act of 1933, in setting up an emergency program for the rehabilitation of growers of certain commodities directed the Secretary of Agriculture to make investigations and such reports to the President concerning the program as appeared necessary to its execution. In conjunction with the National Industrial Recovery Act of June 1933 was a 1934 amendment which authorized the President to establish a board or boards to investigate issues, facts, practices, or activities of employers or employees in any controversies arising under section 7 (a) of the statute which were burdening, obstructing, or threatening to burden or obstruct, the free flow of interstate commerce.[520]

The Second War Powers Act required the Secretary of Commerce, under Presidential direction, to make such special investigations and reports of census or statistical matters as might be needed in connection with conduct of the war. The Act imposed a penalty against anyone who refused to answer questions, gave false statements or deliberately neglected to answer questions asked by Departmental subordinates in the conduct of investigations.[521] It also accorded the government the right to inspect the plants and audit the books of defense contractors.[522]

Before presenting to a court a certificate requesting a stay of judicial proceedings on claims for damages caused by naval vessels during the War, the Secretary of the Navy had to conduct an investigation of the case in order to satisfy himself that the issuance of the certificate was necessary.[523] A principal purpose of the Employment Act of 1946 was the establishment of an agency to investigate and report upon the current state of the national economy.[524] The Housing and Rent Act of 1948 specified that the Housing Expediter should make surveys from time to time with a view to decontrolling housing accommodations at the earliest practicable date.[525] The Federal Civil Defense Administrator is charged by the statute creating the Federal Civil Defense Administration with responsibility to prepare national plans and programs, and to request reports on state plans directed at fulfillment of the objectives of the Act.[526]

Policy Development: A number of statutes contain provisions designed to satisfy congressional need for information as an aid in policy-making. A joint resolution of April 1934 directed the Federal Power Commission to investigate the rates charged by private and municipal corporations, prepare a compilation of the respective rate structures and submit the information requested to the Congress as quickly as possible. In making its compilation, the Commission was requested to submit any analysis it had made of the difference in rates charged between the privately owned and publicly owned utilities.[527] The Commission might require reports and testimony from private power officials and was given the right to examine and copy any documentary evidence relative to the sale of electrical energy or its service to consumers by any corporation engaged in the sale of electricity.[528] Collecting accurate and comprehensive information regarding the rates charged for electrical energy and its service to residential, rural, commercial and industrial consumers throughout the United States[529] was directed toward satisfying needs of both the agency and the Congress.

Again in 1934, Congress established a Commission to make an immediate study and survey of aviation and its relation to the United States and to report to Congress its recommendations of a broad policy covering all phases of aviation and its significance to the United States.[530] The Railroad Retirement Board was directed to make specific recommendations for such changes in the retirement system created by the Railroad Retirement Act of 1934 as would assure the adequacy and permanency of the retirement system on the basis of its experience and all information and experience then available. For this purpose the Board was directed from time to time to make investigations and actuarial studies necessary to provide the fullest information practicable for the Board’s report and recommendation.[531] In the third year of World War II a Joint Committee on Organization of Congress was established. The Joint Committee was given the responsibility of preparing a full and complete study of the organization and operation of the Congress together with recommendations for improvement in its organization and operation. Congress sought from the study and report the means for strengthening the Legislative branch of the government by simplifying its operation, improving relations between the Congress and other branches of government, and enabling it to better meet its responsibilities under the Constitution.[532] While some of the more archaic rules under which the Congress operated, indeed to some extent still does operate, were long overdue for a complete overhaul, the more immediate stimulus to action arose from a candid and searching appraisal of Congress’ inability to stem the rising tide of government by the executive. The demands of emergency government of all kinds even before the Japanese attack on Pearl Harbor, tended to reduce the role of the Congress to that of mere ratification of executive action, the latter usually taken without regard to possible Congressional objections. Reorganization of the Congress resulting from the Joint Committee study and report was in response to a growing awareness of the need to improve the functioning of Congress as an organ for control of a wartime executive.