persons, in that order of preference, at such rates as may be approved by the Federal Power Commission; and (b) to construct such facilities and to make such other arrangements as he deems necessary to interconnect the Denison Dam Project with other utility systems in the area and interchange electric energy with and purchase electric energy from such systems, and to sell and distribute electric energy, in accordance with the provisions of this order.

5. Being satisfied that the fulfilment of the military requirements of the United States will result in a shortage in the supply of copper and other materials and facilities for the transmission and distribution of electric energy required for the prosecution of the war, I hereby further authorize and direct the Secretary of the Interior to allocate transmission and distribution lines and appurtenant facilities in the area for the purpose of transmitting and distributing electric energy generated at the Denison Dam Project, to such extent as, in the judgment of the Secretary of the Interior, will not substantially interfere with the other uses of such lines and facilities, and upon such terms as the owners thereof and the Secretary of the Interior may thereafter agree upon or, in the absence of such agreement, as may be fixed by the Federal Power Commission.

6. All receipts from the sale and disposition of the electric energy generated at the Denison Dam Project shall be covered into the Treasury of the United States to the credit of "Miscellaneous Receipts".

7. The Secretary of the Interior may employ such personnel, without compliance with the requirements of the Civil Service Rules, and take such other steps, as may be necessary to carry out the provisions of this Order.

II. 1. Subject to the limitations and restrictions contained therein, all authority and power vested in the Federal Works Administrator by Executive Order No. 8944 of November 19, 1941 with respect to the Grand River Dam Authority, Vinita, Oklahoma, Project No. 1494 (Pensacola Project) are hereby transferred to the Secretary of the Interior, to be exercised through such person or persons as he may designate.

2. Subject to the limitations and restrictions contained therein, all author

13 CFR Cum. Supp.

ity and power vested in the Federal Works Administrator by Executive Order 9353 of June 19, 19432 with respect to the Norfork Project on the North Fork River in the White River Basin in the States of Arkansas and Missouri, are hereby transferred to the Secretary of the Interior to be exercised through such person or persons as he may designate.

3. All property, personnel, records, contracts, funds, and accounts used by the Federal Works Administrator in the administration of the functions transferred by this Order are hereby transferred to the Secretary of the Interior for use in the administration of such functions.

This Order shall become effective September 1, 1943.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

July 30, 1943.

EXECUTIVE ORDER 9367

PROHIBITING, WITH CERTAIN EXCEPTIONS, INSTRUCTION OF APPLICANTS FOR CIVIL SERVICE AND FOREIGN SERVICE EXAMINATIONS BY OFFICERS OR EMPLOYEES OF THE GOVERNMENT

By virtue of the authority vested in me by section 1753 of the Revised Statutes of the United States (U.S.C., title 5, sec. 631), and as President of the United States, it is hereby ordered as follows:

1. No officer or employee of the Government shall directly or indirectly instruct or be concerned in any manner in the instruction of any person or classes of persons with a view to their special preparation for the examinations of the United States Civil Service Commission or the examinations of the Boards of Examiners for the Foreign Service of the Department of State: Provided, That this order shall not be construed to prevent any agency of the Government from utilizing Government facilities and the services of Federal officers and employees whenever such facilities or services may be necessary or useful in carrying out the duties imposed upon such agency by law in the training and testing of disabled members or former members of the armed forces of the United States or in the conduct of educational or training programs which are open exclusively to members or former members of the armed forces: Provided further, That due credit in civil service examinations shall be given by the Civil Service Commission to any member or former member of the armed forces of the United States who has satisfactorily completed any such educational or training program conducted by a Government agency.

2. Violation of the provisions of this order by any officer or employee of the Government shall be considered sufficient cause for removal from the service.

3. This order supersedes Executive Orders No. 359 of October 13, 1905, No. 1277 of December 23, 1910, No. 3088 of May 17, 1919, and No. 3215 of January 13, 1920. FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

August 4, 1943.

EXECUTIVE ORDER 9368

SUSPENSION OF THE EIGHT-HOUR LAW AS TO LABORERS AND MECHANICS EMPLOYED BY THE DEPARTMENT OF THE INTERIOR ON PUBLIC WORKS WITHIN THE TERRITORY OF ALASKA

By virtue of the authority vested in me by section 1 of the act of August 1, 1892, 27 Stat. 340, as amended by the act of March 3, 1913, 37 Stat. 726 (U. S. C., title 40, sec. 321), and as President of the United States, I hereby extend the provisions of Executive Order 9360 of July 7, 1943, entitled "Suspension of Eight-Hour Law as to Laborers and Mechanics Employed by the Department of the Interior on Public Works Within the United States",1 to all work performed by laborers and mechanics employed by the Department of the Interior on any public work within the Territory of Alaska which is designated by the Secretary of the Interior as essential to the prosecution of the war, subject to the conditions and limitations contained in the said Executive order.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

August 9, 1943.

EXECUTIVE ORDER 9369

PROVIDING FOR THE LIQUIDATION OF THE AFFAIRS OF THE OFFICE OF THE BITUMINOUS COAL CONSUMERS' COUNSEL

By virtue of the authority vested in me as President of the United States, I hereby order as follows:

1. The Secretary of the Interior is designated as liquidating agent for the Office of the Bituminous Coal Consumers' Counsel.2 In this capacity, he is authorized and directed to take custody of the records and files of said Office, to preserve such records, and to make them available for use by Government agencies in aiding the effective prosecution of the war. He is further authorized and directed to approve and certify any vouchers which may be properly presented for obligations incurred by said Office prior to its statutory expiration, and to do all other things which may be necessary or proper to provide for the orderly liquidation of the affairs of said Office.

2. So much of the office equipment and other property of said Office as the Secretary of the Interior may consider necessary for the proper discharge of the functions herein vested in him shall be transferred to the Secretary.

3. This Order shall become effective at the close of business on August 23, 1943. FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

August 16, 1943.

EXECUTIVE ORDER 9370

AUTHORIZING THE ECONOMIC STABILIZATION DIRECTOR TO TAKE CERTAIN ACTION IN CONNECTION WITH THE ENFORCEMENT OF DIRECTIVES OF THE NATIONAL WAR LABOR BOARD

By virtue of the authority vested in me by the Constitution and the statutes of the United States, it is hereby ordered:

In order to effectuate compliance with directive orders of the National War Labor Board in cases in which the Board reports to the Director of Economic Stabilization that its orders have not been complied with, the Director is authorized and directed, in furtherance of the effective prosecution of the war, to issue such directives as he may deem necessary:

* See 30 CFR, Cum. Supp., Chap. V, note.

(a) To other departments or agencies of the Government directing the taking of appropriate action relating to withholding or withdrawing from a non-complying employer any priorities, benefits or privileges extended, or contracts entered into, by executive action of the Government, until the National War Labor Board has reported that compliance has been effectuated;

(b) To any Government agency operating a plant, mine or facility, possession of which has been taken by the President under section 3 of the War Labor Disputes Act, directing such agency to apply to the National War Labor Board, under section 5 of said act, for an order withholding or withdrawing from a non-complying labor union any benefits, privileges or rights accruing to it under the terms or conditions of employment in effect (whether by agreement between the parties or by order of the National War Labor Board, or both) when possession was taken, until such time as the non-complying labor union has demonstrated to the satisfaction of the National War Labor Board its willingness and capacity to comply; but, when the check-off is denied, dues received from the check-off shall be held in escrow for the benefit of the union to be delivered to it upon compliance by it.

(c) To the War Manpower Commission, in the case of non-complying individuals, directing the entry of appropriate orders relating to the modification or cancellation of draft deferments or employment privileges, or both.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

August 16, 1943.

EXECUTIVE ORDER 9371

AMENDMENT OF SECTION 9 OF EXECUTIVE ORDER NO. 8384 OF MARCH 29, 1940, PRESCRIBING REGULATIONS RELATING TO ANNUAL LEAVE OF GOVERNMENT EMPLOYEES

By virtue of the authority vested in me by section 7 of the act of March 14, 1936, entitled "An Act to provide for vacations to Government employees, and for other purposes" (49 Stat. 1161), section 9 of Executive Order No. 8384 of March 29, 1940, prescribing regulations governing the granting of annual leave to Government employees,' is hereby amended by

13 CFR Cum. Supp.

adding thereto the following subsection 2:

"(c) An employee whose active services are terminated as a result of the expiration of a statute in connection with the administration of which he is employed and who at the time of such expiration has not exhausted his accumulated and current accrued leave may be granted leave without pay or furlough for a maximum period of 12 months."

This order shall be effective as of August 23, 1943, and shall be published in the FEDERAL REGISTER.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

August 24, 1943.

EXECUTIVE ORDER 9372

EXCEPTING CERTAIN PERSONS FROM THE CLASSIFICATION OF "ALIEN ENEMY" FOR THE PURPOSE OF PERMITTING THEM TO APPLY FOR NATURALIZATION

WHEREAS section 326 of the Nationality Act of 1940, approved October 14, 1940 (54 Stat. 1150; U.S.C., title 8, sec. 726), reads as follows:

"Sec. 326. (a) An alien who is a native, citizen, subject, or denizen of any country, state, or sovereignty with which the United States is at war may be naturalized as a citizen of the United States if such alien's declaration of intention was made not less than two years prior to the beginning of the state of war, or such alien was at the beginning of the state of war entitled to become a citizen of the United States without making a declaration of intention, or his petition for naturalization shall at the beginning of the state of war be pending and the petitioner is otherwise entitled to admission, notwithstanding such petitioner shall be an alien enemy at the time and in the manner prescribed by the laws passed upon that subject.

"(b) An alien embraced within this section shall not have such alien's petition for naturalization called for a hearing, or heard, except after ninety days' notice given by the clerk of the court to the Commissioner to be represented at the hearing, and the Commissioner's objection to such final hearing shall cause the petition to be continued from time

* Codified as 5 CFR 54.2 (h) (3), infra.

"(c) Nothing herein contained shall be taken or construed to interfere with or prevent the apprehension and removal, agreeably to law, of any alien enemy at any time previous to the actual naturalization of such alien.

"(d) The President of the United States may, in his discretion, upon investigation and report by the Department of Justice fully establishing the loyalty of an alien enemy not included in the foregoing exemption, except such alien enemy from the classification of alien enemy, and thereupon such alien shall have the privilege of applying for naturalization."

NOW, THEREFORE, by virtue of the authority vested in me by the foregoing statutory provisions, and in order to carry out the purposes thereof, I hereby except from the classification "alien enemy" all persons whom the Attorney General, the Commissioner of Immigration and Naturalization, or any District Director of the Immigration and Naturalization Service shall, after investigation fully establishing their loyalty, certify as persons loyal to the United States.

This order supersedes Executive Order No. 9106 of March 20, 1942, entitled "Excepting Certain Persons from the Classification of 'Alien Enemy' for the Purpose of Permitting Them to Apply for Naturalization." 1

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

August 27, 1943.

EXECUTIVE ORDER 9373

OPERATION OF, AND DISPOSITION OF ELECTRIC ENERGY AT, THE DENISON DAM, THE GRAND RIVER DAM, AND THE NORFORK DAM, IN THE STATES OF TEXAS, OKLAHOMA, AND ARKANSAS

WHEREAS by Executive Order No. 9366 of July 30, 1943,2 the Secretary of the Interior was designated as agent for the sale and distribution of electric power and energy generated at the Denison Dam Project; and

WHEREAS it is essential that there be unified administrative control of the disposition of electric energy generated at this and the nearby Grand River Dam

13 CFR Cum. Supp. * Supra.

eral control, and that provision be made for the integrated operation of these projects and for the most efficient disposition of power therefrom:

NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes of the United States, particularly by section 16 of the Federal Power Act (41 Stat. 1072), Title I of the First War Powers Act, 1941 (55 Stat. 838), and by Titles II and III of the Second War Powers Act, 1942 (56 Stat. 176), and as Commander in Chief of the Army and Navy and as President of the United States, it is hereby ordered as follows:

1. All functions, powers, and duties vested in the Federal Works Administrator by Executive Order No. 8944 of November 19, 1941,1 relating to the Grand River Dam Project, and by Executive Order No. 9353 of June 19, 1943,2 relating to the Norfork Dam Project, are hereby transferred to the Secretary of the Interior, to be exercised through such person or persons as he may designate.

2. All functions, powers, and duties vested in the Federal Works Administrator with respect to (1) the Grand River Dam Project (PWA Docket Oklahoma 1097-P-DS); (2) the acquisition of an additional five feet of reservoir storage for the Grand River Dam Project (Federal List No. 584, N. I. R. A.); and (3) the administration, construction, and operation of transmission or other facilities as a part of or in connection with Grand River (Pensacola) project operations, are hereby transferred to and vested in the Secretary of the Interior, to be exercised through such person or persons as he may designate.

3. All property, assets (including the bonds of the Grand River Dam Authority held by the Federal Works Administrator), contracts, accounts, and records used primarily by the Federal Works Administrator in the administration of any function, power or duty transferred by this order, and so much of the personnel and unexpended balances of appropriations, allocations and other funds, available to the Federal Works Administrator for use in carrying out such functions, powers, and duties, as the Director of the Bureau of the Budget may determine, are hereby transferred to the Secretary of the Interior for use in the administration of such functions, powers, and duties.

4. The Secretary of the Interior, acting for and on behalf of the United States, through such person or persons as he may designate, is hereby authorized and directed, to such extent and in such manner as in his judgment the public interest may require, (a) to integrate the power facilities of the Grand River (Pensacola), Norfork, and Denison Projects (including the appurtenant transmission, distribution, marketing, and other facilities); (b) to interconnect the projects with other utility systems in the area and to interchange electric energy with and purchase electric energy from such systems; and (c) to sell and dispose of electric energy to war plants and establishments, public bodies and cоорeratives, and other persons, in that order of preference, at such rates as may be approved by the Federal Power Commission. Any of the functions or powers vested in the Secretary of the Interior with respect to the Grand River, Denison, or Norfork Projects may be exercised by him in carrying out the integrated operation of the said projects; and in addition he may exercise such powers and functions, including the acquisition of land or flowage rights and the construction or acquisition of transmission lines and other facilities, as may be necessary or appropriate for the completion and full utilization of the Grand River (Pensacola) Project or for the effective disposition of power and energy available to him.

5. All Executive orders or parts thereof in conflict with the provisions of this order are hereby superseded to the extent of such conflict.

6. Part II of Executive Order No. 9366 is hereby revoked.

This order shall become effective September 1, 1943.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

August 30, 1943.

EXECUTIVE ORDER 9374

[Transfer of certain personnel between the Coast and Geodetic Survey and the Navy Department; September 3, 1943; not published.]

EXECUTIVE ORDER 9375

AUTHORIZING THE WAR SHIPPING ADMINISTRATOR TO TAKE POSSESSION OF AND OPERATE THE PLANT OF THE ATLANTIC BASIN IRON WORKS, INCORPORATED, AT BROOKLYN, NEW YORK

WHEREAS after investigation I find and proclaim that there is a threatened interruption of the operation of the plant of the Atlantic Basin Iron Works, Incorporated, located at Brooklyn, New York, as a result of a labor disturbance, that the war effort will be unduly impeded or delayed by such interruption, and that the exercise of the following power and authority is necessary to insure the operation of such plant in the interest of the war effort:

NOW, THEREFORE, by virtue of the power and authority vested in me by the Constitution and laws of the United States, particularly the War Labor Disputes Act (Public Law 89, 78th Cong.), as President of the United States and Commander in Chief of the Army and Navy of the United States, it is hereby ordered as follows:

The Administrator of the War Shipping Administration is authorized and directed immediately to take possession of and operate the plant of the Atlantic Basin Iron Works, Incorporated, located at Brooklyn, New York, through and with the aid of such person or persons or instrumentality as he may designate, and insofar as may be necessary or desirable, to produce the war materials called for by the Company's contracts with the United States, its departments and agencies, or as may be otherwise required for the war effort, and do all things necessary or incidental to that end.

Upon request of the War Shipping Administrator, the Secretary of War shall take such action, if any, as he may deem necessary or desirable to provide protection for such plant and all persons employed therein.

The War Shipping Administrator shall employ such employees, including a competent civilian advisor on industrial relations, as are necessary to carry out the provisions of this order and of the directive order of the War Labor Board dated August 25, 1943; and in furtherance of the purposes of this order, the War Shipping Administrator may exercise any existing contractual or other rights of said Company, or take