Powers of the President during crisesSmith, J. Malcolm (John Malcolm)
History
Powers of the President during crises
Smith, J. Malcolm (John Malcolm)
Constitutional history -- United States; Executive power -- United States
Congress sometimes requires great specificity in administrative
reporting. Exemplifying such demands are the following statutes. A
1950 statute limited the number of Army officers who might be assigned
to permanent duty in the Department of the Army and the number who
could be assigned to the Army General Staff at any one time. The
Secretary of the Army is required to report quarterly to the Congress
the number of officers and the justification therefor.[597] This is
a simple but extremely precise reporting requirement. The May, 1937
amendment to the Neutrality Act more generally defined and described
the various topics to be covered in the annual report of the National
Munitions Control Board, but stipulated that the report contain a list
of all persons required to register under the provisions of the Act,
and full information concerning the licenses which had been issued
thereunder.[598] A like blend of liberality and rigidity in stipulating
the content of reports was manifested in a 1937 Act designed to
establish a government monopoly of the production of helium gas.[599]
The National Munitions Control Board was to include in its Annual
Report to the Congress full information concerning the export licenses
issued thereunder and whatever additional information and data the
Board considered of value in the determination of questions related to
the exportation of helium gas.[600]
The Secretary of the Navy was directed in 1938 to report annually to
the Congress all agreements entered into for leasing naval petroleum
reserves;[601] and a 1939 statute to facilitate certain construction
work for the Army required the Secretary of War to report annually to
the Congress all contracts entered into under authority of the Act,
including the names of the contractors and copies of the contracts
concerned, together with the amounts involved.[602] The Sixth
Supplemental National Defense Appropriation Act of 1942 established
the duty of the Secretary of War and Secretary of the Navy to submit
a complete list of all contracts awarded in excess of $150,000
together with the names of the contractors, and the subject matter of
each contract. If the contract had been awarded without competitive
bidding, the Secretaries had to supply Congress with a statement of
the principal or controlling reason for selection of the contractors.
Reports had to be submitted within sixty days after the end of the
fiscal year.[603]
In the main the congressional requirement of reporting is cast in
general terms, permitting the administrator considerable discretion
as to content and precise date (if not periodicity) of submission. On
occasion, however, Congress is disposed to insist upon specificity in
exacting reports from agencies, particularly agencies assigned such
tasks as the registering of individuals, licensing, letting contracts,
and the like.
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