EXECUTIVE ORDER 9450 AMENDING FOREIGN SERVICE REGULATIONS OF THE UNITED STATES By virtue of and pursuant to the authority vested in me by section 1752 of the Revised Statutes of the United States (U.S.C., title 22, sec. 132), sections I-3 (b) (1) and I-5 (a) of the Foreign Service Regulations (E. O. No. 8396, April 18, 1940, 22 CFR Cum. Sup. 101.3, 101.5), are hereby amended as follows:2 I-3 (b) (1). Examinations for the Foreign Service. Examinations for the Foreign Service shall be given in accordance with rules and regulations prescribed by a Board of Examiners, which is hereby established and which shall be composed of three Assistant Secretaries of State designated by the Secretary of State, an officer of the Department of Commerce designated by the Secretary of Commerce and acceptable to the Secretary of State, an officer of the Department of Agriculture designated by the Secretary of Agriculture and acceptable to the Secretary of State, the Director of the Office of Foreign Service, Department of State, the Chief of the Division of Foreign Service Personnel, Department of State, and the Chief Examiner of the Civil Service Commission. Any member of the Board of Examiners may, when he deems it necessary, designate another officer of his department acceptable to the Secretary of State to serve for him on the Board. I-5(a). Board of Foreign Service Officers' Training School. The Foreign Service Officers' Training School shall be under the immediate direction of a board to be known as the Board of Foreign Service Officers' Training School, which shall be composed of the members of the Board of Foreign Service Personnel, the Director of the Office of Foreign Service, the Chief of the Division of Foreign Service Personnel, and the Director of the School. All decisions of the School Board shall be subject to the approval of the Secretary of State. FRANKLIN D ROOSEVELT THE WHITE HOUSE, June 20, 1944. 13 CFR Cum. Supp. 2 Codified as 22 CFR 101.3, 101.5, infra. EXECUTIVE ORDER 9451 REVOKING PARAGRAPH 2 OF EXECUTIVE ORDER 9243 OF SEPTEMBER 12, 1942, ENTITLED "PROVIDING FOR THE TRANSFER AND RELEASE OF FEDERAL PERSONNEL” 3 By virtue of the authority vested in me by the Civil Service Act (22 Stat. 403), and by section 1753 of the Revised Statutes of the United States (U.S.C., title 5, sec. 531), paragraph 2 of Executive Order 9243 of September 12, 1942, providing for the establishment of priority classifications as between the several Executive departments and agencies, is hereby revoked, effective as of July 1, 1944. FRANKLIN D ROOSEVELT THE WHITE HOUSE, June 20, 1944. EXECUTIVE ORDER 9452 AUTHORIZING THE SECRETARY OF STATE TO PRESCRIBE REGULATIONS AND ISSUE ORDERS AND INSTRUCTIONS RELATING TO THE FOREIGN SERVICE OF THE UNITED STATES By virtue of and pursuant to the authority vested in me by sections 202 and 1752 of the Revised Statutes of the United States (U.S.C., title 5, sec. 156; U.S.C., title 22, sec. 132), and as President of the United States, it is hereby ordered as follows: 1. The Secretary of State is authorized to prescribe such regulations and issue such orders and instructions, not inconsistent with the Constitution, any law of the United States, or any Executive order or proclamation, relating to the duties of officers and employees of the Foreign Service of the United States and the transaction of their business, as he may deem conducive to the public interest: Provided, however, that the authority granted by this order shall not be exercised in any case in which the President is specifically authorized by law to prescribe regulations with respect to a particular subject. 2. The Secretary of State is authorized to prescribe the form and the manner of publication of all regulations, orders, and instructions prescribed or issued under authority of this order; but this paragraph shall not be construed to affect & Affects § 91.1, Title 5, infra. 43 CFR Cum. Supp. the legal requirements relating to publication in the FEDERAL REGISTER. FRANKLIN D ROOSEVELT THE WHITE HOUSE, June 26, 1944. EXECUTIVE ORDER 9453 PARTICIPATION BY THE UNITED STATES IN THE WORK OF THE UNITED NATIONS RELIEF AND REHABILITATION ADMINISTRATION By virtue of the authority vested in me as President of the United States by the Constitution and statutes, and in order to facilitate the participation of the United States in the work of the United Nations Relief and Rehabilitation Administration, it is hereby ordered as follows: 1. Subject to such policies and directions as the President may from time to time prescribe, the Administrator of the Foreign Economic Administration is authorized and directed to exercise and perform, through any Executive department, independent establishment, or agency, all the functions and authority with respect to the expenditure of funds, and the provision of supplies and services related thereto, vested in the President by Public Law 267, approved March 28, 1944, and the United Nations Relief and Rehabilitation Administration Participation Appropriation Act, 1945. 2. Subject to the provisions of the Agreement for United Nations Relief and Rehabilitation Administration, concluded November 9, 1943, the United States representative on the Council of the United Nations Relief and Rehabilitation Administ.ation, as named by the President, shall designate or arrange for the designation of United States alternates on the Council and of United States members and alternates on committees and subcommittees of the Council. 3. All activities of the United States Government pertaining to its participation and membership in the United Nations Relief and Rehabilitation Administration shall be carried on in conformity with the foreign policy of the United States as defined by the Secretary of State. FRANKLIN D ROOSEVELT THE WHITE HOUSE, EXECUTIVE ORDER 9454 TEMPORARY APPOINTMENTS AS OFFICERS IN THE ARMY OF THE UNITED STATES OF MEMBERS OF THE ARMY NURSE CORPS AND FEMALE DIETETIC AND PHYSICAL-THERAPY PERSONNEL OF THE MEDICAL DEPARTMENT OF THE ARMY 1 By virtue of the authority vested in me as President of the United States by the act of June 22, 1944 (Public Law 350, 78th Congress), I hereby appoint, commission and order to active duty, effective this date, as officers in the Army of the United States under the provisions of the joint resolution of September 22, 1941 (55 Stat. 728), as amended, in commissioned grades corresponding to the relative rank each such person holds on this date, all members of the Army Nurse Corps on active duty on June 22, 1944, and all female dietetic and physicaltherapy personnel of the Medical Department of the Army (exclusive of students and apprentices), appointed under the provisions of the act of December 22, 1942 (56 Stat. 1072), on active duty in the Medical Department of the Army on June 22, 1944. FRANKLIN D ROOSEVELT THE WHITE HOUSE, July 10, 1944. EXECUTIVE ORDER 9455 INSPECTION OF INCOME, EXCESS-PROFITS, DECLARED VALUE EXCESS-PROFITS, AND CAPITAL STOCK TAX RETURNS BY THE SELECT COMMITTEE TO INVESTIGATE THE FEDERAL COMMUNICATIONS COMMISSION, HOUSE OF REPRESENTATIVES By virtue of the authority vested in me by sections 55 (a), 508, 603, 1204, and 729 (a) of the Internal Revenue Code (53 Stat. 1, 29, 111, 171; 54 Stat. 974, 989), it is hereby ordered that income, excessprofits, declared value excess-profits, and capital stock tax returns made under the Internal Revenue Code for the years 1939 to 1944, inclusive, shall be open to inspection by the Select Committee to Investigate the Federal Communications Commission, House of Representatives, or any duly authorized subcommittee thereof, for the purpose of carrying out the provisions of House Resolution 21 (Seventy-eighth Congress, first session), passed January 19, 1943, and subject to the conditions stated in the Treasury decision relating to the inspection of such Noted in Title 10, Part 700, infra. returns by that Committee, approved by me this date.1 This order is supplemental to Executive Order 9448, dated June 8, 1944. This order shall be published in the FEDERAL REGISTER. FRANKLIN D ROOSEVELT THE WHITE HOUSE, July 11, 1944. EXECUTIVE ORDER 9456 SUSPENDING CERTAIN STATUTORY PROVISIONS RELATING TO EMPLOYMENT IN THE CANAL ZONE By virtue of the authority vested in me by section 2 of the War Department Civil Appropriation Act, 1945 (Public Law. 352, 78th Congress), section 108 of the Naval Appropriation Act, 1945 (Public Law 347, 78th Congress), and section 7 of the Military Appropriaton Act, 1945 (Public Law 374, 78th Congress), relating to certain kinds of employment in the Canal Zone, and deeming such course to be in the public interest, I hereby suspend, from and including the effective date of the said Acts, compliance with the provisions of the said sections during the continuance of any of the wars in which the United States is now engaged. FRANKLIN D ROOSEVELT THE WHITE HOUSE, July 13, 1944. EXECUTIVE ORDER 9457 [Reinstatement of Philip W. Bonsal in the Foreign Service of the United States; July 19, 1944; not published] EXECUTIVE ORDER 9458 AMENDING PARAGRAPHS 6 AND 7 OF EXECUTIVE ORDER No. 9195 OF JULY 7, 1942, PRESCRIBING REGULATIONS RELATING TO AERIAL FLIGHTS BY PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, AND NATIONAL GUARD By virtue of and pursuant to the authority vested in me by section 20 of the act of June 10, 1922, 42 Stat. 632, as amended by section 6 of the act of July 2, 1926, 44 Stat. 782, and by section 18 of the Pay Readjustment Act of 1942, approved June 16, 1942, 56 Stat. 368, it is ordered that paragraphs 6 and 7 of Executive Order No. 9195 of July 7, 1942,2 prescribing regulations relating to 1 § 458.204, Title 26, infra. 23 CFR Cum. Supp. aerial flights by personnel of the Army, Navy, Marine Corps, Coast Guard, and National Guard, be, and they are hereby, amended to read as follows: "6. Each enlisted man who is on duty with the Army Air Forces or is serving in any part of the aeronautic organization of the Navy, Marine Corps, or Coast Guard and who is a qualified aircraft pilot or observer shall be required to participate regularly and frequently in aerial flights by his commanding officer. Orders for such requirement shall remain in force until revoked by the issuing authority or by a subsequent commanding officer of the enlisted man, whether in the same or another organization, except as hereinafter provided in paragraph 12. Such orders and the revocation thereof shall be reported to the Commanding General of the Army Air Forces or to such officer or officers as he may designate for the Army, the Chief of Naval Personnel for the Navy, the Commandant of the Marine Corps for the Marine Corps, or the Commandant of the Coast Guard for the Coast Guard. "7. Each enlisted man who is on duty with the Army Air Forces or is serving in any part of the aeronautic organization of the Navy, Marine Corps, or Coast Guard and who is not a qualified aircraft pilot or observer may be required to participate regularly and frequently in aerial flights by his commanding officer. Orders for such requirement shall remain in force until revoked by the issuing authority or by a subsequent commanding officer of the enlisted man, whether in the same or another organization, except as hereinafter provided in paragraph 12. Such orders and the revocation thereof shall be reported to the Commanding General of the Army Air Forces or to such officer or officers as he may designate for the Army, the Chief of Naval Personnel for the Navy, the Commandant of the Marine Corps for the Marine Corps, or the Commandant of the Coast Guard for the Coast Guard." FRANKLIN D ROOSEVELT THE WHITE HOUSE, July 22, 1944. EXECUTIVE ORDER 9459 PHILADELPHIA TRANSPORTATION COMPANY, POSSESSION AND CONTROL BY THE SECRETARY OF WAR By virtue of the authority vested in me by the Constitution and laws of the United States, including the Act of August 29, 1916, 39 Stat. 645, the First War Powers Act 1941, and Section 9 of the Selective Training and Service Act of 1940, as amended, as President of the United States and Commander in Chief of the Army and Navy, I hereby authorize the Secretary of War to take possession and assume control of the transportation systems of the Philadelphia Transportation Company, including all real and personal property and other assets, wherever situated, used or useful in connection with the operation of said systems and I authorize him to utilize such systems for such purposes connected with the war emergency as he may deem needful or desirable and to terminate the possession and control of such systems when he determines that such possession and control are no longer necessary for purposes connected with the war emergency. FRANKLIN D ROOSEVELT THE WHITE HOUSE, August 3, 1944. EXECUTIVE ORDER 9460 REGULATIONS RELATING TO GLIDER FLIGHTS BY PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, AND COAST GUARD By virtue of the authority vested in the President by the act entitled "An Act to amend section 18 of the Pay Readjustment Act of 1942 to provide additional pay for personnel who are required to participate in regular and frequent glider flights," approved July 1, 1944 (Public Law 409, 78th Congress, 2d session) I hereby prescribe the following regulations, applicable to all officers, warrant officers, nurses, and enlisted men of all branches of the Army, Navy, Marine Corps, and Coast Guard. 1. As used in these regulations— (a) The term "orders of competent authority" shall mean orders issued by the Secretary of War or such officer or officers as he may designate for the Army, the Chief of Naval Personnel for the Navy, the Commandant of the Marine Corps for the Marine Corps, or by the Commandant of the Coast Guard for the Coast Guard. (b) The term "glider flight" shall mean a journey in a service-type glider in the Army, Navy, Marine Corps, or Coast Guard, beginning when the glider takes off from rest at any point of support and terminating when it next comes to a complete stop at a point of support. 2. Personnel of the Army, Navy, Marine Corps, and Coast Guard who are qualified as glider personnel under such regulations as the Secretary of War or the Secretary of the Navy may severally prescribe, or who are undergoing training for such qualification and who are required by competent authority to participate regularly and frequently in glider flights, shall be required to perform one or more flights without regard to duration thereof during any three consecutive calendar months: Provided, That whenever the commanding officer of any officer, warrant officer, nurse, or enlisted man who has been required by orders of competent authority to participate in regular and frequent glider flights certifies that on account of the absence or inadequacy of glider equipment or towing aircraft or other means of propulsion, or on account of military operations of the particular command under combat conditions, such officer, warrant officer, nurse, or enlisted man was unable to perform the glider flights required by this paragraph, such officer, warrant officer, nurse, or enlisted man may comply with the requirements herein prescribed by performing four or more glider flights without regard to the duration thereof during a period of 12 consecutive calendar months, and such requirements for any particular period may be met at any time during such period: And provided further, That any officer, warrant officer, nurse, or enlisted man who has been required to participate regularly and frequently in glider flights by orders of competent authority and who as a result of such orders has participated regularly and frequently in glider flights, as defined in this order, and who subsequently becomes incapacitated for glider flights by reason of an aviation accident shall not be required to perform such glider flights during such incapacity for a period not to exceed three months following the date of such accident. 3. For the purpose of computing the number of flights required under paragraph 2 hereof, flights performed within a period of 90 days prior to the date of this order shall be considered to have been made on the effective date of this order. This order shall be effective as of July 1, 1944. FRANKLIN D ROOSEVELT THE WHITE HOUSE, August 7, 1944. EXECUTIVE ORDER 9461 ABOLISHING THE EXECUTIVE COMMITTEE ON COMMERCIAL POLICY By virtue of the authority vested in me as President of the United States, the Executive Committee on Commercial Policy, established by the letter of November 11, 1933, from the President to the Secretary of State, and continued by Executive Order No. 6656 of March 27, 1934, and Executive Order No. 7260 of December 31, 1935, is hereby abolished. FRANKLIN D ROOSEVELT THE WHITE HOUSE, August 7, 1944. EXECUTIVE ORDER 9461A [Designation of the Honorable A. Cecil Snyder as Acting Judge of the District Court of the United States for Puerto Rico; August 8, 1944; not published] EXECUTIVE ORDER 9462 POSSESSION AND OPERATION OF CERTAIN MOTOR CARRIER TRANSPORTATION SYSTEMS WHEREAS after investigation I find and proclaim that the motor carrier transportation systems of the motor carriers named in the list attached hereto and made a part hereof are equipped for the transportation of materials of war and supplies that are required for the war effort, or useful in connection therewith, and are now engaged in such transportation; that there are threatened interruptions of the operation of the said transportation systems as a result of a labor disturbance; that the war effort will be unduly impeded or delayed by such interruptions; that it has become necessary in the national defense to take possession and assume control of the said transportation systems for needful and desirable purposes connected with the prosecution of the war and that they be operated by or for the United States; and that the exercise, as hereinafter specified, of the powers vested in me is necessary to in sure, in the interest of the war effort, the operation of the said systems: NOW, THEREFORE, by virtue of the power and authority vested in me by the Constitution and laws of the United States, including the act of August 29, 1916, 39 Stat. 645, the First War Powers Act, 1941, and section 9 of the Selective Training and Service Act of 1940 as amended by the War Labor Disputes Act, as President of the United States and Commander in Chief of the Army and Navy, it is hereby ordered as follows: 1. The Director of the Office of Defense Transportation is authorized and directed, through or with the aid of any public officers, Federal agencies, or other Government instrumentalities, that he may designate, to take possession and assume control of, and to operate, or arrange for the operation of, the motor carrier transportation systems of the motor carriers named in the list attached hereto and made a part hereof, including all real and personal property and other assets, wherever situated, used or useful in connection with the operation of such systems, in such manner as he may deem necessary for the successful prosecution of the war; and to do anything that he may deem necessary to carry out the provisions and purposes of this order. 2. Subject to applicable provisions of existing law, including the orders of the Office of Defense Transportation issued pursuant to Executive Orders 8989, as amended, 9156, and 9294,1 the said transportation systems shall be managed and operated under the terms and conditions of employment in effect between the carriers and the collective bargaining agents at the time possession is taken under this order. During his operation of said transportation systems the Director shall observe the terms and conditions of the directive order of the National War Labor Board, dated February 7, 1944; provided, however, that in the case of each said transportation system the Director is authorized to pay the wage increases provided for by the said directive order of the National War Labor Board, which accrued prior to the taking of possession of the said system under this order, only out of the net operating revenue of the said system. 3. Except with the prior written consent of the Director, no attachment by mesne process, garnishment, execution, 13 CFR Cum. Supp. |