Brigadier General Joseph T. McNarney, United States Army. The purposes of the required inquiry and report are to provide bases for sound decisions whether any derelictions of duty or errors of judgment on the part of United States Army or Navy personnel contributed to such successes as were achieved by the enemy on the occasion mentioned, and if so, what these derelictions or errors were, and who were responsible therefor. The Commission will convene at the call of its Chairman at Washington, D. C., will thereafter proceed with its professional and clerical assistants to Honolulu, Territory of Hawaii, and any other places it may deem necessary to visit for the completion of its inquiry. It will then return to Washington, D. C., and submit its report direct to the PresiIdent of the United States. The Commission is empowered to prescribe its own procedure, to employ such professional and clerical assistants as it may deem necessary, to fix the compensation and allowances of such assistants, to incur all necessary expenses for services and supplies, and to direct such travel of members and employees at public expense as it may deem necessary in the accomplishment of its mission. Each of the members of the Commission and each of its professional assistants, including civilian advisers and any Army, Navy, and Marine Corps officers so employed, detailed or assigned shall receive payment of his actual and necessary expenses for transportation, and in addition and in lieu of all other allowances for expenses while absent from the place of his residence or station in connection with the business of the Commission, a per diem allowance of twenty-five dollars. All of the expenses of the Commission shall be paid by Army disbursing officers from allocations to be made to the War Department for that purpose from the Emergency Fund for the President. All executive officers and agencies of the United States are directed to furnish the Commission such facilities, services, and cooperation as it may request of them from time to time. FRANKLIN D ROOSEVELT THE WHITE HOUSE, December 18, 1941. EXECUTIVE ORDER 8984 PRESCRIBING THE DUTIES OF THE COMMANDER IN CHIEF OF THE UNITED STATES FLEET AND THE CO-OPERATIVE DUTIES OF THE CHIEF OF NAVAL OPERATIONS By virtue of the power vested in me as President of the United States and as Commander in Chief of the armed forces of the United States and by the Constitution and Statutes of the United States, particularly the Act of May 22, 1917 (U.S.C., title 34, sec. 212), it is hereby ordered that the Commander in Chief, United States Fleet, shall have supreme command of the operating forces comprising the several fleets of the United States Navy and the operating forces of the naval coastal frontier commands, and shall be directly responsible, under the general direction of the Secretary of the Navy, to the President of the United States therefor. The staff of the Commander in Chief, United States Fleet, shall be composed of a Chief of Staff and of such officers and agencies as appropriate and necessary to perform duties in general as follows: (a) Make available for evaluation all pertinent information and naval intelligence; (b) Prepare and execute plans for current war operations; (c) Conduct operational duties; (d) Effect all essential communications; (e) Direct training essential to carrying out operations; (f) Serve as personal aides. The Commander in Chief shall keep the Chief of Naval Operations informed of the logistic and other needs of the operating forces, and in turn the Chief of Naval Operations shall keep the Commander in Chief informed as to the extent to which the various needs can be met. Subject to the foregoing, the duties and responsibilities of the Chief of Naval Operations under the Secretary of the Navy will remain unchanged. The Chief of Naval Operations shall continue to be responsible for the preparation of war plans from the long range point of view. In order that close liaison may be maintained with the Navy Department, the principal office of the Commander in Chief shall be in the Navy Department unless otherwise directed. FRANKLIN D ROOSEVELT THE WHITE HOUSE December 18, 1941. EXECUTIVE ORDER 8985 ESTABLISHING THE OFFICE OF CENSORSHIP AND PRESCRIBING ITS FUNCTIONS AND DUTIES By virtue of the authority vested in me by the Constitution and the statutes of the United States, and particularly by section 303, Title III of the act of December 18, 1941, Public Law 354, 77th Congress, 1st Session, and deeming that the public safety demands it, I hereby order as follows: 1. There is hereby established the Office of Censorship, at the head of which shall be a Director of Censorship. The Director of Censorship shall cause to be censored, in his absolute discretion, communications by mail, cable, radio, or other means of transmission passing between the United States and any foreign country or which may be carried by any vessel or other means of transportation touching at any port, place, or Territory of the United States and bound to or from any foreign country, in accordance with such rules and regulations as the President shall from time to time prescribe. The establishment of rules and regulations in addition to the provisions of this order shall not be a condition to the exercise of the powers herein granted or the censorship by this order directed. The scope of this order shall include all foreign countries except such as may hereafter be expressly excluded by regulation. 2. There is hereby created a Censorship Policy Board, which shall consist of the Vice-President of the United States, the Secretary of the Treasury, the Secretary of War, the Attorney General, the Postmaster General, the Secretary of the Navy, the Director of the Office of Government Reports, and the Director of the Office of Facts and Figures. The Postmaster General shall act as Chairman of the Board. The Censorship Policy Board shall advise the Director of Censorship with respect to policy and the coordination and integration of the censorship herein directed. 3. The Director of Censorship shall establish a Censorship Operating Board, which shall consist of representatives of such departments and agencies of the Government as the Director shall specify. Each representative shall be designated by the head of the department or agency which he represents. The Censorship Operating Board shall, under the supervision of the Director, perform such duties with respect to operations as the Director shall determine. 4. The Director of Censorship is authorized to take all such measures as may be necessary or expedient to administer the powers hereby conferred, and, in addition to the utilization of existing personnel of any department or agency available therefor, to employ, or authorize the employment of, such additional personnel as he may deem requisite. 5. As used in this order the term "United States" shall be construed to include the Territories and possessions of the United States, including the Philippine Islands. FRANKLIN D ROOSEVELT THE WHITE HOUSE, EXECUTIVE ORDER 8986 AUTHORIZING THE GOVERNOR OF THE PANAMA CANAL TO INCREASE THE COMPENSATION OF CERTAIN EMPLOYEES By virtue of the authority vested in me by section 81 of title 2 of the Canal Zone Code, as amended by section 3 of the act of July 9, 1937, c. 470, 50 Stat. 487, it is hereby ordered as follows: SECTION 1. The Governor of The Panama Canal is authorized to increase the rate of compensation to more than $960 a year or 40 cents an hour of not more than 200 employees of The Panama Canal or the Panama Railroad Company who are not citizens of the United States or the Republic of Panama; but such employees shall have no greater leave privileges than employees whose rate of compensation is not greater than $960 a year or 40 cents an hour. SECTION 2. Paragraphs 6 and 20 of Executive Order No. 1888 of February 2, 1914, prescribing conditions of employment governing employees on the Isthmus of Panama, as amended by the Executive order of February 20, 1920, are amended accordingly. SECTION 3. Executive Order No. 4721 of September 14, 1927, and the order of the Secretary of War of August 7, 1929, authorizing increases in the compensation of certain employees of The Panama Canal and the Panama Railroad Company, are revoked. FRANKLIN D ROOSEVELT THE WHITE HOUSE, December 19, 1941. EXECUTIVE ORDER 8987 ESTABLISHING HONOLULU DEFENSIVE SEA AREA By virtue of the authority vested in me by section 44 of the Criminal Code as amended (U.S.C. Title 18, Sec. 96), the following-described area is hereby established and reserved, for purposes of national defense, as a naval defensive sea area, to be known as "Honolulu Defensive Sea Area": All United States territorial waters of Honolulu Harbor, Oahu, Territory of Hawaii, its approaches and tributaries from the contour line of extreme high water as shown on the latest U.S.C. and G.S. charts to: A line running south true from the shore at Koko Head, Oahu, along the meridian of Longitude 157°42′ West, to the seaward limit of United States territorial waters; A line running south true from Ahua Point Lighthouse to the seaward limit of United States territorial waters; and, A line running along the seaward limit of United States territorial waters between the "above-described bearing lines. A vessel not proceeding under United States Naval or other United States authorized supervision shall not enter or navigate the waters of the Honolulu Defensive Sea Area except during daylight, when good visibility conditions prevail, and then only after specific permission has been obtained. Advance arrangements for entry into or navigation through or within the Honolulu Defensive Sea Area must be made, preferably at a United States Naval District Headquarters in advance of sailing, or by radio or visual communication on approaching the seaward limit of the area. If radio telegraph is used, the call "NQO" shall be made on a frequency of 500 kcs, and permission to enter the port shall be requested. The name of the vessel, purpose of entry, and name of the master must be given in the request. If visual communications are used, the procedure shall be essentially the same. A vessel entering or navigating the waters of the Honolulu Defensive Sea Area does so at its own risk. Even though permission has been obtained, it is incumbent upon a vessel entering the Honolulu Defensive Sea Area to obey any further instructions received from the United States Navy, or other United States authority. A vessel may expect supervision of its movements within the Honolulu Defensive Sea Area, either through surface craft or aircraft. Such controlling surface craft or aircraft will be identified by a prominent display of the Union Jack. The loading or unloading by vessels of oil fuel or other inflammable or explosive materials shall be under the control of the local Naval authority, who shall require such loading or unloading to be accomplished in such manner and at such times as will safeguard the other activities within the Honolulu Defensive Sea Area essential to the national defense. These regulations are subject to amplification by the local United States Naval authority as necessary to meet local circumstances and conditions. When a United States Maritime Control Area is established adjacent to or abutting upon the above-established defensive sea area, it shall be assumed that permission to enter, and other instructions issued by proper authority, shall apply to any one continuous passage through or within both areas. Any master of a vessel or other person within the Honolulu Defensive Sea Area who disregards these regulations, or fails to obey an order of United States Naval authority to stop or heave to, or performs any act threatening the efficiency of mines or other defenses or the safety of navigation, or takes any action inimical to the interests of the United States, may be detained therein by force of arms and shall be liable to attack by United States armed forces, and liable to prosecution as provided for in section 44 of the Criminal Code as amended (U.S.C., title 18, sec. 96). All United States Government authorities shall place at the disposal of the Naval authorities their facilities for aiding in the enforcement of these regulations. The Governor of the Territory of Hawaii, the local municipal authorities, and the local civilian defense agencies are called upon to render the local Naval authorities all possible assistance in the enforcement of these regulations. This order shall not be construed as modifying in any way the proclamation of the Governor of the Territory of Hawaii placing the Territory of Hawaii under martial law. The Secretary of the Navy is charged with the publication and enforcement of these regulations. FRANKLIN D ROOSEVELT THE WHITE HOUSE, December 20, 1941. EXECUTIVE ORDER 8988 DIRECTING THAT CERTAIN COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE SHALL CONSTITUTE A PART OF THE NAVAL FORCES OF THE UNITED STATES WHEREAS the act of July 1, 1902, as amended by the act of August 14, 1912 (U.S.C., title 42, sec. 8), provides as follows: "The President is authorized, in his discretion, to utilize the Public Health Service in times of threatened or actual war to such extent and in such manner as shall in his judgment promote the public interest without, however, in any wise impairing the efficiency of the service for the purposes for which the same was created and is maintained."; WHEREAS by Executive Order No. 8929 of November 1, 1941, the Coast Guard is now operating as a part of the Navy, subject to the orders of the Secretary of the Navy; and WHEREAS commissioned officers of the Public Health Service are now serving on Coast Guard vessels and with other Coast Guard units pursuant to orders issued under competent authority: 1 See p. 296 this Supplement. NOW, THEREFORE, by virtue of the authority vested in me by the statutory provisions above set out, I hereby direct that commissioned officers of the Public Health Service detailed for duty on Coast Guard vessels and with other Coast Guard units shall continue on such details until relieved by competent authority, and that such officers, including those ordered to such duty as replacements or in addition to present complements, while engaged upon such assignments shall constitute a part of the naval forces of the United States, subject to the orders of the Secretary of the Navy. FRANKLIN D ROOSEVELT THE WHITE HOUSE, December 23, 1941. EXECUTIVE ORDER 8989 ESTABLISHING THE OFFICE OF DEFENSE TRANSPORTATION IN THE EXECUTIVE OFFICE OF THE PRESIDENT AND DEFINING ITS FUNCTIONS AND DUTIES By virtue of the authority vested in me by the Constitution and statutes of the United States, as President of the United States and Commander in Chief of the Army and Navy, and in order to define further the functions and duties of the Office for Emergency Management with -respect to the state of war and to assure maximum utilization of the domestic transportation facilities of the Nation for the successful prosecution of the war, it is hereby ordered: 1. The term "domestic transportation" whenever used in this Order shall include railroad, motor, inland waterway, pipe line, air transport, and coastwise and intercoastal shipping. 2. There shall be in the Office for Emergency Management of the Executive Office of the President an Office of Defense Transportation, at the head of which shall be a Director appointed by the President. The Director shall discharge and perform his responsibilities and authorities under the direction and supervision of the President. The Director shall receive compensation at such rate as the President may determine and, in addition, shall be entitled to actual and necessary transportation, subsist ence, and other expenses incidental to the performance of his duties. 3. Subject to such policies, regulations, and directions as the President may from time to time prescribe, the Office of Defense Transportation shall: a. Coordinate the transportation policies and activities of the several Federal agencies and private transportation groups in effecting such adjustments in the domestic transportation systems of the Nation as the successful prosecution of the war may require. b. Compile and analyze estimates of the requirements to be imposed upon existing domestic transport facilities by the needs of the war effort; determine the adequacy of such facilities to accommodate the increased traffic volume occasioned by the war effort; develop measures designed to secure maximum use of existing domestic transportation facilities; and stimulate the provision of necessary additional transport facilities and equipment in order to achieve the level of domestic transportation services required; and in this connection advise the Supply Priorities and Allocation Board as to the estimated requirements and recommend allocations of materials and equipment necessary for the provision of adequate domestic transportation service. c. Coordinate and direct domestic traffic movements with the objective of preventing possible points of traffic congestion and assuring the orderly and expeditious movement of men, materials, and supplies to points of need. d. In cooperation with the United States Maritime Commission and other appropriate agencies, coordinate domestic traffic movements with ocean shipping in order to avoid terminal congestion at port areas and to maintain a maximum flow of traffic. e. Perform the functions and exercise the authority vested in the President by the following, subject to the conditions set forth in paragraph 3 of this Order: (1) Sec. 1 (15) of Interstate Commerce Act as amended, USC title 49, sec. 1 (15). (2) Sec. 6 (8) of Interstate Commerce Act as amended, USC title 49, sec. 6 (8). f. Survey and ascertain present and anticipated storage and warehousing requirements at points of transfer and in terminal areas; and encourage the pro vision of increased storage, loading, and unloading facilities where necessary. g. Represent the defense interest of the Government in negotiating rates with domestic transportation carriers and in advising the appropriate governmental agencies with respect to the necessity for rate adjustments caused by the effect of the defense program. h. Advise upon proposed or existing emergency legislation affecting domestic transportation, and recommend such additional emergency legislation as may be necessary or desirable. i. Keep the President informed with respect to progress made in carrying out this Order; and perform such related duties as the President may from time to time assign or delegate to it. 4. In the exercise of its functions and authority with respect to transportation priorities and preferences, the Office of Defense Transportation shall be governed as to the relative importance of deliveries required for defense by such instructions, certifications, and directives as may be issued by the Office of Production Management pursuant to the provisions of the Executive Order of August 28, 1941,' entitled "Delegation and Coordination of Priority Authority;" and the Office of Defense Transportation shall take all lawful steps within the scope of its authority to effect such deliveries through appropriate public or private agencies. 5. In the study of problems and in the discharge of its responsibilities, it shall be the policy of the Office of Defense Transportation to collaborate with existing departments and agencies which perform functions and activities pertaining to transportation and to utilize their facilities and services to the maximum. Particularly, the Office of Defense Transportation shall maintain close liaison with the United States Maritime Commission in the consideration of problems involving the relationship of ocean shipping with coastwise and intercoastal shipping and inland transport; with the Interstate Commerce Commission on problems of rates, routing, and car service; and with the War and Navy Departments with respect to the strategic movement of troops and supplies by domestic 1 See p. 270 this Supplement. |