Executive Order No. 11287, 31 F.R. 8995, June 30, 1966
By virtue of the authority vested in me by the Act of August 25,
1959, entitled "An Act To Establish a National Medal of Science To
Provide Recognition for Individuals Who Make Outstanding Contributions
in the Physical, Biological, Mathematical, and Engineering Sciences," 73
Stat. 431 (hereinafter referred to as the Act), and as President of the
United States, it is ordered as follows:
Section 1. Award of Medal. (a) The President shall award the
National Medal of Science (hereinafter referred to as the Medal)
established by the Act, the specifications of which are prescribed by
Executive Order No. 10910 of January 17, 1961, as amended, on the basis
of recommendations received by him in accordance with the provisions of
this Order to individuals who in his judgment are deserving of special
recognition by reason of their outstanding contributions to knowledge in
the physical, biological, mathematical, or engineering sciences.
(b) The following-described criteria shall govern the award of the
Medal--
(1) Not more than twenty individuals shall be awarded the Medal in
any one calendar year.
(2) No individual shall be awarded the Medal unless, at the time such
award is made, he:
(A) is a citizen or other national of the United States; or
(B) is an alien lawfully admitted to the United States for permanent
residence who (i) has filed a petition for naturalization in the manner
prescribed by Section 334(b) of the Immigration and Nationality Act, and
(ii) is not permanently ineligible to become a citizen of the United
States.
(3) Notwithstanding the provisions of paragraph (2) of this
subsection, the Medal may be awarded posthumously, but only to
individuals who, at the time of their death, met the conditions set
forth in paragraph (2). The Medal shall not be awarded to any
individual after the fifth anniversary of the day of his death.
(c) Each Medal awarded shall be suitably inscribed. Each individual
awarded the Medal shall also receive a citation descriptive of the
award.
(d) The presentation of the Medal shall be made in accordance with
Section 2(d) of the Act.
Sec. 2. The President's Committee. (a) There is hereby established
the President's Committee on the National Medal of Science (hereinafter
referred to as the Committee), which shall be composed of twelve
appointive members and one ex officio member and shall assist the
President, as provided in this order, in connection with the carrying
out of the Act.
(b) Each appointive member of the Committee shall be appointed by the
President from among appropriately qualified citizens of the United
States. Except as otherwise provided in subsection (e) of this Section,
each such member shall be so appointed for a term of three years or for
the balance of the unexpired term of his predecessor, whichever is
appropriate. Members may be reappointed to serve one additional term of
three years. As nearly as practicable, the appointive members of the
Committee shall comprise a cross section of the major fields of science
and engineering.
(c) The President of the National Academy of Sciences shall be an ex
officio member of the Committee.
(d) The President shall from time to time designate one of the
members of the Committee as chairman thereof.
(e) Of the persons first designated as members of the Committee under
the provisions of subsection (b) of this Section, four shall be
designated to serve until December 31, 1966, four shall be designated to
serve until December 31, 1967, and four shall be designated to serve
until December 31, 1968.
Sec. 3. Preliminary procedure. (a) The Committee shall receive, on
behalf of the President, (1) the recommendations made by the National
Academy of Sciences respecting the award of the Medal pursuant to the
provisions of Section 2(a) of the Act, and (2) such similar
recommendations as may be made by any other nationally representative
scientific or engineering organization or other qualified source. Each
such recommendation shall include or be accompanied by such appropriate
supporting material as the Committee may from time to time specify.
(b) On the basis of such criteria, information, and evidence as it
may deem appropriate, and subject to the provisions of Section 1 of this
Order, the Committee shall designate, from among the individuals who are
recommended in accordance with Section 3(a) of this Order, those
individuals whom the Committee recommends for the award of the Medal and
shall transmit the names of those individuals to the President, together
with its recommendations. In so transmitting its recommendations, the
Committee (1) shall include expressions of its views concerning, and
such other information as may be pertinent to, its recommendations, and
(2) may arrange the names of all or some of the recommended individuals
in a sequence deemed by it to indicate the order of precedence in which
the individuals involved deserve to receive the Medal.
(c) Each recommendation respecting the award of the Medal to an
individual which is transmitted to the President by the Committee shall
be accompanied by a draft of a citation describing the contributions
which are being recognized by the award.
Sec. 4. Time of awards and recommendations. (a) Unless otherwise
directed by the President, announcement of the award of the Medal shall
be made during the last sixty days of each calendar year and ceremonies
for presentation of the Medal shall be held during the first ninety days
of the calendar year following the announcement of the award.
(b) Recommendations for awards of the Medals shall be submitted to
the Committee, pursuant to Section 3(a) of this Order, by the first day
of July of the year in which it is proposed that they be announced by
the President. Recommendations of the Committee shall be delivered to
the President by the fifteenth day of October of the year in which it is
proposed that they be announced. Awards of the Medal may be based upon
recommendations of the Committee or upon such other information and
evidence as the President deems appropriate.
Sec. 5. Services and expenses. (a) The National Science Foundation
is authorized to provide such assistance as may be necessary and
appropriate to carry out the purposes of this Order.
(b) The members of the Committee shall serve without compensation,
but the National Science Foundation is authorized to reimburse them for
travel expenses and to pay them per diem in lieu of subsistence as
authorized for persons serving without compensation (5 U.S.C. 73b-2).
Sec. 6. Prior orders. (a) Subject to the provisions of this Order,
the President's Committee on the National Medal of Science established
by Section 2 of this Order shall be deemed to constitute a continuation
of the Committee of the same name established by Executive Order No.
10961 of August 21, 1961. The latter Order is hereby revoked.
(b) Executive Order No. 10910 of January 17, 1961, /1/ is hereby
amended by deleting from its title the words "AND AWARD", and by
deleting the last two sentences of Section 1, and all of Section 2,
thereof.
THE WHITE HOUSE,
June 28, 1966.
LYNDON B. JOHNSON
/1/ 1961 U.S.Code Cong. & Adm.News, p. 1260.
Executive Order No. 11286, 31 F.R. 8279, June 14, 1966
By virtue of the authority vested in me by Section 301 of Title 3 of
the United States Code /1/ and in conformity with the first section of
the Act of February 19, 1966 (80 Stat. 5; Public Law 89-355), /12/ I
hereby designate the Department of Commerce as the Department through
which the United States shall, under that Act, participate in the
Inter-American Cultural and Trade Center (Interama) in Dade County,
Florida. In carrying out that function, the Department is authorized to
exercise the authority vested in me by the first section of the Act of
February 19, 1966.
THE WHITE HOUSE,
June 10, 1966.
LYNDON B. JOHNSON
/11/ 3 U.S.C.A. 301.
/12/ 1966 U.S.Code Cong. & Adm.News, p. 6.
Executive Order No. 11285, 31 F.R. 8211, June 11, 1966
WHEREAS notice was given on December 7, 1965, that I intended to
notify the Senate and House of Representatives of my intention to
terminate the designation of Abu Dhabi, Bahrain, Iran, Iraq,
Kuwait-Saudi Arabia Neutral Zone, Libya, Qatar, and Saudi Arabia as
economically less developed countries for purposes of the tax imposed by
section 4911 of the Internal Revenue Code; and
WHEREAS the Senate and House of Representatives have been duly
notified of my intention to terminate the designation of these countries
as economically less developed countries for such purposes;
NOW, THEREFORE, by virtue of the authority vested in me by section
4916(b) of the Internal Revenue Code of 1954, as added by section 2 of
the Interest Equalization Tax Act, approved September 2, 1964 (Public
Law 88-563) /7/ by section 301 of title 3 of the United States Code, /8/
and as President of the United States, it is hereby ordered as follows:
Section 1. Economically less developed countries. For purposes of
the tax imposed by section 4911 of the Internal Revenue Code, /9/ the
following areas are designated as economically less developed countries:
(a) All foreign countries (including Trust Territories) in existence
on or after the effective date of this order, other than Australia,
Austria, Belgium, Canada, Denmark, Federal Republic of Germany, France,
Iran, Iraq, Ireland, Italy, Japan, Kuwait, Kuwait-Saudi Arabia Neutral
Zone, Libya, Liechtenstein, Luxembourg, Monaco, Netherlands, New
Zealand, Norway, Portugal, San Marino, Saudi Arabia, Spain, Sweden,
Switzerland, Union of South Africa, United Kingdom, and any foreign
country within the Sino-Soviet bloc, as defined in section 2;
(b) Each territory, department, province, and possession (other than
Abu Dhabi, the Bahamas, Bahrain, Bermuda, Hong Kong, and Qatar), of any
foreign country in existence on or after the effective date of this
order, other than a foreign country within the Sino-Soviet bloc, as
defined in section 2, if the territory, department, province, or
possession is overseas from the foreign country of which it is a
territory, department, province, or possession; and
(c) The Commonwealth of Puerto Rico and all possessions of the United
States.
Sec. 2. Definition of the term "foreign country within the
Sino-Soviet bloc." For purposes of this order, the term "foreign country
within the Sino-Soviet bloc" shall mean Albania, Bulgaria, any part of
China which is dominated or controlled by International Communism, Cuba,
Czechoslovakia, Estonia, Hungary, any part of Korea which is dominated
or controlled by International Communism, Latvia, Lituania, Outer
Mongolia, Poland (including any area under its provisional
administration), Rumania, Soviet Zone of Germany and the Soviet Sector
of Berlin, Tibet, Union of Soviet Socialist Republics and the Kurile
Islands, Southern Sakhalin, and areas in East Prussia which are under
the provisional administration of the Union of Soviet Socialist
Republics, and any part of Viet Nam which is dominated or controlled by
International Communism.
Sec. 3. Prior commitments to acquire. Notwithstanding the
provisions of sections 1 and 2 of this order, any area which had the
status of an economically less developed country under Executive Order
No. 11224 prior to the effective date of this order shall be deemed to
be an economically less developed country for purposes of section 4916
with respect to an acquisition of stock or a debt obligation--
(a) If such acquisition is made pursuant to an obligation to acquire
which, prior to December 7, 1965, was unconditional or was subject only
to conditions contained in a formal contract under which partial
performance had occurred; or
(b) If, with respect to such acquisition, the acquiring United States
person (or, in a case where two or more United States persons are making
acquisitions as part of a single transaction, a majority in interest of
such persons), had taken every action prior to December 7, 1965, to
signify approval of the acquisition under the procedures ordinarily
employed by such person (or persons) in similar transactions and had
sent or deposited for delivery to the foreign person from whom the
acquisition was made written evidence of such approval in the form of a
commitment letter, memorandum of terms, draft purchase contract, or
other document setting forth, or referring to a document sent by the
foreign person from whom the acquistion was made which set forth, the
principal terms of such acquisition, subject only to the execution of
formal documents evidencing the acquisition and to customary closing
conditions.
Sec. 4. Rules and regulations. The Secretary of the Treasury or his
delegate is authorized to prescribe from time to time regulations,
rulings, directions, and instructions to carry out the purposes of this
order.
Sec. 5. Effective date. This order shall become effective upon its
filing for publication in the FEDERAL REGISTER.
Sec. 6. Supersedure of Executive Order No. 1124. The Executive
Order No. 11224, dated May 13, 1965, /10/ is hereby superseded.
THE WHITE HOUSE,
June 10, 1966.
LYNDON B. JOHNSON
/7/ 26 U.S.C.A.(I.R.C. 1954) 4916(b).
/8/ 3 U.S.C.A. 301.
/9/ 26 U.S.C.A.(I.R.C. 1954) 4911.
/10/ 26 U.S.C.A.(I.R.C. 1954) 4916 note.
Executive Order No. 11284, 31 F.R. 7669, May 28, 1966
By virtue of the authority vested in me by Sections 5711(b) and
6386(c) of Title 10 of the United States Code, /6/ I hereby suspend the
provisions of Sections 5701(a)(1) and 6371 of Title 10 of the United
States Code.
THE WHITE HOUSE
May 27, 1966.
LYNDON B. JOHNSON
/6/ 10 U.S.C.A. 6836(c).
Executive Order No. 11283, 31 F.R. 7667, May 28, 1966
By virtue of the authority vested in me by Section 1 of the
International Organizations Immunities Act (22 U.S.C. 288), /4/ and
having found that the United States participates in the International
Cotton Institute pursuant to the Articles of Agreement of International
Cotton Institute, entered into under the authority of Section 104 of the
Agricultural Trade Development and Assistance Act of 1954, as amended (7
U.S.C. 1704), /5/ I hereby designate the International Cotton Institute
as a public international organization entitled to enjoy those
privileges, exemptions, and immunities provided for by the International
Organizations Immunities Act which are described in Article VI of the
Articles of Agreement of International Cotton Institute (TIAS 5964), a
copy of which is annexed hereto and made a part of this Order.
THE WHITE HOUSE,
May 27, 1966.
Section 1. Purposes of Article.
To enable the Institute to fulfill the functions with which it is
entrusted, the status, immunities, and privileges set forth in this
article shall be accorded to the Institute in the territories of each
member in which it operates or has assets.
Sec. 2. Status of the Institute.
The Institute shall possess full juridical personality, including but
not limited to the capacity--
(i) to contract;
(ii) to acquire and dispose of real and personal property; and
(iii) to institute legal proceedings.
Sec. 3. Position of the Institute with regard to judicial process.
The Institute and its property and assets, wherever located and by
whomsoever held, shall enjoy the same immunity from suit and every form
of judicial process as is enjoyed by foreign governments except that
actions may be brought by persons, other than members or persons acting
for or deriving claims from members, against the Institute in a court of
competent jurisdiction in the territories of a member in which the
Institute has an office or in a country in which the Institute has
appointed an agent for the purpose of accepting service or notice of
process or as may otherwise be authorized by the General Assembly or by
the terms of any contract to which the Institute is a party.
In any such action, the Instutite's property and assets shall be immune
from all forms of seizure, attachment, or execution before delivery of
final judgment against the Institute unless such immunity is expressly
waived.
Sec. 4. Immunity of assets from seizure.
Property and assets of the Institute, wherever located and by
whomsoever held, shall be immune from search, and from confiscation.
Sec. 5. Immunity of archives.
The archives of the Institute shall be inviolable.
Sec. 6. Privilege of Communications.
With respect to official communications between the Institute and its
members or between the Institute and other governments, the Institute
shall be accorded by each member the same privileges, exemptions, and
immunities that such member accords under similar circumstances to
official communications of foreign governments.
Sec. 7. Immunities and privileges of member representatives and
officers and employees.
(a) Persons designated by members to serve as their representatives
in the General Assembly and officers and employees of the Institute
shall be immune from legal process relating to acts performed by them in
their official capacity and falling within their functions as such
representatives, officers, or employees.
(b) Persons who are not local nationals and who are designated by
members to serve as their representatives in the General Assembly or are
officers or employees of the Institute, or are members of their
immediate families residing with such representatives, officers, or
employees, shall be accorded by each member the same immunities from
immigration restrictions, and alien registration requirements, and the
same facilities as regards exchange restrictions, as are accorded under
similar circumstances by that member to the officers and employees and
members of their families, respectively, of other members.
(c) Persons who are not citizens or permanent residents and who are
designated by members to serve as their representatives in the General
Assembly or are full time officers or employees of the Institute, or are
members of their immediate families residing with such representatives,
full time officers, or employees, shall be exempted from national
service obligations.
(d) Notwithstanding the other provisions of this Agreement, if a
member determines that the entry or continued presence in its territory
of any person entitled to the benefits of this Agreement is not
desirable, that member shall so inform the Institute. After such
notification to the Institute, entry for that person may be denied, or
in the case of a person who has already entered the territory of the
member concerned, that member's obligations under this Agreement with
respect to such person shall cease after such person shall have had a
reasonable length of time, to be determined by that member, to depart
from its territory.
Sec. 8. Immunities from taxation.
The Institute shall be accorded by each member the privileges,
exemptions, and immunities concerning customs duties and taxes imposed
upon or by reason of importation and the procedures in connection
therewith as that member accords to foreign governments under similar
circumstances. The Institute, its assets, property, and income, and its
communications and transportation incident to its operations authorized
by this Agreement, shall also be immune from all taxation by the central
governments of participating members.
Sec. 9. Waiver.
The General Assembly may waive any of the privileges and immunities
conferred under this article to such extent and upon such conditions as
it may determine.
LYNDON B. JOHNSON
/4/ 22 U.S.C.A. 288.
/5/ 7 U.S.C.A. 1704.
Executive Order No. 11282, 31 F.R. 7663, May 28, 1966
By virtue of the authority vested in me as President of the United
States and in furtherance of the purpose and policy of the Clean Air
Act, as amended (42 U.S.C. 1857), /1/ it is ordered as follows:
Section 1. Policy. The heads of the departments, agencies, and
establishments of the Executive Branch of the Government shall provide
leadership in the nationwide effort to improve the quality of our air
through the prevention, control, and abatement of air pollution from
Federal Government activities in the United States. In order to achieve
these objectives--
(1) Emissions to the atmosphere from Federal facilities and buildings
shall not be permitted if such emissions endanger health or welfare, and
emissions which are likely to be injurious or hazardous to people,
animals, vegetation, or property shall be minimized. The procedures
established in section 3 of this Order shall be followed in minimizing
pollution from existing facilities and buildings.
(2) New Federal facilities and buildings shall be constructed so as
to meet the objectives prescribed by this Order and the standards
established pursuant to section 5 of this Order.
(3) The Secretary of Health, Education, and Welfare shall, in
administering the Clean Air Act, as amended, provide technical advice
and assistance to the heads of other departments, agencies, and
establishments in connection with their duties and responsibilities
under this Order. The head of each department, agency, and
establishment shall established appropriate procedures for securing
advice from, and consulting with, the Secretary of Health, Education,
and Welfare.
(4) The head of each department, agency, and establishment shall
ensure compliance with section 107(a) of the Clean Air Act, as amended
(42 U.S.C. 1857f(a), /2/ which declares it to be the intent of Congress
that Federal departments and agencies shall, to the extent practicable
and consistent with the interests of the United States and within
available appropriations, cooperate with the Department of Health,
Education, and Welfare and with any air pollution control agency in
preventing and controlling pollution of the air.
Sec. 2. Procedures for new Federal facilities and buildings. A
request for funds to defray the cost of designing and constructing new
facilities and buildings in the United States shall be included in the
annual budget estimates of a department, agency, or establishment only
if such request includes funds to defray the costs of such measures as
may be necessary to assure that the new facility or buildings will meet
the objectives prescribed by this Order and the standards established
pursuant to section 5 of this Order. Air pollution control needs shall
be considered in the initial stages of planning for each new
installation.
Sec. 3. Procedures for existing Federal facilities and buildings.
(a) In order to facilitate budgeting for corrective and preventive
measures, the head of each department, agency, and establishment shall
provide for an examination of all existing facilities and buildings
under his jurisdiction in the United States and shall develop and
present to the Director of the Bureau of the Budget, by July 1, 1967, a
phased and orderly plan for installing such improvements as may be
needed to prevent air pollution, or abate such air pollution as may
exist, with respect to such buildings and facilities. Subsequent
revisions needed to keep any such plan up to date shall be submitted to
the Director of the Bureau of the Budget with the annual report required
by paragraph (b) of this section.
Future construction work at each such facility and the expected future
use of the facility shall be considered in developing such a plan. Each
such plan, and any revision, therein, shall be developed in consultation
with the Secretary of Health, Education, and Welfare in order to ensure
that adoption of the measures proposed thereby will result in the
prevention or abatement of air pollution in conformity with the
objectives prescribed by this Order and the standards prescribed
pursuant to section 5 of this Order.
(b) The head of each department, agency, and establishment who has
existing facilities and buildings under his jurisdiction in the United
States shall present to the Director of the Bureau of the Budget, by
July 1, 1968, and by the first of each fiscal year thereafter, an annual
report describing progress of his department, agency, or establishment
in accomplishing the objectives of its air pollution abatement plan.
Sec. 4. Objectives for Federal facilities and buildings. (a) Except
for discharges of radioactive emissions which are regulated by the
Atomic Energy Commission, Federal facilities and buildings shall conform
to the air pollution standards prescribed by the State or community in
which they are located. If State or local standards are not prescribed
for a particular location, or if the State or local standards are less
stringent than the standards established pursuant to this Order, the
standards prescribed pursuant to section 5 of this Order shall be
followed.
(b) The emission of flyash and other particulate matter shall be kept
to a minimum.
(c) Emission of sulfur oxides shall be minimized to the extent
practicable.
(d) Wherever appropriate, tall chimneys shall be installed in order
to reduce the adverse effects of pollution. The determination of
chimney height shall be based on air quality criteria, land use, and
meteorological, topographical, aesthetic, and operating factors.
(e) Solid fuels and ash shall be stored and handled so as not to
release to the atmosphere dust in significant quantities. Gasoline or
any volatile petroleum distillate or organic liquid shall be stored and
handled so as not to release to the atmosphere vapor emissions in
significant quantities.
(f) In urban areas refuse shall not be burned in open fires and in
rural areas it shall be disposed of in such a manner as to reasonably
minimize pollution. Refuse shall not be left in dumps without being
covered with inert matter within a reasonably short time. Whenever
incinerators are used they shall be of such design as will minimize
emission of pollutant dusts, fumes, or gases.
(g) Pollutant dusts, fumes, or gases (other than those for which
provision is made above), shall not be discharged to the atmosphere in
quantities which will endanger health or welfare.
(h) The head of each department, agency, and establishment shall,
with respect to each installation in the United States under his
jurisdiction, take, or cause to be taken, such actions as may be
necessary to ensure that discharges of radioactive emissions to the
atmosphere are in accord with the rules, regulations, or requirements of
the Atomic Energy Commission and the policies and guidance of the
Federal Radiation Council as published in the FEDERAL REGISTER.
(i) In extraordinary cases where it may be required in the public
interest, the Secretary of Health, Education, and Welfare may exempt any
Federal facility or building from the objectives of paragraphs (a)
through (g) of this section.
Sec. 5. Standards. (a) The Secretary of Health, Education, and
Welfare shall prescribe standards to implement the objectives prescribed
by paragraphs (a) through (g) of section 4 of this Order. Such
standards may modify these objectives whenever the Secretary of Health,
Education, and Welfare shall determine that such modifications are
necessary in the public interest and will not significantly conflict
with the intent of this Order. Prior to issuing any changes in such
standards, the Secretary of Health, Education, and Welfare shall consult
with appropriate Federal agencies and shall publish the proposed changes
in the FEDERAL REGISTER thirty days prior to their issuance.
All such standards prescribed by the Secretary shall be published in the
FEDERAL REGISTER.
(b) The permits authorized by section 107(b) of the Clean Air Act, as
amended (42 U.S.C. 1857(b)), /3/ may be used to carry out the purposes
of this Order as the Secretary of Health, Education, and Welfare may
deem appropriate.
Sec. 6. Prior Executive Order superseded. Executive Order No. 10779
of August 20, 1958, is hereby superseded.
THE WHITE HOUSE,
May 26, 1966.
LYNDON B. JOHNSON
/1/ 42 U.S.C.A. 1857.
/2/ 42 U.S.C.A. 1857f(a).
/3/ 42 U.S.C.A. 1857f(b).
Executive Order No. 11281, 31 F.R. 7215, May 18, 1966
WHEREAS before October 1, 1948, the Secretary of the Treasury
administered the blocking controls and other restrictions over property
and interests of certain foreign countries or their nationals that had
been imposed, under the authority of section 5(b) of the Trading with
the Enemy Act, as amended (50 U.S.C.App. 5(b)), /7/ by means of and
under Executive Order No. 8389 of April 10, 1940, as amended; /8/ and
WHEREAS by Executive Order No. 9989 of August 20, 1948, /9/
jurisdiction over the property and interests which remained blocked or
restricted under Executive Order No. 8389 on September 30, 1948, /10/
was transferred, effective October 1, 1948, to the Attorney General to
aid him in carrying out his functions as successor to the Alien Property
Custodian, including, among others, the function of vesting property
pursuant to the provisions of the Trading with the Enemy Act, as
amended; and
WHEREAS by Executive Order No. 10644 of November 7, 1955, /11/ the
Attorney General was designated to carry out the functions of the
President under Title II of the International Claims Settlement Act of
1949 (as added by the Act of August 9, 1955, Public Law 285, 84th
Congress, 69 Stat. 562), /12/ including certain vesting and blocking
functions required by section 202 of that Act (22 U.S.C. 1631a), /13/
and the Attorney General, as designee of the President, exercises
controls under Executive Order No. 8389 with respect to the net proceeds
of certain property that are carried, pursuant to section 202, in
blocked accounts with the Treasury; and
WHEREAS the functions of vesting property under the Trading with the
Enemy Act and under section 202 of the International Claims Settlement
Act of 1949 have been terminated; and
WHEREAS the blocking controls now exercised by the Attorney General
under Executive Order No. 8389 are limited in application to property of
Hungary or its nationals acquired on or before January 1, 1945;
property of Czechoslovakia, Estonia, Latvia, Lithuania or nationals of
those countries acquired on or before December 7, 1945; property of
East Germany or its nationals acquired on or before December 31, 1946,
and certain securities scheduled in General Rulings No. 5 and No. 5B, as
amended (9 CFR 511.205 and 511.205b); and
WHEREAS the Office of Alien Property, through which the Attorney
General carried out or has carried out the various responsibilities
described above, will be abolished on or before June 30, 1966, and the
Attorney General thereafter will not be in a position to administer
blocking controls under Executive Order No. 8389 efficiently; and
WHEREAS in the interest of efficiency it is desirable to return to
the Secretary of the Treasury jurisdiction over the property and
interests remaining subject to such block controls:
NOW, THEREFORE, by virtue of the authority vested in me by the
Constitution and the laws of the United States, including the Trading
with the Enemy Act, as amended, Title II of the International Claims
Settlement Act of 1949 and section 301 of Title 3 of the United States
Code, /14/ and as President of the United States, it is hereby ordered
as follows:
Section 1. The authority granted to the Attorney General by
Executive Order No. 9989 with respect to property and interests blocked
or otherwise subject to restriction under Executive Order No. 8389 is
hereby terminated and Executive Order No. 9989 is hereby superseded.
Sec. 2. The Secretary of the Treasury shall hereafter be responsible
for the administration of the Controls exercisable under Executive Order
No. 8389, and he is authorized and directed to take such action as he
may deem necessary with respect to any property or interest that remains
blocked or restricted under Executive Order No. 8389 on the effective
date of this order. In the performance of the functions and duties
hereby reassigned to him, the Secretary of the Treasury may act
personally or through any officer, person, agency or instrumentality
designated by him.
Sec. 3. All orders, regulations, rulings, instructions or licenses
issued prior to the effective date of this order by the Attorney General
or the Secretary of the Treasury with respect to any of the property or
interests referred to in Section 2 shall continue in full force and
effect except as hereafter amended, modified or revoked by the Secretary
of the Treasury.
Sec. 4. No person affected by any order, regulation, ruling,
instruction, license or other action issued or taken by either the
Attorney General or the Secretary of the Treasury in the administration
of Executive Order No. 8389 may challenge the validity thereof or
otherwise excuse any action, or failure to act, on the ground that it
was within the jurisdiction of the Secretary of the Treasury rather than
the Attorney General or vice versa.
Sec. 5. Section 1 of Executive Order No. 10644 of November 7, 1955,
/15/ is hereby amended to read as follows:
"Section 1. (a) With the exception of the functions referred to in
subsection (b) of this section, the Attorney General, and, as designated
by the Attorney General for this purpose, any Assistant Attorney General
are hereby designated and empowered to perform the functions conferred
by Title II of the International Claims Settlement Act of 1949 upon the
President and the functions conferred by that title upon any designee of
the President.
"(b) The Secretary of the Treasury, and any officer, person, agency
or instrumentality designated by the Secretary of the Treasury for this
purpose, are hereby designated and empowered to perform the functions
conferred upon the President by section 202 of Title II with respect to
the release of blocked property and of the net proceeds of property that
are carried in blocked accounts with the Treasury."
Sec. 6. Executive Order No. 8389, this order and all delegations,
designations, regulations, rulings, instructions and licenses issued or
to be issued under Executive Order No. 8389 or this order are hereby
continued in force according to their terms for the duration of the
period of the national emergency proclaimed by Proclamation No. 2914 of
December 16, 1950. /16/ Executive Order No. 10348 of April 26, 1952
/17/ is hereby superseded.
Sec. 7 Nothing in this order shall be deemed to revoke or limit any
powers heretofore conferred on the Secretary of the Treasury by or under
any statute or Executive order, or to revoke or limit any powers
heretofore conferred upon the Attorney General by or under any statute
or Executive order other than Executive Order No. 9989 or No. 10644.
Sec. 8. This order shall become effective at midnight, May 15, 1966.
THE WHITE HOUSE,
May 13, 1966.
LYNDON B. JOHNSON
/7/ 50 U.S.C.A.App. 5(b).
/8/ 10 U.S.C.A. 95a note.
/9/ 50 U.S.C.A.App. 6 note.
/10/ 10 U.S.C.A. 95a note.
/11/ 22 U.S.C.A. 1631a note.
/12/ 22 U.S.C.A. 1631 et seq.
/13/ 22 U.S.C.A. 1631a.
/14/ 3 U.S.C.A. 301.
/15/ 22 J.S.C.A. 1631a note.
/16/ 50 U.S.C.A.App.note Prec. 1.
/17/ 12 U.S.C.A. 95a note.
Executive Order No. 11280, 31 F.R. 7167, May 17, 1966
WHEREAS the Maternal and Child Health and Mental Retardation Planning
Amendments of 1963 and the Mental Retardation Facilities and Community
Mental Health Centers Construction Act of 1963 (77 Stat. 273; 282) /6/
have established a firm statutory basis for combating mental
retardation; and
WHEREAS the mental retardation activities of Federal, State, and
local government agencies and foundations and other private
organizations are expanding rapidly and require careful review in order
that maximum benefits may be achieved; and
WHEREAS there is a continuing need to mobilize the support of the
general public and of specialized professional groups for mental
retardation activities; and
WHEREAS re-evaluation of existing programs to determine their
adequacy and consideration of proposals for new mental retardation
activities is necessary:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is ordered as follows:
Section 1. Committee established. There is hereby established the
President's Committee on Mental Retardation (hereinafter referred to as
the Committee).
Sec. 2. Composition of Committee. The Committee shall be composed
of the following members:
(1) The Secretary of Health, Education, and Welfare, who shall be the
Chairman of the Committee.
(2) The Secretary of Labor.
(3) The Director of the Office of Economic Opportunity.
(4) Not more than twenty-one other members who shall be appointed by
the President from public or private life and may include specialists in
medicine and other healing arts, human development, special education
and employment problems, and members of foundations and other private
organizations active in the mental retardation field. Except as the
President may from time to time otherwise direct, appointees under this
paragraph shall have terms as follows: (A) Of the members first
appointed hereunder, the terms of seven shall expire on the first
anniversary of the date of this Order, the terms of seven shall expire
on the second anniversary, and the terms of seven shall expire on the
third anniversary. (B) The term of each succeeding appointment shall
expire on the third anniversary of the expiration of the predecessor
term, except that an appointment made to fill a vacancy occurring before
the expiration of a term shall be made for the balance of the unexpired
term.
Sec. 3. Functions of the Committee. (a) The Committee shall provide
such advice and assistance in the area of mental retardation as the
President may from time to time request, including assistance with
respect to:
(1) evaluation of the adequacy of the national effort to combat
mental retardation;
(2) coordination of activities of Federal agencies in the mental
retardation field;
(3) provision of adequate liaison between such Federal activities and
related activities of State and local governments, foundations, and
other private organizations; and
(4) development of such information, designed for dissemination to
the general public, as will tend to reduce the incidence of mental
retardation and ameliorate its effects.
(b) The Committee shall mobilize support for mental retardation
activities by meeting with, and providing information for, appropriate
professional organizations and groups broadly representative of the
general public.
(c) The Committee shall make such reports or recommendations to the
President concerning mental retardation as he may require or the
Committee may deem appropriate. Such reports shall be made at least
once annually.
Sec. 4. Cooperation with the Committee. All who may be in a
position to do so are requested to furnish the Committee information
pertinent to its work and otherwise to facilitate the work of the
Committee.
Sec. 5. Administrative arrangements. (a) As may be necessary, each
Federal agency which is represented on the Committee shall furnish
assistance to the Committee in accordance with the provisions of Section
214 of the Act of May 3, 1945 (59 Stat. 134; 31 U.S.C. 691), or as
otherwise permitted by law. The Committee may have an Executive
Director who shall be designated and compensated in consonance with law.
The Department of Health, Education, and Welfare is hereby designated
as the agency which principally shall provide the Committee with
necessary administrative services and facilities.
(b) Each member of the Committee, except any member who then receives
other compensation from the United States, shall receive compensation
for each day he or she is engaged upon the work of the Committee, as
authorized by law (5 U.S.C. 55a), and shall also be entitled to receive
travel expenses, including per diem in lieu of subsistence, as
authorized by law (5 U.S.C. 73b-2) for persons in the Government service
employed intermittently.
Sec. 6. Construction. Nothing in this Order shall be construed as
subjecting any Federal agency, or any function vested by law in, or
assigned pursuant to law to, any Federal agency, to the authority of the
Committee or as abrogating or restricting any such function in any
manner.
THE WHITE HOUSE,
May 11, 1966.
LYNDON B. JOHNSON
/6/ 42 U.S.C.A. 701 et seq. and section 1391 et seq.
Executive Order No. 11279, 31 F.R. 6947, May 12, 1966
By virtue of the authority vested in me as President of the United
States, it is ordered as follows:
Section 1. Establishment of Committee. (a) There is hereby
established the President's Committee on Health Manpower (hereinafter
referred to as the "Committee").
(b) The Committee shall be composed of the Director of the Office of
Science and Technology, who shall be the Chairman of the Committee; the
Secretary of Defense; the Secretary of Health, Education, and Welfare;
the Secretary of Labor; the Administrator of Veterans Affairs; the
Director of the Office of Economic Opportunity; the Director of the
Office of Emergency Planning; and the Director of the Selective Service
System.
Each member of the Committee may designate an alternate, who shall serve
as a member of the Committee whenever the regular member is unable to
attend any meeting of the Committee.
Sec. 2. Duties of the Committee. (a) The Committee shall:
(1) Appraise the current and prospective national requirements for,
and availability of, manpower to meet the health needs of the civilian
population and the armed forces;
(2) Evaluate existing and alternative policies, programs, and
practices of public agencies and private institutions and organizations
for increasing health manpower and assuring maximum effective use
thereof; and
(3) Develop appropriate recommendations for action by Government or
by private institutions, organizations, or individuals for improving the
availability and utilization of health manpower.
(b) Such recommendations shall take into account the final report of
the National Advisory Commission on Health Manpower established by
Section 3 of this order, which report shall be transmitted to the
President with the recommendations of the Committee.
Sec. 3. Establishment of Commission. (a) To assist the Committee in
carrying out its functions under Section 2 of this order, there is
hereby established the National Advisory Commission on Health Manpower
(hereinafter referred to as the "Commission").
(b) The Commission shall be composed of fifteen members appointed by
the President, none of whom shall be officers or full-time employees of
the Federal Government. The President shall designate the Chairman of
the Commission from among its members.
(c) The Commission shall meet on call of the Chairman.
(d) Each member of the Commission may be compensated for each day
such member is engaged upon work of the Commission, and shall be
reimbursed for travel expenses, including per diem in lieu of
subsistence, as authorized by law (5 U.S.C. 55a; 5 U.S.C. 73b-2) for
persons in the Government service employed intermittently.
(e) The Commission shall have an Executive Director, who shall be
designated by the President. Under the direction and supervision of the
Chairman, the Executive Director shall direct and supervise staff
assigned to assist the Commission in carrying out its responsibilities
under this order.
Sec. 4. Duties of the Commission. (a) The Commission shall transmit
to the Committee its independent analysis, evaluation, and
recommendations with respect to all matters assigned to the Committee
for study and recommendations.
(b) In carrying out its duties under subsection (a) above, the
Commission shall:
(1) Make a comprehensive study and appraisal of the current situation
and trends in the provisions of health care for the civilian population
and the armed forces and their implications with respect to the current
and prospective adequacy and utilization of manpower;
(2) Appraise the current policies, programs, and practices of public
agencies and private institutions and organizations and other factors
which have a bearing on the requirements for, and the availability of,
health manpower and the effective allocation and utilization of such
manpower; and
(3) Develop appropriate recommendations for action by Government or
by private institutions, organizations, or individuals for improving the
availability and utilization of health manpower.
(c) The Commission shall submit its final report and recommendations
to the Committee no later than one year after the date of its first
meeting, and shall make such interim reports as it deems will contribute
to improving the availability and utilization of health manpower.
Sec. 5. Federal departments and agencies. (a) The Committee or the
Commission is authorized to request from an Federal department or agency
any information deemed necessary to carry out its functions under this
order; and each department or agency is authorized, consistent with law
and within the limits of available funds, to furnish such information to
the Committee or the Commission.
(b) Each department or agency the head of which is named in Section
1(b) of this order shall, as may be necessary, furnish assistance to the
Committee or the Commission in accordance with the provisions of Section
214 of the Act of May 3, 1945 (59 Stat. 134; 31 U.S.C. 691), or as
otherwise permitted by law.
(c) The Office of Science and Technology is hereby designated as the
agency which shall, or a reimbursable basis, provide administrative
services for the Commission.
Sec. 6. Termination of the Committee and the Commission. The
Committee and the Commission shall terminate ninety days after the final
report of the Commission is submitted to the Committee.
THE WHITE HOUSE,
May 7, 1966.
LYNDON B. JOHNSON
Executive Order No. 11278, 31 F.R. 6681, May 5, 1966
With each passing year American becomes more thoroughly a nation of
cities. Of our two hundred million citizens, 135 million live in major
urban areas. The proportion of city-dwellers is certain to rise in the
decades to come.
The problems, and the opportunities, of city life have dominated our
thoughts in recent years. We have devoted billions of dollars, and
millions of man-hours, to planning and building better cities for our
people.
Yet beyond the limits of the city there lies another America.
It is the America of forests and great plains, of mountains and
valleys, of quiet lakes and lonely shores. In that America, the
changing of the seasons is more than the turning of pages on a calendar.
It is the cycle of decay and rebirth on which all natural life depends.
To be isolated from that natural America is to be impoverished-- no
matter how affluent one may be. To destroy it, to treat it carelessly,
is to disregard one of the profound needs of the human spirit.
We know that we must keep open the avenues between the city and the
natural America that surrounds it. We know that part of the good life
in the city is the opportunity to leave it from time to time-- to be
refreshed by a world no human hand has fashioned.
Because the Federal Government administers massive programs that
affect the natural beauty of our land, it must pursue a course that will
enhance and protect that beauty. It must stimulate action in behalf of
natural beauty and outdoor recreation on the part of others-- of State
and local governments, of private organizations and individual citizens.
If it is to do this well, its own house must be in order. Its
programs must be wise, and they must be coordinated. Its organization
must reflect its responsibilities.
Therefore, by virtue of the authority vested in me as President of
the United States, it is ordered as follows:
BEAUTY
Section 101. Membership and chairmanship. (a) There is hereby
established the President's Council on Recreation and Natural Beauty
(hereinafter referred to as the "Council") which shall be composed of
the Secretary of Defense, the Secretary of the Interior, the Secretary
of Agriculture, the Secretary of Commerce, the Secretary of Health,
Education, and Welfare, the Secretary of Housing and Urban Development,
the Chairman of the Federal Power Commission, the Chairman of the Board
of Directors of the Tennessee Valley Authority, and the Administrator of
General Services.
Each of the foregoing officers may appoint a delegate to represent him
in Council activities.
(b) The chairmanship of the Council shall rotate among the Secretary
of the Interior, the Secretary of Agriculture, the Secretary of
Commerce, and the Secretary of Housing and Urban Development, in the
order named, for terms of two years each. Prior service as chairman of
the Recreation Advisory Council, established by Executive Order No.
11017 of April 27, 1962, as amended, /4/ shall be construed as service
as chairman of the Council for the purposes of such rotation.
(c) When matters are to be considered by the Council which affect the
interest of Federal agencies (including, as used in this order,
executive departments and other executive agencies) the heads of which
are not members of the Council, the chairman of the Council shall invite
such heads to participate in the deliberations of the Council.
Sec. 102. Functions of the Council. (a) The Council shall review
plans and programs of Federal agencies for or affecting outdoor
recreation and natural beauty. The Council shall make recommendations
to the President on matters of policy in the fields of outdoor
recreation and natural beauty. The Council may conduct studies in those
fields and shall encourage and assist Federal agencies to accomplish
effective coordination in such fields.
(b) In carrying out the provisions of subsection (a) of this section,
the Council shall, as far as may be practical, advise Federal agencies
with respect to the effect of their respective plans and programs on
recreation and natural beauty, and may suggest to such agencies such
procedures to better accomplish the purposes of this order. For the
purposes of this order, plans and programs may include, but are not
limited to, those for or affecting: (1) development, restoration, and
preservation of the beauty of the countryside, urban and suburban areas,
water resources, wild rivers, scenic roads, parkways and highways, (2)
the protection and appropriate management of scenic or primitive areas,
natural wonders, historic sites, and recreation areas, (3) the
management of Federal land and water resources, including fish and
wildlife, to enhance natural beauty and recreational opportunities
consistent with other essential uses, (4) cooperation with the States
and their local subdivision and private organizations and individuals in
areas of mutual interest, (5) interstate arrangements, including Federal
participation where authorized and necessary, and (6) vigorous and
cooperative leadership in a nationwide recreation and beautification
effort.
Sec. 103. Coordination. The Secretary of the Interior may make
available to the Council for promoting coordination of outdoor
recreation the authorities and resources available to him under the Act
of May 28, 1963, 77 Stat. 49; to the extent permitted by law, he may
make such authorities and resources available to the Council also for
promoting coordination in natural beauty.
Sec. 104. Assistance and cooperation. (a) The Federal agencies
headed by the officers composing the Council shall furnish necessary
assistance to the Council in consonance with the provisions of Section
214 of the Act of May 3, 1945 (59 Stat. 134; 31 U.S.C. 691).
(b) The staff of the Council shall include an Executive Director,
from the Bureau of Outdoor Recreation, and one individual appointed by
each member of the Council.
(c) Upon request of the chairman of the Council, each Federal agency
shall, to the extent permitted by law and within available funds,
furnish information, data, and reports needed by the Council to
accomplish the purposes of this order.
(d) All Federal officials, in carrying out their statutory
responsibilities and programs, shall be mindful of the objectives of
this order, shall take into account any advice given by the Council
under Section 102(b) herein, and shall take such measures, consistent
with their authorities and available funds, as will assist in protecting
and enhancing the outdoor recreation opportunities and the natural
beauty of the Nation.
Sec. 105. Construction. Nothing in this order shall be construed as
subjecting any function vested by law in, or assigned pursuant to law
to, any Federal agency or the head thereof to the authority of any other
agency or officer or as abrogating or restricting any such function in
any manner.
Sec. 106. Prior orders. Executive Order No. 11017 of April 27,
1962, Executive Order No. 11069 of November 28, 1962, and Executive
Order No. 11218 of April 24, 1965, /5/ are hereby superseded.
NATURAL BEAUTY
Sec. 201. Establishment. There is hereby established the Citizens'
Advisory Committee on Recreation and Natural Beauty (hereinafter
referred to as the "Committee") which shall be composed of not more than
12 members appointed by the President. Appointments to membership on
the Committee shall be for two years initially, but for staggered terms
thereafter, except that the chairman of the Committee shall be appointed
by the President to serve until his successor is appointed.
Sec. 202. Duties and responsibilities. (a) The Committee shall
advise both the President and the Council on matters relating to (1)
outdoor recreation and the beautification of our Nation's cities and
countryside, (2) the correlation of natural beauty and outdoor
recreation activities by Federal agencies and bureaus, and (3) local,
State, and private outdoor recreation and natural beauty activities.
(b) The Committee shall advise and assist the Council in the
evaluation of the Progress made in carrying out the functions of the
Council and recommend to the Council, as necessary, action to accelerate
such progress.
(c) The Committee may, on its own motion, request information
relating to the functions set forth in Section 202(a), above, and
initiate consideration of items which relate to those functions.
Sec. 203. Expenses. Members of the Committee shall receive no
compensation from the United States by reason of their services under
this order but may, subject to law, be allowed travel expenses and per
diem in lieu of subsistence.
THE WHITE HOUSE,
May 4, 1966.
LYNDON B. JOHNSON
/4/ 16 U.S.C.A. 17k.
/5/ 16 U.S.C.A. 17k.
Executive Order No. 11277, 31 F.R. 6609, May 4, 1966
By virtue of the authority vested in me by Section 1 of the
International Organizations Immunities Act (59 Stat. 669; 22 U.S.C.
288), /2/ I hereby designate the International Telecommunications
Satellite Consortium, an organization in which the United States
participates pursuant to the authority of the Communications Satellite
Act of 1962 (76 Stat. 419; 47 U.S.C. 701-744) /3/ and which was
established pursuant to the Agreement Establishing Interim Arrangements
for a Global Commercial Communications System of August 20, 1964, TIAS
5646, and the Special Agreement signed pursuant thereto, as an
international organization, as that term is defined in Section 4(i) of
the International Organizations Immunities Act, entitled to enjoy, from
and after August 20, 1964, all of the privileges, exemptions, and
immunities provided by Section 4(a) of that Act.
The foregoing designation is not intended to abridge in any respect
any privileges, exemptions or immunities which such organization or the
Interim Communications Satellite Committee (provided for by the
above-mentioned Agreements) may have acquired or may hereafter acquire
by treaty, Congressional action, or other Executive order.
The White House,
April 30, 1966.
Lyndon B. Johnson
/2/ 22 U.S.C.A. 288.
/3/ 47 U.S.C.A. 701-744.
Executive Order No. 11276, 31 F.R. 6233, April 23, 1966
WHEREAS disputes exist between the air carriers represented by the
Five Carriers Negotiating Committee, designated in List A, attached
hereto and made a part hereof, and certain of their employees
represented by the International Association of Machinists and Aerospace
Workers, AFL-CIO, a labor organization; and
WHEREAS these disputes have not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS these disputes, in the judgment of the National Mediation
Board, threaten substantially to interrupt interstate commerce to a
degree such as to deprive the country of essential transportation
service:
NOW, THEREFORE, by virtue of the authority vested in me by section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /1/ I hereby
create a board of three members, to be appointed by me, to investigate
these disputes. No member of the board shall be pecuniarily or
otherwise interested in any organization of airline employees or in any
air carrier.
The board shall report its findings to the President with respect to
the disputes within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the carriers
represented by the Five Carriers Negotiating Committee, or by their
employees, in the conditions out of which the disputes arose.
THE WHITE HOUSE,
April 21, 1966.
LYNDON B. JOHNSON
/1/ 45 U.S.C.A. 160.
Executive Order No. 11275, 31 F.R. 5283, April 2, 1966
By virtue of the authority vested in me by Section 301 of Title 3 of
the United States Code, /5/ and as President of the United States, it is
ordered that Executive Order No. 11230 of June 28, 1965, /6/ entitled
Delegating Certain Functions of the President to the Director of the
Bureau of the Budget," be, and it is hereby, amended by substituting for
paragraph (25) of Section 1 thereof the following:
"(25) The authority vested in the President by the first Section of
the Act of August 31, 1964, 78 Stat. 745 (5 U.S.C. 70c), to prescribe
the regulations (relating (1) to the rates at which an allowance will be
paid to employees of the United States who are assigned to duty, other
than temporary duty, as specified in that Section and (2) to defining
the areas and groups of positions to which such rates shall apply)
provided for in that Section."
THE WHITE HOUSE,
March 31, 1968.
LYNDON B. JOHNSON
/5/ 3 U.S.C.A. 301.
/6/ 3 U.S.C.A. 301 note.
Executive Order No. 11274, 31 F.R. 5243, April 1, 1966
By virtue of the authority vested in me by section 179 of the Revised
Statutes (5 U.S.C. 6) /3/ and Section 301 of Title 3 of the United
States Code, /4/ and as President of the United States, it is ordered as
follows:
1. In the event of a vacancy in the Office of the Secretary of
Housing and Urban Development or during the absence or disability of the
Secretary, the Under Secretary shall act as Secretary of Housing and
Urban Development.
2. During any period when, by reason of absence, disability, or
vacancy in office, neither the Secretary nor the Under Secretary is
available to exercise the powers or perform the duties of the Office of
the Secretary, an Assistant Secretary or the General Counsel, in such
order as the Secretary may from time to time prescribe, shall act as
Secretary of Housing and Urban Development. If no such order of
succession is in effect at that time, then they shall act in the order
in which they shall have taken office as Assistant Secretaries or
General Counsel.
THE WHITE HOUSE,
March 30, 1966.
LYNDON B. JOHNSON
/3/ 5 U.S.C.A. 6.
/4/ 3 U.S.C.A. 301.
Executive Order No. 11273, 31 F.R. 4947, March 25, 1966
By virtue of the authority vested in me by subsection (f) of Section
303 of the Government Employees Salary Reform Act of 1964, /1/ and as
President of the United States, Section 2 of Executive Order No. 11248
of October 10, 1965, as amended, /2/ is further amended by adding
thereto the following:
(7) Principal Deputy Assistant Secretary of Defense (Comptroller),
Department of Defense.
THE WHITE HOUSE,
March 22, 1966.
LYNDON B. JOHNSON
/1/ 5 U.S.C.A. 2211.
/2/ 5 U.S.C.A. 2211 note.
Executive Order No. 11272, 31 F.R. 3111, February 25, 1966
By virtue of the authority vested in me as President of the United
States, it is hereby ordered as follows:
Section 1. Executive Order No. 10358 of June 9, 1952, as amended by
Executive Order No. 11226 of May 27, 1965, entitled "Observance of
Holidays by Government Agencies," /8/ is hereby further amended
(1) by changing section 1 to read as follows:
"Section 1. Except as provided in section 10, this Order shall apply
to all executive departments, independent agencies, and Government-owned
or Government-controlled corporations, including their field services."
(2) by adding new section 10 as follows:
"Sec. 10. The provisions of sections 4, 5, 6, 7, and 9 of this Order
shall not apply to the postal field service, and the Postmaster General
shall provide by regulation for equivalent benefits for all employees of
the postal field service."
Sec. 2. The amendments to Executive Order No. 10358, as amended, by
section 1 of this Order shall be effective upon issuance of this Order.
THE WHITE HOUSE,
February 23, 1966.
LYNDON B. JOHNSON
/8/ 5 U.S.C.A. 86a note.
Executive Order No. 11271, 31 F.R. 2991, February 22, 1966
As a mark of respect to the memory of Fleet Admiral Chester W.
Nimitz, it is hereby ordered, pursuant to the provisions of Section 4 of
Proclamation 3044 of March 1, 1954, /7/ that until interment the flag of
the United States shall be flown at half-staff on all buildings,
grounds, and naval vessels of the Federal Government, in the District of
Columbia and throughout the United States and its Territories and
possessions.
THE WHITE HOUSE,
February 21, 1966.
LYNDON B. JOHNSON
/7/ 1954 U.S.Code Cong. & Adm.News, p. 1767.
Executive Order No. 11270, 31 F.R. 2989, February 22, 1966
By virtue of the authority vested in me by Section 5234 of Title 10
of the United States Code, /5/ it is ordered as follows:
The provisions of section 5232(b) of Title 10 of the United States
Code relating to the number of officers serving in the grade of
lieutenant general /6/ are hereby suspended until June 30 of the fiscal
year following that in which the national emergency proclaimed by
Proclamation No. 2914 of December 16, 1950, shall end.
THE WHITE HOUSE,
February 19, 1966.
LYNDON B. JOHNSON
/5/ 10 U.S.C.A. 5234.
/6/ 10 U.S.C.A. 5232(b).
Executive Order No. 11269, 31 F.R. 2813, February 17, 1966
By virtue of the authority vested in me by Reorganization Plan No. 4
of 1965 (30 F.R. 0353), /1/ and as President of the United States, it is
ordered as follows:
Section 1. Establishment of Council. (a) There is hereby
established the National Advisory Council on International Monetary and
Financial Policies, hereinafter referred to as the Council.
(b) The Council shall be composed of the following members: the
Secretary of the Treasury, who shall be the chairman of the Council, the
Secretary of State, the Secretary of Commerce, the Chairman of the Board
of Governors of the Federal Reserve System, and the President of the
Export-Import Bank of Washington.
(c) Whenever matters within the jurisdiction of the Council may be of
interest to Federal agencies not represented on the Council under
Section 1(b) of this order, the Chairman of the Council may consult with
such agencies and may invite them to designate representatives to
participate in meetings and deliberations of the Council.
Sec. 2. Functions of the Council. (a) Exclusive of the functions
delegated by the provisions of Section 3, below, and subject to the
limitations contained in subsection (b) of this Section, all of the
functions which are now vested in the President in consequence of their
transfer to him effected by the provisions of Section 1(b) of
Reorganization Plan No. 4 of 1965 are hereby delegated to the Council.
(b) The functions under Section 4(a) and 4(b)(3) of the Bretton Woods
Agreements Act, including those made applicable to the International
Finance Corporation, the Inter-American Development Bank, and the
International Development Association (22 U.S.C. 286b(a) and (b)(3);
282b; 283b; 284b), /2/ to the extent that such functions consist of
coordination of policies, are hereby delegated to the Council. The
functions so delegated shall be deemed to include the authority to
review proposed individual loan, financial, exchange, or monetary
transactions to the extent necessary or desirable to effectuate the
coordination of policies.
Sec. 3. Functions of the Secretary of the Treasury. (1) Functions
which are now vested in the President in consequence of their transfer
to him effected by the provisions of Section 1(b) of Reorganization Plan
No. 4 of 1965 are hereby delegated to the Secretary of the Treasury to
the extent of the following:
(1) Authority to instruct representatives of the United States to
international financial organizations.
(2) Authority provided for in Section 4(b)(4) of the Bretton Woods
Agreements Act (22 U.S.C. 286(b)(4)). /3/
(b) In carrying out the functions delegated to him by section (a) of
this Section the Secretary shall consult with the Council.
(c) Nothing in this order shall be deemed to derogate from the
responsibilities of the Secretary of State with respect to the foreign
policy of the United States.
Section 4. Information. (a) All agencies and officers of the
Government, including representatives of the United States to
international financial organizations, (1) shall keep the Council or the
Secretary of the Treasury, as the case may be, fully informed concerning
the foreign loan, financial, exchange, and monetary transactions in
which they engage or may engage or with respect to which they have other
responsibility, and(2) shall provided the Council and the Secretary with
such further information or data in their possession as the Council or
the Secretary, as the case may be, may deem necessary to the appropriate
discharge of the responsibilities of the Council and Secretary under
Sections 2 and 3 of this order, respectively.
(b) The Council shall from time to time transmit to all appropriate
agencies and officers of the Government statements of the policies of
the Council under this order and such other information relating to the
above-mentioned transactions or to the functions of the Council
hereunder as the Council shall deem desirable.
Sec. 5. Executive Order No. 10033. Section 2(a) of Executive Order
No. 10033 of February 8, 1949, /4/ is hereby amended by substituting for
the name "National Advisory Council on International Monetary and
Financial Problems" the following: "National Advisory Council on
International Monetary and Financial Policies."
Sec. 6. Effective date. The provisions of this order shall be
effective as of January 1, 1966.
THE WHITE HOUSE,
February 14, 1966.
LYNDON B. JOHNSON
/1/ 5 U.S.C.A. 133z-- 15 note.
/2/ 22 U.S.C.A. 286b(a) and (b)(3); 282b; 283b; 284b.
/3/ 22 U.S.C.A. 286b(b)(4).
/4/ 22 U.S.C.A. 286f note.
Executive Order No. 11268, 31 F.R. 871, January 22, 1966
By virtue of the authority vested in me by subsection (f) of Section
203 of the Government Employees Salary Reform Act of 1964, /9/ and as
President of the United States, Section 2 of Executive Order No. 11248
of October 10, 1965, as amended, /10/ is further amended by adding
thereto the following:
(6) Deputy Director of Defense Research and Engineering (Chemistry
and Materials), Department of Defense.
THE WHITE HOUSE,
January 20, 1966.
LYNDON B. JOHNSON
/9/ 5 U.S.C.A. 2211(f).
/10/ 1965 U.S.Code Cong. & Adm.News, p. 4424.
Executive Order No. 11267, 31 F.R. 807, January 21, 1966
Under and by virtue of the authority vested in me as President of the
United States of America, particularly with respect to the conduct of
the foreign relations of this Nation, and in order to ensure that
Article XXIV of the Treaty of Friendship and General Relations between
the United States and Spain (33 Stat 2105, 2117) can be observed and
fulfilled with good faith by the United States, I hereby designate the
Attorney General of the United States, and such other officers and
employees of the Executive Branch of the Government as he may from time
to time specify, to be the "competent national authorities" on the part
of the United States within the meaning of Article XXIV of the Treaty.
The Attorney General, and the designees specified by him, shall fulfill
the obligations assumed by the United States pursuant to Article XXIV of
the Treaty in the manner and form therein prescribed.
THE WHITE HOUSE,
January 19, 1966.
LYNDON B. JOHNSON
Executive Order No. 11266, 31 F.R. 743, January 20, 1966
By virtue of the authority vested in me by the Universal Military
Training and Service Act (62 Stat. 604), as amended, I hereby prescribe
the following amendment of the Selective Service Regulations prescribed
by Executive Orders No. 10292 of September 25, 1951, /7/ No. 10469 of
July 11, 1953, and No. 11098 of March 14, 1963, /8/ and constituting
portions of Chapter XVI of Title 32 of the Code of Federal Regulations:
Paragraph (a) of section 1622.30, Registrant with a Child or
Children; and Registrant Deferred by Reason of Extreme Hardship to
Dependents, is amended to read as follows:
"(a) In Class III-A shall be placed any registrant who has a child or
children with whom he maintains a bona fide family relationship in their
home and who is not a physician, dentist or veterinarian, or who is not
in an allied specialist category which may be announced by the Director
of Selective Service after being advised by the Secretary of Defense
that a special requisition under authority of section 1631.4 of these
regulations will be issued for the delivery of registrants in such
category."
THE WHITE HOUSE,
January 18, 1966.
LYNDON B. JOHNSON
/7/ 1951 U.S.Code Cong.& Adm.News, p. 1098.
/8/ 1963 U.S.Code Cong. & Adm.News, p. 1720.
Executive Order No. 11265, 31 F.R. 425, January 13, 1966
By virtue of the authority vested in me as President of the United
States and as Commander in Chief of the Armed Forces of the United
States, Executive Order No. 10448 of April 22, 1953, /6/ entitled
"Establishing the National Defense Service Medal," is amended by
substituting for paragraphs 1 and 3 thereof the following:
"1. There is hereby established the National Defense Service Medal,
with suitable appurtenances. Under such regulations as the Secretaries
of the Army, Navy, and Air Force, or the Secretary of the Treasury with
regard to the Coat Guard, when it is not operating as a service in the
Navy, may severally prescribe, and subject to the provisions of this
Order, the National Defense Service Medal shall be awarded to members of
the Armed Forces of the United States who served during any period after
June 26, 1950, and before July 28, 1954, or who served during any period
after December 31, 1960, which the Secretary of Defense designates as
being a period for which active military service merits special
recognition."
"3. Those persons entitled to wear the National Defense Service
Medal for service after June 26, 1950, and before July 28, 1954, or for
service during any designated period after December 31, 1960, are also
entitled to wear a bronze star on their National Defense Service Medal
ribbon for each additional period of active duty designated by the
Secretary of Defense pursuant to paragraph 1 as being a period for which
active military service merits special recognition."
THE WHITE HOUSE,
January 11, 1966.
LYNDON B. JOHNSON
/6/ 1953 U.S.Code Cong. & Adm.News, p. 1006.
Executive Order No. 11264, 31 F.R. 67, January 5, 1966
By virtue of the authority vested in my by Reorganization Plan No. 4
of 1966 (30 F.R. 9353), /1/ and as President of the United States, it is
ordered as follows:
Section 1. Delegation of functions. Except to the extent
inconsistent with Sections 22(a) and 32(a) of this Order, all the
functions which were transferred to the President by Sections 1(c) and
1(d) of Reorganization Plan No. 4 of 1965 are hereby delegated to the
Secretary of State, hereinafter referred to as the Secretary.
Sec. 2. Redelegation. The Secretary may redelegate the functions
delegated to him by the provisions of Section 1 of this Order to
officials or bodies of the Department of State.
Sec. 21. Establishment of Board. (a) There is hereby established in
the Department of State the Board of the Foreign Service, hereafter in
this Part referred to as the Board.
(b) The Board shall be composed of:
(1) Five officials of the Department of State, each of whom shall be
designated as a member of the Board by the Secretary and one of whom
shall be so designated from among the officials of the Agency for
International Development.
(2) One official of each of the following who in each case shall be
designated as a member of the Board by the head of the department or
agency concerned:
(i) The Department of Commerce
(ii) The Department of Labor
(iii) The United States Information Agency
(iv) Such other executive departments and agencies as shall be
designated from time to time by the Secretary, each of which shall have
one member on the Board.
(3) The Chairman of the United States Civil Service Commission.
(e) The Secretary may invite the head of any executive department or
other agency which is not represented on the Board by a member of the
Board to designate a representative to participate in meetings of the
Board whenever matters of substantial interest to such department or
agency are to be considered by the Board.
(d) Each member designated pursuant to subsection (b)(1) or (b)(2),
above, and each representative designated pursuant to subsection (c),
above, shall be chosen from among the officials of the department or
agency concerned who are not below the rank of an Assistant Secretary or
who are occupying positions of comparable responsibility, except that
the Secretary may designate the Director General of the Foreign Service
as one of the members under subsection (b)(1), above.
(e) The Secretary shall from time to time designate a member of the
Board as the chairman of the Board.
Sec. 22. Functions of the Board. (a) There are hereby delegated to
the Board the functions which prior to the taking effect of
Reorganization Plan No. 4 of 1965 were vested in the Board of the
Foreign Service abolished by that plan by Section 211(b) of the Foreign
Service Act of 1946 (22 U.S.C. 826(b)), /2/ exclusive of that part
thereof which follows the last semicolon in the Section, and by Section
637(a) of that Act (22 U.S.C. 1007(a)). /3/
(b) The Board shall perform such additional functions as the
Secretary may from time to time delegate or otherwise assign thereto.
Sec. 31. Establishment of Board. (a) There is hereby established in
the Department of State the Board of Examiners for the Foreign Service,
hereinafter referred to as the Board of Examiners.
(b) The membership of the Board of Examiners shall be constituted in
accordance with regulations prescribed by the Secretary. The Secretary
shall from time to time designate a member of the Board of Examiners as
the chairman thereof. Not more than one half of the membership of the
Board of Examiners may be made up of officers of the Foreign Service.
Sec. 32. Functions of the Board. (a) There are hereby delegated to
the Board of Examiners the functions which prior to the taking effect of
Reorganization Plan No. 4 of 1965 were vested in the Board of Examiners
for the Foreign Service abolished by that plan by Sections 212(a),
516(a), and 517 of the Foreign Service Act of 1946 (22 U.S.C. 827(a);
911(a); 912). /4/
(b) The Board of Examiners shall perform such additional functions as
the Secretary may from time to time delegate or otherwise assign
thereto.
Sec. 33. Direction and supervision. All functions delegated or
otherwise assigned by or pursuant to this Part shall be performed
subject to the direction and supervision of the Secretary.
Sec. 41. Administrative arrangements. (a) The Department of State
is hereby designated as the agency which shall provide administrative
services and facilities for the Board of the Foreign Service and the
Board of Examiners.
(b) Upon request of the Secretary, the heads of executive departments
and agencies shall, as far as practicable, furnish the Board of the
Foreign Service and the Board of Examiners information and reports
relating to matters within the cognizance of the respective boards.
Sec. 42. Saving provisions. (a) Except to the extent that they may
be inconsistent with this Order, all determinations, authorizations,
regulations, rulings, certificates, orders, directives, contracts,
agreements and other actions made, issued, or entered into with respect
to any functions affected by this Order and not revoked, superseded, or
otherwise made inapplicable before the effective date of this Order
shall continue in full force and effect until amended, modified, or
terminated by appropriate authority.
(b) For the purposes of any proceeding or other business which
immediately before the effective date of Reorganization Plan No. 4 of
1965 or of this Order was pending or in process before the Board of the
Foreign Service or the Board of Examiners for the Foreign Service as
established by the provisions of the Foreign Service Act of 1946 or by
the provisions of Executive Order No. 11240 of August 4, 1965, /5/ the
bodies established by Parts II and III of this Order shall be deemed to
represent continuations of the respective Boards.
(c) Nothing in Reorganization Plan No. 4 of 1965 (30 F.R. 9353) or in
this Order or in any Executive order issued before the date of this
Order shall be deemed to terminate or impair any of the following:
(1) The availability to the Director of the United States Information
Agency of the authority which was made available to him by Executive
Order No. 10522 of March 26, 1954.
(2) The availability to the Administrator of the Agency for
International Development of the authority which was made available to
him by Section 2(b)(3) of State Department Delegation of Authority No.
104 of November 3, 1961, 26 F.R. 10608.
(3) The availability to the Director of the Peace Corps of the
authority which was made available to him by Section 2(b)(3) of State
Department Delegation of Authority No. 85-11A of August 29, 1962, 27
F.R. 9074.
(4) The availability to the Secretary of State of the authority which
was vested in him by Section 42(3) of the Arms Control and Disarmament
Act (22 U.S.C. 2582(e)).
Sec. 43. Effective date. The provisions of this Order shall be
effective as of January 1, 1966.
THE WHITE HOUSE,
December 31, 1965.
LYNDON B. JOHNSON
/1/ 5 U.S.C.A. 133z-- 15 note.
/2/ 22 U.S.C.A. 826(b).
/3/ 22 U.S.C.A. 1007(a).
/4/ 22 U.S.C.A. 827(a), 911(a), and 912.
/5/ 1965 U.S.Code Cong. & Adm.News, p. 4411.
Executive Order No. 11263, 30 F.R. 15777, December 22, 1965
By virtue of the authority vested in me by the Constitution, and as
President of the United States and Commander in Chief of the armed
forces of the United States, subsection (b) of Section 8 of Executive
Order No. 10713 of June 5, 1957, as amended by Executive Order No. 11010
of March 19, 1962, is further amended to read as follows:
"(b)(1) The Chief Executive shall be elected by a majority of the
entire membership of the legislative body and shall serve until the end
of the term of the legislative body that shall have elected him.
"(2) In the event the legislative body does not, within a reasonable
time as determined by the High Commissioner, elect a Chief Executive to
succeed an incumbent or to fill a vacancy, the High Commissioner may
appoint a Chief Executive who shall serve until a successor is elected
by the legislative body.
"(3) The incumbent Chief Executive at the end of the term of a
legislative body shall continue in office until a successor takes office
pursuant to either of the foregoing paragraphs."
THE WHITE HOUSE,
December 20, 1965.
LYNDON B. JOHNSON
Executive Order No. 11262, 30 F.R. 15399, December 15, 1965
By virtue of the authority vested in me by subsection (f) of section
303 of the Government Employees Salary Reform Act of 1964, and as
President of the United States, Executive Order No. 11248 of October 10,
1965, as amended, /11/ is further amended as follows:
Section 1. Section 1 of that Order, placing certain positions in
Level IV of the Federal Executive Salary Schedule, is amended by adding
thereto the following:
(4) Executive Secretary, President's Commission on Law Enforcement
and Administration of Justice.
Sec. 2. Section 2 of that Order, placing certain positions in Level
V of the Federal Executive Salary Schedule, is amended by adding thereto
the following:
(4) Director, Bureau of Outdoor Recreation, Department of the
Interior.
(5) Assistant to the Secretary of Defense (Legislative Affairs).
THE WHITE HOUSE,
December 13, 1965.
LYNDON B. JOHNSON
/11/ 1965 U.S.Code Cong. & Adm.News, p. 4424.
Executive Order No. 11261, 30 F.R. 15397, December 15, 1965
By virtue of the authority vested in me by the Foreign Assistance Act
of 1961 (75 Stat. 424), and as President of the United States, it is
ordered that Executive Order No. 10973 of Nobember 3, 1961, /10/ be, and
it is hereby, amended by substituting for Section 304 thereof the
following:
"Sec. 304. United States Information Agency. (a) The United States
Information Agency shall perform all public information functions abroad
with respect to the foreign-assistance, aid, and development programs of
the United States Government.
"(b) There are hereby delegated to the Director of the United States
Information Agency the functions conferred upon the President by
sections 221 and 222 of the Act to the extent that those functions
relate to informational media guaranties authorized by section 1011 of
the United States Information and Educational Exchange Act of 1948 (68
Stat. 862), as amended."
THE WHITE HOUSE,
December 11, 1965.
LYNDON B. JOHNSON
/10/ 22 U.S.C.A. 2381 note.
Executive Order No. 11260, 30 F.R. 15395, December 15, 1965
WHEREAS there has been created in the Department of Health,
Education, and Welfare, under the authority of Section 4(a) of Public
Law 89-115, approved August 9, 1965, 79 Stat. 449, /8/ the position of
"Assistant Secretary (for Education)"; and
WHEREAS it is appropriate that the Assistant Secretary (for
Education) perform the function of facilitating the coordination of
Federal education programs and be a member, and the chairman, of the
Federal Interagency Committee on Education:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is ordered that Executive Order No. 11185 /9/
of October 16, 1964, entitled "To Facilitate Coordination of Federal
Education Programs," be, and it is hereby, amended as follows:
(1) By substituting for the text "Commissioner of Education
(hereinafter referred to as the Commissioner)" in Section 1 the
following: "Assistant Secretary (for Education) (hereinafter referred
to as the Assistant Secretary)".
(2) By substituting for "Commissioner of Education" in the catchline
of Section 2 the following: "Assistant Secretary (for Education)".
(3) By substituting for the word "Commissioner" in the first sentence
of Section 2 and in Sections 3(c), 3(d), and 4(b) the words "Assistant
Secretary".
(4) By substituting for the text "The Committee shall be composed of
the Commissioner, who shall be the chairman", in Section 4(c), the
following: "The Committee shall be composed of the Assistant Secretary,
who shall be the chairman, the Commissioner of Education".
THE WHITE HOUSE,
December 11, 1965.
LYNDON B. JOHNSON
/8/ 5 U.S.C.A. 633h.
/9/ 20 U.S.C.A. 1 note.
Executive Order No. 11259, 30 F.R. 15057, December 7, 1965
By virtue of the authority vested in me by Section 301(a) of Title
37, United States Code, /6/ and as President of the United States and
Commander in Chief of the Armed Forces of the United States, Section
108(c) of Executive Order No. 11157 of June 22, 1964, /7/ is hereby
amended by adding the following new sentence at the end thereof:
"The minimum requirements may be waived by the commanding officer of
a member for any period that the member is unable to perform the
required jumps by reason of being engaged in combat operations in a
hostile fire area designated under Section 310 of title 37 of the United
States Code."
The Order shall be effective December 1, 1965.
THE WHITE HOUSE,
December 3, 1965.
LYNDON B. JOHNSON
/6/ 37 U.S.C.A. 301(a).
/7/ 1964 U.S.Code Cong. & Adm.News, p. 4180.
Executive Order No. 11258, 30 F.R. 14483, November 19, 1965
By virtue of the authority vested in me as President of the United
States and in furtherance of the purpose and policy of the Federal Water
Pollution Control Act, as amended (33 U.S.C. 466), /4/ it is ordered as
follows:
Section 1. Policy. The heads of the department, agencies, and
establishments of the Executive Branch of the Government shall provide
leadership in the nationwide effort to improve water quality through
prevention, control, and abatement of water pollution from Federal
Government activities in the United States. In order to achieve these
objectives--
(1) Pollution from all existing Federal facilities and buildings
shall be controlled in accordance with plans to be submitted to the
Director of the Bureau of the Budget pursuant to Se-tion 3of this Order;
(2) New Federal facilities and buildings shall be constructed so as
to meet the pollution control standards prescribed by Section 4 of this
Order;
(3) Pollution caused by all other operations of the Federal
Government, such as water resources projects and operations under
Federal loans, grants, or contracts, shall be reduced to the lowest
level practicable;
(4) Review and surveillance of all such activities shall be
maintained to assure that pollution control standards are met on a
continuing basis;
(5) The Secretary of Health, Education, and Welfare shall, in
administering the Federal Water pollution Control Act, as amended,
provide technical advice and assistance to the heads of other
departments, agencies, and establishments in connection with their
duties and responsibilities under this Order.
(6) The head of each department, agency, and establishment shall
ensure compliance with Section 11 of the Federal Water Pollution Control
Act, as amended (33 U.S.C. 466h), which declares it to be the intent of
Congress that Federal departments and agencies shall, insofar as
practicable and consistent with the interests of the United States and
within available appropriations, cooperate with the Secretary of Health,
Education, and Welfare and with State and interstate agencies and
municipalities, in preventing or controlling water pollution; and
(7) Water pollution control needs shall be considered in the initial
stages of planning for each new installation or project, and the head of
each department, agency, and establishment shall establish appropriate
procedures for securing advice and for consulting with the Secretary of
Health, Education, and Welfare at the earliest feasible stage.
Sec. 2. Procedures for new Federal facilities and buildings. (a) A
request for funds to defray the cost of designing and constructing new
facilities and buildings in the United States shall be included in the
annual budget estimates of a department, agency, or establishment only
if such request includes funds to defray the costs of such measures as
may be necessary to assure that the new facility or building will meet
the general standards prescribed by Section 4 of this Order.
(b) Prior to any solicitation of bids for construction of any such
new facility or building a description of the essential features of the
water pollution control and treatment measures proposed for the project
shall be submitted to the Secretary of Health, Education and Welfare for
prompt review and advice as to the adequacy and effectiveness of the
measures proposed and for advice as to any related operating procedures
and continuing laboratory examinations deemed necessary to ensure
effective plant operation.
Sec. 3. Procedures for existing Federal facilities and buildings.
(a) In order to facilitate budgeting for corrective and preventive
measures, the head of each department, agency, and establishment shall
provide for an examination of all existing facilities and buildings
under his jurisdiction in the United States and shall develop and
present to the Director of the Bureau of the Budget, by July 1, 1966, a
phased and orderly plan for installing such improvements as may be
needed to prevent water pollution, or abate such water pollution as may
exist, with respect to such buildings and facilities. Subsequent
revisions needed to keep any such plan up-to-date shall be promptly
submitted to the Director of the Bureau of the Budget. Future
construction work at each such facility and the expected future use of
the facility shall be considered in developing such a plan. Each such
plan, and any revisions therein, shall be developed in consultation with
the Secretary of Health, Education, and Welfare in order to ensure that
adoption of the measures proposed thereby will result in the prevention
or abatement of water pollution in conformity with the general standards
prescribed by Section 4 of this Order.
(b) The head of each department, agency, and establishment shall
present to the Director of the Bureau of the Budget, by July 1, 1967,
and by the first of each fiscal year thereafter, an annual report
describing progress of his department, agency, or establishment in
accomplishing the objectives of its pollution abatement plan.
Sec. 4. General standards. (a) Federal installations shall provide
secondary treatment, or its equivalent, for all wastes except cooling
water and fish hatchery effluents. Discharge of wastes into municipal
sewerage systems maintaining adequate treatment is hereby declared to be
the preferred method of disposal. However, whenever connection to such
a system is not feasible, the department, agency, or establishment
concerned shall be responsible for installing its own waste treatment
system.
Upon an application of the head of a department, agency, or
establishment, a degree of treatment less than secondary may be approved
with respect to an agency-installed system in an exceptional case if the
Secretary of Health, Education, and Welfare finds that a lesser degree
of treatment is adequate to protect the quality of the receiving waters.
(b) If discharge of cooling water is expected to create problems by
significantly increasing the temperature of the receiving waters,
facilities shall be installed, or oeprating procedures shall be
established, to maintain water temperatures within acceptable limits.
(c) Storage facilities for materials which are hazardous to health
and welfare, and for oils, gases, fuels or other materials capable of
causing water pollution, if accidentally discharged, shall be located so
as to minimize or prevent any spillage which might result in water
pollution. Engineering measures to entrap spillage, such as catchment
areas, relief vessels, or entrapment-dikes, shall be installed so as to
prevent accidental pollution of water.
(d) No waste shall be discharged into waters if it contains any
substances in concentrations which are hazardous to health.
(e) No waste shall be discharged into waters if it contains any
substances in concentrations which will result in substantial harm to
domestic animals, fish, shellfish, or wildlife, if methods of treatment
or disposal are available that will remove or render harmless such
pollutants. If such methods are not available, but can reasonably be
developed, they will be developed and used at the earliest possible
date. A determination that such methods are not available or cannot
reasonably be developed will not be made without the concurrence of the
Secretary of Health, Education, and Welfare.
(f) The head of each department, agency, and establishment shall,
with respect to each installation in the United States under his
jurisdiction, make, or cause to be made, such surveys as may be
necessary to ensure that discharges of waste effluents from activities
concerned with radioactivity are in accord with the applicable rules,
regulations, or requirements of the Atomic Energy Commission (10 CFR,
Part 20) and the policies and guidance of the Federal Radiation Council
as published in the Federal Register.
(g) Construction and operating plans for waste treatment facilities
shall include space for the conduct of necessary laboratory analyses and
for he maintenance of records of results thereof whenever the size and
complexity of the system makes this necessary.
(h) Construction and operating plans for waste treatment facilities
shall take into account water quality standards promulgated pursuant to
the provisions of the Water Quality Act of 1965 (79 Stat. 903).
(i) Any waste treatment facilities installed by any department,
agency, or establishment shall as far as practicable be constructed so
as to conform with any areawide program, meeting criteria established by
the Housing and Home Finance Administrator for a unified or officially
coordinated areawide sewer facilities system as part of a
comprehensively planned development of an area pursuant to Section
702(c) of the Housing and Urban Development Act of 1965, that may have
been adopted with respect to the areas concerned.
Sec. 5. Modification of standards. The standards prescribed by
paragraphs (a) through (e) and (g) through (i) of Section 4 of this
Order may be supplemented or modified by the Secretary of Health,
Education, and Welfare, after consultation with the Director of the
Bureau of the Budget. All such changes shall be published in the
Federal Register.
Sec. 6. Procedures for Federal water resources projects. (a) The
Secretaries of Agriculture, the Army, and the Interior, the Tennessee
Valley Authority, and the United States Section of the International
Boundary and Water Commission shall present for the consideration of the
Secretary of Health, Education, and Welfare any plans that they propose
to recommend with respect to the authorization or construction of any
Federal water resource development project in the United States.
Such plans must be consistent with the general standards prescribed by
Section 4 of this Order to the fullest extent practicable. The
Secretary of Health Education, and Welfare shall review such plans and
supporting data relating to water quality, and shall prepare a report to
the head of the responsible department, agency, or establishment
describing the potential impact of the project on water quality,
including recommendations concerning any changes or other measures with
respect thereto which he considers to be necessary with respect to the
design, construction, and operation of the project.
(b) The report of the Secretary of Health, Education, and Welfare
shall accompany any report proposing authorization or construction of
such a water resource development project. In any case in which the
Secretary of Health, Education, and Welfare fails to submit a report
within 90 days after receipt of project plans, the head of the
department, agency, or establishment concerned may propose authorization
or construction of the project without such an accompanying report. In
any such case, the head of the department, agency, or establishment
concerned shall explicitly state in his report concerning the project
that the Secretary of Health, Education, and Welfare has not reported on
the potential impact of the project on water quality.
Sec. 7. Review of facilities or operations supported by Federal
loans, grants, or contracts. (a) The head of each department, agency
and establishment shall conduct a review of the loan, grant, and
contract practices of his organization to determine the extent to which
water pollution control standards similar to those set forth in this
Order for direct Federal operations should be adhered to by borrowers,
grantees, or contractors with respect to their operations in the United
States. The head of each department, agency, and establishment shall
review all such activities for which there is a significant potential
for reduction of water pollution and develop appropriate recommendations
for accomplishing such reduction. In conducting this review, necessary
technical assistance should be sought from the Secretary of Health,
Education, and Welfare and the heads of other appropriate Federal
agencies. A report on the results of this review shall be submitted to
the Director of the Bureau of the Budget by July 1, 1966.
(b) The heads of departments, agencies, and establishments are
encouraged to prescribe regualtions converting loan, grant, or contract
practices designed to reduce water pollution.
Sec. 8. Study of water pollution from vessel operations. The
Secretary of Health, Education, and Welfare shall make a comprehensive
study of the problem of water pollution within the United States caused
by the operation of vessels, and shall develop such recommendations for
corrective or preventive action as may be appropriate, including
recommendations with respect to vessels operated by any department,
agency, or establishment of the Federal Government. The results of the
study and recommendations shall be transmitted to the President by
January 1, 1967. The study and report thereon shall be prepared in
consultation with, and with the advice and assistance of, the Secretary
of Defense, the Secretary of the Treasury, and the Secretary of
Commerce.
Sec. 9. Prior Executive Order superseded. Executive Order No. 10014
of November 5, 1948, /5/ is hereby superseded.
THE WHITE HOUSE,
November 17, 1965.
LYNDON B. JOHNSON
/4/ 33 U.S.C.A. 466.
/5/ 33 U.S.C.A. 466 note.
Executive Order No. 11257, 30 F.R. 14353, November 17, 1965
By virtue of the authority vested in me by Section 301 of title 3 of
the United States Code /1/ and Sections 9(b)(8) and 9(c) of the Federal
Employees Salary Act of 1965, /2/ and as President of the United States,
it is ordered that Executive Order No. 11228 of June 14, 1965, /3/
entitled "Providing for the performance by the Civil Service Commission
of certain functions vested in or subject to the approval of the
President," be, and it is hereby, amended by inserting the following at
the end of Section 1 thereof:
"(4) The authority vested in the President by Section 9(b)(8) of the
Federal Employees Salary Act of 1965 (approved October 29, 1956) to
prescribe rules and regulations excluding officers or employees from the
application of Section 9 of that Act.
"(5) The authority vested in the President by Section 9(c) of the
Federal Employees Salary Act of 1965 to prescribe rules and regulations
governing severance pay."
Rules and regulations prescribed in pursuance of the amendments made
by this order may be made effective on any date not earlier than the
date of enactment of the Federal Employees Salary Act of 1965.
THE WHITE HOUSE,
November 13, 1965.
LYNDON B. JOHNSON
/1/ 3 U.S.C.A. 301.
/2/ 5 U.S.C.A. 1117.
/3/ 1965 U.S.Code Cong. & Adm.News, p. 4395.
Executive Order No. 11256, 30 F.R. 14137, November 10, 1965
By virtue of the authority vested in me as President of the United
States, it is ordered as follows:
Section 1. Establishment of Committee. (a) There is hereby
established the President's Committee on Food and Fiber (hereinafter
referred to as the "Committee").
(b) The Committee shall be composed of the Secretary of Agriculture,
who shall be the Chairman of the Committee; the Secretary of State;
the Secretary of Commerce; and the Secretary of Labor. Each member of
the Committee may designate an alternate member, who shall serve as a
member of the Committee whenever the regular member is unable to attend
any meeting of the Committee.
Sec. 2. Duties of the Committee. (a) The Committee shall:
(1) Appraise existing and alternative agricultural policies and
foreign trade policies related thereto in terms of the national
interest, the welfare of farmers, workers, consumers, rural Americans,
and the general public; their effects on the performance of the economy
and on foreign relations; and their implications for the optimum
allocation of Federal resources among national objectives; and
(2) Develop such recommendations for action by Government or by
private enterprise as it deems most appropriate to advance the general
public interest.
(b) Such recommendations shall take into account the final report of
the National Advisory Commission on Food and Fiber established by
Section 3 of this order, which report shall be transmitted to the
President with the recommendations of the Committee.
Sec. 3. Establishment of Commission. (a) To assist the Committee in
carrying out its functions under Section 2 of this order, there is
hereby established the National Advisory Commission on Food and Fiber
(hereinafter referred to as the "Commission").
(b) The Commission shall be composed of members appointed by the
President. The President shall designate the Chairman of the Commission
from among its members.
(c) The Commission shall meet on call of the Chairman.
(d) Each member of the Commission may be compensated for each day
such member is engaged upon the work of the Commission, and shall be
reimbursed for travel expenses, including per diem in lieu of
subsistence, as authorized by law (5 U.S.C. 55a; 5 U.S.C. 73b-2) for
persons in the Government service employed intermittently.
(e) The Commission shall have an Executive Director, who shall be
designated by the President. Under the direction and supervision of the
Chairman, the Executive Director shall direct and supervise staff
assigned to assist the Commission in carrying out its responsibilities
under this order.
Sec. 4. Duties of the Commission. (a) The Commission shall transmit
to the Committee its independent analysis, evaluation, and
recommendations with respect to all matters assigned to the Committee
for study and recommendations.
(b) In carrying out its duties under subsection (a) above, the
Commission shall:
(1) Make a comprehensive study and appraisal of the current economic
situation and trends in American farming, including productivity, costs,
prices, incomes, farm employment, labor standards, foreign trade, and
related matters;
(2) Evaluate existing and alternative agricultural policies and
foreign trade policies related thereto in terms of the national
interest, the welfare of farmers, workers, consumers, rural Americans,
and the general public; their effects on the performance of the economy
and on foreign relations; and their implications for the optimum
allocation of Federal resources among national objectives; and
(3) Develop such recommendations for action by Government or private
enterprise as it deems appropriate to advance the general public
interest.
(c) The Commission shall submit its final report and recommendations
to the Committee no later than eighteen months after the date of its
first meeting, and may make any interim reports which it deems would
expedite the work of the Committee.
Sec. 5. Federal departments and agencies. (a) The Committee or the
Commission is authorized to request from any Federal department, agency,
or independent instrumentality of the Government any information deemed
necessary to carry out its functions under this order; and each
department, agency, and instrumentality is authorized, to the extent
permitted by law and within the limits of available funds, to furnish
such information to the Committee or the Commission.
(b) Each department the head of which is named in Section 1(b) of
this order shall, as may be necessary, furnish assistance to the
Committee or the Commission in accordance with the provisions of Section
214 of the Act of May 3, 1945 (59 Stat. 134; 31 U.S.C. 691), or as
otherwise permitted by law.
(c) The General Services Administration is hereby designated as the
agency which shall, on a reimbursable basis, provide administrative
services for the Commission.
Sec. 6. Termination of the Committee and the Commission. The
Committee and the Commission shall terminate ninety days after the
submission of the final report of the Commission.
Sec. 7. Revocation of orders. Executive Order 10472 of July 20,
1953, /3/ and Executive Order 10937 of May 3, 1961, /4/ are hereby
revoked.
THE WHITE HOUSE,
November 4, 1965.
LYNDON B. JOHNSON
/3/ 5 U.S.C.A. 511 note.
/4/ 5 U.S.C.A. 511 note.
Executive Order No. 11255, 30 F.R. 14135, November 10, 1965
Pursuant to the authority vested in me by sections 4169 and 4303 of
title 39 of the United States Code, I hereby designate, for the purposes
of those sections, as an overseas combat area where the Armed Forces of
the United States are engaged in military operations involving armed
conflict with a hostile foreign force:
Vietnam, including the waters adjacent thereto within the following
described limits: From a point on the East Coast of Vietnam at the
juncture of Vietnam with China southeastward to 21 degrees N Lat., 108
degrees 15' E Long.; thence southward to 18 degrees N Lat., 110 degrees
45' E Long.; thence southward to 11 degrees N Lat., 110 degrees 45' E
Long.; thence southwestward to 7 degrees N Lat., 105 degrees E Long.;
thence westward to 7 degrees N Lat., 103 degrees E Long.; thence
northward to 9 degrees 30' N Lat., 103 degrees E Long.; thence
northeastward to 10 degrees 15' N Lat., 104 degrees 27' E Long; thence
northward to a point on the the West Coast of Vietnam at the juncture of
Vietnam with Cambodia.
THE WHITE HOUSE,
November 1, 1965.
LYNDON B. JOHNSON
Executive Order No. 11254, 30 F.R. 13569, October 26, 1965
By virtue of the authority vested in me by the Automotive Products
Trade Act of 1965 (approved October 21, 1965; hereinafter referred to
as the Act), /1/ particularly by Section 302(k) thereof, /2/ and as
President of the United States, it is ordered as follows:
Section 1. There is hereby established the Automotive Agreement
Adjustment Assistance Board (hereinafter referred to as the "Board"),
which shall consist of the Secretary of the Treasury, the Secretary of
Commerce, akd the Secretary of Labor. The Board shall elect a Chairman
from among its members.
Sec. 2. There are hereby delegated to the Board the functions
conferred upon the President by Section 302 of the Act.
Sec. 3. (a) The Board shall request information and advice from
other Government agencies and from public sources as it may deem
appropriate. The Board shall make each final determination, under
Sections 302(b), (c), or (d) of the Act, with respect to a firm or group
of workers only after compliance with section 302(f)(1) of the Act.
(b) Upon request of the Board, the heads of Federal agencies shall so
far as practicable provide the Board with information and reports
relating to matters within the cognizance of the Board.
(c) Each Department represented on the Board shall furnish necessary
assistance to the Board in accordance with Section 214 of the Act of May
3, 1945 (31 U.S.C. 691).
Sec. 4. (a) The Board may have an Executive Secretary.
(b) The Board may from time to time establish appropriate subsidiary
bodies to assist it in carrying out the functions conferred upon it by
Section 2, above. The Board is authorized to re-delegate such functions
as it considers appropriate, other than the making of final
determinations, certifications, and terminations of certifications under
Sections 302(b), (c), (d), and (g) (2) of the Act.
THE WHITE HOUSE,
October 21, 1965.
LYNDON B. JOHNSON
/1/ 19 U.S.C.A. 2001 et seq.
/2/ 19 U.S.C.A. 2022(k).
Executive Order No. 11253, 30 F.R. 13509, October 23, 1965
By virtue of the authority vested in me by Sections 301(a) and (f) of
Title 37 of the United States Code /9/ and as President of the United
States and Commander in Chief of the Armed Forces of the United States,
Section 106 of Executive Order No. 11157 of June 22, 1964, /10/ is
hereby amended by inserting "(a)" immediately after "Sec. 106.", and by
adding at the end thereof the following new subsection:
"(b) As determined by the Secretary of the Navy, any member qualified
in submarines who, pursuant to competent orders, is assigned as a member
of a submarine operations command staff whose duties require serving on
a submarine during underway operations and who--
(1) during one calendar month, so serves 48 hours,
(2) during any two consecutive calendar months when the requirements
of clause (1) above have not been met, so serves 96 hours, or
(3) during any three consecutive calendar months when the
requirements of clause (2) above have not been met, so serves 144 hours,
shall be entitled to receive incentive pay for the performance of
submarine duty. In computing the incentive pay of members of a
submarine operations command staff under this subsection--
(1) for fractions of a calendar month, the time required to be served
during underway operations shall bear the same ratio to the time
required for a full calendar month as the period in question bears to a
full calendar month, and
(2) for fractions of two consecutive calendar months, the period in
question shall be considered as a unit and the time required shall bear
the same ratio to the time required for a full calendar month as the
period in question bears to a full calendar month."
THE WHITE HOUSE,
October 20, 1965.
LYNDON B. JOHNSON
/9/ 37 U.S.C.A. 301(a), (f).
/10/ 1964 U.S.Code Cong. & Adm.News, p. 4178.
Executive Order No. 11252, 30 F.R. 13507, October 23, 1965
WHEREAS the Food-For-Peace Program has fulfilled and continues to
fulfill the hopes of its creators and is providing the United States
with a significant new medium for advancing the cause of world peace and
understanding through the use of our agricultural abundance to alleviate
hunger, malnutrition, and privation among our neighbors abroad; and
WHEREAS the objectives of the Food-For-Peace Program can now best be
achieved by vesting responsibility for the Program in the Secretary of
State, the Cabinet official chiefly responsible for our policies and
programs abroad, so that the activities of this Program will be
coordinated, consolidated, and carried out more effectively with related
activities of the United States abroad; and
WHEREAS the Secretary of State will be able to discharge these
responsibilities more effectively through a special assistant
specifically designated to assist him in carrying out the Food-For-Peace
Program:
NOW, THEREFORE, by virtue of the authority vested in me by subsection
(f) of Section 303 of the Government Employees Salary Reform Act of 1964
and as President of the United States, it is hereby ordered as follows:
Section 1. All functions of the Director of the Food-For-Peace
Program, including those under Executive Order No. 10900 of January 5,
1961, as amended, and under the Presidential memorandum of January 24,
1961, relating to the Food-For-Peace Program (26 F.R. 781), are hereby
transferred to the Secretary of State; and that order and memorandum
are modified accordingly.
Sec. 2. There shall be in the Department of State a Special
Assistant to the Secretary of State who shall assist the Secretary as
the latter may direct in connection with carrying out of the functions
of the Secretary under this order and shall perform such other duties as
the Secretary may direct.
Sec. 3. Section 1 of Executive Order No. 11248 of October 10, 1965,
is amended by adding thereto the following:
"(3) Special Assistant to the Secretary (Food-For-Peace Program),
State Department."
Sec. 4. This order shall take effect on November 1, 1965.
THE WHITE HOUSE,
October 20, 1965.
LYNDON B. JOHNSON
Executive Order No. 11251, 30 F.R. 13427, October 22, 1965
By virtue of the authority vested in me by subsection (f) of Section
303 of the Government Employees Salary Reform Act of 1964, /7/ and as
President of the United States, Section 2 of Executive Order No. 11248
of October 10, 1965, /8/ is amended by adding thereto the following:
(3) Comptroller, Department of Health, Education, and Welfare.
THE WHITE HOUSE,
October 19, 1965.
LYNDON B. JOHNSON
/7/ 5 U.S.C.A. 2211.
/8/ See page 4424 of this volume.
Executive Order No. 11250, 30 F.R. 13003, October 13, 1965
By virtue of the authority vested in me by the Peace Corps Act (75
Stat. 612) /4/ and Section 301 of Title 3 of the United States Code, /5/
and as President of the United States, it is hereby ordered as follows:
Section 1. Executive Order No. 11041 of August 6, 1962, /6/ is
hereby amended as follows:
(1) By substituting for the preamble of the Order the following:
"By virtue of the authority vested in me by the Peace Corps Act (75
Stat. 612) and Section 301 of Title 3 of the United States Code, and as
President of the United States, it is ordered as follows:".
(2) By re-lettering subsection (c) of Section 101 as subsection (d)
and by inserting immediately before that subsection the following:
"(c) The functions of prescribing regulations and making
determinations conferred upon the President by Section 5(b) of the Act
of August 24, 1965 (79 Stat. 551), are hereby delegated to the Secretary
of State."
(3) By substituting for Section 302 the following:
"Sec. 302. Determination. Pursuant to Section 10(d) of the Act, it
is hereby determined to be in furtherance of the purposes of the Act
that functions authorized thereby may be performed without regard to the
applicable laws specified in Sections 1 and 2 and with or without
consideration as specified in Section 3 of Executive Order No. 11223 of
May 12, 1965 (30 F.R. 6635), but, except as may be inappropriate,
subject to limitations set forth in that order."
Sec. 2. The provisions of this Order shall be deemed to have become
effective as of August 24, 1965, except that Section 1(3) hereof shall
be deemed to have become effective as of May 12, 1965.
THE WHITE HOUSE,
October 10, 1965.
LYNDON B. JOHNSON
/4/ 22 U.S.C.A. 2501 et seq.
/5/ 3 U.S.C.A. 301.
/6/ 22 U.S.C.A 2501 note.
Executive Order No. 11249, 30 F.R. 13001, October 13, 1965
By virtue of the authority vested in me by the Act of August 9, 1950,
64 Stat. 427, which amended section 1 of title II of the Act of June 15,
1917, 40 Stat. 220 (50 U.S.C. 191), /3/ and as President of the United
States, I hereby prescribe the following amendments of the regulations
prescribed by Executive Order No. 10173 of October 18, 1950, as amended
by Executive Order No. 10277 of August 1, 1951, and Executive Order No.
10352 of May 19, 1952, which regulations constitute Part 6, Subchapter
A, Chapter I, Title 33 of the Code of Federal Regualtions:
1. Section 6.01-3 is amended to read as follows:
Sec. 6.01-3 Captain of the Port. "Captain of the Port" as used in
this part, means the officer of the Coast Guard, under the command of a
District Commander, so designated by the Commandant for the purposes of
giving immediate direction to Coast Guard law enforcement activities
within his assigned area. In addition, the District Commander shall be
Captain of the Port with respect to remaining areas in his District not
assigned to officers designated by the Commandant as Captain of the
Port.
2. Section 6.01-4 is amended to read as follows:
Section 6.01-4 Waterfront facility. "Waterfront facility" as used in
this part, means all piers, wharves, docks and similar structures to
which vessels may be secured; areas of land, water, or land and water
under and in immediate proximity to them; buildings on such structures
or contiguous to them and equipment and materials on such structures or
in such buildings.
3. A new section 6.01-5 is added to read as follows:
Sec. 6.01-5 Security zone. "Security zone" as used in this part,
means all areas of land, water, or land and water, which are so
designated by the Captain of the Port for such time as he deems
necessary to prevent damage or injury to any vessel or waterfront
facility, to safeguard ports, harbors, territories, or waters of the
United States or to secure the observance of the rights and obligations
of the United States.
4. Section 6.04-5 is amended to read as follows:
Sec. 6.04-5 Preventing access of persons, articles or things to
vessels, or waterfront facilities. The Captain of the Port may prevent
any person, article, or thing from boarding or being taken or placed on
board any vessel or entering or being taken into or upon or placed in or
upon any waterfront facility whenever it appears to him that such action
is necessary in order to secure such vessel from damage or injury or to
prevent damage or injury to any vessel, or waterfront facility or waters
of the United States, or to secure the observance of rights and
obligations of the United States.
5. A new section 6.04-6 is added to read as follows:
Sec. 6.04-6 Establishing security zones; prohibitions with respect
thereto. The Captain of a Port may establish security zones subject to
the terms and conditions specified in Sec. 6.01-5. No person or vessel
shall enter a security zone without the permission of the Captain of the
Port. No person shall board or take or place any article or thing on
board any vessel in a security zone without the permission of the
Captain of the Port. No person shall take or place any article or thing
upon any waterfront facility in any such zone without such permission.
6. Section 6.04-7 is amended to read as follows:
Sec. 6.04-7 Visitation, search, and removal. The Captain of the Port
may cause to be inspected and searched at any time any vessel,
waterfront facility, or security zone, or any person, article, or thing
thereon or therein, within the jurisdiction of the United States, may
place guards upon any such vessel, waterfront facility, or security zone
and may remove therefrom any and all persons, articles, or things not
specifically authorized by him to go or remain thereon or therein.
THE WHITE HOUSE,
October 10, 1965.
LYNDON B. JOHNSON
/3/ 50 U.S.C.A. 191.
Executive Order No. 11248, 30 F.R. 12999, October 13, 1965
By virtue of the authority vested in me by subsection (f) of Section
303 of the Government Employees Salary Reform Act of 1964, /1/ and as
President of the United States, it is ordered as follows:
Section 1. The following offices and positions are placed in Level
IV of the Federal Executive Salary Schedule:
(1) Special Assistant to the Secretary (for Enforcement), Treasury
Department.
(2) Principal Deputy Director of Defense Research and Engineering,
Department of Defense.
Sec. 2. The following offices and positions are placed in Level V of
the Federal Executive Salary Schedule:
(1) Commissioner on Aging, Department of Health, Education, and
Welfare.
(2) Principal Deputy Assistant Secretary of Defense (International
Security Affairs), Department of Defense.
Sec. 3. Executive Order No. 11244 and Executive Order No. 11245,
both dated September 16, 1965, /2/ are hereby superseded.
THE WHITE HOUSE,
October 10, 1965.
LYNDON B. JOHNSON
/1/ 5 U.S.C.A. 2211.
/2/ 1965 U.S.Code Cong. & Adm.News, pages 4414, 4415.
Executive Order No. 11247, 30 F.R. 12327, September 28, 1965
WHEREAS the Departments and agencies of the Federal Government have
adopted uniform and consistent regulations implementing Title VI of the
Civil Rights Act of 1964 /1/ and, in cooperation with the President's
Council on Equal Opportunity, have embarked on a coordinated program of
enforcement of the provisions of that Title;
WHEREAS the issues hereafter arising in connection with coordination
of the activities of the departments and agencies under that Title will
be predominantly legal in character and in many cases will be related to
judicial enforcement; and
WHEREAS the Attorney General is the chief law officer of the Federal
Government and is charged with the duty of enforcing the laws of the
United States:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States by the Constitution and laws of the United States,
it is ordered as follows:
Section 1. The Attorney General shall assist Federal departments and
agencies to coordinate their programs and activities and adopt
consistent and uniform policies, practices, and procedures with respect
to the enforcement of Title VI of the Civil Rights Act of 1964. He may
promulgate such rules and regulations as he shall deem necessary to
carry out his functions under this Order.
Sec. 2. Each Federal department and agency shall cooperate with the
Attorney General in the performance of his functions under this Order
and shall furnish him such reports and information as he may request.
Sec. 3. Effective 30 days from the date of this Order, Executive
Order No. 11197 of February 5, 1965, is revoked. /2/ Such records of
the President's Council on Equal Opportunity as may pertain to the
enforcement of Title VI of the Civil Rights Act of 1964 shall be
transferred to the Attorney General.
Sec. 4. All rules, regulations, orders, instructions, designations
and other directives issued by the President's Council on Equal
Opportunity relating to the implementation of Title VI of the Civil
Rights Act of 1964 shall remain in full force and effect unless and
until revoked or superseded by directives of the Attorney General.
THE WHITE HOUSE,
September 24, 1965.
LYNDON B. JOHNSON
/1/ 42 U.S.C.A. 2000d et seq.
/2/ 1965 U.S.Code Cong. & Adm.News, p. 4361.
Executive Order No. 11246, 30 F.R. 12319, September 28, 1965
Under and by virtue of the authority vested in me as President of the
United States by the Constitution and statutes of the United States, it
is ordered as follows:
Section 101. It is the policy of the Government of the United States
to provide equal opportunity in Federal employment for all qualified
persons, to prohibit discrimination in employment because of race,
creed, color, or national origin, and to promote the full realization of
equal employment opportunity through a positive, continuing program in
each executive department and agency. The policy of equal opportunity
applies to every aspect of Federal employment policy and practice.
Sec. 102. The head of each executive department and agency shall
establish and maintain a positive program of equal employment
opportunity for all civilian employees and applicants for employment
within his jurisdiction in accordance with the policy set forth in
Section 101.
Sec. 103. The Civil Service Commission shall supervise and provide
leadership and guidance in the conduct of equal employment opportunity
program for the civilian employees of and applications for employment
within the executive departments and agencies and shall review agency
program accomplishments periodically. In order to facilitate the
achievement of a model program for equal employment opportunity in the
Federal service, the Commission may consult from time to time with such
individuals, groups, or organizations as may be of assistance in
improving the Federal program and realizing the objectives of this Part.
Sec. 104. The Civil Service Commission shall provide for the prompt,
fair, and impartial consideration of all complaints of discrimination in
Federal employment on the basis of race, creed, color, or national
origin. Procedures for the consideration of complaints shall include at
least one impartial review within the executive department or agency and
shall provide for appeal to the Civil Service Commission.
Sec. 105. The Civil Service Commission shall issue such regulations,
orders, and instructions as it deems necessary and appropriate to carry
out its responsibilities under this Part, and the head of each executive
department and agency shall comply with the regulations, orders, and
instructions issued by the Commission under this Part.
Sec. 201. The Secretary of Labor shall be responsible for the
administration of Parts II and III of this Order and shall adopt such
rules and regulations and issue such orders as he deems necessary and
appropriate to achieve the purposes thereof.
Sec. 202. Except in contracts exempted in accordance with Section
204 of this Order, all Government contracting agencies shall include in
every Government contract hereafter entered into the following
provisions:
"During the performance of this contract, the contractor agrees as
follows:
"(1) The contractor will not discriminate against any employee or
applicant for employment because of race, creed, color, or national
origin. The contractor will take affirmative action to ensure that
applicants are employed and that employees are treated during
employment, without regard to their race, creed, color, or national
origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including
apprenticeship.
The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this
nondiscrimination clause.
"(2) The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, creed, color, or national origin.
"(3) The contractor will send to each labor union or representative
of workers with which he has a collective bargaining agreement or other
contract or understanding, a notice, to be provided by the agency
contracting officer, advising the labor union or workers' representative
of the contractor's commitments under Section 202 of Executive Order No.
11246 of September 24, 1965, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
"(4) The contractor will comply with all provisions of Executive
Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and
relevant orders of the Secretary of Labor.
"(5) The contractor will furnish all information and reports required
by Executive Order No. 11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
"(6) In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of such rules,
regulations, or orders, this contract may be cancelled, terminated or
suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts in accordance with
procedures authorized in Executive Order No. 11246 of Sept. 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided
in Executive Order No. 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided
by law.
"(7) The contractor will include the provisions of Paragraphs (1)
through (7) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant
to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the contracting agency may direct as a means of
enforcing such provisions including sanctions for noncompliance:
Provided, however, That in the event the contractor becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the contracting agency, the contractor may
request the United States to enter into such litigation to protect the
interests of the United States."
Sec. 203. (a) Each contractor having a contract containing the
provisions prescribed in Section 202 shall file, and shall cause each of
his subcontractors to file, Compliance Reports with the contracting
agency or the Secretary of Labor as may be directed. Compliance Reports
shall be filed with such times and shall contain such information as to
the practices, policies, programs, and employment policies, programs,
and employment statistics of the contractor and each subcontractor, and
shall be in such form, as the Secretary of Labor may prescribe.
(b) Bidders or prospective contractors or subcontractors may be
required to state whether they have participated in any previous
contract subject to the provisions of this Order, or any preceding
similar Executive order, and in that event to submit, on behalf of
themselves and their proposed subcontractors, Compliance Reports prior
to or as an initial part of their bid or negotiation of a contract.
(c) Whenever the contractor or subcontractor has a collective
bargaining agreement or other contract or understanding with a labor
union or an agency referring workers or providing or supervising
apprenticeship or training for such workers, the Compliance Report shall
include such information as to such labor union's or agency's practices
and policies affecting compliance as the Secretary of Labor may
prescribe: Provided, That to the extent such information is within the
exclusive possession of a labor union or an agency referring workers or
providing or supervising apprenticeship or training and such labor union
or agency shall refuse to furnish such information to the contractor,
the contractor shall so certify to the contracting agency as part of its
Compliance Report and shall set forth what efforts he has made to obtain
such information.
(d) The contracting agency or the Secretary of Labor may direct that
any bidder or prospective contractor or subcontractor shall submit, as
part of his Compliance Report, a statement in writing, signed by an
authorized officer or agent on behalf of any labor union or any agency
referring workers or providing or supervising apprenticeship or other
training, with which the bidder or prospective contractor deals, with
supporting information, to the effect that the signer's practices and
policies do not discriminate on the grounds of race, color, creed, or
national origin, and that the signer either will affirmatively cooperate
in the implementation of the policy and provisions of this Order or that
it consents and agrees that recruitment, employment, and the terms and
conditions of employment under the proposed contract shall be in
accordance with the purpose and provisions of the Order. In the event
that the union, or the agency shall refuse to execute such a statement,
the Compliance Report shall so certify and set forth what efforts have
been made to secure such a statement and such additional factual
material as the contracting agency or the Secretary of Labor may
require.
Sec. 204. The Secretary of Labor may, when he deems that special
circumstances in the national interest so require, exempt a contracting
agency from the requirement of including any or all of the provisions of
Section 202 of this Order in any specific contract, subcontract, or
purchase order. The Secretary of Labor may, by rule or regulations,
also exempt certain classes of contracts, subcontracts, or purchase
orders (1) whenever work is to be or has been performed outside the
United States and no recruitment of workers within the limits of the
United States is involved; (2) for standard commercial supplies or raw
materials; (3) involving less than specified amounts of money or
specified numbers of workers; or (4) to the extent that they involve
subcontracts below a specified tier. The Secretary of Labor may also
provide by rule, regulation, or order, for the exemption of facilities
of a contractor which are in all respects separate and distinct from
activities of the contractor related to the performance of the contract:
Provided, That such an exemption will not interfere with or impede the
effectuation of the purposes of this Order: And provided further, That
in the absence of such an exemption all facilities shall be covered by
the provisions of this Order.
Sec. 205. Each contracting agency shall be primarily responsible for
obtaining compliance with the rules, regulations, and orders of the
Secretary of Labor with respect to contracts entered into by such agency
or its contractors. All contracting agencies shall comply with the
rules of the Secretary of Labor in discharging their primary
responsibility for securing compliance with the provisions of contracts
and otherwise with the terms of this Roder and of the rules,
regulations, and orders of the Secretary of Labor issued pursuant to
this Order. They are directed to cooperate with the Secretary of Labor
and to furnish the Secretary of Labor such information and assistance as
he may require in the performance of his functions under this Order.
They are further directed to appoint or designate, from among the
agency's personnel, compliance officers. It shall be the duty of such
officers to seek compliance with the objectives of this Order by
conference, conciliation, mediation, or persuasion.
Sec. 206. (a) The Secretary of Labor may investigate the employment
practices of any Government contractor or subcontractor, or initiate
such investigation by the appropriate contracting agency, to determine
whether or not the contractual provisions specified in Section 202 of
this Order have been violated. Such investigation shall be conducted in
accordance with the procedures established by the Secretary of Labor and
the investigating agency shall report to the Secretary of Labor any
action taken or recommended.
(b) The Secretary of Labor may receive and investigate or cause to be
investigated complaints by employees or prospective employees of a
Government contractor or subcontractor which allege discrimination
contrary to the contractual provisions specified in Section 202 of this
Order. If this investigation is conducted for the Secretary of Labor by
a contracting agency, that agency shall report to the Secretary what
action has been taken or is recommended with regard to such complaints.
Sec. 207. The Secretary of Labor shall use his best efforts,
directly and through contracting agencies, other interested Federal,
State, and local agencies, contractors, and all other available
instrumentalities to cause any labor union engaged in work under
Government contracts or any agency referring workers or providing or
supervising apprenticeship or training for or in the course of such work
to cooperate in the implementation of the purposes of this Order. The
Secretary of Labor shall, in appropriate cases, notify the Equal
Employment Opportunity Commission, the Department of Justice, or other
appropriate Federal agencies whenever it has reason to believe that the
practices of any such labor organization or agency violate Title VI or
Title VII of the Civil Rights Act of 1964 or other provisions of Federal
law.
Sec. 208. (a) The Secretary of Labor, or any agency, officer, or
employee in the executive branch of the Government designated by rule,
regulation, or order of the Secretary, may hold such hearings, public or
private, as the Secretary may deem advisable for compliance,
enforcement, or educational purposes.
(b) The Secretary of Labor may hold, or cause to be held, hearings in
accordance with Subsection (a) of this Section prior to imposing,
ordering, or recommending the imposition of penalties and sanctions
under this Order. No order for debarment of any contractor from further
Government contracts under Section 209(a)(6) shall be made without
affording the contractor an opportunity for a hearing.
Sec. 209. (a) In accordance with such rules, regulations, or orders
as the Secretary of Labor may issue or adopt, the Secretary or the
appropriate contracting agency may:
(1) Publish, or cause to be published, the names of contractors or
unions which it has concluded have complied or have failed to comply
with the provisions of this Order or of the rules, regulations, and
orders of the Secretary of Labor,
(2) Recommend to the Department of Justice that, in cases in which
there is substantial or material violation or the threat of substantial
or material violation of the contractual provisions set forth in Section
202 of this Order, appropriate proceedings be brought to enforce those
provisions, including the enjoining, within the limitations of
applicable law, of organizations, individuals, or groups who prevent
directly or indirectly, or seek to prevent directly or indirectly,
compliance with the provisions of this Order.
(3) Recommend to the Equal Employment Opportunity Commission or the
Department of Justice that appropriate proceedings be instituted under
Title VII of the Civil Rights Act of 1964.
(4) Recommend to the Department of Justice that criminal proceedings
be brought for the furnishing of false information to any contracting
agency or to the Secretary of Labor as the case may be.
(5) Cancel, terminate, suspend, or cause to be cancelled, terminated,
or suspended, any contract, or any portion or portions thereof, for
failure of the contractor or subcontractor to comply with the
nondiscrimination provisions of the contract. Contracts may be
cancelled, terminated, or suspended absolutely or continuance of
contracts may be conditioned upon a program for future compliance
approved by the contracting agency.
(6) Provide that any contracting agency shall refrain from entering
into further contracts, or extensions or other modifications of existing
contracts, with any noncomplying contractor, until such contractor has
satisfied the Secretary of Labor that such contractor has established
and will carry out personnel and employment policies in compliance with
the provisions of this Order.
(b) Under rules and regulations prescribed by the Secretary of Labor,
each contracting agency shall make reasonable efforts within a
reasonable time limitation to secure compliance with the contract
provisions of this Order by methods of conference, conciliation,
mediation, and persuasion before proceedings shall be instituted under
Subsection (a)(2) of this Section, or before a contract shall be
cancelled or terminated in whole or in part under Subsection (a) (5) of
this Section for failure of a contractor or subcontractor to comply with
the contract provisions of this Order.
Sec. 210. Any contracting agency taking any action authorized by
this Subpart, whether on its own motion, or as directed by the Secretary
of Labor, or under the rules and regulations of the Secretary, shall
promptly notify the Secretary of such action. Whenever the Secretary of
Labor makes a determination under this Section, he shall promptly notify
the appropriate contracting agency of the action recommended. The
agency shall take such action and shall report the results thereof to
the Secretary of Labor within such time as the Secretary shall specify.
Sec. 211. If the Secretary shall so direct, contracting agencies
shall not enter into contracts with any bidder or prospective contractor
unless the bidder or prospective contractor has satisfactorily complied
with the provisions of this Order or submits a program for compliance
acceptable to the Secretary of Labor or, if the Secretary so authorizes,
to the contracting agency.
Sec. 212. Whenever a contracting agency cancels or terminates a
contract, or whenever a contractor has been debarred from further
Government contracts, under Section 209(a)(6) because of noncompliance
with the contract provisions with regard to nondiscrimination, the
Secretary of Labor, or the contracting agency involved, shall promptly
notify the Comptroller General of the United States. Any such debarment
may be rescinded by the Secretary of Labor or by the contracting agency
which imposed the sanction.
Sec. 213. The Secretary of Labor may provide for issuance of a
United States Government Certificate of Merit to employers of labor
unions, or other agencies which are or may hereafter be engaged in work
under Government contracts, if the Secretary is satisfied that the
personnel and employment practices of the employer, or that the
personnel, training, apprenticeship, membership, grievance and
representation, upgrading, and other practices and policies of the labor
union or other agency conform to the purposes and provisions of this
Order.
Sec. 214. Any Certificate of Merit may at any time be suspended or
revoked by the Secretary of Labor if the holder thereof, in the judgment
of the Secretary, has failed to comply with the provisions of this
Order.
Sec. 215. The Secretary of Labor may provide for the exemption of
any employer, labor union, or other agency from any reporting
requirements imposed under or pursuant to this Order if such employer,
labor union, or other agency has been awarded a Certificate of Merit
which has not been suspended or revoked.
Sec. 301. Each executive department and agency which administers a
program involving Federal financial assistance shall require as a
condition for the approval of any grant, contract, loan, insurance, or
guarantee thereunder, which may involve a construction contract, that
the applicant for Federal assistance undertake and agree to incorporate,
or cause to be incorporated, into all construction contracts paid for in
whole or in part with funds obtained from the Federal Government or
borrowed on the credit of the Federal Government pursuant to such grant,
contract, loan, insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or
guarantee, the provisions prescribed for Government contracts by Section
202 of this Order or such modification thereof, preserving in substance
the contractor's obligations thereunder, as may be approved by the
Secretary of Labor, together with such additional provisions as the
Secretary deems appropriate to establish and protect the interest of the
United States in the enforcement of those obligations. Each such
applicant shall also undertake and agree (1) to assist and cooperate
actively with the administering department or agency and the Secretary
of Labor in obtaining the compliance of contractors and subcontractors
with those contract provisions and with the rules, regulations, and
relevant orders of the Secretary, (2) to obtain and to furnish to the
administering department or agency and to the Secretary of Labor such
information as they may require for the supervision of such compliance,
(3) to carry out sanctions and penalties for violation of such
obligations imposed upon contractors and subcontractors by the Secretary
of Labor or the administering department or agency pursuant to Part II,
Subpart D, of this Order, and (4) to refrain from entering into any
contract subject to this Order, or extension or other modification of
such a contract with a contractor debarred from Government contracts
under Part II, Subpart D, of this Order.
Sec. 302. (a) "Construction contract" as used in this Order means
any contract for the construction, rehabilitation, alteration,
conversion, extension, or repair of buildings, highways, or other
improvements to real property.
(b) The provisions of Part II of this Order shall apply to such
construction contracts, and for purposes of such application the
administering department or agency shall be considered the contracting
agency referred to therein.
(c) The term "applicant" as used in this Order means an applicant for
Federal assistance or, as determined by agency regulation, other program
participant, with respect to whom an application for any grant,
contract, loan, insurance, or guarantee is not finally acted upon prior
to the effective date of this Part, and it includes such an applicant
after he becomes a recipient of such Federal assistance.
Sec. 303. (a) Each administering department and agency shall be
responsible for obtaining the compliance of such applicants with their
undertakings under this Order. Each administering department and agency
is directed to cooperate with the Secretary of Labor, and to furnish the
Secretary such information and assistance as he may require in the
performance of his functions under this Order.
(b) In the event an applicant fails and refuses to comply with his
undertakings, the administering department or agency may take any or all
of the following actions: (1) cancel, terminate, or suspend in whole or
in part the agreement, contract, or other arrangement with such
applicant with respect to which the failure and refusal occurred; (2)
refrain from extending any further assistance to the applicant under the
program with respect to which the failure or refusal occurred until
satisfactory assurance of future compliance has been received from such
applicant; and (3) refer the case to the Department of Justice for
appropriate legal proceedings.
(c) Any action with respect to an applicant pursuant to Subsection
(b) shall be taken in conformity with Section 602 of the Civil Rights
Act of 1964 (and the regulations of the administering department or
agency taken with respect to an applicant pursuant to Clause (1) or (2)
of administering department or agency.
Sec. 304. Any executive department or agency which imposes by rule,
regulation, or other requirements of nondiscrimination in employment,
other than requirements imposed pursuant to this Order, may delegate to
the Secretary of Labor by agreement such responsibilities with respect
to compliance standards, reports, and procedures as would tend to bring
the administration of such requirements into conformity with the
administration of requirements imposed under this Order: Provided, That
actions to effect compliance by recipients of Federal financial
assistance with requirements imposed pursuant to Title VI of the Civil
Rights Act of 1964 shall be taken in conformity with the procedures and
limitations prescribed in Section 602 thereof and the regulations of the
administering department or agency issued thereunder.
Sec. 401. The Secretary of Labor may delegate to any officer,
agency, or employee in the Executive branch of the Government, any
function or duty of the Secretary under Parts II and III of this Order,
except authority to promulgate rules and regulations of a general
nature.
Sec. 402. The Secretary of Labor shall provide administrative
support for the execution of the program known as the "Plans for
Progress."
Sec. 403. (a) Executive Orders Nos. 10590 (January 19, 1955), 10722
(August 5, 1957), 10925 (March 6, 1961), 11114 (June 22, 1963), and
11162 (July 28, 1964), are hereby superseded and the President's
Committee on Equal Employment Opportunity established by Executive Order
No. 10925 is hereby abolished. All records and property in the custody
of the Committee shall be transferred to the Civil Service Commission
and the Secretary of Labor, as appropriate.
(b) Nothing in this Order shall be deemed to relieve any person of
any obligation assumed or imposed under or pursuant to any Executive
Order superseded by this Order. All rules, regulations, orders,
instructions, designations, and other directives issued by the
President's Committee on Equal Employment Opportunity and those issued
by the heads of various departments or agencies under or pursuant to any
of the Executive orders superseded by this Order, shall, to the extent
that they are not inconsistent with this Order, remain in full force and
effect unless and until revoked or superseded by appropriate authority.
References in such directives to provisions of the superseded orders
shall be deemed to be references to the comparable provisions of this
Order.
Sec. 404. The General Services Administration shall take appropriate
action to revise the standard Government contract forms to accord with
the provisions of this Order and of the rules and regulations of the
Secretary of Labor.
Sec. 405. This Order shall become effective thirty days after the
date of this Order.
THE WHITE HOUSE,
September 24, 1965.
LYNDON B. JOHNSON
Executive Order No. 11245, 30 F.R. 11947, September 18, 1965
By virtue of the authority vested in me by subsection (f) of Section
303 of the Government Employees Salary Reform Act of 1964, /3/ and as
President of the United States, it is ordered as follows:
Section 1. The following office and position is placed in level V of
the Federal Executive Salary Schedule:
(1) Commissioner on Aging, Department of Health, Education, and
Welfare.
THE WHITE HOUSE,
September 16, 1965.
LYNDON B. JOHNSON
/3/ 5 U.S.C.A. 2211.
Executive Order No. 11244, 30 F.R. 11945, September 18, 1965
By virtue of the authority vested in me by subsection (f) of Section
303 of the Government Employees Salary Reform Act of 1964, /2/ and as
President of the United States, it is ordered as follows:
Section 1. The following office and position is placed in level IV
of the Federal Executive Salary Schedule:
(1) Special Assistant to the Secretary (for Enforcement), Treasury
Department.
THE WHITE HOUSE,
September 16, 1965.
LYNDON B. JOHNSON
/2/ 5 U.S.C.A. 2211.
Executive Order No. 11243, 30 F.R. 11709, September 14, 1965
WHEREAS a dispute exists between the Atchison, Topeka and Santa Fe
Railway Company, Lines East and West, and certain of their employees
represented by the Brotherhood of Railroad Trainmen, a labor
organization; and
WHEREAS this dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS this dispute, in the judgment of the National Mediation
Board, threatens substantially to interrupt interstate commerce to a
degree such as deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by Section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /1/ I hereby
create a board of three members, to be appointed by me, to investigate
this dispute. No member of the board shall be pecuniarily or otherwise
interested in any organization of railroad employees or any carrier.
The board shall report its findings to the President with respect to
the dispute within thirty days from the date of this order.
As provided by Section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the carrier
or by their employees, in the conditions out of which the dispute arose.
THE WHITE HOUSE,
September 11, 1965.
LYNDON B. JOHNSON
/1/ 45 U.S.C.A. 160.
Executive Order No. 11242, 30 F.R. 11205, September 1, 1965
By virtue of the authority vested in me by sections 301(a) and (f) of
title 37, United States Code, /6/ and as President of the United States,
it is ordered that Executive Order No. 11157 of June 22, 1964, /7/ be,
and it is hereby amended by adding to section 109 of Part I the
following new subsection:
"(f) The term 'duty involving frequent and regular participation in
flight operations on the flight deck of an aircraft carrier' shall be
construed to mean duty performed by members who are designated for and
ordered to such duty by competent authority from among the crew of an
attack aircraft carrier, an antisubmarine aircraft carrier, or an
aviation unit operating from either such type of carrier, and who in any
calendar month (1) participate in flight operations on the flight deck
during a minimum of four days or (2) participate on the flight deck, in
the minimum number of aircraft launches or recoveries, or both, that is
prescribed by the Secretary of the Navy as the equivalent of
participation under clause (1). No member shall be entitled, however,
to receive the pay provided for in this subsection if, during any month
or portion thereof, he is also eligible to receive incentive pay for
other hazardous duty under the provisions of section 301 of title 37,
United States Code."
THE WHITE HOUSE,
August 28, 1965.
LYNDON B. JOHNSON
/6/ 37 U.S.C.A. 301.
/7/ 37 U.S.C.A. 301 note.
Executive Order No. 11241, 30 F.R. 11129, August 28, 1965
By virtue of the authority vested in me by the Universal Military
Training and Service Act (62 Stat. 604), as amended, /1/ I hereby
prescribe the following amendments of the Selective Service Regulations
prescribed by Executive Orders No. 10735 of October 17, 1957, /2/ No.
10984 of January 5, 1962, /3/ No. 11098 of March 14, 1963, /4/ and No.
11119 of September 10, 1963, /5/ and constituting portions of Chapter
XVI of Title 32 of the Code of Federal Regulations:
1. Subparagraph (3) of paragraph (a) of section 1631.7 of Part 1631,
Quotas and Calls, is amended to read as follows:
"(3) Nonvolunteers who have attained the age of 19 years and have not
attained the age of 26 years and who (A) do not have a wife with whom
they maintain a bona fide family relationship in their homes, in the
order of their dates of birth with the oldest being selected first, or
(B) have a wife whom they married after the effective date of this
amended subparagraph and with whom they maintain a bona fide family
relationship in their homes, in the order of their dates of birth with
the oldest being selected first."
2. Subparagraph (4) is amended to read as follows:
"(4) Nonvolunteers who have attained the age of 19 years and have not
attained the age of 26 years and who have a wife whom they married on or
before the effective date of this amended subparagraph and with whom
they maintain a bona fide family relationship in their homes, in the
order of their dates of birth with the oldest being selected first."
3. The effective date of the amended subparagraphs referred to in
this Order is the date of this Order.
THE WHITE HOUSE,
August 26, 1965.
LYNDON B. JOHNSON
/1/ 50 App.U.S.C.A. 451 et seq.
/2/ 1957 U.S.Code Cong. & Adm.News, p. 936.
/3/ 1962 U.S.Code Cong. & Adm.News, p. 4256.
/4/ 1963 U.S.Code Cong. & Adm.News, p. 1720.
/5/ 1963 U.S.Code Cong. & Adm.News, p. 1748.
Executive Order No. 11240, 30 F.R. 9795, August 6, 1965
By virtue of the authority vested in me by Reorganization Plan No. 4
of 1965 (30 F.R. 9353), and as President of the United States, it is
ordered as follows:
Section 1. Board of the Foreign Service. There is hereby
established a new "Board of the Foreign Service." That board shall have
the same membership, functions, and status as the board of the same name
established by Section 211 of the Foreign Service Act of 1946 (22 U.S.C.
826) /3/ had immediately prior to the taking effect of Reorganization
Plan No. 4 of 1965.
Sec. 2. Board of Examiners for the Foreign Service. There is hereby
established a new "Board of Examiners for the Foreign Service." That
board shall have the same functions and status as the board of the same
name established by Section 212 of the Foreign Service Act of 1946 (22
U.S.C. 827) /4/ had immediately prior to the taking effect of
Reorganization Plan No. 4 of 1965 and shall have membership determined
in consonance with the provisions of subsection (b) of that Section.
Sec. 3. Effective date; termination. This Order shall be effective
as of July 27, 1965, and, together with the boards established by
Sections 1 and 2, shall terminate on January 1, 1966, or on such earlier
date as may hereafter be prescribed.
THE WHITE HOUSE,
August 4, 1965.
LYNDON B. JOHNSON
/3/ 22 U.S.C.A. 826.
/4/ 22 U.S.C.A. 827.
Executive Order No. 11239, 30 F.R. 9671, August 4, 1965
WHEREAS under Article I of the International Convention for Safety of
Life at Sea, signed at London on June 17, 1960, ratified by the United
States of America, and proclaimed by the President on March 24, 1965
(TIAS 5780), hereinafter sometimes referred to as the Convention, the
Government of the United States of America, together with the
governments of the other countries which have become parties to the
Convention, undertakes to give effect to the provisions of the
Convention and of the Regulations annexed thereto, to promulgate all
laws, decrees, orders, and regulations, and to take all other steps
which may be necessary to give the Convention full and complete effect,
so as to insure that, from the point of view of safety of life, a ship
is fit for the service for which it is intended; and
WHEREAS it is expedient and necessary, in order that the Government
of the United States of America may give full and complete effect to the
Convention, that several departments and agencies of the Executive
Branch of the Government perform functions and duties thereunder; and
WHEREAS, in accordance with Article XI thereof, the Convention came
into force on May 26, 1965:
NOW THEREFORE, by virtue of the authority vested in me by Section 301
of Title 3 of the United States Code /1/ and as President of the United
States of America, it is ordered as follows:
SECTION 1. The Secretary of State, the Secretary of the Treasury
(acting through the Coast Guard), the Secretary of Commerce (acting
through the Weather Bureau), and the Federal Communications Commission,
respectively, are hereby directed, in relation to the fulfillment of the
obligations undertaken by the Government of the United States of America
under the Convention, to perform the functions and duties therein
prescribed and undertaken which appertain to the functions and duties
which they severally are now authorized or directed by law to perform.
Each of the Secretaries and the Commission shall cooperate and assist
the others in carrying out the duties imposed by the Convention and by
this order.
SEC. 2. The Secretary of the Treasury (acting through the Coast
Guard), or such other agency as may be authorized by law so to do, shall
issue certificates as required by the Convention, and in any case in
which a certificate is to include matter which appertains to the
functions and duties directed or authorized by law to be performed by
the head of any department or agency other than the head of the issuing
agency, the head of the issuing agency shall first ascertain from the
head of the other department or agency his decision with respect to such
matter, and such decision shall be final and binding.
SEC. 3. In the performance of functions and duties described in
Sections 1 and 2 of this order, the Secretary of the Treasury (acting
through the Coast Guard) may avail himself of the services of the
American Bureau of Shipping so long as that Bureau is operated in
compliance with Section 25 of the Act of June 5, 1920, as amended (46
U.S.C. 881), and may make all necessary provisions for the performance
by the Bureau of specified duties undertaken under the Convention and to
permit the Bureau to issue cargo ship safety construction certificates
to those cargo vessels found to be in compliance with the Convention,
which are classed by the Bureau. The Secretary of the Treasury (acting
through the Coast Guard) shall establish all necessary regulations
required to carry out in the most effective manner the provisions of the
Convention.
SEC. 4. Whenever the Coast Guard operates as a service in the Navy,
the functions to be performed by the Secretary of the Treasury (acting
through the Coast Guard) under this order shall vest in and be performed
by the Secretary of the Navy (acting through the Coast Guard).
SEC. 5. (a) This order supersedes Executive Order No. 10402 of
October 30, 1952, /2/ entitled "Enforcement of the Convention for Safety
of Life at Sea, 1948," to the extent that the International Convention
for Safety of Life at Sea signed at London on June 17, 1960, replaces
and abrogates the International Convention for Safety of Life at Sea
signed at London on June 10, 1948.
(b) Executive Order No. 7548 of February 5, 1937, entitled
"Enforcement of the Convention for Safety of Life at Sea, 1929," is
hereby revoked.
THE WHITE HOUSE,
July 31, 1965.
LYNDON B. JOHNSON
/1/ 3 U.S.C.A. 301.
/2/ 33 U.S.C.A. 143 note.
Executive Order No. 11238, 30 F.R. 9571, July 31, 1965
By virtue of the authority vested in me by Reorganization Plan No. 4
of 1965, and as President of the United States, it is ordered as
follows:
Section 1. There is hereby established a new "National Advisory
Council on International Monetary and Financial Problems." That Council
shall have the same membership, functions, and status as the Council of
the same name established by Section 4 of the Bretton Woods Agreements
Act (59 Stat. 512; 22 U.S.C. 286b) /42/ had immediately prior to the
taking effect of Reorganization Plan No. 4 of 1965.
Sec. 2. This Order shall be effective as of July 27, 1965, and,
together with the Council established by Section 1, shall terminate on
January 1, 1966, or on such earlier date as may hereafter be prescribed.
THE WHITE HOUSE,
July 28, 1965.
LYNDON B. JOHNSON
/42/ 22 U.S.C.A. 286b.
Executive Order No. 11237, 30 F.R. 9433, July 29, 1965
WHEREAS the Housing and Home Finance Administrator, hereinafter
referred to as "the Administrator," is authorized under Title VII of the
Housing Act of 1961 (42 U.S.C.A 1500-1500e), hereinafter referred to as
Title VII, to conduct a program for making grants to States and local
public bodies for acquiring lands for recreational and other purposes;
and
WHEREAS Title VII provides for consultation by the Administrator with
the Secretary of the Interior, hereinafter referred to as "the
Secretary," with regard to general policies to be followed in reviewing
applications for grants for land acquisitions under the program provided
for in Title VII, hereinafter referred to as the open space program, and
provides for the furnishing of information by the Secretary on the
status of recreational planning for areas to be served by the open space
land acquired with grants made by the Administrator; and
WHEREAS the Secretary is authorized under the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-4-460l-11), hereinafter
referred to as "the Conservation Act," to provide financial assistance
to States for planning for outdoor recreation purposes and acquiring and
developing lands therefor under a program hereinafter referred to as the
outdoor recreation program; and
WHEREAS the Secretary has been given certain responsibilities under
the Act of May 28, 1963 (16 U.S.C. 460l-460l-3) and Executive Order No.
111017, for promoting the coordination of Federal plans and activities
generally relating to outdoor recreation; and
WHEREAS the programs authorized by Title VII and the Conservation Act
can be of special help in creating areas of recreation and beauty for
the citizens of our urban areas; and
WHEREAS priority is being given to the needs of our growing urban
population by the Secretary in the administration of programs under the
Conservation Act; and
WHEREAS the primary purpose of the open space program is to help
acquire and preserve open space land which is essential to the proper
long-range development and welfare of the Nation's urban areas, in
accordance with plans for the allocation of such land for open space
purposes; and
WHEREAS, to assure the most economic and efficient utilization of
Title VII and the Conservation Act and funds provided in connection
therewith, it is necessary to provide standards for the guidance of the
Administrator and the Secretary in the administration of these programs
as they relate to the acquisition of land for recreational purposes:
NOW, THEREFORE, by virtue of the authority vested in me by Section
5(g) of the Conservation Act (16 U.S.C. 460l-8(g)), and as President of
the United States, it is hereby ordered as follows:
Section 1. Urbanized areas. As used in this Order, "urbanized area"
means an area which is an urbanized area according to the most recent
decennial census together with such additional adjacent areas as the
Secretary and the Administrator jointly determine to be appropriate for
the accomplishment of the purposes of Title VII and the Conservation Act
in a manner consistent with comprehensive planning for orderly
metropolitan development.
Sec. 2. Areas of program concern. In the acquisitioning of land for
recreation resources the respective responsibilities of the
Administrator and the Secretary shall be as follows:
(1) Open space program. With respect to the provision of open space
land for recreational purposes, the Administrator, through the open
space program, shall have responsibility primarily for assisting in the
acquisition of lands or interests therein of utility primarily to the
urbanized area in which they are located, such as squares, malls, and
playgrounds, and parks, recreation areas, historic sites, and open
spaces for scenic purposes.
(2) Land and water conservation fund program. In addition to
responsibilities with respect to outdoor recreation resources of
statewide and nationwide utility, the Secretary, through the
Conservation Act program, shall have responsibility primarily for
assisting in the acquisition of lands for larger regional parks,
historic sites, and recreational and scenic areas to serve residents of
urban and other local areas.
Sec. 3. Land and water conservation funds grants in urbanized areas
and other urban places. Grants made by the Secretary for the
acquisition of land in urbanized areas and other urban places for
outdoor recreation under the Conservation Act shall be for projects
which:
(1) are consistent with the comprehensive statewide outdoor
recreation plan for the State or States in which the project is to be
located. Provided, That the portions of such plan relating to urbanized
areas shall have been reviewed by the Administrator as to their
consistency with comprehensive planning for such areas;
(2) when located in whole or in part in urbanized areas, meet the
same requirements with respect to planning and programming as shall have
been prescribed by the Administrator with respect to projects under
Title VII; and
(3) when located in urban places according to the most recent
decennial census census (other than those included in urbanized areas),
reflect consideration of comprehensive urban planning being carried on
for such urban places.
Sec. 4. Open space grants outside or urbanized areas. Grants made
by the Administrator for acquisition of land or interests therein for
recreational purposes under Title VII in areas outside of urbanized
areas shall be for projects which:
(1) are consistent with planning and programming required under Title
VII: Provided, That relevant aspects of such planning and programming
shall have been reviewed by the Secretary as to their consistency,
insofar as they are related to the achievement of recreational
objectives, with the comprehensive statewide outdoor recreation plan;
and
(2) meet the same requirements with respect to planning and
programming as shall have been prescribed by the Secretary with respect
to projects under the Conservation Act.
Sec. 5. Review. (a) The Administrator, in reviewing plans under
Section 3 of this Order, shall transmit his comments to the Secretary
within thirty days, or such other period as may be agreed upon, after
receipt of such plans. The Secretary shall take such comments into
consideration before approving such plans and programs. If the
Secretary disagrees with a recommendation of the Administrator, he shall
so notify the Administrator and provide him, in writing, with his
reasons therefor.
(b) The Secretary, in reviewing plans and programs under Section 4 of
this Order, shall transmit his comments to the Administrator within
thirty days, or such other period as may be agreed upon, after receipt
of such plans and programs. The Administrator shall take such comments
into consideration before approving grants for acquisition. If the
Administrator disagrees with a recommendation of the Secretary, he shall
so notify the Secretary and provide him, in writing, with his reasons
therefor.
Sec. 6. Coordinated procedures. (a) The Secretary and the
Administrator shall jointly develop procedures consistent with the
purposes and requirements of the Conservation Act and Title VII, to
carry out the provisions of this Order, including procedures for:
(1) evaluating applications for assistance in acquiring land for
predominantly recreational purposes under outdoor recreation and open
space programs;
(2) consultation and exchange of information concerning applications
for, and grants of, assistance for acquisition of land for predominantly
recreational purposes in urbanized areas under the outdoor recreation
program and outside of urbanized areas under the open space program;
and
(3) joint and mutual determinations for making grants of assistance
under either the outdoor recreation program or the open space program in
cases in which unusual circumstances would make departures from the
preceding provisions of this Order desirable for reasons of economy,
efficiency, or equity.
(b) Whenever the Secretary and the Administrator make a joint
determination pursuant to paragraph (a)(3) of this Section, assistance
may be provided in accordance with such determination.
THE WHITE HOUSE,
July 27, 1965.
LYNDON B. JOHNSON
Executive Order No. 11236, 30 F.R. 9349, July 28, 1965
By virtue of the authority vested in me as President of the United
States it is ordered as follows:
Section 1. Establishment of Commission. (a) There is hereby
established the President's Commission on Law Enforcement and
Administration of Justice (hereafter referred to as the "Commission").
(b) The Commission shall be composed of such members, not to exceed
twenty, as the President shall appoint, one of whom shall be designated
by the President as the chairman. The members and chairman of the
Commission shall serve at the pleasure of the President.
(c) The President shall appoint an Executive Secretary, who shall
receive such compensation as the President shall specify. The functions
and duties of the Executive Secretary shall be prescribed by the
Commission.
Sec. 2. Functions of Commission. The Commission shall:
(1) Inquire into the causes of crime and delinquency, measures for
their prevention, the adequacy of law enforcement and administration of
justice, and the factors encouraging respect or disrespect for law, at
the national, State, and local levels, and make such studies, conduct
such hearings, and request such information as it deems appropriate for
this purpose.
(2) Develop standards and make recommendations for actions which can
be taken by the Federal, State, and local governments, and by private
persons and organizations, to prevent, reduce, and control crime and
increase respect for law, including, but not limited to, improvements in
training and qualifications of personnel engaged in law enforcement and
related activities, improvements in techniques, organization, and
administration of law enforcement activities, improvements in the
administration of justice, improvements in correction and rehabilitation
of convicted offenders and juvenile delinquents, promotion of better
understanding between law enforcement officials and other members of the
community, and promotion of greater respect for law throughout the
community.
Sec. 3. Executive Departments and Agencies; Judiciary. The
Attorney General, the Secretary of the Treasury, the Secretary of
Health, Education, and Welfare, and the Director of the Office of
Economic Opportunity each shall designate a representative to serve with
the Commission as liaison. All executive departments and agencies shall
cooperate with the Commission and furnish it such information and
assistance, not inconsistent with law, as it may require in the
performance of its functions and duties. The Commission shall consult,
as it deems appropriate, with members of the Federal, State, and local
judiciary and their assistants concerning matters of common interest.
Sec. 4. Appointment of Committees. The Chairman of the Commission,
after consultation with the other members, and at such times as the
Commission may deem appropriate, shall constitute Citizens Advisory
Committees (hereafter referred to as the "Committees") composed of
persons (including persons from State and local governments and other
public and voluntary organizations) who are authorities in professional
or technical fields related to crime or juvenile delinquency, or persons
representative of the general public who are leaders in activities
concerned with crime or juvenile delinquency. The Committees, and
persons who are members, shall serve at the pleasure of the Commission.
Sec. 5. Functions of Committees. The Committees shall furnish the
Commission information, advice, and recommendations with respect to the
functions set forth in section 2 of this order and shall engage in such
other activities as the Commission may deem appropriate.
Sec. 6. Compensation, Personnel, and Finance. (a) Members of the
Commission not otherwise employed by the United States shall receive
$100 per diem when engaged in the performance of duties pursuant to this
order, and shall be allowed travel expenses and per diem in lieu of
subsistence as authorized by law (5 U.S.C. 55a; 5 U.S.C. 73b-2) for
persons employed intermittently.
(b) The Commission is authorized to appoint and fix the compensation
of such other personnel as may be necessary to enable it to carry out
its functions.
(c) The Commission is authorized to obtain services, including the
services of individuals as members of Committees, in accordance with the
provisions of section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at
rates for individuals not to exceed $100 per diem.
(d) All necessary expenses incurred in connection with the work of
the Commission shall be paid from the "Special Projects" fund of the
President or such other appropriated funds as may be available for the
purposes of the Commission.
Sec. 7. Administrative Services. The General Services
Administration shall provide administrative services for the Commission
on a reimbursable basis.
Sec. 8. Reports to the President and Termination. The Commission
shall make reports and recommendations to the President from time to
time as it deems suitable and shall present a final report and
recommendations not later than eighteen months from the date of this
order.
The Commission shall terminate not later than ninety days after
presenting such final report and recommendations.
THE WHITE HOUSE,
July 23, 1965.
LYNDON B. JOHNSON
Executive Order No. 11235, 30 F.R. 9199, July 23, 1965
By virtue of the authority vested in me by section 6103(a) of the
Internal Revenue Code of 1954, as amended (68A Stat. 753; 26 I.S.C.
6103(a)), /41/ it is hereby ordered that any income, estate, or gift tax
return for the years 1956 to 1965, inclusive, shall, during the
Eighty-ninth Congress, be open to inspection by the Committee on Banking
and Currency, House of Representatives, or any duly authorized
subcommittee thereof, in connection with its studies and investigations
of matters falling within the jurisdiction of the Committee under clause
4 of Rule XI of the Rules of the House of Representatives, as authorized
by House Resolution 133, 89th Congress, agreed to February 16, 1965.
Such inspection shall be in accordance and upon compliance with the
rules and regulations prescribed by the Secretary of the Treasury in
Treasury Decision 6132, relating to the inspection of returns by
committees of the Congress, approved by the President on May 3, 1955.
This order shall be effective upon its filing for publication in the
FEDERAL REGISTER.
THE WHITE HOUSE,
July 21, 1965.
LYNDON B. JOHNSON
/41/ 26 U.S.C.A.(I.R.C.1954) 6103(a).
Executive Order No. 11234, 30 F.R. 9049, July 20, 1965
By virtue of the authority vested in me as President of the United
States, it is ordered as follows:
Section 1. Establishment of Commission. (a) There is hereby
established the President's Commission on Crime in the District of
Columbia (hereafter referred to as the "Commission").
(b) The Commission shall be composed of such members as the President
shall appoint, one of whom shall be designated by the President as the
Chairman. The members and the Chairman shall serve at the pleasure of
the President.
Sec. 2. Functions of Commission. (a) The Commission shall inquire
into the following matters in the District of Columbia and make such
studies, conduct such hearings, and request such information as it deems
appropriate for this purpose:
(1) The causes of crime and delinquency and measures for their
prevention.
(2) The organization and adequacy of law enforcement and the
administration of justice.
(3) The correction and rehabilitation of offenders, particularly
first offenders.
(4) The adequacy and effectiveness of the criminal laws.
(5) The relationships between police authorities and the citizenry in
the various sections of Washington and the relationships between police
authorities and public or private agencies providing welfare or similar
services.
(6) Such other matters as the Commission may determine to be relevant
to the prevention and control of crime and the achievement of fair and
effective law enforcement.
(b) The Commission shall develop standards and make recommendations
for:
(1) Increasing the level of education and training of police
personnel and the qualifications necessary for appointment to the police
force.
(2) Improving the organization and techniques of the police force and
providing it with the best equipment and facilities available.
(3) Educating the community at large to the problems encountered by
the police and other law enforcement authorities, promoting respect for
law and achieving community involvement in the field of law enforcement.
(4) Coordinating the programs and activities of the police force and
those of appropriate public and private organizations.
(5) Promoting better public understanding of the causes of crime, and
of the means, in addition to law enforcement activities, of preventing
and controlling crime.
(6) Improving the methods used in the correction and rehabilitation
of offenders.
(7) Devising programs, through new agencies or otherwise, for the
disposition of cases of various kinds of misconduct by means alternative
to criminal trials.
(8) Expediting the handling of criminal cases, at every stage from
arrest to completion of trial.
(9) Revising the criminal laws.
(10) Carrying out other programs and activities designed to prevent
and control crime or to achieve fair and effective law enforcement.
Sec. 3. Liaison and Coordination. The Attorney General, the
Secretary of the Treasury, the Secretary of Health, Education, and
Welfare, the Director of the Office of Economic Opportunity, and the
Board of Commissioners of the District of Columbia each shall designate
a representative to serve with the Commission as liaison. All
departments and agencies of the Federal Government and the District of
Columbia shall cooperate with the Commission and furnish it such
information and assistance, not inconsistent with law, as it may require
in the performance of its functions and duties. The Commission shall
establish liaison and cooperate with any similar body constituted to
study law enforcement and the administration of justice throughout the
Nation, and shall consult, as may be appropriate, with members of the
Federal and District of Columbia judiciary and their assistants
concerning matters of common interest.
Sec. 4. Task Forces. (a) The Chairman of the Commission, after
consultation with the other members, and at such times as the Commission
may deem appropriate, shall constitute task forces composed of persons
who are authorities in professional or technical fields related to crime
or juvenile delinquency, or persons representative of the general public
who are leaders in activities concerned with crime or juvenile
delinquency. The task forces, and persons who are members, shall serve
at the pleasure of the Commission.
(b) The task forces shall furnish the Commission information, advice
and recommendations with respect to the functions set forth in section 2
of this order and shall engage in such other activities as the
Commission may deem appropriate.
Sec. 5. Personnel and Administration. (a) The Commission is
authorized to appoint and fix the compensation of an executive secretary
and such other personnel as may be necessary to enable it to carry out
its functions.
(b) Members of the Commission may be allowed travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C. 73b-2) for
persons serving without compensation.
(c) The Commission is authorized to obtain services, including the
services of individuals as members of task forces, in accordance with
the provisions of section 15 of the Act of August 2, 1946 (5 U.S.C.
55a), at rates for individuals not to exceed $100 per diem.
(d) The General Services Administration shall provide administrative
services for the Commission on a reimbursable basis.
(e) All necessary expenses incurred in connection with the work of
the Commission shall be paid from the "Special Projects" fund of the
President or such other funds as may be available for the purposes of
the Commission.
Sec. 8. Reports and Termination of Commission. The Commission shall
make reports and recommendations to the President from time to time as
it deems suitable and shall present a final report and recommendations
not later than one year from the date of this order.
The Commission shall terminate not later than sixty days after
presenting such final report and recommendations.
THE WHITE HOUSE,
July 16, 1965.
LYNDON B. JOHNSON
Executive Order No. 11233, 30 F.R. 8953, July 16, 1965
As a mark of respect to the memory of Adlai E. Stevenson, it is
hereby ordered, pursuant to the provisions of Section 4 of Proclamation
3044 of March 1, 1954, that until interment the flag of the United
States shall be flown at half-staff on all buildings, grounds and naval
vessels of the Federal Government in the District of Columbia and
throughout the United States and its Territories and possessions. I
also direct that the flag shall be flown at half-staff for the same
length of time at all United States embassies, legations, consular
offices, and other facilities abroad, including all military facilities
and naval vessels and stations.
THE WHITE HOUSE,
July 14, 1965.
LYNDON B. JOHNSON
Executive Order No. 11232, 30 F.R. 8745, July 10, 1965
By virtue of the authority vested in me by Section 5785(b) of Title
10 of the United States Code, /39/ I hereby suspend the provision of
Section 5751(b) of Title 10 of the United States Code /40/ which relates
to the service-in-grade requirement for officers in the line of the Navy
of the grade of commander for eligibility for consideration by a
selection board for promotion to the next higher grade.
THE WHITE HOUSE,
July 8, 1965.
LYNDON B. JOHNSON
/39/ 10 U.S.C.A. 5785(b).
/40/ 10 U.S.C.A. 5751(b).
Executive Order No. 11231, 30 F.R. 8665, July 9, 1965
By virtue of the authority vested in me as President of the United
States and as Commander in Chief of the armed forces of the United
States, it is ordered as follows:
Section 1. There is hereby established the Vietnam Service Medal
with suitable appurtenances. Except as limited in section 2 of this
order, and under uniform regulations to be prescribed by the Secretaries
of the military departments and approved by the Secretary of Defense, or
regulations to be prescribed by the Secretary of the Treasury with
respect to the Coast Guard when it is not operating as a service in the
Navy, the Vietnam Service Medal shall be awarded to members of the armed
forces who serve in Vietnam or contiguous waters or air space, as
defined by such regulations, after July 3, 1965, and before a terminal
date to be prescribed by the Secretary of Defense.
Sec. 2. Notwithstanding section 3 of Executive Order No. 10977 of
December 4, 1961, establishing the Armed Forces Expeditionary Medal, any
member who qualified for that medal by reason of service in Vietnam
between July 1, 1958, and July 4, 1965, shall remain qualified for that
medal. Upon application, any such member may be awarded the Vietnam
Service Medal in lieu of the Armed Forces Expeditionary Medal, but no
person may be awarded both medals by reason of service in Vietnam and no
person shall be entitled to more than one award of the Vietnam Service
Medal.
Sec. 3. The Vietnam Service Medal may be awarded posthumously.
THE WHITE HOUSE,
July 8, 1965.
LYNDON B. JOHNSON
Executive Order No. 11230, 30 F.R. 8447, July 2, 1965
By virtue of the authority vested in me by Section 301 of Title 3 of
the United States Code, /1/ and as President of the United States, it is
hereby ordered as follows--
Section 1. The Director of the Bureau of the Budget is hereby
designated and empowered to exercise, without the approval,
ratification, or other action of the President, the following:
(1) The authority vested in the President by Section 10 of the Act of
March 3, 1933, ch. 212, 47 Stat. 1516 (5 U.S.C. 73b), /2/ to prescribe
regulations (relating to the certification required in connection with
allowances for transportation exceeding the lowest first-class rate by
the transportation facility used in such transportation) provided for in
that Section.
(2) The authority vested in the President by Section 1(a) of the
Administrative Expenses Act of 1946, 60 Stat. 806 (5 U.S.C. 73b-1(a)),
/3/ to prescribe the regulations (relating to the allowance and payment
of the expenses of travel and certain other expenses of any civilian
officer or employee of the Government transferred from one official
station to another for permanent duty) provided for in that Section.
(3) The authority vested in the President by the first sentence of
Section 1(b) of the Administrative Expenses Act of 1946, 60 Stat. 807 (5
U.S.C. 73b-1(b)), /4/ to prescribe the regulations (relating to the
reimbursement on a commuted basis, in lieu of the payment of certain
actual expenses pertaining to his household goods and personal effects,
of any civilian officer or employee of the Government transferred from
one official station to another for permanent duty between points in the
continental United States) provided for in that sentence, except the
authority to establish the commuted rates on which such reimbursement is
made.
(4) The authority vested in the President by the second sentence of
Section 1(b) of the Administrative Expenses Act of 1946, 60 Stat. 807 (5
U.S.C. 73b-1(b)), /5/ to prescribe the regulations (relating to the
amount of the allowance or expenses, and the payment thereof, for the
transportation of a house trailer or mobile dwelling within the
continental United States, within Alaska, or between the continental
United States and Alaska, for use as a residence) provided for in that
sentence.
(5) The authority vested in the President by Section 1(e) of the
Administrative Expenses Act of 1946 (5 U.S.C. 73b-1(e)) /6/ and by
Section 301(d) of the Overseas Differentials and Allowances Act of
September 6, 1960, P.L. 86-707, 74 Stat. 796, to prescribe the
regulations (relating to storage expenses and other matters) provided
for in those Sections.
(6) The authority vested in the President by Section 1(f) of the
Administrative Expenses Act of 1946 (5 U.S.C. 73b01(f)), /7/ to
prescribe the regulations (relating to the transportation of the
privately owned motor vehicle of an employee assigned to a post of duty
outside the continental United States on other than temporary duty
orders) provided for in that Section.
(7) The authority vested in the President by Section 7 of the
Administrative Expenses Act of 1946 (5 U.S.C. 73b-3), /8/ to prescribe
the regulations (relating to the availability of appropriations for the
departments for expenses of travel of Government personnel (including
new appointees), transportation of their immediate families, and
transportation of their household goods and personal effects) provided
for in that Section.
(8) The authority vested in the President by Section 1 of the Act of
July 8, 1940, ch. 551, 54 Stat. 743 (5 U.S.C. 103a), /9/ to prescribe
regulations governing the matters provided for in paragraphs (a), (b),
and (c) of that Section (relating to the payment of certain expenses on
the death of a civilian officer or employee of the United States or of
his dependents occurring in the circumstances described in those
paragraphs and the furnishing of certain services and supplies on the
death of such dependents).
(9) The authority vested in the President by Section 3 of the Travel
Expense Act of 1949, 63 Stat. 166 (5 U.S.C. 836), /10/ to establish
maximum rates of per diem allowances for civilian officers and employees
of the Government to the extent that such authority pertains to travel
status other than at localities in foreign areas as defined in Section
111 of the Overseas Differentials and Allowances Act (74 Stat. 792).
(10) That part of the authority vested in the President by Section
7(a) of the Defense Department Overseas Teachers Pay and Personnel
Practices Act, 73 Stat. 216 (5 U.S.C. 2355(a)) /11/ which consists of
authority to prescribe regulations relating to storage (including
packing, drayage, unpacking, and transportation to and from storage) of
household effects and personal possessions.
(11) The authority vested in the President by the last sentence of
paragraph (c) of Section 32 of Title III of the Act of July 22, 1937,
ch. 517, 50 Stat. 525 (7 U.S.C. 1011(c)), /12/ to transfer to other
Federal, State, or Territorial agencies lands acquired by the Secretary
of Agriculture under Section 32(a) of that Act.
(12) The authority vested in the President by Section 340 of the
Consolidated Farmers Home Administration Act of 1961, 75 Stat. 318 (7
U.S.C. 1990), /13/ in his discretion to transfer to the Secretary of
Agriculture any right, interest or title held by the United States in
any lands acquired in the program of national defense and no longer
needed for that program, and to determine the suitability of the lands
to be transferred, for the purposes referred to in that Section.
(13) The authority vested in the President by Section 126(a) of Title
10 of the United States Code /14/ to approve the transfers of balances
of appropriations provided for in that Section.
(14) The authority vested in the President by Section 4(k) of the
Tennessee Valley Authority Act, 55 Stat. 599 (16 U.S.C. 831c(k)), /15/
to approve transfers under paragraphs (a) and (c) of that Section, other
than leases for terms of less than 20 years and conveyances of property
having a value not in excess of $500.
(15) The authority vested in the President by Section 7(b) of the
Tennessee Valley Authority Act of May 18, 1933, 48 Stat. 63 (16 U.S.C.
831f(b)), /16/ to provide for the transfer to the Tennessee Valley
Authority of the use, possession, and control of real or personal
property of the United States deemed by the Director of the Bureau of
the Budget to be necessary and proper for the purposes of the
Corporation as stated in that Act.
(16) The authority vested in the President by Section 1 of the Act of
March 4, 1927, ch. 505, 44 Stat. 1422 (20 U.S.C. 191), 17/ to transfer
to the jurisdiction of the Secretary of Agriculture for the purposes of
that Act any land belonging to the United States within or adjacent to
the District of Columbia located along the Anacosta River north of
Benning Bridge.
(17) The authority vested in the President by the last sentence of
Section 4 of the Act of May 10, 1943, ch. 95, 57 Stat. 81 (24 U.S.C.
34), /18/ to prescribe from time to time rates of charges for
hospitalization and dispensary services.
(18) The authority vested in the President by Section 202 of the
Budget and Accounting Procedures Act of September 12, 1950, 64 Stat. 838
(31 U.S.C. 581c), /19/ to approve the transfers of balances of
appropriations provided for in subsections (a) and (b) of that Section.
(19) The authority vested in the President by the last sentence of
Section 11 of the Act of June 6, 1924, ch. 270, 43 Stat. 463 (40 U.S.C.
72), /20/ to approve (A) the designation of lands to be acquired by
condemnation, (B) contracts for purchase of lands, and (C) agreements
between the National Capital Planning Commission and officials of the
States of Maryland and Virginia.
(20) The authority vested in the President by Section 1 of the Act of
December 22, 1928, ch. 48, 45 Stat. 1070 (40 U.S.C. 72a), /21/ to
approve contracts for acquisition of land subject to limited rights
reserved to the grantor and for the acquisition of limited permanent
rights in land adjoining park property.
(21) The authority vested in the President by Section 108 of the
Housing Act of July 15, 1949, ch. 338, 63 Stat. 419 (42 U.S.C. 1458),
/22/ to transfer, or cause to be transferred, to the Housing and Home
Finance Administrator any right, title or interests held by the Federal
Government or any department or agency thereof in any land (including
buildings thereon) which is surplus to the needs of the Government and
which a local public agency certifies will be within the area of a
project being planned by it.
(22) The authority vested in the President by Section 407(b) of the
Act of August 30, 1957, 71 Stat. 556 (42 U.S.C. 1594j(b)), /23/ to
approve regulations (relating to the rental of substandard housing for
members of the uniformed services) prescribed pursuant to that Section.
The Secretaries referred to in Section 407(c) of that Act shall furnish
the Director of the Bureau of the Budget such reports with respect to
matters within the scope of the regulations so approved as he may
require and at such times as he may specify.
(23) The authority vested in the President by the paragraph appearing
under the heading "Expenses of Management Improvement" in the Executive
Office Appropriation Act 1965, P.L. 88-392, 78 Stat. 374, or by any
reenactment of the provisions of that paragraph in the same or in a
different amount of funds, to allocate to any agency or office of the
executive branch (including the Bureau of the Budget) funds appropriated
by that paragraph or by any such reenactment of it. The Director of the
Bureau of the Budget shall from time to time report to the President
concerning activities carried on by executive agencies and offices with
funds allocated under this paragraph and shall, consonant with law,
exercise such direction and control with respect to those activities as
he shall deem appropriate.
(24) The authority vested in the President by the first sentence of
Section 6 of the Act of August 20, 1964, 78 Stat. 558 (5 U.S.C. 3126),
/24/ to issue the regulations (relating to the provision, occupancy, and
availability of quarters and facilities, the determination of rates and
charges therefor, and other related matters, as are necessary and
appropriate to carry out the provisions of that Act) provided for in
that sentence.
(25) The authority vested in the President by the first Section of
the Act of August 31, 1964, 78 Stat. 745 (5 U.S.C. 70c), /25/ to
prescribe the regualtions (relating to the rates at which an allowance
will be paid to employees of the United States assigned to duty, other
than temporary duty, on one of the California offshore islands and to
defining the areas and groups of positions to which such rates shall
apply) provided for in that Section.
(26) The authority vested in the President by Section 44(a) of the
Alaska Omnibus Act of June 25, 1959, P.L. 86-70, 73 Stat. 151, to make
transitional grants to the State of Alaska; and the authority vested in
the President by Section 44(b) of that Act (A) to approve requests of
the Governor of Alaska that Federal agencies continue to provide
services or facilities in Alaska for an interim period, and (B) to
allocate to such agencies the funds necessary to finance the provision
of such services or facilities.
(27) The authority vested in the President by Section 45(a) of the
Alaska Omnibus Act of June 25, 1959, 73 Stat. 152, (A) to determine that
any function performed by the Federal Government in Alaska has been
terminated or curtailed by the Federal Government and that performance
of such function or substantially the same function has been or will be
assumed by the State of Alaska, and (B) in his discretion, to transfer
and convey to the State of Alaska, without reimbursement, any property
or interest in property, real or personal, situated in Alaska and as
otherwise described in Section 45(a). The provisions of this paragraph
shall not be construed to affect the authority delegated to the
Secretary of the Interior by Executive Order No. 10857 of December 29,
1959, with respect to the transfer and conveyance of property described
in Section 2 of that order.
(28) The authority vested in the President by Section 5(e) of the Act
of March 18, 1959, P.L. 86-3, 73 Stat. 6, to determine that certain land
or property is no longer needed by the United States, and to convey to
the State of Hawaii the land or property which is determined to be no
longer needed by the United States.
Sec. 2. The following are hereby superseded:
(1) Part I of Executive Order No. 10530 of May 10, 1954. /26/
(2) Executive Order No. 10559 of September 8, 1954. /27/
(3) Executive Order No. 10759 of March 17, 1958. /28/
(4) Executive Order No. 10766 of May 1, 1958. /29/
(5) Executive Order No. 10790 of November 20, 1958. /30/
(6) Executive Order No. 10836 of September 8, 1959. /31/
(7) Executive Order No. 10889 of October 5, 1960. /32/
(8) So much of Section 2 of Executive Order No. 10903 of January 9,
1961, as added paragraphs (s), (5), and (u) to Section 1 of Executive
Order No. 10530 of May 10, 1954.
(9) Executive Order No. 10960 of August 21, 1961. /33/
(10) Section 2 of Executive Order No. 10970 of October 27, 1961.
/34/
(11) Section 1 of Executive Order No. 11012 of March 27, 1962. /35/
(12) Section 2(a) of Executive Order No. 11116 of August 5, 1963.
/36/
(13) Executive Order No. 11164 of August 1, 1964. /37/
(14) Executive Order No. 11184 of October 13, 1964. /38/
Sec. 3. (a) Unless inappropriate, any reference in this Order to any
statute or to any provision of any statute shall be deemed to include
reference thereto as amended from time to time.
(b) Unless inappropriate, any reference in any Executive Order to any
Executive order which is superseded by this Order, or to any Executive
order provision so superseded, shall hereafter be deemed to refer to
this Order or to the provision of Section 1 of this Order, if any, which
corresponds to the superseded provision.
Sec. 4. All actions heretofore taken by the President or by the
Director of the Bureau of the Budget in respect of the matters affected
by the provisions of Section 1 of this Order and in force at the time of
the issuance of this Order, including any regulations prescribed or
approved by the President or by the Director of the Bureau of the Budget
in respect of such matters, shall, except as they may be inconsistent
with the provisions of this Order, remain in effect until amended,
modified, or revoked pursuant to authority conferred by this Order
unless sooner terminated by operation of law.
THE WHITE HOUSE,
June 28, 1965.
LYNDON B. JOHNSON
/1/ 3 U.S.C.A. 301.
/2/ 5 U.S.C.A. 73b.
/3/ 5 U.S.C.A. 73b-1(a).
/4/ 5 U.S.C.A. 73b-1(b).
/5/ 5 U.S.C.A. 73b-1(b).
/6/ 5 U.S.C.A. 73b-1(e).
/7/ 5 U.S.C.A. 73b-1(f).
/8/ 5 U.S.C.A. 73b-3.
/9/ 5 U.S.C.A. 103a.
/10/ 5 U.S.C.A. 836.
/11/ 5 U.S.C.A. 2355(a).
/12/ 7 U.S.C.A. 1011(c).
/13/ 7 U.S.C.A. 1990.
/14/ 10 U.S.C.A. 126(a).
/15/ 16 U.S.C.A. 831c(k).
/16/ 16 U.S.C.A. 831f(b).
/17/ 20 U.S.C.A. 191.
/18/ 24 U.S.C.A. 34.
/19/ 31 U.S.C.A. 581c.
/20/ 40 U.S.C.A. 72.
/21/ 40 U.S.C.A. 72a.
/22/ 42 U.S.C.A. 1458.
/23/ 42 U.S.C.A. 1594j(b).
/24/ 5 U.S.C.A. 3126.
/25/ 5 U.S.C.A. 70c.
/26/ 3 U.S.C.A. 301 note.
/27/ 1954 U.S.Code & Cong.News, p. 1861.
/28/ 3 U.S.C.A. 301 note.
/29/ 42 U.S.C.A. 1594j note.
/30/ 3 U.S.C.A. 301 note.
/31/ 3 U.S.C.A. 301 note.
/32/ 3 U.S.C.A. 301 note.
/33/ 3 U.S.C.A. 301 note.
/34/ 3 U.S.C.A. 301 note.
/35/ 3 U.S.C.A. 301 note.
/36/ 3 U.S.C.A. 301 note.
/37/ 3 U.S.C.A. 301 note.
/38/ 3 U.S.C.A. 301 note.
Executive Order No. 11229, 30 F.R. 7741, June 16, 1965
By virtue of the authority vested in me by the Constitution of the
United States of America, the International Coffee Agreement Act of 1965
(Public Law 89-23, approved May 22, 1965, hereinafter referred to as the
Act), /13/ the International Coffee Agreement, 1962, ratified December
20, 1963, and proclaimed January 17, 1964 (TIAS 5505, hereinafter
referred to as the Agreement), and Section 301 of Title 3 of the United
States Code, /14/ and as President of the United States, it is ordered
as follows:
Section 1. Secretary of State. Subject to the provisions of this
Order, the powers of the President involved in the participation of the
United States of America in the Agreement, including so much of the
functions conferred upon the President by the Act as is neither reserved
nor delegated to other officers herein, are hereby delegated to the
Secretary of State.
Sec. 2. Secretary of the Treasury. The functions conferred upon the
President by subsections (1) and (2) of Section 2 of the Act, together
with the authority to issue and enforce such rules and regulations as
may be necessary to perform such functions, are hereby delegated to the
Secretary of the Treasury.
Sec. 3. Secretaries of State, the Treasury, Agriculture, Commerce,
and Labor. The functions conferred upon the President by subsection (3)
of Section 2 of the Act, together with the authority to issue and
enforce such rules and regulations as may be necessary to perform these
functions, are hereby delegated to the Secretaries of State, the
Treasury, Agriculture, Commerce, and Labor, severally.
Sec. 4. Functions reserved. There are hereby reserved to the
President the functions conferred upon him by Sections 5 and 8, and by
the first sentence of Section 4, of the Act.
Sec. 5. Coordination. The functions assigned by the provisions of
this Order shall be performed under effective coordination. The
measures of coordination hereunder shall include the following:
(1) In effecting and carrying out the participation of the United
States of America in the Agreement, the Secretary of State shall consult
with the appropriate heads of Federal agencies, including the Secretary
of the Treasury, the Secretary of Agriculture, the Secretary of
Commerce, and the Secretary of Labor.
(2) The delegates under Section 3 of this Order shall use the
functions delegated thereunder as they and the Secretary of State shall
mutually agree.
Sec. 6. Redelegation. Each Secretary mentioned in this Order is
hereby authorized to redelegate within his Department the functions
hereinabove assigned to him.
THE WHITE HOUSE,
June 14, 1965.
LYNDON B. JOHNSON
/13/ 19 U.S.C.A. 1356a et seq.
/14/ 3 U.S.C.A 301.
Executive Order No. 11228, 30 F.R. 7739, June 16, 1965
By virtue of the authority vested in me by Section 301 of Title 3 of
the United States Code, /3/ and as President of the United States, it is
hereby ordered as follows--
Section 1. The United States Civil Service Commission is hereby
designated and empowered to exercise, without the approval,
ratification, or other action of the President, the following:
(1) The authority vested in the United States Civil Service
Commission by Section 605 of the Federal Employees Pay Act of 1945, 59
Stat. 304 (5 U.S.C. 945), /4/ to issue, subject to the approval of the
President, regulations necessary for the administration of certain
provisions of that Act insofar as the Act affects officers and employees
in or under the executive branch of the Government.
(2) The authority vested in the President by Section 203(f) of the
Annual and Sick Leave Act of 1951, 65 Stat. 680 (5 U.S.C. 2062(f)), /5/
to prescribe regulations governing the granting of leave of absence as
described in that Section.
(3) Except as to Presidential appointees, the authority vested in the
President (A) by Section 204 of the Act of June 30, 1932, 47 Stat. 404,
to exempt from automatic separation from the service under that Section
any person when, in his judgment, the public interest so requires, and
(B by Section 5(c) of the Civil Service Retirement Act, 70 Stat. 748 (5
U.S.C. 2255(c), /6/ to exempt from automatic separation from the service
under Section 5 of that Act any employee when, in his judgment, the
public interest so requires.
Sec. 2. The Chairman of the United States Civil Service Commission
is hereby designated and empowered to exercise, without the approval,
ratification, or other action of the President, the authority vested in
the President by Section 304(e) of the Government Employees' Incentive
Awards Act, 68 Stat. 1113 (5 U.S.C. 2133(e), /7/ to determine the
activity primarily benefiting, or the various activities benefiting,
from any suggestion, invention, superior accomplishment, or other
personal effort of any civilian officer or employee of the Government
which constitutes the basis of any Presidential award or honorary
recognition made or granted under Section 304(b) of that Act (5 U.S.C.
2133(b)).
Sec. 3. The following are hereby superseded:
(1) Part II of Executive Order No. 10530 of May 10, 1954. /8/
(2) Executive Order No. 10682 of October 22, 1956. /9/
(3) Section 5 of Executive Order No. 10800 of January 15, 1959. /10/
(4) Executive Order No. 10835 of August 21, 1959. /11/
(5) So much of Section 2 of Executive Order No. 10903 of January 9,
1961, /12/ as added paragraph te) to Section 2 of Executive Order No.
10530 of May 10, 1954.
Sec. 4. (a) Unless inappropriate, references in this Order to any
statute or to any provision of any statute shall be deemed to include
references thereto as amended from time to time.
(b) Unless inappropriate, any reference in any Executive order to any
Executive order which is superseded by this Order, or to any Executive
order provision so superseded, shall hereafter be deemed to refer to
this Order or to the provision of Section 1 or Section 2 of this Order,
if any, which corresponds to the superseded provision.
Sec. 5. All actions heretofore taken by the President or by his
delegates in respect of the matters affected by Sections 1 and 2 of this
Order and in force at the time of the issuance of this Order, including
any regulations prescribed or approved by the President or by his
delegates in respect of such matters, shall, except as they may be
inconsistent with the provisions of this Order, remain in effect until
amended, modified, or revoked pursuant to the authority conferred by
this Order unless sooner terminated by operation of law.
THE WHITE HOUSE,
June 14, 1965.
LYNDON B. JOHNSON
/3/ 3 U.S.C.A 301.
/4/ 5 U.S.C.A. 945.
/5/ 5 U.S.C.A. 2062(f).
/6/ 5 U.S.CA. 2255(c).
/7/ 5 U.S.C.A. 2123(e).
/8/ 3 U.S.C.A. 301 note.
/9/ 3 U.S.C.A. 30, note.
/10/ 5 U.S.C.A. 2301 note.
/11/ 5 U.S.C.A. 2123 note.
/12/ 1961 U.S.Code Cong. & Adm.News, p. 1254.
Executive Order No. 11227, 30 F.R. 7369, June 4, 1965
By virtue of the authority vested in me by Section 1 of the
International Organizations Immunities Act (59 Stat. 669; 22 U.S.C.
288), /1/ and having found that the United States participates in the
Interim Communications Satellite Committee pursuant to the authority of
the Communications Satellite Act of 1962 (76 Stat. 419; 47 U.S.C.
701-744) /2/ and the Agreement Establishing Interim Arrangements for a
Global Commercial Communications System, August 20, 1964, TIAS 5646, I
hereby designate the Interim Communications Satellite Committee as a
public international organization entitled to enjoy the privileges,
exemptions, and immunities conferred by the International Organizations
Immunities Act, with the following exceptions:
1. The Interim Committee shall not enjoy the privileges, exemptions,
and immunities conferred pursuant to Sections 2(b), 2(c), and 6 of that
Act.
2. The officers and employees of the Interim Committee shall not
enjoy the privileges, exemptions, and immunities conferred pursuant to
Section 7(b) of that Act, but representatives to the Interim Committee
and their alternates shall enjoy the privileges, exemptions, and
immunities conferred pursuant to said Section 7(b).
The designation of the Interim Communications Satellite Committee as
a public international organization within the meaning of the
International Organizations Immunities Act is not intended to abridge in
any respect privileges, exemptions, or immunities which such
organization may have acquired or may acquire by treaty or Congressional
action.
THE WHITE HOUSE,
June 2, 1965.
LYNDON B. JOHNSON
/1/ 22 U.S.C.A. 288.
/2/ 47 U.S.C.A. 701 et seq.
Executive Order No. 11226, 30 F.R. 7213, May 29, 1965
By virtue of the authority vested in me as President of the United
States, it is hereby ordered as follows:
Section 1. Executive Order 10358 of June 9, 1952, entitled
"Observance of Holidays by Government Agencies," /34/ is hereby amended
(1) by changing section 7 to read as follows:
"Sec. 7. In administering the provisions of law relating to pay and
leave of absence, the workdays referred to in section 4, 5, 6, and 9
shall be treated as holidays in lieu of the corresponding calendar
holidays."
(2) by auditing a new section 9 as follows:
"Sec. 9. The holiday for a full-time employee for whom the head of a
department has established the first 40 hours of duty performed within a
period of not more than six days of the administrative workweek as his
basic workweek because of the impracticability of prescribing a regular
schedule of definite hours of duty or each workday, shall be determined
as follows:
"(a) If a holiday occurs on Sunday, the head of the department shall
designate in advance either Sunday or Monday as the employee's holiday
and the employee's basic 40-hour tour of duty shall be deemed to include
8 hours on the day designated as the employee's holiday.
"(b) If a holiday occurs on Saturday, the head of the department
shall designate in advance either the Saturday or the preceding Friday
as the employee's holiday and the employee's basic 40-hour tour of duty
shall be deemed to include 8 hours on the day designated as the
employee's holiday.
"(c) If a holiday occurs on any other day of the week, that day shall
be the employee's holiday, and the employee's basic 40-hour tour of duty
shall be deemed to include 8 hours on that day.
"(d) When a holiday is less than a full day, proportionate credit
will be given under paragraph (a), (b), or (c) of this section."
Sec. 2. The amendment to Executive Order 10358 ordered by section 1
of this order, shall be effective upon issuance of this order.
THE WHITE HOUSE,
May 27, 1965.
LYNDON B. JOHNSON
/34/ 5 U.S.C.A. 86a note.
Executive Order No. 11225, 30 F.R. 7093, May 27, 1965
By virtue of the authority vested in me by Section 1 of the
International Organizations Immunities Act (59 Stat. 669; 22 U.S.C.
288), /33/ and having found that the United States participates in the
International Coffee Organization pursuant to the International Coffee
Agreement, 1962, (14 UST 1911; TIAS 5055), I hereby designate the
International Coffee Organization as a public international organization
entitled to enjoy the privileges, exemptions, and immunities conferred
by the International Organizations Immunities Act.
This designation is not intended to abridge in any respect
privileges, exemptions, and immunities which the International Coffee
Organization may have acquired or may acquire by treaty or congressional
action.
THE WHITE HOUSE,
May 22, 1965.
LYNDON B. JOHNSON
/33/ 22 U.S.C.A 288.
Executive Order No. 11224, 30 F.R. 6679, May 15, 1965
WHEREAS the Senate and House of Representatives have been duly
notified of my intention to terminate the designation of the Bahamas,
Bermuda, Ireland, Kuwait, and Portugal as economically less developed
countries for purposes of the tax imposed by section 4911 of the
Internal Revenue Code;
NOW, THEREFORE, by virtue of the authority vested in me by section
4916(b) of the Internal Revenue Code of 1954, as added by section 2 of
the Interest Equalization Tax Act, approved September 2, 1964 (Public
Law 88-563) /29/ by section 301 of title 3 of the United States Code,
/30/ and as President of the United States, it is hereby ordered as
follows:
Section 1. Economically less developed countries. For purposes of
the tax imposed by section 4911 of the Internal Revenue Code, /31/ the
following areas are designated as economically less developed countries:
(a) All foreign countries (including Trust Territories) in existence
on or after the effective date of this order, other than Australia,
Austria, Belgium, Canada, Denmark, Federal Republic of Germany, France,
Ireland, Italy, Japan, Kuwait, Liechtenstein, Luxembourg, Monaco,
Netherlands, New Zealand, Norway, Portugal, San Marino, Spain, Sweden,
Switzerland, Union of South Africa, United Kingdom, and any foreign
country within the Sino-Soviet bloc, as defined in section 2:
(b) Each territory, department, province, and possession (other than
the Bahamas, Bermuda, and Hong Kong), of any foreign country in
existence on or after the effective date of this order, other than a
foreign country within the Sino-Soviet bloc, as defined in section 2, if
the territory, department, province, or possession is overseas from the
foreign country of which it is a territory, department, province, or
possession; and
(c) The Commonwealth of Puerto Rico and all possessions of the United
States.
Sec. 2. Definition of the term "foreign country within the
Sino-Soviet bloc." For purposes of this order, the term "foreign country
within the Sino-Soviet bloc" shall mean Albania, Bulgaria, any part of
China which is dominated or controlled by International Communism, Cuba,
Czechoslovakia, Estonia, Hungary, any part of Korea which is dominated
or controlled by International Communism, Latvia, Lithuania, Outer
Mongolia, Poland (including any area under its provisional
administration), Rumania, Soviet Zone of Germany and the Soviet Sector
of Berlin, Tibet, Union of Soviet Socialist Republics and the Kurile
Islands, Southern Sakhalin, and areas in East Prussia which are under
the provisional administration of the Union of Soviet Socialist
Republics, and any part of Viet Nam which is dominated or controlled by
International Communism.
Sec. 3. Prior acquisitions and commitments. Notwithstanding the
provisions of sections 1 and 2 of this order, any area which had the
status of an economically less developed country under section 4916(b)
of the Internal Revenue Code prior to the effective date of this order
shall be deemed to be an economically less developed country for
purposes of section 4916 with respect to an acquisition of stock or a
debt obligation--
(a) If such acquisition was made prior to the effective date of this
order;
(b) If such acquisition is made pursuant to an obligation to acquire
which, prior to April 6, 1965, was unconditional or was subject only to
conditions contained in a formal contract under which partial
performance had occurred; or
(c) If, with respect to such acquisition, the acquiring United States
person (or, in a case where two or more United States persons are making
acquisitions as part of a single transaction, a majority in interest of
such persons) had taken every action prior to April 6, 1965, to signify
approval of the acquisition under the procedures ordinarily employed by
such person (or persons) in similar transactions and had sent or
deposited for delivery to the foreign person from whom the acquisition
was made written evidence of such approval in the form of a commitment
letter, memorandum of terms, draft purchase contract, or other documents
setting forth, or referring to a document sent by the foreign person
from whom the acquistion was made which set forth, te principal terms of
such acquistion, subject only to the execution of formal documents
evidencing the acquisition and to customary closing conditions.
Sec. 4. Rules and regulations. The Secretary of the Treasury or his
delegate is authorized to prescribe from time to time regulations,
rulings, directions, and instructions to carry out the purposes of this
order.
Sec. 5. Effective date. This order shall become effective upon its
filing for publication in the FEDERAL REGISTER.
Sec. 6. Inapplicability of Executive Order 11071. Executive Order
No. 11071, dated December 27, 1962, /32/ is hereby superseded to the
extent that such order applies to section 4916 of the Internal Revenue
Code.
THE WHITE HOUSE,
May 13, 1965.
LYNDON B. JOHNSON
/29/ 26 U.S.C.A(I.R.C.1954) 4916(b).
/30/ 3 U.S.C.A. 301.
/31/ 26 U.S.C.A.(I.R.C.1954) 4911.
/32/ 26 U.S.C.A.(I.R.C.1954) 955 note.
Executive Order No. 11223, 30 F.R. 6635, May 14, 1965
By virtue of the authority vested in me by Section 633 of the Foreign
Assistance Act of 1961, as amended, 75 Stat. 454 (22 U.S.C. 2393), /10/
it is hereby determined that, to the extent hereinafter indicated, the
performance of functions authorized by that Act, as amended, and any
predecessor legislation, without regard to the laws specified in the
numbered subdivisions of Sections 1 and 2 of this order and without
regard to consideration as specified in Sections 3 and 4 of this order
will further the purposes of the Foreign Assistance Act of 1961, as
amended:
Section 1. With respect to functions authorized by the Foreign
Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), /11/ and
any predecessor legislation except those functions exercised by the
Department of Defense under authority of Sections 621 and 623 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2381 and 2383): /12/
(1) The Act of March 26, 1934, 48 Stat. 500, as amended (15 U.S.C.
616a). /13/
(2) Section 3648 of the Revised Statutes, as amended, 60 Stat. 809
(31 U.S.C. 529). /14/
(3) Section 305 of the Federal Property and Administrative Services
Act of 1949, 63 Stat. 396, as amended (41 U.S.C. 255). /15/
(4) Section 3709 of the Revised Statutes, as amended (41 U.S.C. 5),
/16/
(5) Section 7310 of the Revised Statutes (41 U.S.C. 8). /17/
(6) Section 2 of Title III of the Act of March 3, 1933, 47 Stat. 1520
(41 U.S.C. 10a). /18/
(7) Section 3735 of the Revised Statutes (41 U.S.C. 13). /19/
(8) Section 304(c) of the Federal Property and Administrative
Services Act of 1949, as added by the Act of October 31, 1951, 65 Stat.
700 (41 U.S.C. 254(c)), /20/ but only with respect to contracts entered
into with foreign governments or agencies thereof for the rendering of
services to the United States or an agency thereof within the
continental limits of the United States.
(9) Section 901(a) of the Merchant Marine Act, 1936, 49 Stat. 2015,
as amended (46 U.S.C. 1241(a)). /21/
Sec. 2. With respect to purchases authorized to be made outside the
limits of the United States or the District of Columbia under the
Foreign Assistance Act of 1961, as amended, and any predecessor
legislation:
(1) Section 2276(a) of Title 10 of the United States Code. /22/
(2) Section 2313(b) of Title 10 of the United States Code. /23/
(3) Section 304(c) of the Federal Property and Administrative
Services Act of 1949, as added by the Act of October 31, 1951, 65 Stat.
700 (41 U.S.C. 254(c)). /24/
(4) Section 1301 of the Second War Powers Act, 1942, 56 Stat. 185 (50
U.S.C.App. 643), /25/ as extended by the provisions of the Act of June
30, 1953, 67 Stat. 120.
(5) Section 3(b) of the Act of August 28, 1958, 72 Stat. 972 (50
U.S.C. 1433(b)), /26/ but only with respect to contracts in which the
inclusion of the clause required by Section 3(b), or the compliance with
that clause, if included in a contract, is deemed by the executive or
military department concerned to be impracticable.
Sec. 3. With respect to cost-type contracts heretofore or hereafter
made with non-profit institutions under which no fee is charged or paid,
amendments and modifications of such contracts may be made with or
without consideration and may be utilized to accomplish the same things
as any original contract could have accomplished, irrespective of the
time or circumstances of the making, or the form of the contract amended
or modified, or of the amending or modifying contract and irrespective
of rights which may have accrued under the contract or the amendments or
modifications thereof.
Sec. 4. With respect to contracts heretofore or hereafter made,
other than those described in Section 3 of this order, amendments and
modifications of such contracts may be made with or without
consideration and may be utilized to accomplish the same things as any
original contract could have accomplished, irrespective of the time or
circumstances of the making, or the form of the contract amended or
modified, or of the amending or modifying contract, and irrespective of
rights which may have accrued under the contract or the amendments or
modifications thereof, if the Secretary of State determines in each case
that such action is necessary to protect the foreign policy interests of
the United States.
Sec. 5. Executive Order No. 10784 of October 1, 1958, /27/ and
Executive Order No. 10845 of October 12, 1959, /28/ are hereby
superseded.
THE WHITE HOUSE,
May 12, 1965.
LYNDON B. JOHNSON
/10/ 22 U.S.C.A. 2393.
/11/ 22 U.S.C.A. 2151 et seq.
/12/ 22 U.S.C.A. 2381 and 2383.
/13/ 15 U.S.C.A 616a.
/14/ 31 U.S.C.A. 529.
/15/ 41 U.S.C.A. 255.
/16/ 41 U.S.C.A. 5.
/17/ 41 U.S.C.A. 8.
/18/ 41 U.S.C.A. 10a.
/19/ 41 U.S.C.A 13.
/20/ 41 U.S.C.A. 254(c).
/21/ 46 U.S.C.A. 1241(a).
/22/ 10 U.S.C.A. 2276(a).
/23/ 10 U.S.C.A. 2313(b).
/24/ 41 U.S.C.A. 254(c).
/25/ 50 U.S.C.A.App. 643.
/26/ 50 U.S.C.A. 1433(b).
/27/ 22 U.S.C.A. 2393 note.
/28/ 22 U.S.C.A. 2393 note.
Executive Order No. 11222, 30 F.R. 6469, May 11, 1965
By virtue of the authority vested in me by Section 301 of Title 3 of
the United States Code, /6/ and as President of the United States, it is
hereby ordered as follows:
Section 101. Where government is based on the consent of the
governed, every citizen is entitled to have completed confidence in the
integrity of his government. Each individual officer, employee, or
adviser of government must help to earn and must honor that trust by his
own integrity and conduct in all official actions.
Section 201. (a) Except in accordance with regulations issued
pursuant to subsection (b) of this section, no employee shall solicit or
accept, directly or indirectly, any gift, gratuity, favor,
entertainment, loan, or any other thing of monetary value, from any
person, corporation, or group which--
(1) has, or is seeking to obtain, contractual or other business or
financial relationships with his agency;
(2) conducts operations or activities which are regulated by his
agency; or
(3) has interests which may be substantially affected by the
performance or nonperformance of his official duty.
(b) Agency heads are authorized to issue regulations, coordinated and
approved by the Civil Service Commission, implementing the provisions of
subsection (a) of this section and to provide for such exceptions
therein as may be necessary and appropriate in view of the nature of
their agency's work and the duties and responsibilities of their
employees. For example, it may be appropriate to provide exceptions (1)
governing obvious family or personal relationships where the
circumstances make it clear that it is those relationships rather than
the business of the persons concerned which are the motivating factors--
the clearest illustration being the parents, children or spouses of
federal employees; (2) permitting acceptance of food and refreshments
available in the ordinary course of a luncheon or dinner or other
meeting or on inspection tours where an employee may properly be in
attendance; or (3) permitting acceptance of loans from banks or other
financial institutions on customary terms to finance proper and usual
activities of employees, such as home mortgage loans.
This section shall be effective upon issuance of such regulations.
(c) It is the intent of this section that employees avoid any action,
whether or not specifically prohibited by subsection (a), which might
result in, or create the appearance of--
(1) using public office for private gain;
(2) giving preferential treatment to any organization or person;
(3) impeding government efficiency or economy;
(4) losing complete independence or impartiality of action;
(5) making a government decision outside official channels; or
(6) affecting adversely the confidence of the public in the integrity
of the Government.
Sec. 202. An employee shall not engage in any outside employment,
including teaching, lecturing, or writing, which might result in a
conflict, or an apparent conflict, between the private interests of the
employee and his official government duties and responsibilities,
although such teaching, lecturing, and writing by employees are
generally to be encouraged so long as the laws, the provisions of this
order, and Civil Service Commission and agency regulations covering
conflict of interest and outside employment are observed.
Sec. 203. Employees may not (a) have direct or indirect financial
interests that conflict substantially, or appear to conflict
substantially, with their responsibilities and duties as Federal
employees, or (b) engage in, directly or indirectly, financial
transactions as a result of, or primarily relying upon, information
obtained through their employment. Aside from these restrictions,
employees are free to engage in lawful financial transactions to the
same extent as private citizens. Agencies may, however, further
restrict such transactions in the light of the special circumstances of
their individual missions.
Sec. 204. An employee shall not use Federal property of any kind for
other than officially approved activities. He must protect and conserve
all Federal property, including equipment and supplies, entrusted or
issued to him.
Sec. 205. An employee shall not directly or indirectly make use of,
or permit others to make use of, for the purpose of furthering a private
interest, official information not made available to the general public.
Sec. 206. An employee is expected to meet all just financial
obligations, especially those-- such as Federal, State, or local taxes--
which are imposed by law.
Section 301. This part applies to all "special Government employees"
as defined in Section 202 of Title 18 of the United States Code, who are
employed in the Executive Branch.
Sec. 302. A consultant, adviser or other special Government employee
must refrain from any use of his public office which is motivated by, or
gives the appearance of being motivated by, the desire for private gain
for himself or other persons, including particularly those with whom he
has family, business, or financial ties.
Sec. 303. A consultant, adviser, or other special Government
employee shall not use any inside information obtained as a result of
his government service for private personal gain, either by direct
action on his part or by counsel, recommendations, or suggestions to
others, including particularly those with whom he has family, business,
or financial ties.
Sec. 304. An adviser, consultant, or other special Government
employee shall not use his position in any way to coerce, or give the
appearance of coercing, another person to provide any financial benefit
to him or persons with whom he has family, business, or financial ties.
Sec. 305. An adviser, consultant, or other special Government
employee shall not receive or solicit from persons having business with
his agency anything of value as a gift, gratuity, loan or favor for
himself or persons with whom he has family, business, or financial ties
while employed by the government or in connection with his work with the
government.
Sec. 306. Each agency shall, at the time of employment of a
consultant, adviser, or other special Government employee require him to
supply it with a statement of all other employment. The statement shall
list the names of all the corporations, companies, firms, State or local
governmental organizations, research organizations and educational or
other institutions in which he is serving as employee, officer, member,
owner, director, trustee, adviser, or consultant. In addition, it shall
list such other financial information as the appointing department or
agency shall decide is relevant in the light of the duties the appointee
is to perform. The appointee may, but need not, be required to reveal
precise amounts of investments. The statement shall be kept current
throughout the period during which the employee is on the Government
rolls.
Section 401. (a) Not later than ninety days after the date of this
order, the head of each agency, each Presidential appointee in the
Executive Office of the President who is not subordinate to the head of
an agency in that Office, and each full-time member of a committee,
board, or commission appointed by the President, shall submit to the
Chairman of the Civil Service Commission a statement containing the
following:
(1) A list of the names of all corporations, companies, firms, or
other business enterprises, partnerships, nonprofit organizations, and
educational or other institutions--
(A) with which he is connected as an employee, officer, owner,
director, trustee, partner, adviser, or consultant; or
(B) in which he has any continuing financial interests, through a
pension or retirement plan, shared income, or otherwise, as a result of
any current or prior employment or business or professional association;
or
(C) in which he has any financial interest through the ownership of
stocks, bonds, or other securities.
(2) A list of the names of his creditors, other than those to whom he
may be indebted by reason of a mortgage on property which he occupies as
a personal residence or to whom he may be indebted for current and
ordinary household and living expenses.
(3) A list of his interests in real property or rights in lands,
other than property which he occupies as a personal residence.
(b) Each person who enters upon duty after the date of this order in
an office or position as to which a statement is required by this
section shall submit such statement not later than thirty days after the
date of his entrance on duty.
(c) Each statement required by this section shall be kept up to a
date by submission of amended statements of any changes in, or additions
to, the information required to be included in the original statement,
on a quarterly basis.
Sec. 402. The Civil Service Commission shall prescribe regulations,
not inconsistent with this part, to require the submission of statements
of financial interests by such employees, subordinate to the heads of
agencies, as the Commission may designate. The Commission shall
prescribe the form and content of such statements and the time or times
and places for such submission.
Sec. 403. (a) The interest of a spouse, minor child, or other member
of his immediate household shall be considered to be an interest of a
person required to submit a statement by or pursuant to this part.
(b) In the event any information required to be included in a
statement required by or pursuant to this part is not known to the
person required to submit such statement but is known to other persons,
the person concerned shall request such other persons to submit the
required information on his behalf.
(c) This part shall not be construed to require the submission of any
information relating to any person's connection with, or interest in,
any professional society or any charitable, religious, social,
fraternal, educational, recreational, public service, civic, or
political organization or any similar organization not conducted as a
business enterprise and which is not engaged in the ownership or conduct
of a business enterprise.
Sec. 404. The Chairman of the Civil Service Commission shall report
to the President any information contained in statements required by
Section 401 of this part which may indicate a conflict between the
financial interests of the official concerned and the performance of his
services for the Government. The Commission shall report, or by
regulation require reporting, to the head of the agency concerned any
information contained in statements submitted pursuant to regulations
issued under Section 402 of this part which may indicate a conflict
between the financial interests of the officer or employee concerned and
the performance of his services for the Government.
Sec. 405. The statements and amended statements required by or
pursuant to this part shall be held in confidence, and no information as
to the contents thereof shall be disclosed except as the Chairman of the
Civil Service Commission or the head of the agency concerned may
determine for good cause shown.
Sec. 406. The statements and amended statements required by or
pursuant to this part shall be in addition to, and not in substitution
for, or in derogation of, any similar requirement imposed by law,
regulation, or order. The submission of a statement or amended
statements required by or pursuant to this part shall not be deemed to
permit any person to participate in any matter in which his
participation is prohibited by law, regulation, or order.
Section 501. As used in this part, "department" means an executive
department, "agency" means an independent agency or establishment or a
Government corporation, and "head of an agency" means, in the case of an
agency headed by more than one person, the chairman or comparable member
of such agency.
Sec. 502. There is delegated, in accordance with and to the extent
prescribed in Sections 503 and 504 of this part, the authority of the
President under Sections 205 and 208(b) of Title 18, United States Code,
to permit certain actions by an officer or employee of the Government,
including a special Government employee, for appointment to whose
position the President is responsible.
Sec. 503. Insofar as the authority of the President referred to in
Section 502 extends to any appointee of the President subordinate to or
subject to the chairmanship of the head of a department or agency, it is
delegated to such department or agency head.
Sec. 504. Insofar as the authority of the President referred to in
Section 502 extends to an appointee of the President who is within or
attached to a department or agency for purposes of administration, it is
delegated to the head of such department or agency.
Sec. 505. Notwithstanding any provision of the preceding sections of
this part to the contrary, this part does not include a delegation of
the authority of the President referred to in Section 502 insofar as it
extends to:
(a) The head of any department or agency in the Executive Branch;
(b) Presidential appointees in the Executive Office of the President
who are not subordinate to the head of an agency in that Office; and
(c) Presidential appointees to committees, boards, commissions, or
similar groups established by the President.
Section 601. The Civil Service Commission is designated and
empowered to perform, without the approval, ratification, or other
action of the President, so much of the authority vested in the
President by Section 1753 of the Revised Statutes of the United States
(5 U.S.C. 631) as relates to establishing regualtions for the conduct of
persons in the civil service.
Sec. 602. Regulations issued under the authority of Section 601
shall be consistent with the standards of ethical conduct provided
elsewhere in this order.
Section 701. The Civil Service Commission is authorized and
directed, in addition to responsibilities assigned elsewhere in this
order:
(a) To issue appropriate regualtions and instructions implementing
Parts II, III, and IV of this order;
(b) To review agency regulations from time to time for conformance
with this order; and
(c) To recommend to the President from time to time such revisions in
this order as may appear necessary to ensure the maintenance of high
ethical standards within the Executive Branch.
Sec. 702. Each agency head is hereby directed to supplement the
standards provided by law, by this order, and by regulations of the
Civil Service Commission with regulations of special applicability to
the particular functions and activities of his agency. Each agency head
is also directed to assure (1) the widest possible distribution of
regulations issued pursuant to this section, and (2) the availability of
counseling for those employees who request advice or interpretation.
Sec. 703. The following are hereby revoked:
(a) Executive Order No. 10939 of May 5, 1961. /7/
(b) Executive Order No. 11125 of October 29, 1963. /8/
(c) Section 2(a) of Executive Order No. 10530 of May 10, 1954. /9/
(d) White House memorandum of July 20, 1961, on "Standards of Conduct
for Civilian Employees."
(e) The President's Memorandum of May 2, 1963, "Preventing Conflicts
of Interest on the Part of Special Government Employees." The effective
date of this revocation shall be the date of issuance by the Civil
Service Commission of regulations under Section 701(a) of this order.
Sec. 704. All actions heretofore taken by the President or by his
delegates in respect of the matters affected by this order and in force
at the time of the issuance of this order, including any regualtions
prescribed or approved by the President or by his delegates in respect
of such matters, shall, except as they may be inconsistent with the
provisions of this order or terminate by operation of law, remain in
effect until amended, modified, or revoked pursuant to the authority
conferred by this order.
Sec. 705. As used in this order, and except as otherwise
specifically provided herein, the term "agency" means any executive
department, or any independent agency or any Government corporation;
and the term "employee" means any officer or employee of an agency.
THE WHITE HOUSE,
May 8, 1965.
LYNDON B. JOHNSON
/6/ 3 U.S.C.A. 301.
/7/ 5 U.S.C.A.note preceding 2201.
/8/ 18 U.S.C.A. 205 note.
/9/ 3 U.S.C.A. 301 note.
Executive Order No. 11221, 30 F.R. 6427, May 8, 1965
By virtue of the authority vested in me as President of the United
States, it is ordered that Executive Order No. 11126 of November 2,
1963, which established a Committee and a Council relating to the status
of women, /5/ be amended as follows:
(1) By substituting for Section 101(a) the following:
Section 101. (a) There is hereby established the interdepartmental
Committee on the Status of Women (hereinafter referred to as the
"Committee"), which shall be composed of the Secretary of Labor, who
shall be the Chairman of the Committee, the Secretary of State, the
Secretary of Defense, the Attorney General, the Secretary of
Agriculture, the Secretary of Commerce, the Secretary of Health,
Education, and Welfare, the Chairman of the Civil Service Commission,
the Chairman of the Equal Employment Opportunity Commission, the
Director of the Office of Economic Opportunity, and an Assistant
Secretary of Labor to be designated by the Secretary of Labor, all ex
officio. The Chairman may designate a Vice-Chairman of the Committee
from its membership, and the Director of the Women's Bureau of the
Department of Labor shall serve as Executive Vice-Chairman of the
Committee, and shall be an ex officio member thereof.
(2) By substituting for Section 103 the following:
Sec. 103. Annually the Committee, after consultation with the
Citizens' Advisory Council, shall transmit a report to the President
concerning the status of women.
(3) By substituting for Section 201 the following:
Sec. 201. There is hereby established the Citizens' Advisory Council
on the Status of Women (hereinafter referred to as the "Council"), which
shall be composed of 20 members appointed by the President, one of whom
he shall designate to serve as Chairman. The Council shall meet at the
call of the Chairman of the Committee, but not less than twice a year.
Members of the Council shall serve without compensation from the United
States.
THE WHITE HOUSE,
May 6, 1965.
LYNDON B. JOHNSON
/5/ 1963 U.S.Cong. & Adm.News, p. 1755.
Executive Order No. 11220, 30 F.R. 6425, May 8, 1965
WHEREAS a part of the Okanogan National Forest in Washington is so
situated that its transfer to the Wenatchee National Forest in
Washington would facilitate protection and administration of national
forest land and would be in the public interest:
NOW, THEREFORE, by virtue of the authority vested in me by the Act of
June 4, 1897 (30 Stat. 34, 36; 16 U.S.C. 473), /1/ and Section 11 of
the Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 521), /2/ and as
President of the United States, and upon the recommendation of the
Secretary of Agriculture, it is ordered as follows:
All that part of the Okanogan National Forest, formerly known as the
Chelan National Forest, established by Executive Order No. 823 of June
18, 1908, as amended and supplemented, which is situated in Chelan
County, Washington, comprising a gross area of approximately 531,472
acres, of which about 521,944 acres consist of certain lands withdrawn
from the public domain and others acquired by exchange (16 U.S.C.
485,486) /3/ and donation (16 U.S.C. 569), /4/ is hereby transferred to
and made a part of the Wenatchee National Forest, effective July 1,
1965, and the boundaries common to the two national forests are adjusted
accordingly.
THE WHITE HOUSE,
May 6, 1965.
LYNDON B. JOHNSON
/1/ 16 U.S.C.A. 473.
/2/ 16 U.S.C.A. 521.
/3/ 16 U.S.C.A. 485 and 486.
/4/ 16 U.S.C.A. 569.
Executive Order No. 11219, 30 F.R. 6381, May 7, 1965
By virtue of the authority vested in me by section 1753 of the
Revised Statutes /5/ and the Civil Service Act (22 Stat. 403), /6/ and
as President of the United States, it is hereby ordered as follows:
SECTION 1. Under regulations and conditions prescribed by the Civil
Service Commission, a present or former officer or employee of the
Foreign Service may be appointed in the competitive service if he:
(a) Is qualified for the position in the competitive service;
(b) Was appointed in the Foreign Service under authority of the
Foreign Service Act of 1946, as amended, or legislation that supplements
or replaces that Act;
(c) Served in the Foreign Service under an unlimited, career-type
appointment and, immediately before his separation from that
appointment, he completed at least one year of continuous service under
one or more nontemporary appointments in the Foreign Service which may
include the service that made him eligible for his career-type
appointment; and
(d) Is appointed within 3 years after his separation from the Foreign
Service, or he completed at least 3 years of substantially continuous
service under one or more nontemporary appointments in the Foreign
Service immediately before his separation from the unlimited,
career-type appointment in that Service which may include the service
that made him eligible for such appointment or he is entitled to
preference under section 2 of the Veterans' Preference Act of 1944, as
amended.
SEC. 2. (a) Except as provided in paragraph (b) of this section, a
person appointed under Section 1 of this Order becomes a career
conditional employee.
(b) A person appointed under Section 1 of this Order becomes a career
employee when he:
(1) Has completed at least 3 years of substantially continuous
service under one or more nontemporary appointments in the Foreign
Service immediately before his separation from the unlimited,
career-type appointment in that Service which may include the service
that made him eligible for such appointment;
(2) Is appointed to a position in the competitive service required by
law or Executive order to be filled on a permanent or career basis; or
(3) Has completed the service requirement for career tenure in the
competitive service.
For the purpose of subparagraph (3) of this paragraph, service in the
Foreign Service is creditable in meeting the service requirement only if
the person concerned is appointed to a nontemporary position in the
competitive service under Section 1 of this Order within 30 days after
his separation from the Foreign Service.
SEC. 3. A person appointed to a nontemporary position in the
competitive service under Section 1 of this Order acquires a competitive
status automatically on appointment.
SEC. 4. Any law, Executive order, or regulation that would
disqualify an applicant for appointment in the competitive service shall
also disqualify a person for appointment under Section 1 of this Order.
SEC. 5. For the purpose of this Order, a person is deemed to be an
officer or employee in the "Foreign Service" if he was appointed in any
agency under authority of the Foreign Service Act of 1946, as amended,
/7/ or legislation that supplements or replaces that Act.
THE WHITE HOUSE,
May 6, 1965.
LYNDON B. JOHNSON
/5/ 5 U.S.C.A. 631.
/6/ 5 U.S.C.A. 632.
/7/ 22 U.S.C.A. 801 et seq.
Executive Order No. 11218, 30 F.R. 5821, April 27, 1965
By virtue of the authority vested in me as President of the United
States, it is ordered that Executive Order No. 11017 of April 27, 1962,
as amended, /4/ be, and it is hereby, further amended by substituting
for subsection (a) of Section 1 thereof the following:
"(a) There is hereby established the Recreation Advisory Council
(hereinafter referred to as the Council). The Council shall be composed
of the Secretary of the Interior, the Secretary of Agriculture, the
Secretary of Defense, the Secretary of Commerce, the Secretary of
Health, Education, and Welfare, the Administrator of the Housing and
Home Finance Agency, and the Chairman of the Tennessee Valley Authority.
The chairmanship of the Council shall rotate among these officials in
the order named and for terms of two years each. Each of the foregoing
officers may appoint a delegate to represent him in Council activity.
When matters affecting the interests of Federal agencies (including, as
used in this Order, executive departments and other executive agencies)
the heads of which are not members of the Council are to be considered
by the Council, the chairman of the Council shall invite such heads to
participate in the deliberations of the Council."
THE WHITE HOUSE,
April 24, 1965.
LYNDON B. JOHNSON
/4/ 16 U.S.C.A. 17k note.
Executive Order No. 11217, 30 F.R. 5819, April 27, 1965
By virtue of the authority vested in me by section 55(a) of the
Internal Revenue Code of 1939, as amended (53 Stat. 29, 54 Stat. 1008;
/2/ 26 U.S.C. (1952 Ed.) 55(a)), and by section 6103(a) of the Internal
Revenue Code of 1954, as amended (68A Stat. 753; 26 U.S.C. 6103(a)),
/3/ it is hereby ordered that nay income, excess-profits, estate, or
gift tax return for the years 1947 to 1965, inclusive, shall, during the
Eighty-ninth Congress, be open to inspection by the Committee on
Un-American Activities, House of Representatives, or any duly authorized
subcommittee thereof, for the purpose of carrying on those
investigations of subversive and un-American activities and propaganda
authorized by clause 18 of Rule XI of the Rules of the House of
Representatives, agreed to January 4, 1965. Such inspection shall be in
accordance and upon compliance with the rules and regulations prescribed
by the Secretary of the Treasury in Treasury Decisions 6132 and 6133,
relating to the inspection of returns by committees of the Congress,
approved by the President on May 3, 1955.
This order shall be effective upon its filing for publication in the
FEDERAL REGISTER.
THE WHITE HOUSE,
April 24, 1965.
LYNDON B. JOHNSON
/2/ 26 U.S.C.A.(I.R.C.1939) 55(a).
/3/ 26 U.S.C.A(I.R.C.1954) 6103(a).
Executive Order No. 11216, 30 F.R. 5817, April 27, 1965
Pursuant to the authority vested in me by section 112 of the Internal
Revenue Code of 1954, /1/ I hereby designate, for the purposes of that
section, as an area in which Armed Forces of the United States are and
have been engaged in combat:
Vietnam, including the waters adjacent thereto within the
following-described limits: From a point on the East Coast of Vietnam
at the juncture of Vietnam with China southeastward to 21 degrees N
Lat., 108 degrees 15' E Long; thence southward to 18 degrees N Lat.,
108 degrees 15' E Long.; thence southward to 18 degrees N Lat., 108
degrees 15' E Long.; thence southeastward to 17 degrees 30N Lat., 111
degrees E Long.; thence southward to 11 degrees N Lat., 111 degrees E
Long.; thence southwestward to 7 degrees N Lat., 105 degrees E Long;
thence westward to 7 degrees N Lat., 103 degrees E Long.; thence
northward to 9 degrees 30' N Lat., 103 degrees E Long.; thence
northeastward to 10 degrees 15' N. Lat., 104 degrees 27' E Long.; thence
northward to a point on the West Coast of Vietnam at the juncture of
Vietnam with Cambodia.
The date of the commencing of combatant activities in such area is
hereby designated as January 1, 1964.
THE WHITE HOUSE,
April 24, 1965.
LYNDON B. JOHNSON
/1/ 26 U.S.C.A.(I.R.C.1954) 112.
Executive Order No. 11215, 30 F.R. 4661, April 10, 1965, COMMISSION
ON THE PATENT SYSTEM
WHEREAS the patent system established under the Constitution of the
United States has contributed materially to the development of this
country by furthering increased productivity, economic growth, and an
enhanced standard of living and has strengthened the competitiveness of
our products in world markets; and
WHEREAS we have experienced vast technological advances, particularly
in recent decades, and industrial development continues to depend
increasingly upon scientific and inventive endeavors; and
WHEREAS other industrial nations may be expected to exert vigorous
efforts to obtain the greatest economic and social benefit from
inventive activity; and
WHEREAS we and other nations are concerned with improving systems for
the protection of industrial property to promote the beneficial exchange
of products and services across national boundaries; and
WHEREAS the extensive international economic interests of the United
States require that this Government take a leading role in international
cooperation for the protection of industrial property; and
WHEREAS the patent system of the United States has developed a
continuing backlog of patent applications and the cost of processing
such applications increases constantly; and
WHEREAS the general character of our patent system has undergone no
substantial change since 1836; and
WHEREAS it is now necessary to evaluate our patent system and to
identify possible improvements in it:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is ordered as follows:
Section 1. Commission established. (a) There is hereby established
the President's Commission on the Patent System, hereinafter referred to
as the Commission. The President shall designate the Chairman of the
Commission from among its members.
(b) The Commission shall be composed of the Secretary of Commerce,
the Secretary of Defense, the Administrator of the Small Business
Administration, and the Director of the National Science Foundation, or
their respective designees, and not to exceed ten other members
appointed by the President from the public at large.
(c) The Secretary of State and the Director of the Office of Science
and Technology, or their designees, may sit with the Commission as
observers.
Sec. 2. Functions of the Commission. The Commission shall recommend
to the President steps to ensure that the patent system will be more
effective in serving the public interest in view of the complex and
rapidly changing technology of our time. Specifically, it shall direct
its efforts toward (1) ascertaining the degree to which our patent
system currently serves our national needs and international goals, (2)
identifying any aspects of the system which may need change, (3)
devising possible improvements in the system, and (4) recommending any
legislation deemed essential to strengthen the United States patent
system. In carrying out its evaluation, and in achieving these
objectives, the Commission shall make an independent study of the
existing patent system of the United States including its relationship
to international and foreign patent systems, inventive activity and the
administration of the system.
Sec. 3. Administrative arrangements. (a) Each member of the
Commission who does not concurrently hold other compensated office or
employment under the United States shall receive such compensation as
shall be fixed in accordance with the standards and procedures of the
Classification Act of 1949, as amended, or such other laws or procedures
as may be applicable, and may also receive travel expenses and per diem
in lieu of subsistence as authorized by law (5 U.S.C. 73b-2) for persons
in the Government service employed intermittently.
(b) The Department of Commerce is hereby designated as the agency
which principally shall provide the Commission with necessary
administrative facilities and services, including such advice as may be
necessary to aid the Commission in the performance of its functions
hereunder.
(c) Each Federal department or agency the head of which is referred
to in Section 1(b) of this order shall, as may be necessary, furnish
assistance to the Commission to accomplish the purposes of this order,
in accordance with the provisions of Section 214 of the Act of May 3,
1945 (59 Stat. 134; 31 U.S.C. 691). Such assistance may include the
detailing of employees to the Commission, one of whom may serve as its
Executive Secretary, to perform such functions consistent with the
purposes of this order as the Commission may assign to them.
(d) Each Federal department or agency shall, consonant with law and
within the limits of available funds, cooperate with the Commission in
carrying out its functions under this order. Such cooperation shall
include, as amy be appropriate, (1) furnishing relevant available
information, (2) preparing reports or studies pursuant to requests by
the Chairman, and (3) advising the Commission on its work pursuant to
requests by the Chairman.
(e) The Commission shall have access to the records of the Patent
Office and to other records of the Department of Commerce relating to
patents, insofar as is not inconsistent with law.
Sec. 4. Reports; termination of Commission. (a) The Commission
shall transmit to the President a preliminary report within one year
after the date of this order and such interim reports as it shall deem
appropriate. It shall submit its final report and recommendations to
the President not later than 18 months after the date of this order.
(b) The Commission shall terminate not later than thirty days after
date of transmittal of its final report to the President.
Sec. 5. Revocation. Executive Order No. 8977 of December 12, 1941,
entitled "Establishing the National Patent Planning Commission," is
hereby revoked. /31/
THE WHITE HOUSE,
April 8, 1965.
LYNDON B. JOHNSON
/31/ 1941 U.S.Code Cong.Serv., p. 881.
Executive Order No. 11214, 30 F.R. 4527, April 8, 1965
By virtue of the authority vested in me by Section 204 of the
Agricultural Act of 1956, as amended (7 U.S.C.A 1854; 76 Stat. 104),
/28/ and Section 301 of Title 3 of the United States Code, /29/ and as
President of the United States, Executive Order No. 11052 of September
28, 1962 (28 F.R. 9691), /30/ entitled "Cotton Textiles and Cotton
Textile Products," is hereby amended as follows:
(1) in Section 1, insert "and the Special Representative for Trade
Negotiations" after "Labor";
(2) in the last sentence of Section 2(a), insert "and the Office of
the Special Representative for Trade Negotiations" after "labor"; and
(3) in the last sentence of Section 3, insert "and the Special
Representative for Trade Negotiations" after "Labor", and insert "or
Office" after "Department".
THE WHITE HOUSE,
April 7, 1965.
LYNDON B. JOHNSON
/28/ 7 U.S.C.A 1854.
/29/ 3 U.S.C.A 301.
/30/ 1962 U.S.Code Cong. & Adm.News, p. 4378.
Executive Order No. 11213, 30 F.R. 4389, April 6, 1965
By virtue of the authority vested in me by section 6103(a) of the
Internal Revenue Code of 1954 (68A Stat. 753; 26 U.S.C. 6103(a)), /25/
as amended by section 3(c) of the Interest equalization Tax Act (Pub. L.
88-563, 78 Stat. 844), /26/ it is hereby ordered that any information
return made by a commercial bank under the Interest Equalization Tax Act
shall be open to inspection by the Board of Governors of the Federal
Reserve System and the Federal Reserve Banks. Such inspection shall be
in accordance and upon compliance with the rules and regulations
prescribed by the Secretary of the Treasury in a Treasury decision,
relating to inspection of certain interest equalization tax information
returns by the Board of Governors of the Federal Reserve System and the
Federal Reserve Banks, approved by me this date.
Executive Order No. 11176 of September 3, 1964, /27/ is hereby
superseded.
This order shall be effective upon its filing for publication in the
FEDERAL REGISTER.
THE WHITE HOUSE,
April 2, 1965.
LYNDON B. JOHNSON
/25/ 26 U.S.C.A.(I.R.C.1954) 6103(a).
/26/ 26 U.S.C.A.(I.R.C.1954) 6103.
/27/ 1964 U.S.Code Cong.&Adm.News, p. 4216.
Executive Order No. 11212, 30 F.R. 4387, April 6, 1965, ALLEGHENY
NATIONAL FOREST
By virtue of the authority vested in me by Section 24 of the Act of
March 3, 1891 (26 Stat. 1103), as amended (16 U.S.C. 471), /22/ Section
1 of the Act of June 4, 1897 (30 Stat. 34, 36; 16 U.S.C. 473, /23/ and
Section 11 of the Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 521),
/24/ and as President of the United States and upon recommendation of
the Secretary of Agriculture, the boundaries of the Allegheny National
Forest in Pennsylvania are modified to include the following described
lands:
Beginning at corner 3 of Allegheny National Forest tract 33, on the
south bank of the Allegheny River, a point on the exterior boundary of
the Allegheny National Forest; thence northwesterly across and to the
north bank of said river where it is intersected by the line between the
Blanche Brownell and Collins Pine Company tracts; thence north along
the said tract line projected to an intersection with the south boundary
of warrant 5555; thence east along the south boundary of warrant 5555
approximately 75 chains; thence north through warrant 5555 to the north
boundary of warrant 5555, east with the said warrant boundary to the
southeast corner of warrant 5554; thence north to the northeast corner
of warrant 5554; thence westerly, northerly, easterly, northerly,
westerly, northerly, northwesterly, northerly and easterly with the
boundary of the Armstrong Forest Company Hodge Run tract to a point on
the north boundary of warrant 5561 approximately 95 chains east of the
northwest corner of said warrant; thence through warrants 5560, 5559,
5558 and warrant 5557, following property lines where appropriate,
approximately north 40 chains, west 6 chains, north 175 chains, east 7
chains, north 40 chains, west 10 chains, north 85 chains to the north
line of warrant 5557; thence following property lines west along the
north boundary of warrant 5557, 33 chains; thence through warrant 5567,
following property lines, north 16 chains, west 15 chains, north 34
chains, west 40 chains to the west boundary of warrant 5567; thence
north along said warrant boundary 15 chains; thence through warrant
5547 west 38 chains more or less to a point on Longitude 79 degrees 00'
west; thence north through warrants 5547 and 5568 approximately 45
chains to the New York-Pennsylvania State line; thence east with said
line to its intersection with the east bank of the Allegheny River, a
point on the boundary of the Allegheny National Forest; thence south
and west with said boundary to the point of beginning.
All such lands and interests therein heretofore or hereafter acquired
by the United States for or in connection with the Allegheny National
Forest or transferred to the jurisdiction of the Secretary of
Agriculture for management for National Forest purposes shall be
administered as parts of said Allegheny National Forest and shall be
subject to laws, rules, and regulations applicable thereto.
THE WHITE HOUSE,
April 2, 1965.
LYNDON B. JOHNSON
/22/ 16 U.S.C.A. 471.
/23/ 16 U.S.C.A. 473.
/24/ 16 U.S.C.A. 521.
Executive Order No. 11211, 30 F.R. 4385, April 6, 1965
By virtue of the authority vested in me by section 4917(a) of the
Internal Revenue Code of 1954, /18/ as added by section 2 of the
Interest Equalization Tax Act, approved September 2, 1964 (Public Law
88-563, 78 Stat. 809), /19/ by section 301 of title 3 of the United
States Code, /20/ and as President of the United States, it is hereby
determined that the full application of the tax imposed by section 4911
of the Internal Revenue Code of 1954, /21/ as added by section 2 of the
Interest Equalization Tax Act, will have such consequences for Japan as
to imperil or threaten to imperil the stability of the international
monetary system and it is hereby ordered as follows:
SECTION 1. The tax imposed by section 4911 of the Internal Revenue
Code of 1954 shall not apply to an acquisition by a United States person
of a debt obligation repayable exclusively in United States currency
which is issued or guaranteed as to the payment of principal and
interest by the Government of Japan (other than an obligation which by
its terms is convertible into stock of the obligor) provided that--
(a) Such debt obligation is acquired as all or part of an original or
new issue as to which there is filed such notice of acquisition as the
Secretary of the Treasury or his delegate may prescribe by regulations;
(b) The Government of Japan determines and certifies to the acquiring
United States person that his acquisition of such debt obligation
complies with the criteria set forth in this section; and
(c) Before or as a result of such acquisition, the aggregate amount
of all acquisitions by United States persons excluded from interest
equalization tax by reason of this order during the calendar year in
which the acquisition is made (or, in the case of acquisitions made
during the period beginning on the effective date of this order and
ending December 31, 1965, during such period) does not exceed
$100,000,000.
SEC. 2. The Secretary of the Treasury or his delegate is authorized
to prescribe from time to time regulations, rulings, directions, and
instructions to carry out the purpose of this order.
SEC. 3. This order shall be effective upon its filing for
publication in the FEDERAL REGISTER with respect to acquisitions made
during the period beginning on the effective date of this order and
ending on the date specified in section 4911(d) of the Internal Revenue
Code of 1954.
THE WHITE HOUSE,
April 2, 1965.
LYNDON B. JOHNSON
/18/ 26 U.S.C.A(I.R.C.1954) 4917(a).
/19/ 26 U.S.C.A.(I.R.C.1954) 4911 et seq.
/20/ 3 U.S.C.A. 301.
/21/ 26 U.S.C.A.(I.R.C.1954) 4911.
Executive Order No. 11210, 30 F.R. 4051, March 27, 1965, TEMPORARY
COMMISSION ON PENNSYLVANIA AVENUE
WHEREAS Pennsylvania Avenue between the Capitol and the White House
serves as the main ceremonial avenue connecting the centers of the
Legislative and Executive Branches of the United States Government; and
WHEREAS parts of Pennsylvania Avenue have been in large measure
developed in a manner consistent therewith; and
WHEREAS other parts of Pennsylvania Avenue have deteriorated in
condition and design or are otherwise ill suited to the ceremonial
purposes of the Avenue and to the National dignity; and
WHEREAS the President's Ad Hoc Committee on Federal Office Space
called the attention of the President to the deterioration and
obsolescence of Pennsylvania Avenue and recommended that he enlist the
aid of the finest architectural talent in the Nation to develop plans
for the improvement of Pennsylvania Avenue to reflect its National
significance; and
WHEREAS the President requested distinguished members of the
architectural and city planning profession to serve on a Council on
Pennsylvania Avenue and to develop a plan for the improvement of the
Avenue to a level commensurate with its National purpose; and
WHEREAS Congress, in support of this objective, appropriated funds to
assist in the preparation of such plans; and
WHEREAS the President's Council on Pennsylvania Avenue has developed
a general plan for the improvement of the Avenue, and the Council has
been dissolved; and
WHEREAS the plan developed by the President's Council on Pennsylvania
Avenue has been subjected to extensive review by the National Capital
Planning Commission and other interested departments and agencies and
has been deemed appropriate in its main outlines; and
WHEREAS the Congress will be asked to consider legislation to provide
for the improvement of Pennsylvania Avenue.
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is hereby ordered as follows:
Section 1. Temporary Commission on Pennsylvania Avenue. (a) There
is hereby established the Temporary Commission on Pennsylvania Ave
(hereinafter referred to as the Commission).
(b) The Commission shall be composed of the Secretary of the
Interior, the Secretary of the Treasury, the Secretary of Labor, the
Secretary of Commerce, the Attorney General, the Postmaster General, the
Administrator of General Services, the Housing and Home Finance
Administrator, the Chairman of the Commission of Fine Arts, the Chairman
of the National Capital Planning Commission, the Secretary of the
Smithsonian Institution, the President of the Board of Commissioners of
the District of Columbia, the Director of the National Gallery of Art,
and such other members as may be appointed by the President.
The Chairman shall invite the Architect of the Capitol to be a member of
the Commission.
(c) The President shall appoint from among its members a Chairman of
the Commission who shall direct its activities.
(d) Members of the Commission who are officers or employees of the
Federal Government shall receive no additional compensation by virtue of
membership on the Commission. Other members of the Commission shall be
entitled to receive compensation and travel expenses, including per diem
in lieu of subsistence, as authorized by law %5 U.S.C. 55a; 5 U.S.C.A
73b-2) for persons in the Government services employed intermittently.
(e) The Commission shall meet at the call of the Chairman.
Sec. 2. Functions of the Commission. (a) The Commission shall
advise the President with respect to:
(1) the component parts of the general plan submitted by the
President's Advisory Council on Pennsylvania Avenue respecting their
feasibility and practicability from the standpoint of financial,
engineering, planning, and other relevant considerations;
(2) the development of an orderly, phased program for carrying out
the improvement of Pennsylvania Avenue;
(3) effects of the proposed improvements on owners and occupants of
private property in and adjoining the area to be improved and actions
respecting the improvement program that will assure its achievement with
minimum harmful effects upon such private interests and with the least
disruption of business within and adjoining the area;
(4) appropriate legislation for carrying out the program of
improvement;
(b) Take steps to assure that such recommendations as it may develop
respecting plans and programs for the improvement of Pennsylvania Avenue
and the Comprehensive Plan for the National Capital and other plans
prepared or being prepared by the National Capital Planning Commission
are properly coordinated.
(c) Promote an understanding of the plan and its objectives among the
public generally; and
(d) Undertake such other actions as may be permitted by law and
requested by the President in furtherance of the objectives of this
order.
Sec. 3. Commission staff and consultants. (a) The Chairman is
authorized to appoint such personnel as may be necessary to assist the
Commission in connection with the performance of its functions.
(b) The Commission is authorized to obtain services in accordance
with the provisions of Section 15 of the Act of August 2, 1946 (5 U.S.C.
55a).
Sec. 4. Federal agencies. (a) As deemed necessary to facilitate the
work of the Commission, the Chairman may request the head of any
Executive department or agency whose activities may relate to the
objectives of the Commission to designate a liaison officer to consult
with the Commission on matters of common concern.
(b) Upon request of the Chairman, each Executive department or agency
is authorized and directed, consistent with law, to furnish the
Commission available information which the Commission may require in the
performance of its functions.
(c) Each Federal agency represented on the Commission shall furnish
such necessary assistance to the Commission as may be authorized by
Section 214 of the Act of May 3, 1945, 59 Stat. 134 (31 U.S.C. 691).
(d) The National Capital Planning Commission is hereby designated as
the agency which shall provide administrative services for the
Commission.
THE WHITE HOUSE,
March 25, 1965.
LYNDON B. JOHNSON
Executive Order No. 11209, 30 F.R. 3929, March 26, 1965, APPALACHIA--
FEDERAL DEVELOPMENT COMMITTEE
WHEREAS the Congress has enacted the Appalachian Regional Development
Act of 1965 (hereinafter referred to as the "Act") /16/ to provide
public works and economic development programs and the planning and
coordination needed to assist in the development of the Appalachian
region; and
WHEREAS the Congress has found that the Appalachian Region of the
United States, while abundant in natural resources and rich in
potential, lags behind the rest of the Nation in its economic growth,
and has declared its intention to participate in the provision of the
public works needed to enable the region to better support itself; and
WHEREAS the proper discharge of Federal responsibilities to the
people of the Appalachian region requires that related planning
activities of the Federal Government be effectively coordinated:
NOW, THEREFORE, by virtue of the authority vested in me by the Act
and as President of the United States, it is ordered as follows:
Section 1. Establishment of Committee. (a) There is hereby
established the Federal Development Committee for Appalachia
(hereinafter referred to as the "Committee").
(b) The Committee shall be composed of the Federal Cochairman of the
Appalachian Regional Commission established by Section 101 of the Act,
who shall be the Chairman of the Committee (hereinafter referred to as
the "Chairman"), and nine other members, one of whom shall be designated
by and represent each of the following, respectively: the Secretary of
the Interior, the Secretary of Agriculture, the Secretary of Commerce,
the Secretary of Labor, the Secretary of Health, Education, and Welfare,
the Secretary of the Army, the Housing and Home Finance Administrator,
the Director of the Office of Economic Opportunity, and the board of
directors of the Tennessee Valley Authority.
(c) The Chairman may request any Federal agency head not referred to
in subsection (b) of this section to designate a representative to
provide the agency liaison with the Chairman on Appalachian matters and
to participate in meetings of the Committee concerned with matters of
substantial interest to such agency head.
Sec. 2. Functions of the Chairman. (1) The Chairman shall provide
the effective and continuing liaison required by Section 104 of the Act
between the Federal Government and the Appalachian Regional Commission
(hereinafter referred to as the "Commission") and obtain a coordinated
review by the interested Federal agencies and departments of plans and
recommendations submitted by the Commission pursuant to Sections 102 and
103 of the Act. Act. In carrying out this function, the Chairman shall
inform the Federal agencies of matters to be taken under consideration
by the Commission, including possible future recommendations of the
Commission pursuant to Section 103 or 223 of the Act, and shall
undertake to obtain a consensus within the Federal Government, either
through the Committee or through consultation with appropriate agency
representatives on the Committee, before he casts his vote on any matter
as Federal Cochairman of the Commission.
(2) He shall foster surveys and studies by any appropriate Federal
agency as necessary to provide data for the preparation and operation of
plans and programs for the development of Appalachia.
(3) He shall receive from each appropriate Federal agency proposed
plans deemed appropriate to carry out the statutory responsibilities of
the agency under the Act, which plans shall be transmitted to the
Commission for its information and recommendations.
Sec. 3. Functions of the Committee. The Committee shall:
(1) advise the Chairman with respect to (A) surveys and studies
needed for the preparation of development plans pursuant to the Act, (B)
relevant activities underway and proposed within their agencies, and (C)
desirable development objectives and programs for the Appalachian
region;
(2) review any proposed agency development plan prepared pursuant to
the Act, before the proposed plan is transmitted to the Commission
through the Federal Cochairman, with the objective of assuring optimum
coordination among the plans of all Federal agencies; and
(3) receive, review, and comment to the Commission through the
Chairman on all tentative development plans prepared by the Commission.
Sec. 4. Responsibilities of Federal Agency Heads. The head of each
Federal agency concerned with a program and projects submitted by the
Commission pursuant to Section 223 of the Act is authorized, with the
concurrence of the Federal Cochairman, to exercise the powers vested in
the President by that section to approve or modify any such program or
projects.
Sec. 5. Administrative Arrangements. (a) Each Federal agency the
head of which is referred to in Section 1(b) of this order shall, as may
be necessary, furnish assistance to the Committee in accordance with the
provisions of Section 214 of the Act of May 3, 1945 (59 Stat. 134; 31
U.S.C. 691).
(b) Each Federal agency shall, consonant with law and within the
limits of available funds, cooperate with the Committee and with the
Chairman in carrying out their functions under this order. Such
cooperation shall include, as may be appropriate, (1) furnishing
relevant available information, (2) making studies and preparing reports
pursuant to requests of the Chairman, (3) in connection with the
development of programs and priorities of the agency, giving full
consideration to any plans and recommendations for the development of
Appalachia, including recommendations made by the Committee, and (4)
advising on the work of the Committee as the Chairman may from time to
time request.
Sec. 6. Construction. Nothing in this order shall be construed as
subjecting any Federal agency, or any function vested by law in, or
assigned pursuant to law to, any Federal agency, to the authority of the
Committee or the Chairman, or as abrogating or restricting any such
function in any manner.
Sec. 7. Prior Executive Orders. The Federal Development Planning
Committee for Appalachia, established by Executive Order No. 11186 of
October 23, 1964, /17/ is hereby abolished and that order is hereby
revoked. This section shall be effective on the date of the first
meeting of the Commission.
THE WHITE HOUSE,
March 25, 1965.
LYNDON B. JOHNSON
/16/ 1965 U.S.Code Cong. & Adm.News, p. 5.
/17/ 1964 U.S.Code Cong. & Adm.News, p. 4234.
Executive Order No. 11208, 30 F.R. 3927, March 26, 1965
WHEREAS the President's Advisory Council on the Arts was established
by Executive Order No. 11112 of June 12, 1963; /13/ and
WHEREAS the National Council on the Arts was established by the Act
of September 3, 1964 (P.L. 88-579) /14/ thereby obviating the need for
the Council established by the President:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, the following-described Executive orders are
hereby revoked:
(1) Executive Order No. 1112 of June 12, 1963, entitled "Establishing
the President's Advisory Council on the Arts."
(2) Executive Order No. 11124 of October 28, 1963, /15/ entitled
"Enlarging the Membership of the President's Advisory Council on the
Arts."
THE WHITE HOUSE,
March 24, 1965.
LYNDON B. JOHNSON
/13/ 1963 U.S.Code Cong. & Adm.News, p. 1738.
/14/ 20 U.S.C.A. 781 et seq.
/15/ 1963 U.S.Code Cong. & Adm.News, p. 1754.
Executive Order No. 11207, 30 F.R. 3743, March 23, 1965, FEDERAL
ASSISTANCE IN THE STATE OF ALABAMA
WHEREAS, on March 20, 1965, I issued proclamation No. 3645, /9/
pursuant in part to the provisions of Section 334 of Title 10, United
Staes Code; /10/ and
WHEREAS, the likelihood of domestic violence and obstruction of the
execution and enforcement of the laws of the United States referred to
therein continues:
NOW, THEREFORE, by virtue of the authority vested in me by the
Constitution and laws of the United States, including Chapter 15 of
Title 10 of the United States Code, particularly Sections 332, 333, and
334 thereof, /11/ and Section 301 of Title 3 of the United States Code,
/12/ it is hereby ordered as follows:
Section 1. The Secretary of Defense is authorized and directed, for
t4e period commencing with the signing of this order and ending as soon
as practicable after the termination of the march referred to in the
above-mentioned proclamation, to take all appropriate steps, including
the provision of assistance to the law enforcement agencies of the State
of Alabama, to remove obstructions to the execution and enforcement of
the laws of the United States in that state, including the order of the
court referred to in the above-mentioned proclamation, and to suppress
domestic violence in any way related to the said march.
Sec. 2. In furtherance of the authorization and direction contained
in Section 1 hereof, the Secretary of Defense is authorized to use such
of the Armed Forces of the United States as he may deem necessary.
Sec. 3. I hereby authorize and direct the Secretary of Defense to
call into the active military service of the United States, as he may
deem appropriate to carry out the purposes of this order, any or all of
the units or members of the Army National Guard and of the Air National
Guard of the State of Alabama to serve in the active military service of
the United States until relieved by appropriate orders. The Secretary
of Defense is further authorized to recall any unit or member so
relieved if he deems such recall appropriate to carry out the purposes
of this order. In carrying out the provisions of Section 1, the
Secretary of Defense is authorized to use the units, and members
thereof, called or recalled into the active military services of the
United States pursuant to this section.
Sec. 4. The Secretary of Defense is authorized to delegate to the
Secretary of the Army or the Secretary of the Air Force, or both, any of
the authority conferred upon him by this order.
THE WHITE HOUSE,
March 20, 1965
1:30 a.m.
LYNDON B. JOHNSON
/9/ 1965 U.S.Code Cong. & Adm.News, p. 4289.
/10/ 10 U.S.C.A. 334.
/11/ 10 U.S.C.A. 332, 333 and 334.
/12/ 3 U.S.C.A. 301.
Executive Order No. 11206, 30 F.R. 3741, March 23, 1965
By virtue of the authority vested in me by section 6103(a) of the
Internal Revenue Code of 1954 (68A Stat. 753; 26 U.S.C. 6103(a)), /7/
as amended by section 3(c) of the Interest Equalization Tax Act (78
Stat. 844), /8/ it is hereby ordered that returns made in respect of the
tax imposed by chapter 41 of such Code shall be open to inspection by
certain classes of persons and State and Federal government
establishments in accordance and upon compliance with the rules and
regulations prescribed by the Secretary of the Treasury in Treasury
Decision 6543, relating to inspection and use of returns by such classes
of persons and State and Federal government establishments, approved by
the President on January 17, 1961, the amendment thereto approved by the
President on April 4, 1963, and the amendment thereto approved by me
this date.
This order shall be effective upon its filing for publication in the
FEDERAL REGISTER.
THE WHITE HOUSE,
March 18, 1965.
LYNDON B. JOHNSON
/7/ 26 U.S.C.A.(I.R.C.1954) 6103(a).
/8/ 26 U.S.C.A.(I.R.C. 1954) 6103.
Executive Order No. 11205, 30 F.R. 3513, March 17, 1965
By virtue of the authority vested in me as President of the United
States, the position of Special Assistant to the President for Personnel
Management, established by Executive Order No. 10729 /6/ of September
16, 1957, is abolished, and that Order is hereby revoked.
THE WHITE HOUSE,
March 15, 1965.
LYNDON B. JOHNSON
/6/ 5 U.S.C.A. 632 note.
Executive Order No. 11204, 30 F.R. 3419, March 16, 1965, INSPECTION
OF TAX RETURNS
By virtue of the authority vested in me by section 6103(a) of the
Internal Revenue Code of 1954, as amended (68A Stat. 753; 26 U.S.C.
6103(a)), /5/ it is hereby ordered that any income, estate, or gift tax
return for the years 1957 to 1965, inclusive, shall, during the
Eighty-ninth Congress, be open to inspection by the Committee on Public
Works, House of Representatives, or duly authorized subcommittee
thereof, in connection with its investigation of the policies,
procedures and practices involved in the administration of the
Federal-Aid Highway Program, pursuant to House Resolution 141, 89th
Congress, agreed to February 16, 1965.
Such inspection shall be in accordance and upon compliance with the
rules and regulations prescribed by the Secretary of the Treasury in
Treasury Decision 6132, relating to the inspection of returns by
committees of the Congress, approved by the President on May 3, 1955.
This order shall be effective upon its filing for publication in the
Federal Register.
THE WHITE HOUSE,
March 12, 1965.
LYNDON B. JOHNSON
/5/ 26 U.S.C.A.(I.R.C.1954) 6103(a).
Executive Order No. 11203, 30 F.R. 3417, March 16, 1965
By virtue of the authority vested in me by Section 2 of the Civil
Service Act (22 Stat. 403) /3/ and Section 1753 of the Revised Statutes
of the United States (5 U.S.C. 631) /4/ and as President of the United
States, it is hereby ordered as follows--
Section 1. Any employee of the Treasury Department serving under an
appointment under Schedule B of the Civil Service Rules in a position
concerned with the protection of the life and safety of the President,
members of his immediately family, or other persons for whom similar
protective services are provided by law (which responsibility is
hereinafter referred to as the protective function) may have his
appointment converted to a career appointment if:
(1) he has completed at least three years of full-time continuous
service in a position concerned with the protective functions;
(2) the Secretary of the Treasury, or his designee, recommends the
conversion of the employee's appointment within 90 days after the
employee meets the service requirements of this section, or within 90
days after the date of this Order, whichever is later;
(3) he shall have passed a competitive examination appropriate for
the position he is occupying or meets noncompetitive examination
standards the Civil Service Commission prescribes for his position; and
(4) he meets all other requirements prescribed by the Commission
pursuant to Section 5 of this Order.
Sec. 2. For the purposes of Section 1--
(1) "full-time continuous service" means service without a break of
more than 30 calendar days;
(2) except as provided in paragraph (3) of this section, active
service in the Armed Forces of the United States shall be deemed to be
full-time continuous service in a position concerned with the protective
function if the employee concerned shall have left a position concerned
with the protective function to enter the Armed Forces and shall have
been reemployed in a position concerned with the protective function
within 120 days after he shall have been discharged from the Armed
Forces under honorable conditions; and
(3) active service in the Armed Forces shall not be deemed to be
full-time continuous service in a position concerned with the protective
function if such active service exceeds a total of four years plus any
period of additional service imposed pursuant to law.
Sec. 3. Any employee who shall have left a position concerned with
the protective function to enter active service in the Armed Forces of
the United States, who is re-employed in such a position within 120 days
after his discharge under honorable conditions from such service, and
who meets the requirements of Section 1 as the result of being credited
with his period of active service in the Armed Forces pursuant to
Section 2(2), may have his appointment converted if the Secretary of the
Treasury, or his designee, recommends that conversion within 90 days
after his re-employment.
Sec. 4. Whenever the Secretary of the Treasury, or his designee,
decides not to recommend conversion of the appointment of an employee
under this Order or whenever the Secretary, or his designee, recommends
conversion and the employee fails to qualify, the employee shall be
separated by the date on which his current Schedule B appointment
expires.
Sec. 5. The Civil Service Commission shall prescribe such
regulations as may be necessary to carry out the purposes of this Order.
THE WHITE HOUSE,
March 12, 1965.
LYNDON B. JOHNSON
/3/ 5 U.S.C.A 632.
/4/ 5 U.S.C.A. 631.
Executive Order No. 11202, 30 F.R. 3185, March 9, 1965
By virtue of the authority vested in me by Section 2 of the Civil
Service Act (22 Stat. 403) /1/ and Section 1753 of the Revised Statutes
(5 U.S.C. 631), /2/ and as President of the United States, it is hereby
ordered as follows:
Section 1. The appointment of an employee occupying a Student
Trainee position in a shortage occupation that is excepted from the
competitive service under Schedule B of the Civil Service Rules shall be
converted to a career-conditional or career appointment if he:
(1) has successfully completed a preprofessional cooperative
work-study program and has satisfied all applicable requirements leading
to the award of a bachelor's degree;
(2) has had a minimum of six months' work experience in the employing
agency as a Student Trainee;
(3) is recommended for such appointment by his employing agency; and
(4) meets all other requirements and conditions prescribed by the
Commission under Section 3 of this Order.
Sec. 2. As used in this Order, a cooperative work-study program is a
program involving alternating periods of planned work experience and
related study at an accredited college or university in either (1) a
curriculum in which the work experience is a prerequisite to the award
of a degree, or (2) a curriculum where formal arrangements are made with
the college or university for selecting and retaining program
participants and for scheduling and coordinating work experience and
academic study.
Sec. 3. The Civil Service Commission shall prescribe such
regulations as may be necessary to carry out the provisions of this
Order.
THE WHITE HOUSE,
March 5, 1965.
LYNDON B. JOHNSON
/1/ 5 U.S.C.A. 632.
/2/ 5 U.S.C.A. 631.
Executive Order No. 11201, 30 F.R. 2921, March 6, 1965, TAX RETURNS
By virtue of the authority vested in me by section 55(a) of the
Internal Revenue Code of 1939, as amended (53 Stat. 29, 54 Stat. 1008;
26 U.S.C. (1952 Ed.) 55(a)), /25/ and by section 6103(a) of the Internal
Revenue Code of 1954, as amended (68A Stat. 753; 26 U.S.C. 6103(a)),
/26/ it is hereby ordered that any income, excess-profits, estate, or
gift tax return for the years 1947 to 1966, inclusive, shall, during the
Eighty-ninth Congress, be open to inspection by the Committee on
Government Operations, House of Representatives, or any duly authorized
subcommittee thereof, in connection with its studies of the operation of
Government activities at all levels with a view to determining the
economy and efficiency of the Government. Such inspection shall be in
accordance and upon compliance with the rules and regulations prescribed
by the Secretary of the Treasury in Treasury Decisions 6132 and 6133,
relating to the inspection of returns by committees of the Congress,
approved by the President on May 3, 1955.
This order shall be effective upon its filing for publication in the
FEDERAL REGISTER.
THE WHITE HOUSE,
March 4, 1965.
LYNDON B. JOHNSON
/25/ 26 U.S.C.A.(I.R.C. 1939) 55(a).
/26/ 26 U.S.C.A.(I.R.C. 1954) 6103(a).
Executive Order No. 11200, 30 F.R. 2645, March 2, 1965, USER FEES
WHEREAS it is desirable that all American people of present and
future generations be assured adequate outdoor recreation resources, and
it is desirable for all levels of government and private interests to
take prompt and coordinated action to the extent practicable without
diminishing or affecting their respective powers and functions to
conserve, develop, and utilize such resources for the benefit and
enjoyment of the American people; and
WHEREAS these resources are to a considerable extent located on lands
administered by the Federal Government throught the National Park
Service, the Bureau of Land Management, the Bureau of Sport Fisheries
and Wildlife, the Bureau of Reclamation, the Forest Service, the Corps
of Engineers, the Tennessee Valley Authority, and the United States
Section of the International Boundary and Water Commission (United
States and Mexico); and
WHEREAS the Act of May 28, 1963, 77 Stat 49, /22/ vested the
Secretary of the Interior with legal authority to promote coordination
of Federal plans and activities generally relating to outdoor
recreation; and
WHEREAS it is fair and equitable that the users of certain recreation
areas and facilities managed by such agencies pay a reasonable fee for
the recreation benefits received; and
WHEREAS it is desirable to establish uniformity of practices among
such Federal agencies regarding recreation user fees and related
matters; and
WHEREAS the Congress, recognizing the need for urgent and effective
action in this regard, enacted the Land and Water Conservation Fund Act
of 1965, Public Law 88-578; 78 Stat. 897 (hereafter in this order
referred to as "the Act"): /23/
NOW, THEREFORE, by virtue of the authority vested in me by the Act,
by Section 301 of Title 3 of the United States Code, /24/ and as
President of the United States, it is ordered as follows:
SECTION 1. Designation of areas for 1965. (a) All areas
administered by the National Park Service, Bureau of Land Management,
Bureau of Sport Fisheries and Wildlife, Bureau of Reclamation, Forest
Service, Corps of Engineers, Tennessee Valley Authority, and the United
States Section of the International Boundary and Water Commission
(United States and Mexico), at which entrance, admission, or other
recreation user fees (hereafter in this order referred to as "recreation
user fees") were collected directly by those Federal agencies during any
part of 1964 are hereby designated, pursuant to Section 2(a) of the Act,
as areas at which recreation user fees shall be charged during 1965.
(b) The Secretary of the Interior, the Secretary of Agriculture, the
Secretary of Defense, the Board of Directors of the Tennessee Valley
Authority, and the Commissioner, United States Section of the
International Boundary and Water Commission (United States and Mexico),
or their designees, shall, by April 1, 1965, designate any additional
areas under their respective jurisdictions at which recreation user fees
are to be charged during 1965.
(c) Recreation user fees for such areas shall be prescribed as
provided in Section 5 of this Order.
SEC. 2. Designation of areas for years after 1965. (a) Subject to
the provisions of subsection (b) of this section, the areas designated
by Section 1(a), or pursuant to Section 1(b), of this Order are hereby
designated as areas for which recreation user fees shall be charged for
years after 1965.
(b) The officials described in Section 1(b) of this Order shall,
before January 1, 1966, and at least annually thereafter, review all
areas then under their respective jurisdictions, including those
described in subsection (a) of this section, to determine (1) whether
any additional areas should, in accordance with the designation criteria
prescribed by Section 3 of this Order (or under those designation
criteria as revised by the Secretary of the Interior pursuant to Section
6(c) of this Order), be designated as areas for which recreation user
fees shall be charged, or (2) whether the recreation user fee for any
area theretofore designated should be increased, reduced, or eliminated
under the designation criteria then in effect.
(c) (1) Whenever, in accordance with subsection (b) of this section,
it is determiend that the recreation user fee for an area should be
reduced or eliminated, such action shall be taken forthwith.
(2) Whenever, in accordance with subsection (b) of this section, it
is determined that the recreation user fee for an area should be charged
with respect to an area with respect to which no such fee has
theretofore been charged, such new fee shall be charged only after the
posting requirements of Section 4 of this Order have been satisfied.
SEC. 3. Criteria for designation of areas. (a) Areas shall, in
accordance with Section 1(b) and Section 2(b) of this Order and to the
extent permitted by the Act, be designated as areas at which recreation
user fees shall be charged if the following conditions are found to
exist concurrently.
(1) The area is administered by any of the eight agencies specified
in Section 1(a) of this Order;
(2) The area is administered primarily for scenic, scientific,
historical, cultural, or recreational purposes;
(3) The area has recreation facilities or services provided at
Federal expense; and
(4) The nature of the area is such that fee collection is
administratively and economically practical.
(b) Areas designated as those at which recreation user fees shall be
charged shall hereafter in this Order be referred to as "designated
areas."
SEC. 4. Posting of designated areas. The heads of administering
agencies and departments shall provide for the posting of signs at all
designated areas such as will clearly notify the visiting public that
recreation user fees are charged therein. All areas designated pursuant
to Sections 1 and 2 of this Order shall be so posted prior to the
beginning of the recreation season or as soon as practicable following
designation. No recreation user fee established pursuant to this Order
shall be effective with respect to any designated area until that
designated area has been posted.
SEC. 5. Establishment of fees. (a) Each official described in
Section 1(b) of this Order shall, subject to the criteria prescribed by
the Secretary of the Interior, establish a recreation user fee for each
designated area administered under his jurisdiction by selecting from a
schedule of fees, prescribed by the Secretary of the Interior pursuant
to Section 6 of this Order, the fee which is appropriate for each such
designated area under criteria prescribed by the Secretary pursuant to
that section. Each such official shall also specify which designated
areas shall be excluded from the coverage of the annual fee described in
Section 2(a)(1) of the Act and which, as a result of that exclusion will
be subject to the fee described in Section 2(a)(iii) of the Act. The
range of recreation user fees to be charged and the criteria for their
selection shall be established under the procedures prescribed by
Section 6 of this Order.
(b) The Secretary of the Interior shall prescribe the procedures for
the production, distribution, and sale of the Land and Water
Conservation Fund Sticker, which shall be issued to those individuals
who elect to pay the annual fee. The Secretary of the Interior shall
also prescribe the manner in which the Sticker shall be displayed. The
conditions under which it may be used shall be determined under the
procedures prescribed by Section 6 of this Order.
SEC. 6. Coordination. (a) The Secretary of the Interior shall,
after consultation with the heads of other affected departments and
agencies, adopt such coordination measures as are necessary to carry out
the purposes of Sections 2(a) and 4(a) of the Act and the provisions of
this Order.
(b)(1) In order that the purposes of the Act and of this Order may be
effectuated without delay, the Secretary of the Interior shall, subject
to the limitations imposed by the Act and without regard to the other
provisions of this section, forthwith issue a schedule of recreation
user fees and criteria to be used in determining which such fees shall
be charged with respect to each of the designated areas.
(2) Subject to the limitations imposed by the Act and subject to the
provisions of subsection (a), (c), and (d) of this section, the
Secretary of the Interior may, from time to time, amend or replace the
schedule of fees and the criteria prescribed by him pursuant to
subsection (b)(1) of this section.
(c) Subject to the limits set forth in the Act, the measures which
the Secretary of the Interior may adopt pursuant to subsection (sa) of
this section may include, but are not limited to, the following--
(1) Initial preparation and coordination of the comprehensive
statement of estimated requirements during the ensuing fiscal year for
appropriations from the Land and Water Conservation Fund, as required by
Section 4(a) of the Act.
(2) Development of such additional procedures and interpretive
materials as are necessary to facilitate the implementation of this
Order and related provisions of the Act.
(3) Review and revision, if needed, of the criteria for designation
set forth in Section 3 of this Order.
(d) Except with respect to the schedule of fees and the criteria
prescribed by the Secretary pursuant to subsection (b)(1) of this
section, measures and regulations adopted by the Secretary pursuant to
this Order shall not become effective until 30 days after they are
presented for the consideration of the other officials described in
Section 1(b). Any such official who does not concur in any such measure
or regulation may, within that 30-day period, refer the matter to the
Recreation Advisory Council established under Executive Order No. 11017
for resolution. If a proposed measure is referred to the Council for
resolution, it shall not become effective until approved by the Council.
With the approval of all other officials described in Section 1(b) of
this Order, the provisions of this subsection may be waived with respect
to any specific measure or regulation adopted by the Secretary of the
Interior pursuant to this order so that any such measure or regulation
may be made effective before the expiration of the 30-day waiting period
prescribed by the first sentence of this subsection.
SEC. 7. Review of contracts. The officials described in Section
1(b) of this Order shall, within a reasonable time, review all existing
contracts and other arrangements between their respective agencies and
any non-Federal public entity which relate to non-Federal management of
Federally-owned outdoor recreation areas. Special attention shall be
given to any provision in any such contract or other arrangement which
prohibits or discourages in any way such non-Federal public entity from
charging recreation user fees. Unless otherwise prohibited by law, each
such restrictive provision shall be the subject of renegotiation
designed to accomplish a modification thereof that will permit the
charging of recreation user fees.
SEC. 8. Regulations. The Secretary of the Interior is authorized to
issue such regulations as may be necessary to carry out his functions
under this Order.
THE WHITE HOUSE,
February 26, 1965.
LYNDON B. JOHNSON
/22/ 16 U.S.C.A 4601.
/23/ 16 U.S.C.A. 4601-4 to 4601-11.
/24/ 3 U.S.C.A. 301.
Executive Order No. 11199, 30 F.R. 2579, February 27, 1965
By virtue of the authority vested in me by Section 2152 of Title 18
of the United States Code, /21/ and as President of the United States,
it is ordered as follows:
SECTION 1. The defensive sea area off the coast of North Carolina,
heretofore existing under the provisions of Executive Order No. 5786 of
January 30, 1932, is hereby discontinued.
SEC. 2. Executive Order No. 5786 of January 30, 1932, is hereby
revoked.
THE WHITE HOUSE,
February 24, 1965.
LYNDON B. JOHNSON
/21/ 18 U.S.C.A. 2152.
Executive Order No. 11198, 30 F.R. 1929, February 11, 1965, INTEREST
EQUALIZATION TAX
By virtue of the authority vested in me by chapter 41 (sections 4911
through 4931) of the Internal Revenue Code of 1954, as added by the
Interest Equalization Tax Act, approved September 2, 1964 (Public Law
88-563, 78 Stat. 809), /18/ by section 301 of title 3 of the United
States Code, /19/ and as President of the United States, it is hereby
determined that the acquisition of debt obligations of foreign obligors
by commercial banks in making loans in the ordinary course of the
commercial banking business has materially impaired the effectiveness of
the tax imposed by section 4911 of the Internal Revenue Code of 1954,
/20/ as added by the Interest Equalization Tax Act, because such
acquisitions have replaced acquisitions by United States persons, other
than commercial banks, of debt obligations of foreign obligors which are
subject to the tax imposed by section 4911, and it is hereby ordered
that--
Section 1. The provisions of section 4931 shall apply to
acquisitions by commercial banks of debt obligations of foreign obligors
to the extent set forth herein.
Sec. 2. (a) Section 4914(j)(1)(A)(ii) and section 4915(c)(2)(A)
shall continue to apply;
(b) Section 4914(b)(2)(A) shall continue to apply only to an
acquisition of a debt obligation of a foreign obligor repayable
exclusively in one or more currencies other than United States currency
which is made by a commercial bank at its branch located outside the
United States; and
(c) The tax imposed by section 4931(c) shall apply to an acquisition
of a debt obligation of a foreign obligor having a period, remaining to
maturity of one year or more and less than 3 years which is made by a
commercial bank, other than the acquisition of a debt obligation of a
foreign obligor--
(1) Arising out of a transaction described in section 4914(c)(1)(B),
(2), (3), (4), or (5), or section 4914(d), which is transferred in
accordance with section 4914(j)(1)(A)(ii) or (iii); or
(2) Repayable exclusively in one or more currencies other than United
States currency if such acquisition is made by a commercial bank at its
branch located outside the United States.
Sec. 3. An acquisition by a United States person which is a
commercial bank of a debt obligation of a foreign obligor described in
Executive Order No. 11175 dated September 2, 1964, shall be subject to
the tax imposed pursuant to this order without regard to the provisions
of Executive Order No. 11175.
Sec. 4. The Secretary of the Treasury or his delegate is authorized
to prescribe from time to time such regulations, rulings, directions,
and instructions, and to require such reports of information, as he
shall deem necessary to carry out the purposes of this order.
Sec. 5. This order shall be effective with respect to acquisitions
made during the period beginning on the day after the date on which such
order is issued and ending on the date set forth in section 4911(d).
THE WHITE HOUSE,
February 10, 1965.
LYNDON B. JOHNSON
/18/ 26 U.S.C.A.(I.R.C.1954) 4911 et seq.
/19/ 3 U.S.C.A 301.
/20/ 26 U.S.C.A.(I.R.C.1954) 4911.
Executive Order No. 11197, 30 F.R. 1721, February 9, 1965, EQUAL
OPPORTUNITY
WHEREAS discrimination on the ground of race, creed, color, or
national origin is contrary to the constitutional principles, laws, and
policies of the United States; and
WHEREAS a number of Federal departments and agencies have been
charged, by statute and executive order, with specific responsibility
for eliminating such discrimination, and promoting equal opportunity,
and all other Federal departments and agencies have obligations with
respect thereto; and
WHEREAS there is need for a single body to review and assist in
coordinating the activities of all departments and agencies of the
Federal government which are directed toward the elimination of such
discrimination and the promotion of equal opportunity:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States by the Constitution and laws of the United States,
it is ordered as follows:
Section 1. There is hereby established the President's Council on
Equal Opportunity.
Sec. 2. The Council shall consist of the following:
(1) The Vice President of the United States, who shall be the
chairman of the Council.
(2) The Secretary of Defense, the Attorney General, the Secretary of
Agriculture, the Secretary of Commerce, the Secretary of Labor, the
Secretary of Health, Education, and Welfare, the Chairman of the Civil
Service Commission, the Administrator of the Housing and Home Finance
Agency, the Director of the Office of Economic Opportunity, the Chairman
of the Commission on Civil Rights, the Chairman of the Equal Employment
Opportunity Commission, the Administrator of General Services, the
Commissioner of Education, the Director of the Community Relations
Service, the Chairman of the President's Committee on Equal Employment
Opportunity, the Chairman of the President's Committee on Equal
Opportunity in Housing, and such other members as the President may from
time to time appoint. Each member may designate an alternate to
represent him in his absence.
Sec. 3. There shall be an Executive Secretary of the Council,
designated by the chairman, who shall assist the chairman and the
Council and shall perform such functions as the chairman or the Council
may assign or delegate to him.
Sec. 4. The Council shall--
(1) Recommend to the President such policies, programs and actions as
will promote the accomplishment of the purposes of the Civil Rights Act
of 1957 and 1964 and other Federal laws relating to civil rights and the
achievement of equal opportunity for all persons, without discrimination
on the ground of race, creed, color or national origin.
(2) Advise the President of inadequacies in existing Federal laws,
policies, and programs relating to civil rights, and in other Federal
activities which affect the free exercise of civil rights or the
realization of equal opportunity for all citizens, and make
recommendations for their improvement.
(3) Recommend to the President such changes in administrative
structure and relationships, including those for merger, combination, or
elimination of agencies, committees, or other bodies, or duplicative
authority within the Federal establishment, as may be necessary (A) to
effectuate the purposes of this order; and (B) to coordinate the
activities of Federal departments and agencies relevant to such
purposes.
(4) Recommend to the President measures which will promote the
coordination of Federal activities with those programs of State and
local governments which promote civil rights and foster equal
opportunity.
(5) Assist Federal departments and agencies to coordinate their
programs and activities and to adopt consistent and uniform policies,
practices, and procedures with respect to civil rights and promotion of
equal opportunity.
(6) Request reports or other information from Federal departments and
agencies.
(7) Consult with interested public and private groups and
individuals.
(8) Convene such conferences as may promote and coordinate the
activities of Federal, State, and local governments and private groups
with respect to civil rights and the promotion of equal opportunity.
(9) Make such reports to the President as he shall require or the
Council shall deem appropriate.
(10) Adopt rules and regulations to carry out its functions.
Sec. 5. The Chairman of the Council shall--
(1) Preside over meetings of the Council and assist, coordinate, and
guide the work of the Council in carrying out its functions.
(2) Implement decisions of the Council and represent the Council and
supervise discharge of its functions and responsibilities between
meetings of the Council.
(3) Request such reports and otherwise obtain such information from
Federal departments and agencies as the chairman deems necessary to
effectuate the purposes of this order or to facilitate the work of the
Council.
(4) Appoint subcommittees of the Council and special working or study
groups from among Federal department and agency personnel.
(5) Appoint staff of the Council.
Sec. 6. The Council shall meet upon the call of the chairman and at
such other times as may be provided by its rules and regulations.
Sec. 7. (a) Each Federal department and agency shall cooperate with
and assist the Council in the performance of its functions and shall
furnish the Council and the chairman with such reports and information
as either may request.
(b) Each Federal department and agency represented on the Council
shall defray such necessary expenses of and furnish such necessary
assistance to, the Council as may be authorized by law, including
Section 214 of the Act of May 3, 1945, 59 Stat. 134 (31 U.S.C. 691).
(c) Members of the Council who are officers or employees of the
Federal Government shall receive no additional compensation by virtue of
membership on the Council. Other members of the Council shall be
entitled to receive compensation and travel expenses, including per diem
in lieu of subsistence, as authorized by law (5 U.S.C. 55a; 5 U.S.C.
73b-2) for persons in the Government service employed intermittently.
(d) The Council is authorized to obtain services in accordance with
the provisions of Section 15 of the Act of August 2, 1946 (5 U.S.C.
55a).
(e) The General Services Administration shall provide administrative
services for the Council on a reimbursable basis.
Sec. 8. Each Federal department and agency shall designate an
officer, of a rank not lower than Deputy Assistant Secretary or the
equivalent, to oversee and coordinate the activities of such department
or agency related to the purpose of this order, and to serve as liaison
with the Council.
Sec. 9. This Order shall be effective immediately.
THE WHITE HOUSE,
February 5, 1965.
LYNDON B. JOHNSON
Executive Order No. 11196, 30 F.R. 1171, February 4, 1965, HOUSING--
HOME FINANCE
By virtue of the authority vested in me by Section 301 of Title 3 of
the United States Code, /6/ and as President of the United States, it is
hereby ordered as follows--
Section 1. The Housing and Home Finance Administrator is hereby
designated and empowered to exercise, without the approval,
ratification, or other action of the President, the following:
(1) The authority vested in the President by Section 6(d) of the
United States Housing Act of 1937, 50 Stat. 888 (42 U.S.C. 1406(d)), /7/
to approve the undertaking by the Public Housing Administration of any
annual contribution, grant, or loan, or any contract for any annual
contribution, grant, or loan, under that Act.
(2) The authority vested in the President by Section 14 of the United
States Housing Act of 1937, 50 Stat. 895 (42 U.S.C. 1414), /8/ to
approve the amending or superseding of any contract for annual
contributions of loans, or both, so that the going Federal rate on the
basis of which such annual contributions or the interest rate on the
loans, or both, respectively, are fixed shall mean the going Federal
rate on the date of approval of the amending or superseding contract
entered into by the Public Housing Administration.
(3) The authority vested in the Housing and Home Finance
Administrator by Section 103(b) of the Housing Act of 1949, 63 Stat. 416
(42 U.S.C. 1453(b)), /9/ to contract, with the approval of the
President, to make grants under Title I of that Act.
(4) The authority vested in the President by Title II of the Act of
June 28, 1940, ch. 440, 54 Stat. 681 (42 U.S.C. 1501-1505), /10/ to
determine that housing administered or assisted by the Public Housing
Administration under that Title is no longer needed to assure the
availability of dwellings for persons engaged in national-defense
activities: Provided, That determinations under this paragraph shall
require the concurrence of the Secretary of Defense.
(5) The authority vested in the President by Section 5 of the Act of
June 29, 1936, ch. 860, 49 Stat. 2026, /11/ to approve the dedication by
the Public Housing Commissioner of streets, alleys, and parks for public
use, and the granting by the Commissioner of easements, in connection
with any low-cost housing or slum-clearance project described in that
Act.
(6) The authority vested in the President by Section 57 of the Alaska
Omnibus Act (added by Public Law 88-451 of August 19, 1964, 78 Stat.
507), /12/ (A) to make the grants to the State of Alaska provided for in
that Section, (B) to approve a plan submitted by the State of Alaska for
the implementation of the purpose of that Section (C) to specify reports
to be made by the agency designated by the State of Alaska in accordance
with that Section and to prescribe the form of, and information to be
contained in, such reports, and (D) to demand access to the records upon
which such reports are based.
Sec. 2. The following are hereby superseded:
(1) Part III of Executive Order No. 10530 of May 10, 1954. /13/
(2) Executive Order No. 10573 of October 26, 1954. /14/
(3) Executive Order No. 10852 of November 27, 1959. /15/
(4) So much of Executive Order No. 11184 of October 13, 1964, /16/ as
added paragraph (g) to Section 4 of Executive Order No. 10530 of May 10,
1954. /17/
Sec. 3. (a) References in this Order to any statute or to any
provision of any statute shall be deemed to include (1) to the extent
not inappropriate, references thereto as amended from time to time, (2)
in the cases of Section 1(1), 1(2), 1(4), and 1(5) of this Order,
references to Reorganization Plan No. 3 of 1947 (61 Stat. 954), and (3)
in the case of Section 1(5) of this Order, a reference to Executive
Order No. 7732 of October 27, 1937.
(b) Unless inappropriate, any reference in any Executive order to any
Executive order which is superseded by this Order, or to any Executive
order provision so superseded, shall hereafter be deemed to refer to
this Order or to the provision of Section 1 hereof, if any, which
corresponds to the superseded provision.
Sec. 4. All actions heretofore taken by the President or by his
delegate in respect of the matters affected by Section 1 of this Order
and in force at the time of the issuance of this Order shall, except as
they may be inconsistent with the provisions of this Order. remain in
effect until amended, modified, or revoked pursuant to the authority
conferred by this Order unless sooner terminated by operation of lay.
THE WHITE HOUSE,
February 2, 1965.
LYNDON B. JOHNSON
/6/ 3 U.S.C.A. 301.
/7/ 42 U.S.C.A. 1406(d).
/8/ 42 U.S.C.A. 1414.
/9/ 42 U.S.C.A. 1453(b).
/10/ 42 U.S.C.A. 1501 et seq.
/11/ 40 U.S.C.A. 425.
/12/ 48 U.S.C.A. note prec. 21.
/13/ 1954 U.S.Code Cong. & Adm.News, p. 1836.
/14/ 1954 U.S.Code Cong. & Adm.News, p. 1873.
/15/ 2959 U.S.Code Cong. & Adm.News, p. 1127.
/16/ 3 U.S.C.A. 301 note.
/17/ 1954 U.s.Code Cong. & Adm.News, p. 1836.
Executive Order No. 11195, 30 F.R. 1169, February 4, 1965
By virtue of the authority vested in me by subsection (g) of Section
303 of the Government Employees Salary Reform Act of 1964, /4/ and as
President of the United States, it is ordered as follows:
Section 1. Section 1 of Executive Order 11189 of November 23, 1964,
/5/ is amended by adding thereto the following:
(6) Chief of Protocol, Department of State.
Sec. 2. Section 2 of Executive Order 11189 of November 23, 1964, is
amended by adding thereto the following:
(15) Staff Director, Commission on Civil Rights.
(16) Assistant Director (Program Planning, Analysis, and Research),
Office of Economic Opportunity.
(17) General Counsel, Veterans Administration.
Sec. 3. This Order shall be effective immediately.
THE WHITE HOUSE,
January 30, 1965.
LYNDON B. JOHNSON
/4/ 5 U.S.C.A. 2211.
/5/ 1964 U.S.Code Cong. & Adm.News, p. 4243.
Executive Order No. 11194, 30 F.R. 877, January 28, 1965
By virtue of the authority vested in me by section 55(a) of the
Internal Revenue Code of 1939, as amended (53 Stat. 29, 54 Stat. 1008;
26 U.S.C. (1952 Ed.) 55(a)), /2/ and by section 6103(a) of the Internal
Revenue Code of 1954 (68A Stat. 753; 26 U.S.C. 6103(a)), /3/ it is
hereby ordered that any income, excess-profits, estate, or gift tax
return for the years 1947 to 1965, inclusive, shall, during the
Eighty-ninth Congress, be open to inspection by the Senate Committee on
Government Operations or any duly authorized subcommittee thereof, in
connection with its studies of the operation of Government activities at
all levels with a view to determining the economy and efficiency of the
Government. Such inspection shall be in accordance and upon compliance
with the rules and regulations prescribed by the Secretary of the
Treasury in Treasury Decisions 6132 and 6133, relating to the inspection
of returns by committees of the Congress, approved by the President on
May 3, 1955.
This order shall be effective upon its filing for publication in the
FEDERAL REGISTER.
THE WHITE HOUSE,
January 26, 1965.
LYNDON B. JOHNSON
/2/ 26 U.S.C.A.(I.R.C.1939) 55(a).
/3/ 26 U.S.C.A.(I.R.C.1954) 6103(a).
Executive Order No. 11193, 30 F.R. 821, January 27, 1965
As a symbol of respect for the memory of Sir Winston Spencer
Churchill, as Honorary Citizen of the United States, it is hereby
ordered, pursuant to the provisions of Section 4 of Proclamation 3044 of
March 1, 1954, /1/ that through the day of interment the flag of the
United States shall be flown at half-staff on all buildings, grounds and
naval vessels of the Federal Government in the District of Columbia and
throughout the United States and its Territories and possessions. I
further direct that the flag shall be flown at half-staff for the same
length of time at all United States embassies, legations, consular
offices and other facilities abroad, including all military facilities
and naval vessels and stations.
THE WHITE HOUSE,
January 24, 1965.
LYNDON B. JOHNSON
/1/ 1954 U.S.Code Cong. & Adm.News, p. 1767.
Executive Order No. 11192, 30 F.R. 521, January 15, 1965
By virtue of the authority vested in me by section 6103(a) of the
Internal Revenue Code of 1954 (68A Stat. 753; 26 U.S.C. 6103(a), /7/ it
is hereby ordered that any income, estate, or gift tax return for the
years 1956 to 1965, inclusive, shall, during the Eighty-ninth Congress,
be open to inspection by the Senate Committee on Rules and
Administration or any duly authorized subcommittee thereof, in
connection with its study and investigation of (1) any financial or
business interests or activities and any other interests or activities
of any officer or employee or former officer or employee of the Senate
and (2) the interests or activities of members or former members of the
Senate, pursuant to Senate Resolution 212, 88th Congress, agreed to
October 10, 1963, and Senate Resolution 367, agreed to September 10,
1964. Such inspection shall be in accordance and upon compliance with
the rules and regulations prescribed by the Secretary of the Treasury in
Treasury Decision 6132, relating to the inspection of returns by
committees of the Congress, approved by the President on May 3, 1955.
Those orders shall be effective upon its filing for publication in
the FEDERAL REGISTER.
THE WHITE HOUSE,
January 13, 1965.
LYNDON B. JOHNSON.
/7/ 26 U.S.C.A.(I.R.C.1954) 6103(a).
Executive Order No. 11191, 30 F.R. 29, January 5, 1965
By virtue of the authority vested in me by Section 301 of title 3 of
the United States Code, /4/ and as President of the United States, it is
hereby ordered as follows:
Section 1. Definitions. As used in this order:
(a) The term "the Act" means the Communications Satellite Act of 1962
(76 Stat. 419), /5/ and includes, except as may for any reason be
inappropriate, that Act as amended from time to time.
(b) The term "the Corporation" means the Communications Satellite
Corporation (incorporated on February 1, 1963, under title III of the
Act and under the District of Columbia Business Corporation Act).
(c) The term "the Director" means the Director of Telecommunications
Management provided for in Executive Order No. 10995 of February 16,
1962. /6/
(d) The term "the Secretary" means the Secretary of State or his
designees.
Sec. 2. Director of Telecommunications Management. (a) Subject to
the provisions of this order, the Director shall generally advise and
assist the President in connection with the functions conferred upon the
President by the provisions of Section 201(a) of the Act.
(b) The Director shall:
(1) Aid in the planning and development, and aid in fostering the
execution, of a national program for the establishment and operation, as
expeditiously as possible, of a commercial communications satellite
system.
(2) Conduct a continuous review of all phases of the development and
operation of such a system, including the activities of the Corporation.
(3) Coordinate the activities of governmental agencies with
responsibilities in the field of telecommunication, so as to insure that
there is full and effective compliance at all times with the policies
set forth in the Act.
(4) Make recommendations to the President and others as appropriate,
with respect to all steps necessary to insure the availability and
appropriate utilization of the communications satellite system for
general Government purposes in consonance with Section 201(a)(6) of the
Act.
(5) Help attain coordinated and efficient use of the electromagnetic
spectrum and the technical compatibility of the communications satellite
system with existing communications facilities both in the United States
and abroad.
(6) Prepare, for consideration by the President, such Presidential
action documents as may be appropriate under Section 201(a) of the Act,
make necessary recommendations to the President in connection therewith,
and keep the President currently informed with respect to the carrying
out of the Act.
(7) Serve as the chief point of liaison between the President and the
Corporation.
Sec. 3. Secretary of State. (a) The Secretary shall exercise the
supervision provided for in Section 201(a)(4) of the Act and, in
consonance with Section 201(a)(5) of the Act, shall further timely
arrangements for foreign participation in the establishment and use of a
communications satellite system.
(b) The Secretary shall have direction of the foreign relations of
the United States with respect to the Act, including all negotiations by
the United States with foreign governments or with international bodies
in connection with the Act.
Sec. 4. Annual reports. The Director shall timely submit to the
President each year the report (including evaluations and
recommendations) provided for in Section 404(a) of the Act.
Sec. 5. Assistance and Cooperation. The Director and the Secretary
shall effect such mutual coordination, and all other federal agencies
concerned, and the Corporation, shall furnish the Director and the
Secretary such assistance and documents, and shall otherwise extend to
them such cooperation, as will enable the Director and the Secretary
properly to carry out their responsibilities under this order and best
promote the implementation of the Act in an orderly and expeditious
manner. In connection with his responsibilities under section 3 of this
order, the Secretary shall consult with the Director and other federal
officers concerned, and, as may be appropriate, with the Corporation.
Sec. 6. Functions reserved. The functions, or parts of functions,
conferred upon the President by the Act that are not assigned herein are
reserved to the President.
THE WHITE HOUSE,
January 4, 1965.
LYNDON B. JOHNSON.
/4/ 3 U.S.C.A. 301.
/5/ 47 U.S.C.A. 701 et seq.
/6/ 1962 U.S.Code Cong. & Adm.News, p. 4282.
Executive Order No. 11190, 29 F.R. 19183, December 31, 1964
By virtue of the authority vested in me by section 301 of title 3 of
the United States Code, /1/ and as President of the United States and
Commander in Chief of the Armed Forces of the United States, it is
ordered as follows:
Section 1. There is delegated to the Secretary of Defense (and to
the Secretary of the Treasury with regard to the United States Coast
Guard) the authority vested in the President by section 271 of title 10
of the United States Code /2/ to prescribe regulations for the screening
of units and members of the Ready Reserve of the Armed Forces.
Sec. 2. Executive Order No. 10651 of January 6, 1956, /3/ is
revoked.
THE WHITE HOUSE,
December 29, 1964.
LYNDON B. JOHNSON
/1/ 3 U.S.C.A. 301.
/2/ 10 U.S.C.A. 271.
/3/ 1956 U.S.Code Cong. & Adm.News, p. 4910.
Executive Order No. 11190, 29 F.R. 15893, November 23, 1964
THE WHITE HOUSE,
Washington, November 23, 1964.
DEAR MR. CHAIRMAN:
The procedures set forth in Section 5(i) of Executive Order No. 10501
/1/ with respect to the declassification of material shall have no
application to the Report of the President's Commission on the
Assassination of President Kennedy and the exhibit volumes thereto.
This letter shall be published in the FEDERAL REGISTER.
Sincerely,
LYNDON B. JOHNSON
HONORABLE EARL WARREN,
Chairman,
President's Commission on the Assassination of President Kennedy.
200 Maryland Avenue NE.,
Washington, D.C.
/1/ 50 U.S.C.A. 401 note.
Executive Order No. 11189, 29 F.R. 15855, November 23, 1964
By virtue of the authority vested in me by subsection (g) of section
303 of the Government Employees Salary Reform Act of 1964, /10/ and as
President of the United States, it is ordered as follows:
SECTION 1. The following offices and positions are placed in level
IV of the Federal Executive Salary Schedule:
(1) Director, Community Relations Service.
(2) Chairman, Equal Employment Opportunity Commission.
(3) Director, Bureau of Intelligence and Research, Department of
State.
(4) United States Attorney for the Southern District of New York.
(5) United States Attorney for the District of Columbia.
SEC. 2. The following offices and positions are placed in level V of
the Federal Executive Salary Schedule:
(1) Assistant General Managers, Atomic Energy Commission (2).
(2) Members, Equal Employment Opportunity Commission (4).
(3) National Export Expansion Coordinator, Department of Commerce.
(4) Special Assistant to the Secretary of Defense.
(5) Associate Director (Policy and Plans), United States Information
Agency.
(6) Chief Benefits Director, Veterans Administration.
(7) Director of International Scientific Affairs, Department of
State.
(8) United States Attorney for the Northern District of Illinois.
(9) United States Attorney for the Southern District of California.
(10) Deputy Director, National Security Agency.
(11) Director, National Park Service, Department of the Interior.
(12) Director, Bureau of Land Management, Department of the Interior.
(13 Administrator, Wage and Hour and Public Contracts Divisions,
Department of Labor.
(14) Commissioner of Labor Statistics, Department of Labor.
SEC. 3. This order shall be effective August 15, 1964.
THE WHITE HOUSE,
November 23, 1964.
LYNDON B. JOHNSON
/10/ 5 U.S.C.A 2211(g).
Executive Order No. 11188, 29 F.R. 15559, November 17, 1964
By virtue of the authority vested in me by the Universal Military
Training and Service Act (62 Stat. 604), as amended, /6/ I hereby
prescribe the following amendments of the Selective Service Regulations
prescribed by Executive Orders No. 9988 of August 20, 1948, No. 10292 of
September 25, 1951, No. 10363 of June 17, 1952, No. 10650 of January 6,
1956, No. 10659 of February 15, 1956, No. 10714 of June 13, 1957, No.
10809 of March 19, 1959, No. 10837 of September 14, 1959, No. 10984 of
January 5, 1962, and No. 11098 of March 14, 1963, and constituting
portions of Chapter XVI of Title 32 of the Code of Federal Regualtions:
1. (a) Subparagraphs (1), (2), (5), and (7) of paragraphs (b) of
section 1611.2 of Part 1611, Duty and Responsibility to Register, are
amended to read as follows:
"(1) He is a full-time official or employee of a foreign government,
or a member of the immediate family or service staff of such official or
employee, who has the status of a nonimmigrant under the provisions of
section 101(a)(15)(A) of the Immigration and Nationality Act, /7/ and
who has been notified to the Department of State;
"(2) He is a representative to, or a full-time official or employee
of, a public international organization, or a member of the immediate
family or service staff of such representative, official or employee,
who has the status of a nonimmigrant under the provisions of section
101(a)(15)(G) of the Immigration and Nationality Act;"
"(5) He is a person who is within the United States temporarily under
the provisions of section 101(a)(15)(J) of the Immigration and
Nationality Act for the purpose of participating in a program designed
by the Secretary of State pursuant to the provisions of the Mutual
Educational and Cultural Exchange Act of 1961, as amended, and continues
to pursue such purpose, or is the spouse or a minor child of any such
person;"
"(7) He is a person who has entered the United States temporarily as
a nonimmigrant under the provisions of section 101(a)(15)(F) of the
Immigration and Nationality Act solely for the purpose of pursuing a
full course of study at an established institution of learning or other
recognized place of study in the United States, particularly designated
by him and approved by the Attorney General after consultation with the
Office of Education of the United States, and continues to pursue such
purpose to the satisfaction of the Attorney General, or is the spouse or
a minor child of any such person;"
(b) Paragraph (d) of section 1611.2 of Part 1611 is amended to read
as follows:
"(d) Each alien who is in the category described in subparagraph (5)
of paragraph (b) of this section must have in his possession and
available for examination a visa or other official document issued to
him by a diplomatic, consular, or immigration officer of the United
States evidencing that he is within the United States pursuant to the
provisions of section 101(a) (15) (J) of the Immigration and Nationality
Act."
2. Section 1621.16 of Part 1621, Preparation for Classification, is
amended to read as follows:
"Sec. 1621.16 Permit to depart from the United States.
"The Director of Selective Service, the State Director of Selective
Service, or the local board may issue to a registrant a permit to depart
from the continental United States, the State of Alaska, the State of
Hawaii, Puerto Rico, the Virgin Islands, Guam, or the Canal Zone to any
place which is not within any of those areas whenever the registrant's
absence is not likely to interfere with the performance of his
obligations under the University Military Training and Service Act, as
amended. Such permit shall be issued by the completion of a Permit for
Registrant to Depart from the United States (SSS Form No. 300)."
3. (a) Paragraph (a) of section 1622.1 of Part 1622, Classification
Rules and Principles, is amended to read as follows:
"(a) The Universal Military Training and Service Act, as amended,
provides that every male citizen of the United States, every male alien
admitted to the United States for permanent residence, and every male
alien who has remained in the United States in a status other than that
of permanent resident for a period exceeding one year, who is between
the ages of 18 years and 6 months and 26 years, shall be liable for
training and service in the Armed Forces of the United States, and that
persons who on June 19, 1951, or thereafter were deferred under the
provisions of section 6(c)(2)(A) of such Act /8/ that were in effect
prior to September 3, 1963, shall remain liable for training and service
until they attain the age of 28, and that persons who on June 19, 1951,
were, or thereafter are, deferred under any other provision of section 6
of such Act shall remain liable for training and service until they
attain the age of 35. Certain exemptions and deferments are
specifically provided; others are authorized to be provided by
regulations promulgated by the President."
(b) Section 1622.2 of Part 1622 is amended by deleting from the list
of classes appearing therein "Class I-Y: Registrant qualified for
military service only in time of war or national emergency." and
inserting in lieu thereof "Class I-Y: Registrant not eligible for a
lower class who would be qualified for military service in time of war
or national emergency.".
(c) Paragraphs (a), (b), (e), and (f) of section 1622.13 of Part 1622
are amended to read as follows:
"(a) In Class I-D shall be placed any registrant who prior to
attaining the age of 18 years and 6 months, and prior to September 3,
1963, became by enlistment or appointment a member of an organized unit
of the Army National Guard or the Air National Guard. Such registrant
shall remain eligible for Class I-D so long as he continues to serve
satisfactorily as such member or as a member of another reserve
component, the Army National Guard, or the Air National Guard, as the
case may be.
"(b) In Class I-D shall be placed any registrant who (1) has been
selected for enrollment or continuance in the senior division, Reserve
Officers' Training Corps, or the Air Reserve Officers' Training Corps,
or the Naval Reserve Officers' Training Corps, or the Naval and Marine
Corps officer candidate training program, or the Reserve officers'
candidate program of the Navy, or the platoon leader's class of the
Marine Corps, or the officer procurement programs of the Coast Guard and
the Coast Guard Reserve, or is appointed an ensign, United States Naval
Reserve, while undergoing professional training;
(2) has agreed, in writing, to accept a commission, if tendered, and to
serve subject to order of the Secretary of the military department
having jurisdiction over him (or the Secretary of the Treasury with
respect to the United States Coast Guard), not less than two years on
active duty after receipt of a commission; and (3) has agreed to remain
a member of a regular or reserve component until the sixth anniversary
of his receipt of a commission. Such registrant shall remain eligible
for Class I-D until completion or termination of the course of
instruction and so long thereafter as he continues in a reserve status
upon being commissioned except during any period he is eligible for
Class I-C under the provisions of section 1622.12."
"(e) In Class I-D shall be placed any registrant who prior to August
1, 1963, enlisted for a period of eight years in a unit of the Ready
Reserve of any reserve component of the Armed Forces under the
provisions of section 262 of the Armed Forces Reserve Act of 1952, as
amended. /9/ Such registrant shall remain eligible for Class I-D so
long as he continues to serve satisfactorily, as determined under
regulations prescribed by the Secretary of the department concerned, as
a member of such reserve component or of another reserve component, the
Army National Guard, or the Air National Guard, as the case may be.
"(f) In Class I-D shall be placed any registrant, other than a
registrant referred to in paragraph (b) or (g) of this section, who
prior to attaining the age of 26 years and prior to the issuance of
orders for him to report for induction, enlists or accepts appointment
on or after September 3, 1963, in the Ready Reserve of any reserve
component of the Armed Forces, the Army National Guard, or the Air
National Guard. Such registrant shall remain eligible for Class I-D so
long as he serves satisfactorily as a member of an organized unit of
such Ready Reserve or National Guard, or satisfactorily performs such
other Ready Reserve service as may be prescribed by the Secretary of
Defense, or serves satisfactorily as a member of another reserve
component, the Army National Guard, or the Air National Guard, as the
case may be."
(d) Section 1622.17 of Part 1622 is amended to read as follows:
"Sec. 1622.17. Class I-Y: Registrant not eligible for a lower class
who would be qualified for military service in time of war or national
emergency.
"In Class I-Y shall be placed any registrant who, under the
provisions of section 1623.2 of this chapter, is not eligible for a
lower class, and would be classified in Class I-A, Class I-A-O, or Class
I-O but for the fact that he is found under applicable physical, mental,
and moral standards to be not currently qualified for service in the
Armed Forces and who would be qualified for such service in time of war
or national emergency declared by the Congress."
(e)(1) Subparagraphs (1), (5), (6), (7), and (8) of paragraph (a) of
section 1622.40 of Part 1622 are amended to read as follows:
"(1) A registrant who subsequent to September 16, 1940, was
discharged or transferred to a reserve component of the Armed Forces for
the convenience of the Government after having served honorably on
active duty for a period of not less than six months in the Army, the
Air Force, the Navy, the Marine Corps, or the Coast Guard."
"(5) A registrant who after becoming a member of a unit of the Ready
Reserve of a reserve component of the Armed Forces by enlistment prior
to August 1, 1963, under the provisions of section 262 of the Armed
Forces Reserve Act of 1952, as amended, has continued to serve
satisfactorily as such member or as a member of another reserve
component, the Army National Guard, or the Air National Guard, as the
case may be, and who has completed eight years of such satisfactory
service during which he has performed an initial period of active duty
for training of not less than three months.
"(6) A registrant who after becoming a member of an organized unit of
the Army National Guard or the Air National Guard by enlistment or
appointment prior to attaining the age of 18 years and 6 months and
prior to September 3, 1963, has continued to serve satisfactorily as
such member or as a member of another reserve component, the Army
National Guard, or the Air National Guard, as the case may be, and who
has completed eight years of such satisfactory service during which he
has performed active duty for training with an armed force for not less
than three consecutive months.
"(7) A registrant who after becoming a member of the Ready Reserve of
any reserve component of the Armed Forces, the Army National Guard, or
the Air National Guard by enlistment or appointment on or after
September 3, 1963, and prior to attaining the age of 26 years, has
served satisfactorily as such member or as a member of another reserve
component, the Army National Guard, or the Air National Guard, as the
case may be, and who has completed six years (or eight years if so
obligated under the provision of section 6(d)(1) of the Universal
Military Training and Service Act, as amended) of such satisfactory
service during which he has performed active duty for training with an
armed force for not less than four consecutive months.
"(8) A registrant who after completion of six years of satisfactory
service as a member of one or more reserve components of the Armed
Forces has ceased to be a member of any reserve component of the Armed
Forces."
(2) Subparagraph (9) of paragraph (a) of section 1622.40 is
redesignated as subparagraph (10) and amended to read as follows:
"(10) A registrant who is the sole surviving son of a family of which
the father or one or more sons or daughters were killed in action or
died in line of duty while serving in the Armed Forces of the United
States, or subsequently died as a result of injuries received or disease
incurred during such service: Provided, That no registrant shall be
placed or retained in Class IV-A under the provisions of this
subparagraph (i) if he volunteers for induction, or (ii) during the
period of a war or national emergency declared by the Congress after
July 7, 1964."
(3) A new subparagraph (9) is added to paragraph (a) of section
1622.4 to read as follows:
"(9) A registrant, other than a registrant referred to in
subparagraph (5) or (6) of this paragraph, who has completed six years
of satisfactory service as a member of one or more of the Armed Forces
including the reserve components thereof."
(f) Paragraph (a) of section 1622.44 of Part 1622 is amended to read
as follows:
"(a) In Class IV-F shall be placed any registrant who is found under
applicable physical, mental, and moral standards to be not qualified for
any service in the Armed Forces either currently or in time of war or
national emergency declared by the Congress."
(g) Paragraph (b) of section 1622.50 of Part 1622 is amended to read
as follows:
"(b) In Class V-A shall be placed every registrant who has attained
the twenty-eighth anniversary of the day of his birth except (1) those
registrants who are in active military service in the Armed Forces and
are in Class I-C, (2) those registrants who are performing civilian work
contributing to the maintenance of the national health, safety, or
interest in accordance with the order of the local board and are in
Class I-W, (3) those registrants who have consented to induction, and
(4) those registrants who on June 19, 1951, or at any time thereafter,
were deferred under any provisions of section 6 of the Universal
Military Training and Service Act, as amended, other than the provisions
of subsection (c)(2)(A) of such section which were in effect prior to
September 3, 1963.
Except as is otherwise provided in this paragraph, registrants who prior
to attaining the twenty-eighth anniversary of the day of their birth
have been classified in some other class shall, as soon as practicable
after attaining the twenty-eighth anniversary of the day of their birth,
be reclassified into Class V-A."
4. Paragraph (b) of section 1623.1 of Part 1623, Classification
Procedure, is amended by striking out "he has been separated from the
armed forces of the United States and the local board determines that he
may be classified properly without requiring him to complete and return
a Classification Questionnaire (SSS Form No. 100), or (3)".
5. Paragraph (a) of section 1624.1 of Part 1624, Appearance Before
Local Board, is amended to read as follows:
"(a) Every registrant after his classification is determined by the
local board, except a classification which is determined upon an
appearance before the local board under the provisions of this part,
shall have an opportunity to appear in person before the member or
members of the local board designated for the purpose if he files a
written request therefor within 10 days after the local board has mailed
a Notice of Classification (SSS Form No. 110) to him. Such 10-day
period may not be extended."
6. Section 1627.3 of Part 1627, Appeal to the President, is amended
to read as follows:
"Sec. 1627.3 Appeal to President.
"When a registrant has been classified by the appeal board and one or
more members of the appeal board dissented from that classification, the
registrant, any person who claims to be a dependent of the registrant,
or any person who prior to the classification appealed from filed a
written request for the current occupational deferment of the registrant
may appeal to the President within 10 days after the mailing by the
local board of the Notice of Classification (SSS Form No. 110) notifying
the registrant of this classification by the appeal board. The local
board may permit any person who is entitled to appeal to the President
under this section to do so, even though the 10-day period for taking an
appeal has elapsed, if it is satisfied that the failure of such person
to appeal within such 10-day period was due to a lack of understanding
of the right to appeal or to some other cause beyond the control of such
person."
7. Paragraph (b) of section 1630.4 of Part 1630, Volunteers, is
amended by adding the word "or" after the semicolon at the end thereof,
paragraph (c) of section 1630.4 is revoked, and paragraph (d) is
redesignated as paragraph (c).
8. Paragraph (a) of section 1631.8 of Part 1631, Quotas and Calls,
is amended to read as follows:
"(a) Notwithstanding any other provision of the regulations in this
chapter, any registrant enlisted or appointed after October 4, 1961, in
the Ready Reserve of any reserve component of the Armed Forces (other
than under section 511(b) of title 10, United States Code), the Army
National Guard, or the Air National Guard, prior to attaining the age of
26 years, or any registrant enlisted or appointed in the Army National
Guard or the Air National Guard prior to attaining the age of 18 years
and 6 months and prior to September 3, 1963, and deferred under the
provisions of section 6(c)(2)(A) of the Universal Military Training and
Service Act, as amended, which were in effect prior to September 3,
1963, or any registrant enlisted in the Ready Reserve of any reserve
component of the Armed Forces prior to attaining the age of 18 years and
6 months and prior to August 1, 1963, and deferred under section 262 of
the Armed Forces Reserve Act of 1952, as amended, who fails to serve
satisfactorily during his obligated period of service as a member of
such Ready Reserve or National Guard or the Ready Reserve of another
reserve component or the National Guard of which he becomes a member as
certified by the respective armed force, shall be ordered to report for
induction by the local board regardless of the class in which he is
classified and without changing his classification. Any registrant who
is ordered to report for induction under this paragraph shall be
forwarded for induction at the next time the local board is forwarding
other registrants for induction or at any prior time when special
arrangements have been made with the induction station, without any
calls being made for the delivery of such registrants.
Whenever the local board desires to deliver such a registrant specially,
it shall request the State Director of Selective Service to make the
special arrangements for the time and place at which the registrant may
be delivered for induction."
9. Sections 1642.12 and 1642.13 of Part 1642, Delinquents, are
amended to read as follows:
"Sec. 1642.12 Classification of delinquent registrant.
"Any delinquent registrant between the ages of 18 years and 6 months
and 26 years and any delinquent registrant between the ages of 26 and 28
who was deferred under the provisions of section 6(c)(2)(A) of the
Universal Military Training and Service Act, as amended, which were in
effect prior to September 3, 1963, and any delinquent registrant between
the ages of 26 and 35 who on June 19, 1951, was, or thereafter has been
or may be, deferred under any other provision of section 6 of such Act,
including the provisions of subsection (c)(2)(A) in effect on and after
September 3, 1963, may be classified in or reclassified into Class I-A
or Class I-A-O, whichever is applicable, regardless of other
circumstances: Provided, That a delinquent registrant who by reason of
his service in the Armed Forces is eligible for classification into
Class I-A or Class I-A-O under this section unless such action is
specifically authorized by the Director of Selective Service.
Sec. 1642.13 Certain delinquents to be ordered to report for
induction.
"The local board shall order each delinquent registrant between the
ages of 18 years and 6 months and 26 years and each delinquent
registrant between the ages of 26 and 28 who was deferred under the
provisions of section 6(c) (2) (A) of the Universal Military Training
and Service Act, as amended, which were in effect prior to September 3,
1963, and each delinquent registrant between the ages of 26 and 35 who
on June 19, 1951, was, or thereafter has been or may be, deferred under
any other provisions of section 6 of such Act, including the provisions
of subsection (c)(2)(A) in effect on and after September 3, 1963, who is
classified in or reclassified into Class I-A or Class I-A-O to report
for induction in the manner provided in section 1631.7 of this chapter
unless (a) it has already done so, or (b) pursuant to a written request
of the United States Attorney, the local board determines not to order
such registrant to report for induction."
10. Part 1680. Selection of Certain Persons Who Have Critical
Skills for Enlistment in Units of the Ready Reserve of the Armed Forces,
is revoked.
THE WHITE HOUSE,
November 17, 1964.
LYNDON B. JOHNSON
/6/ 50 U.S.C.A.App. 451 et seq.
/7/ 8 U.S.C.A. 1101.
/8/ 50 U.S.C.A.App. 456.
/9/ 50 U.S.C.A. 1013.
Executive Order No. 11187, 29 F.R. 14659, October 24, 1964
By virtue of the authority vested in me by section 2 of the Civil
Service Act (22 Stat. 403) /3/ and section 1753 of the Revised Statutes
of the United States (5 U.S.C. 631) /4/ and as President of the United
States, it is hereby ordered as follows:
SECTION 1(a). Except as provided by section 3 hereof, any employee
of the Postal Field Service who on the date of this order is serving in
a position in the competitive service under an indefinite appointment or
a temporary appointment may have his appointment converted to a career
appointment: Provided, that such employee--
(1) shall be recommended for appointment to a career position by his
appointing officer within one year after the date of this order;
(2) during each year of the three-year period ending on the date that
conversion of his appointment is recommended, shall have been paid for
at least 700 hours of satisfactory work in a position or positions in
the Postal Service;
(3) shall have passed a qualifying examination for a position in the
competitive service in which he served during such three-year period, or
shall meet such noncompetitive standards as the Civil Service Commission
shall prescribe with respect to the position held at the time of the
agency recommendation for conversion of his appointment.
(b) The conversion of the appointment of a substitute employee shall
be effected only as a career substitute vacancies are available, under
39 U.S.C. 3302, /5/ in the Postal Field Service.
SEC. 2. Any person who left a competitive position to enter the
armed forces of the United States who would meet the requirements of
section 1 except for absence in the armed forces on the date of this
order and who is re-employed in a competititve position in the Postal
Field Service within 120 days after discharge from the armed forces
under honorable conditions may have his appointment converted if he is
recommended by his appointing officer within ninety days after his
re-employment and qualifies in such examination as the Civil Service
Commission may prescribe.
SEC. 3. This order shall not apply to postmasters of rural carriers.
SEC. 4. The Civil Service Commission may prescribe such regulations
as may be necessary for carrying out the provisions of this order.
THE WHITE HOUSE,
October 24, 1964.
LYNDON B. JOHNSON
/3/ 5 U.S.C.A. 633.
/4/ 5 U.S.C.A. 631.
/5/ 39 U.S.C.A. 3302.
Executive Order No. 11186, 29 F.R. 14617, October 23, 1964
WHEREAS representatives of the Federal Government and of the
Governors of the States in the Appalachian region have been cooperating
in the preparation of plans and programs for the long-range development
of Appalachia; and
WHEREAS such plans have provided for coordinated action by Federal,
State, and local agencies in carrying out programs to further the
development of Appalachia and to facilitate and encourage private
investment in that area; and
WHEREAS the Governors of various State of the Appalachian region have
requested that such cooperation be continued; and
WHEREAS the proper discharge by the Federal Government of its
responsibilities to the people of the Appalachian region requires that
such cooperation be continued and that related planning activities of
the Federal Government be effectively coordinated:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is ordered as follows:
Section 1. Establishment of Committee. (a) There is hereby
established the Federal Development Planning Committee for Appalachia
(hereinafter referred to as the "Committee").
(b) The Committee shall be composed of the following: (1) a
Chairman, who shall be appointed by the President, (2) members, one of
whom shall be designated by and represent each of the following-named
officers, respectively: the Secretary of the Interior, the Secretary of
Agriculture, the Secretary of Commerce, the Secretary of Labor, the
Secretary of Health, Education, and Welfare, the Secretary of the Army,
the Housing and Home Finance Administrator, and the Director of the
Office of Economic Opportunity, and (3) a member who shall represent the
Tennessee Valley Authority and shall be designated by the board of
directors of the Authority.
(c) The Chairman may request any Federal agency head not referred to
in subsection (b), above, to designate a representative to participate
in meetings of the Committee concerned with matters of substantial
interest to such agency head.
Sec. 2. Functions of the Chairman. (a) The Chairman shall cooperate
with representatives designated by the Governors of States in the
Appalachian region in:
(1) Fostering surveys and studies to provide data required for the
preparation of plans and programs for the development of Appalachia;
(2) Preparing coordinated plans for the development of Appalachia
deemed appropriate to carry out existing statutory responsibilities of
Federal, State, or local agencies. Such plans shall be designed to
promote optimum benefits from the expenditure of Federal, State, and
local funds and to facilitate and promote private investment in the
development of Appalachia; and
(3) Preparing legislative and other recommendations with respect to
both short-range and long-range programs and projects for Federal,
State, or local agencies.
(b) With the approval of the agency head concerned the Chairman may
arrange for recommended surveys and studies to be made by any Federal
agency with respect to matters falling within the existing statutory
authorities and responsibilities of that agency.
Sec. 3. Functions of the Committee. The Committee shall:
(a) Advise the Chairman with respect to (1) surveys and studies
needed for the preparation of development plans, (2) the concrete
proposals for surveys and studies developed by the Chairman in
cooperation with the representatives of the Governors, and (3) desirable
development objectives and programs for the Appalachian region.
(b) Receive, review, and comment on all tentative development plans
or other tentative recommendations developed by the Chairman in
cooperation with the representatives of the Governors; and
(c) Receive and consider final plans and recommendations and transmit
them, with its own comments, to the President and the heads of
interested Federal agencies.
Sec. 4. Administrative arrangements. (a) If the Chairman of the
Committee does not concurrently hold other compensated office or
employment under the United States, he shall receive such compensation
under this order as shall be fixed in accordance with the standards and
procedures of the Classification Act of 1949, as amended.
(b) The Department of Commerce is hereby designated as the agency
which shall provide administrative services for the Committee and for
the Chairman.
(c) Each Federal agency the head of which is referred to in Section
1(b) of this order shall, as may be necessary, furnish assistance to the
Committee in accordance with the provisions of Section 214 of the Act of
May 3, 1945 (59 Stat. 134: 31 U.S.C. 691). /2/
(d) Each Federal agency shall, consonant with law and within the
limits of available funds, cooperate with the Committee and with the
Chairman in carrying out their functions under this order. Such
cooperation shall include, as may be appropriate, (1) furnishing
relevant available information, (2) making studies and preparing reports
pursuant to requests of the Chairman, (3) in connection with the
development of programs and priorities of the agency, giving full
consideration to any plans and recommendations for the development of
Appalachia, including recommendations made by the Committee, and (4)
advising on the work of the Committee as the Chairman may from time to
time request.
Sec. 5. Construction. Nothing in this order shall be construed as
subjecting any Federal agency, or any function vested by law in, or
assigned pursuant to law to, any Federal agency, to the authority of the
Committee or the Chairman, or as abrogating or restricting any such
function in any manner.
THE WHITE HOUSE,
October 23, 1964.
LYNDON B. JOHNSON
/2/ 31 U.S.C.A. 691.
Executive Order No. 11185, 29 F.R. 14399, October 16, 1964
WHEREAS sound public policy requires a continuing appraisal of the
relation of Federal educational activities to the educational needs and
goals of the Nation and to its educational systems and institutions;
and
WHEREAS the scope of, and program outlays for, Federal educational
activities have been expanded greatly and have a significant influence
on education in this country and on the American people; and
WHEREAS many Federal agencies are involved both directly and
indirectly in carrying on educational programs either as Federal
activities or in cooperation with State and local units of government;
and
WHEREAS closer coordination of Federal educational activities will
facilitate the resolution of common problems and otherwise promote
effective planning and management of such activities; and
WHEREAS, under the direction of the Secretary of Health, Education,
and Welfare (hereinafter referred to as the Secretary), the Office of
Education is directed by law to collect data on the progress of
education, provide information to aid in the maintenance of efficient
school systems, and otherwise promote the cause of education throughout
the country (14 Stat. 434; 20 U.S.C. 1): /1/
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is hereby ordered as follows:
Section 1. Functions of the Secretary of Health, Education, and
Welfare. The Secretary, with the assistance of the Commissioner of
Education (hereinafter referred to as the Commissioner), shall identify
the educational needs and goals of the Nation and from time to time
shall recommend to the President policies for promoting the progress of
education.
Sec. 2. Functions of the Commissioner of Education. Under the
direction of the Secretary, the Commissioner shall:
(a) study the current effects of Federal activities upon the
educational programs of State, local and nonprofit educational
institutions, assess future trends of such activities, and (taking into
consideration the relationship between education and policies in fields
such as manpower development, defense, military manpower, economic
growth, and science) develop recommendations for educational activities,
or for coordination of policies affecting such activities;
(b) exercise leadership in seeking timely resolution of differences
of opinion concerning policies or administrative practices with respect
to Federal educational activities affecting educational institutions;
(c) make appropriate arrangements for obtaining advice and
information, including establishment of ad hoc working groups to
consider special problems, and utilizing existing interagency machinery
wherever appropriate; and
(d) exercise initiative in obtaining pertinent and consistent data
permitting an overview of Federal educational activities.
Sec. 3. Agency responsibilities. The heads of Federal agencies, as
to their respective education related programs, shall:
(a) insofar as practicable, take such actions as may be necessary to
assure: (1) conformity of their programs with the educational goals and
policies of the Nation, as identified by the Secretary, and (2)
consistent administrative policies and practices among Federal agencies
in the conduct of similar programs;
(b) keep each other fully and currently informed in order to achieve
coordinated planning and prevent unnecessary duplication of activities;
(c) provide information requested by the Secretary or the
Commissioner on educational matters; and
(d) cooperate with the Secretary and the Commission in the conduct of
such studies and analyses as may be necessary to carry out the
responsibilities and duties assigned by this order. To this end the
heads of Federal agencies shall maintain information on current and
planned activities that can readily be analyzed in conjunction with
information on related activities or other Federal agencies.
Sec. 4. Establishment and functions of a Federal Interagency
Committee on Education. (a) There is hereby established a "Federal
Interagency Committee: on Education" (hereinafter referred to as the
"Committee").
(b) The Committee shall advise the Secretary, the Commissioner, and
the heads of Federal agencies in connection with the responsibilities
assigned to them by this order.
(c) The Committee shall be composed of the Commissioner, who shall be
the chairman, and one appropriate representative of each of the
following: the Department of State, the Department of Defense, the
Department of Agriculture, the Department of Labor, the National Science
Foundation, the Atomic Energy Commission, and the National Aeronautics
and Space Administration.
(d) The chairman may invite Federal agencies additional to those
which are represented on the Committee under the provisions of
subsection (c), above, to designate representatives to participate in
meetings of the Committee on matters of substantial interest to such
agencies which are to be considered by the Committee.
(e) The Director of the Bureau of the Budget, the Chairman of the
Council of Economic Advisers, and the Director of the Office of Science
and Technology may each designate a member of his staff to attend
meetings of the Committee as an observer.
(f) Each Federal agency which is represented on the Committee under
the provisions of subsection (c), above, including the Department of
Health, Education, and Welfare, shall furnish necessary assistance to
the Committee in accordance with Section 214 of the Act of May 3, 1945,
59 Stat. 134 (31 U.S.C. 691). /2/
Sec. 5. Construction. Nothing in this order shall be construed as
subjecting any Federal agency, or any function vested by law in, or
assigned pursuant to law to, any Federal agency, to the authority of any
other Federal agency, or as abrogating or restricting any such function
in any manner.
Sec. 6. Definition. Except as may be inconsistent with the
provisions of this order or otherwise inappropriate, the term "Federal
agency", as used herein, includes any department or other agency or
instrumentality (including officers) of the executive branch of the
Government of the United States.
THE WHITE HOUSE,
October 16, 1964.
LYNDON B. JOHNSON
/1/ 20 U.S.C.A. 1.
/2/ 31 U.S.C.A. 691.
EXECUTIVE ORDER NO. 11184, 29 F.R. 14155, OCTOBER 13, 1964
By virtue of the authority vested in me by Section 301 of title 3 of
the United States Code, /8/ and as President of the United States, it is
ordered that Executive Order No. 10530 of May 10, 1954, entitled
"Executive order providing for the performance of certain functions
vested in or subject to the approval of the President," as amended, /9/
be, and it is hereby, further amended:
(1) By inserting at the end of Section 1 thereof new subsections (x)
and (y), reading as follows:
"(x) The authority vested in the President by Section 6 of the Act of
August 20, 1964, P.L. 88-459, 78 Stat. 558, /10/ to issue regulations
governing the provision, occupancy, and availability of quarters and
facilities, the determination of rates and charges therefor, and other
related matters, as are necessary and appropriate to carry out the
provisions of that Act.
"(y) The authority vested in the President by the first section of
the Act of August 31, 1964, P.L. 88-538, 78 Stat. 745, /11/ to prescribe
regulations establishing the rates at which the allowance provided for
in that section will be paid (to employees of the United States assigned
to duty, other than temporary duty, on one of the California offshore
islands) and defining the areas and groups of positions to which such
rates shall apply."
(2) By inserting at the end of Section 4 thereof a new subsection
(g), reading as follows:
"(g) The authority vested in the President by Section 57 of the
Alaska Omnibus Act (added by the 1964 Amendments to the Alaska Omnibus
Act, P.L. 88-451, 78 Stat. 507), /12/ (1) to make the grants to the
State of Alaska provided for in that section, (2) to approve a plan
submitted by the State of Alaska for the implementation of the purpose
of that section, (3) to specify reports to be made by the agency
designated by the State of Alaska in accordance with that section and to
prescribe the form of, and information to be contained in, such reports,
and (4) to demand access to the records upon which such reports are
based."
THE WHITE HOUSE,
October 13, 1964.
LYNDON B. JOHNSON
/7/ 3 CFR, 1954-1958 Comp., p. 189; 19 F.R. 2709.
/8/ 3 U.S.C.A. 301.
/9/ 3 U.S.C.A. 301 note.
/10/ 5 U.S.C.A. 3126.
/11/ 5 U.S.C.A. 70c.
/12/ 48 U.S.C.A.prec. 21.
Executive Order No. 11183, 29 F.R. 13633, October 3, 1964
WHEREAS it is in the national interest that our future leaders in all
walks of life have opportunities to observe at firsthand the important
and challenging tasks of American Government; and
WHEREAS participation in Government service early in their careers
will help young persons with high qualifications to become well-informed
and public-spirited citizens; and
WHEREAS it is appropriate that public recognition be given to young
persons of exceptional promise who are willing to devote their time to
increasing their understanding of the public business:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is ordered as follows:
Section 1. Establishment of Commission. (a) There is hereby
established the President's Commission on White House Fellowships,
hereinafter referred to as the Commission. The Commission shall consist
of such outstanding citizens from the fields of public affairs,
education, the sciences, the professions, other fields of private
endeavor, and the Government service, as the President may from time to
time appoint. One of the members appointed from private life shall be
designated by the President to serve as Chairman of the Commission.
(b) Members of the Commission shall serve at the pleasure of the
President. Federal officials shall receive no additional compensation
by reason of their service on the Commission. Members appointed to the
Commission from private life shall serve without compensation.
Sec. 2. Functions of the Commission. (a) The Commission shall
prescribe such standards and procedures as may be necessary to enable it
to recommend annually a group of outstanding young persons from among
whom the President may select White House Fellows. Following
publication of such standards and procedures, the Commission may accept
(1), applications from individuals, and (2) nominations from non-Federal
sources, for consideration for its recommendation.
(b) The standards and procedures to be prescribed by the Commission
shall be so drawn as to limit the selection of White House Fellows to
persons who--
(1) Have demonstrated unusual ability, high moral character,
outstanding motivation, and a broad capacity for leadership;
(2) Show exceptional promise of future development;
(3) Are dedicated to the institutions of the United States and the
values of American civilization; and
(4) Will have attained the age of twenty-three but not the age of
thirty-six prior to the beginning of their service.
(c) White House Fellows shall be recommended by the Commission and
selected by the President without discrimination on the basis of sex,
race, color, creed, national origin, or political affiliation.
Sec. 3. White House Fellows. White House Fellows will be appointed
to serve for approximately fifteen months on the staff of the White
House Office, the Vice President's office, or the offices of the heads
of the ten executive departments, as they may be assigned, beginning on
or about June 1 of the year in which they are selected. White House
Fellows may, with the approval of the Commission, accept reasonable
fellowship stipends from private nonprofit organizations.
Sec. 4. Federal Agencies. (a) Consonant with law, each Federal
agency which may be represented on the Commission shall furnish
necessary assistance to the Commission as authorized by section 214 of
the Act of May 3, 1945, 59 Stat. 134 (31 U.S.C. 691). /6/
(b) The United States Civil Service Commission shall provide
administrative assistance for the Commission and, upon the request of
the Commission, shall assist in the conduct of the Commission's work.
THE WHITE HOUSE,
October 3, 1964.
LYNDON B. JOHNSON
/6/ 31 U.S.C.A. 691.
Executive Order No. 11182, 29 F.R. 13629, October 2, 1964
WHEREAS the Federal Reconstruction and Development Planning
Commission for Alaska has substantially completed the execution of those
of its functions which pertain to the reconstruction of the State of
Alaska following the earthquake of March 27, 1964; and
WHEREAS the Federal Government and the State of Alaska continue to
have a common interest in assuring the most effective use of Federal and
State programs and funds in advancing the long-range progress of the
State; and
WHEREAS such effective use is dependent upon coordination of Federal
and State programs which affect the general economic development of the
State and the long-range conservation and use of its natural resources
and upon cooperative Federal and State effort with respect to the
planning of such programs; and
WHEREAS the State of Alaska has established a State body the duties
of which include planning for the general economic development of the
State and the long-range conservation and use of its natural resources;
and
WHEREAS the authorities of the State of Alaska are desirous of
arranging coordinated and cooperative Federal and State approaches to
the planning and execution of such programs:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is ordered as follows:
Section 1. Establishment of Field Committee. (a) There is hereby
established the Federal Field Committee for Development Planning in
Alaska (hereinafter referred to as the "Field Committee").
(b) The Field Committee shall be composed of the following members:
(1) a Chairman, who shall be appointed by the President, (2) nine
members who shall be designated by and represent the following-named
officers, respectively: the Secretary of Defense, the Secretary of the
Interior, the Secretary of Agriculture, the Secretary of Commerce, the
Secretary of Labor, the Secretary of Health, Education, and Welfare, the
Housing and Home Finance Administrator, the Administrator of the Federal
Aviation Agency, and the Administrator of the Small Business
Administration, (3) one member who shall represent the Federal Power
Commission and shall be designated by the Chairman of that Commission,
and (4) two public members who shall be appointed by the President.
(c) The Chairman may request any head of a Federal agency who is not
referred to in subsection (b), above, to designate a representative to
participate in meetings of the Field Committee concerned with matters of
substantial interest to such Federal agency head.
(d) The principal place of business of the Field Committee shall be
located in the State of Alaska.
Sec. 2. Functions of the Field Committee. (a) Subject to the
general direction and guidance of the President's Review Committee for
Development Planning in Alaska (established by the provisions of Part II
of this order; hereinafter sometimes referred to as the "Review
Committee"), the Field Committee shall serve as the principal
instrumentality for developing coordinated plans for Federal programs
which contribute to economic and resources development in Alaska and for
recommending appropriate action by the Federal Government to carry out
such plans.
(b) The Field Committee shall cooperate with representatives
designated by the Governor of Alaska for purposes related to this order
in accomplishing the following:
(1) Making or fostering surveys and studies to provide data for the
development of plans and programs for economic and resources development
in Alaska.
(2) Preparing and keeping current coordinated plans for economic and
resources development in Alaska deemed appropriate to carry out existing
statutory responsibilities and policies of Federal, State, or local
agencies. Such plans shall be designed to promote optimum benefits from
the expenditures of Federal, State, and local funds for consistent
objectives and purposes.
(3) Preparing legislative and other recommendations with respect to
both short-range and long-range programs and projects for Federal,
State, or local agencies.
Sec. 3. Field Committee procedures. (a) The Field Committee shall
meet at the call of its Chairman.
(b) The Field Committee may prescribe such regulations relating to
the conduct of its affairs as it may deem to be necessary and not
inconsistent with the provisions of this order.
(c) The Field Committee may establish such subcommittees of that
Committee as may be necessary.
(d) Activities carried on by personnel employed by or detailed to the
Field Committee (1) shall be carried out in accordance with such
policies and programs as may be approved by the Field Committee, and (2)
shall be under the direction and supervision of the Chairman or, to such
extent as may be determined by the Chairman, under the direction of a
principal member of the Field Committee's staff.
(e) The Field Committee shall transmit copies of plans or
recommendations tentatively formulated by it to the Review Committee,
the heads of interested Federal agencies, and the Governor of Alaska,
for review and comment. The Field Committee shall consider any comments
received by it within 90 days in pursuance of such transmittal and may
revise the plans and recommendations as it may deem appropriate.
(f) The Field Committee shall transmit copies of its revised plans
and recommendations, together with copies of any comments with respect
to the tentative plans or recommendations received by the Field
Committee in pursuance of the provisions of subsection (d), above, to
the Governor of Alaska and to the Review Committee.
Sec. 4. Personnel; compensation. (a) The Chairman of the Field
Committee is authorized to appoint such personnel as may be necessary to
assist the Field Committee in connection with the performance of its
functions and to obtain services in accordance with the provisions of
Section 15 of the Act of August 2, 1946 (5 U.S.C. 55a). /2/
(b) The Chairman of the Field Committee shall receive such
compensation as shall be fixed in accordance with the standards and
procedures of the Classification Act of 1949, as amended. /3/
(c) Each member of the Field Committee appointed under the provisions
of Section 1(b)(4) hereof may receive compensation for each day he is
engaged in meetings of that Committee or is with the approval of the
Chairman of the Field Committee engaged in other work in pursuance of
the provisions of this order (5 U.S.C. 55a).
(d) Members and personnel of the Field Committee may be allowed
travel expenses and per diem in lieu of subsistence as authorized by
law.
Sec. 5. Financing; agency cooperation. (a) Each Federal agency the
head of which is referred to in Section 1(b) of this order shall, as may
be necessary, furnish assistance to the Field Committee in accordance
with the provisions of Section 214 of the Act of May 3, 1945 (59 Stat.
134; 31 U.S.C. 691). /4/ In general, each such Federal agency shall,
consonant with law, extend its cooperation to the Field Committee in
connection with the carrying out of the functions of the Field
Committee, including, as may be appropriate, (1) the furnishing of
relevant available information to the Field Committee, (2) the making of
studies and the preparation of reports in pursuance of requests of the
Field Committee, and (3) in connection with the development of programs
and priorities of the agency, the giving of full consideration to any
plans and recommendations made by the Field Committee.
(b) Federal agencies the heads of which are not referred to in
Section 1(b) of this order shall, to the extent permitted by law,
furnish the Field Committee such information or advice bearing upon the
work of the Field Committee as the Chairman thereof may from time to
time request.
Sec. 11. Establishment of Review Committee. (a) There is hereby
established the President's Review Committee for Development Planning in
Alaska (hereinafter referred to as the "Review Committee").
(b) The Review Committee shall be composed of the following members:
the Secretary of Commerce, who shall be the Chairman, the Secretary of
Defense, the Secretary of the Interior, the Secretary of Agriculture,
the Secretary of Labor, the Secretary of Health, Education, and Welfare,
the Housing and Home Finance Administrator, the Administrator of the
Federal Aviation Agency, the Administrator of the Small Business
Administration, the Chairman of the Federal Power Commission, and two
public members who shall be appointed by the President.
Each member of the Review Committee, other than a public member, may
designate an alternate to represent him at meetings of the Review
Committee which he is unable to attend.
(c) The Review Committee shall meet at least once each calendar year,
at the call of its Chairman.
(d) The Review Committee may prescribe such regulations relating to
the conduct of its affairs as it may deem to be necessary and not
inconsistent with the provisions of this order.
Sec. 12. Functions of the Review Committee. The Review Committee
shall provide general direction and guidance to the Field Committee;
receive review, and comment on the tentative plans or recommendations of
the Field Committee; and receive and consider the final plans and
recommendations of the Field Committee and transmit them, together with
its own comments, to the President and the heads of interested Federal
agencies.
Sec. 13. Compensation; travel expenses. (a) Each public member of
the Review Committee may receive compensation for each day he is
Chairman of the Review Committee engaged in other work in pursuance of
the provisions of this order (5 U.S.C. 55a).
(b) Members and personnel of the Review Committee may be allowed
travel expenses and per diem in lieu of subsistence as authorized by
law.
Sec. 14. Assistance by agencies. Each Federal agency the head of
which is referred to in Section 11(b) of this order shall, as may be
necessary, furnish assistance to the Review Committee in accordance with
the provisions of Section 214 of the Act of May 3, 1945 (59 Stat. 134;
31 U.S.C. 691).
Sec. 15. Administrative services. The Department of Commerce is
hereby designated as the agency which shall provide administrative
services for the Review Committee.
Sec. 31. Functions related to earthquake. The provisions of Section
41 hereof notwithstanding and so long as the President's declaration of
major disaster with respect to the earthquake which occurred in Alaska
on March 27, 1964, remains in effect, the Director of the Office of
Emergency Planning shall carry out the functions (heretofore assigned to
the Federal Reconstruction and Development Planning Commission for
Alaska by the provisions of Executive Order No. 11150 of April 2, 1964)
/5/ of developing coordinated plans for Federal programs which
contribute to reconstruction in Alaska and recommending appropriate
action by the Federal Government to carry out such plans.
Sec. 41. Termination of existing Commission. (a) Executive Order
No. 11150 of April 2, 1964 (29 F.R. 4789), is hereby revoked and the
Federal Reconstruction and Development Planning Commission for Alaska
established thereby is abolished.
(b) The Director of the Bureau of the Budget shall make such
arrangements related to the termination of the said Commission as he may
deem necessary. Without limiting the generality of the foregoing the
said Director is authorized, as he shall deem to be necessary or
appropriate, to assign to Federal agencies duties with respect to the
liquidation of the outstanding affairs of the Commission and to effect
or arrange the transfer of records, property, personnel, and funds of
the Commission to other Federal agencies.
(c) Nothing in this order shall preclude or limit the
transferability, pursuant to law, of unobligated balances of funds
appropriated for the Commission abolished by Section 41(a) of this order
(78 Stat. 209) or the use of such balances in connection with this
order.
Sec. 42. Construction. Nothing in this order shall be construed as
subjecting any Federal agency, or any function vested by law in, or
assigned pursuant to law to, any Federal agency, to the authority of any
other Federal agency, or as abrogating or restricting any such function
in any manner.
Sec. 43. Definition. Except as may be inconsistent with the
provisions of this order or otherwise inappropriate, the term "Federal
agency", as used herein, includes any department or other agency or
instrumentality of the executive branch of the Government of the United
States and any officer thereof (including the Field Committee and the
Review Committee).
THE WHITE HOUSE,
October 2, 1964.
LYNDON B. JOHNSON
/2/ 5 U.S.C.A. 55a.
/3/ 5 U.S.C.A. 944, 1071 et seq; 12 U.S.C.A. 1138f.
/4/ 31 U.S.C.A. 691.
/5/ 1964 U.S.Code Cong.and Adm.News, p. 4170.
Executive Order No. 11181, 29 F.R. 13557, September 30, 1964
WHEREAS, there exist certain labor disputes between employers (or
associations by which such employers are represented in collective
bargaining conferences) who are (1) steamship companies or who are
engaged as operators or agents for ships engaged in service from or to
Atlantic and Gulf Coast ports from Searsport, Maine, to Brownsville,
Texas, or from or to other ports of the United States or its territories
or possessions, (2) contracting stevedores, (3) contracting marine
carpenters, (4) lighterage operators, or (5) other employers engaged in
related or associated pier activities and certain of their employees
represented by the International Longshoremen's Association, AFL-CIO;
and
WHEREAS, such disputes have resulted in a threatened strike which if
permitted to occur, will, in my opinion, affect a substantial part of
the maritime industry, an industry engaged in trade, commerce,
transportation, transmission, or communication among the several States
and with foreign nations, and which threatened strike will, if permitted
to occur, imperil the national health and safety and affect the flow and
utilization of necessary perishable products, including food, for
heavily populated coastal, island, and insular areas;
NOW, THEREFORE, by virtue of the authority vested in me by Section
206 of the Labor-Management Relations Act, 1947 (61 Stat. 155; 29
U.S.C. 176), /1/ I hereby create a Board of Inquiry, consisting of
Honorable Herbert Schmertz, as Chairman, Honorable James J. Healthy, and
Honorable Theodore W. Kheel, as Members, whom I hereby appoint to
inquire into the issues involved in such disputes.
The Board shall have powers and duties as set forth in Title II of
such Act. The Board shall report to the President in accordance with
the provisions of Section 206 of such Act on or before Thursday, October
1, 1964.
Upon the submission of its report, the Board shall continue in
existence to perform such other functions as may be required under such
Act.
THE WHITE HOUSE,
September 30, 1964.
LYNDON B. JOHNSON
/1/ 29 U.S.C.A. 176.
Executive Order No. 11180, 29 F.R. 13365, September 24, 1964
WHEREAS disputes exist between the carriers represented by the
National Railway Labor Conference, designated in List A attached hereto
and made a part hereof, and certain of their employees represented by
the Brotherhood of Locomotive Firemen and Enginemen, a labor
organization; and
WHEREAS these disputes have not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS these disputes, in the judgment of the National Mediation
Board, threaten substantially to interrupt interstate commerce to a
degree such as to deprive the country of essential transportation
service:
NOW, THEREFORE, by virtue of the authority vested in me by Section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /7/ I hereby
create a board, to be appointed by me, to investigate these disputes.
No member of the board shall be pecuniarily or otherwise interested in
any organization of railroad employees or any carrier.
The board shall report its findings to the President with respect to
the disputes within thirty days from the date of this order.
As provided by Section 10 of the Railway Labor Act, as amended this
date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the carriers
represented by the National Railway Labor Conference, or by their
employees, in the conditions out of which the disputes arose.
Akron & Barberton Belt Railroad Company
Akron, Canton & Youngstown Railroad Company
Ann Arbor Railroad Company
Baltimore and Ohio Railroad Company
Buffalo Division
Baltimore and Ohio Chicago Terminal Railroad Company
Curtis Bay Railroad Company
Staten Island Rapid Transit Railway Company
Strouds Creek and Muddlety Railroad Company
Bangor and Aroostook Railroad Company
Bessamer and Lake Erie Railroad
Boston and Maine Railroad
Buffalo Creek Railroad
Bush Terminal Railroad Company
Canadian National Railways, Great Lakes and St. Lawrence Regions--
Lines in the United States
Central Railroad Company of New Jersey
New York & Long Branch Railroad Company
Central Vermont Railway, Inc.
Cincinnati Union Terminal Company
Delaware and Hudson Railroad Corporation
Detroit and Toledo Shore Line Railroad Company
Detroit, Toledo and Ironton Railroad Company
Erie-Lackawanna Railroad
Grand Trunk Western Railroad
Indianapolis Union Railway Company
Lehigh and Hudson River Railway Company
Lehigh Valley Railroad
Maine Central Railroad Company
Portland Terminal Company
Monon Railroad
Monongahela Railway Company
Montour Railroad Company
NEW YORK CENTRAL SYSTEM
New York Central Railroad Company
Chicago River & Indiana Railroad
Cleveland Union Terminals Company
Indiana Harbor Belt Railroad
Pittsburgh & Lake Erie Railroad, including Lake Erie & Eastern
Railroad
New York, Chicago and St. Louis Railroad Company
/8/ New York, New Haven & Hartford Railroad Company
New York, Susquehanna & Western Railroad
Pennsylvania Railroad
Baltimore & Eastern Railroad Company
Pennsylvania-Reading Seashore Lines
Pittsburgh & West Virginia Railway Company
Pittsburgh, Chartiers & Youghiogheny Railroad Company
Reading Company
Toledo Terminal Railroad Company
Union Freight Railroad
Washington Terminal Company
Western Maryland Railway Company
Youngstown and Northern Railroad Company
Alton and Southern Railroad
Bauxite and Northern Railway Company
Atchison, Topeka and Santa Fe Railway Company
Gulf, Colorado and Santa Fe Railway Company
Panhandle and Santa Fe Railway Company
Belt Railway Company of Chicago
Butte, Anaconda & Pacific Railway
Camas Prairie Railroad
Chicago & Eastern Illinois Railroad
Chicago & Illinois Midland Railway Company
Chicago and North Western Railway Company
Chicago & Western Indiana Railroad
Chicago, Burlington & Quincy Railroad Company
Chicago Great Western Railway, including South St. Paul Terminal
Chicago, Milwaukee, St. Paul and Pacific Railroad
Chicago, Rock Island and Pacific Railroad
Chicago Short Line Railway Company
Chicago, West Pullman & Southern Railroad
Colorado and Southern Railway Company
Danvenport, Rock Island and North Western Railway Company
Denver and Rio Grande Western Railroad Company
Des Moines Union Railway Company
Duluth, Winnipeg & Pacific Railway
East St. Louis Junction Railroad
Elgin, Joliet & Eastern Railway
Fort Worth and Denver Railway Company
Fort Worth Belt Railway Company
Galveston, Houston and Henderson Railroad Company
Great Northern Railway Company
Green Bay and Western Railroad
Kewaunee, Green Bay and Western Railroad
Houston Belt & Terminal Railway Company
Illinois Central Railroad Company
Illinois Northern Railway
Illinois Terminal Railroad Company
Joint Texas Division of the CRI&P Railroad and Ft. W&D Railway
Kansas City Southern Railway Company
Kansas City Terminal Railway Company
Kansas, Oklahoma & Gulf Railway
Midland Valley Railroad Company
King Street Passenger Station
Lake Superior & Ishpeming Railroad Company
Lake Superior Terminal & Transfer Railway
Longview, Portland & Northern Railway Company
Los Angeles Junction Railway Company
Louisiana & Arkansas Railway Company (L&A and Texas Districts)
Manufacturers Railway Company
Memphis Union Station Company
Minneapolis, Northfield and Southern Railway
Minnesota, Dakota and Western Railway Company
Minnesota Transfer Railway Company
Missouri-Kansas-Texas
Missouri Pacific Railroad Company
Missouri-Illinois Railroad Company
Northern Pacific Railway
Northern Pacific Terminal Company of Oregon
Northwestern Pacific Railroad Company
Ogden Union Railway and Depot Company
Oregon, California and Eastern Railway Company
Pacific Coast Railroad Company
Peoria and Pekin Union Railway Company
Port Terminal Railroad Association
St. Joseph Terminal Railroad Company
St. Louis-San Francisco Railway Company
St. Louis Southwestern Railway Company
Saint Paul Union Depot Company
Sioux City Terminal Railway Company
Soo Line Railway Company
South Omaha Terminal Railway Company
Southern Pacific Company (Pacific Lines)
(Former El Paso & Southwestern System)
Southern Pacific Company (Texas and Louisiana Lines)
Spokane International Railroad
Spokane, Portland and Seattle Railway Company
Oregon Trunk Railway
Oregon Electric Railway Company
Terminal Railroad Association of St. Louis
Texas and Pacific Railway Company
Texas-New Mexico Railway Company
Texas Mexican Railway Company
Toledo, Peoria & Western Railroad Company
Union Pacific Railroad
Union Railway Company (Memphis)
Union Terminal Railway Company
St. Joseph Belt Railway Company
Union Terminal Company (Dallas)
Wabash Railroad (Lines West of Detroit and Toledo)
Wabash Railroad (Lines East of Detroit)
Western Pacific Railroad Company
Wichita Terminal Association
Atlanta & West Point Railroad Company
Western Railway of Alabama
Atlanta Joint Terminals
Atlantic Coast Line Railroad
Birmingham Southern Railroad
Chesapeake & Ohio Railway
Clinchfield Railroad
Gulf, Mobile & Ohio Railroad
Jacksonville Terminal
Kentucky & Indiana Terminal
Louisville & Nashville Railroad
Norfolk & Portsmouth Belt Line
Norfolk & Western Railway
Norfolk Southern Railway
Seaboard Air Line Railway
THE WHITE HOUSE,
September 24, 1964.
LYNDON B. JOHNSON
/7/ 45 U.S.C.A. 160.
/8/ Subject to approval of the courts.
Executive Order No. 11179, 29 F.R. 13239, September 22, 1964
By virtue of the authority vested in me by the Constitution and
statutes of the United States, including Sections 703(a) and 710(e) of
the Defense Production Act of 1950, as amended (50 U.S.C.App. 2153(a);
2160(e)), /5/ and as President of the United States, it is hereby
ordered as follows:
Section 1. There shall be in the Executive Branch of the Government
a National Defense Executive Reserve composed of persons selected from
various segments of the civilian economy and from government for
training for employment in executive positions in the Federal Government
in the event of the occurrence of an emergency that requires such
employment.
Sec. 2. The Director of the Office of Emergency Planning
(hereinafter referred to as the Director) shall administer the Executive
Reserve program; coordinate the activities of other agencies in
establishing units of the Reserve; provide for appropriate standards of
recruitment and training; approve prospective members of the Executive
Reserve; and issue necessary rules and regulations in connection with
the program.
Sec. 3. The Director, in carrying out his responsibilities under
this order, may utilize the services of other departments and agencies
in the maintenance of agency and centralized rosters and in the
development of training programs and materials.
Sec. 4. (a) The head of any department or agency of the Government
(hereinafter referred to as a Secretary), designated by the Director
after appropriate consultation, may establish a unit of the Executive
Reserve (hereinafter referred to as Executive Reserve Units) in his
respective department or agency.
(b) Executive Reserve Units existing under Executive Order No. 10660
of February 15, 1956, as amended, /6/ on the date of this order shall
henceforth be deemed to be Executive Reserve Units under this order.
Sec. 5. Membership in Executive Reserve Units shall be subject to
the following:
(1) Subject to the provisions of this order, particularly paragraph
(4) of this section, an individual who on the date of this order was a
member of an Executive Reserve Unit under Executive Order No. 10660 may
continue to serve therein without further designation.
(2) A Secretary desiring to designate an individual to serve as a
member of an Executive Reserve Unit of his department or agency shall
submit the name of the prospective designee to the Director for
approval. Upon approval of the prospective designee by the Director,
the Secretary concerned may designate the individual as a member of the
Executive Reserve Unit of his department or agency.
(3) An individual whose membership in an Executive Reserve Unit has
at any time expired, or is at any time about to expire, under the terms
of this order may be redesignated as a member under the procedure set
forth in paragraph (2) of this section.
(4) Without limiting the authority of the respective Secretaries to
terminate the membership of any individual in an Executive Reserve Unit
at any time, it is directed that continued service of a member under
paragraph (1) of this section, and the designation or redesignation of a
member under paragraph (2) or (3) of this section, respectively
(including any designation of an individual occurring at the expiration
of his continued service under paragraph (1)), shall be for a period not
to exceed three years.
Sec. 6. Activities of any person by reason of his continuance,
designation, or redesignation as an Executive Reservist under this order
shall not include acting or advising on any matter pending before any
department or agency but shall be limited to receiving training for
mobilization assignments under the Reserve program.
Sec. 7. The Director shall report to the President annually, and at
such other times as may be appropriate, on the status and operation of
the Executive Reserve program.
Sec. 8. Executive Order No. 10660 of February 15, 1956, entitled
"Providing for the Establishment of a National Defense Executive
Reserve," as amended, is hereby superseded.
THE WHITE HOUSE,
September 22, 1964.
LYNDON B. JOHNSON
/5/ 50 U.S.C.A.App. 2153(a), 2160(e).
/6/ 50 U.S.C.A.App. 2153 note.
Executive Order No. 11178, 29 F.R. 13133, September 18, 1964
NATIONAL FOREST; THE ADDITION OF LAND IN OKLAHOMA TO THE
OUACHITA NATIONAL FOREST; AND THE ADJUSTMENT OF THE
BOUNDARY OF THE TOMBIGBEE NATIONAL FOREST, MISSISSIPPI
WHEREAS it is in the public interest to transfer to the Oconee
National Forest, Georgia, certain lands which were included within the
Chattahoochee National Forest, Georgia, by Proclamation No. 2263 of
December 7, 1937 (51 Stat. 404); and
WHEREAS certain public lands acquired under authority of Title III of
the Bankhead-Jones Farm Tenant Act, as amended (7 U.S.C. 1010-1012), /1/
are suitable for national forest purposes and can be most efficiently
administered as part of the Hoosier National Forest, Indiana; and
WHEREAS certain lands comprising a part of the McCurtain County Land
Utilization Project, Oklahoma, were inadvertently omitted from the land
description contained in Executive Order No. 10851 of November 27, 1959,
/2/ which was designed to transfer all lands comprising the project to
the Ouachita National Forest, Oklahoma; and
WHEREAS it is in the public interest that those omitted lands be
included in the Ouachita National Forest; and
WHEREAS certain minor overlaps and voids exist between portions of
the boundaries of the Noxubee National Wildlife Refuge, Mississippi, and
the Tombigbee National Forest, Mississippi; and
WHEREAS the lands in those voids are public lands acquired under
authority of Title III of the Bankhead-Jones Farm Tenant Act, as amended
(7 U.S.C. 1010-1012), and are suitable for national forest purposes;
and
WHEREAS it is in the public interest that the lands in the voids be
added to the Tombigbee National Forest and the lands in the overlaps be
excluded therefrom so that the boundary of the Forest coincides with the
boundary of the Noxubee National Wildlife Refuge:
NOW, THEREFORE, by virtue of the authority vested in me by Section 24
of the Act of March 3, 1891 (26 Stat. 1103), as amended (16 U.S.C. 471),
/3/ and the Act of June 4, 1897 (30 Stat. 34, 36; 16 U.S.C.A 473), /4/
and upon the recommendation of the Secretary of Agriculture, it is
ordered that--
(1) The lands described in Proclamation No. 2263 of December 7, 1937,
and shown by diagram attached thereto, are hereby excluded from the
Chattahoochee National Forest, Georgia, and transferred to and made a
part of the Oconee National Forest, Georgia.
(2) Lands comprising the N 1/2 SW 1/4 of Section 31, T. 3 N., R. 1
W., 2nd Principal Meridian, are, subject to valid existing rights,
hereby added to and made a part of the Hoosier National Forest, Indiana.
(3) Lands comprising fractional sections 22, 27, and 34, T. 7 S., R.
27 E., Indian Meridian, are, subject to valid existing rights, hereby
added to and made a part of the Ouachita National Forest, Oklahoma.
(4) (A) The following-described lands are hereby excluded from the
Tombigbee National Forest, Mississippi:
T. 16 N., R. 13 E.,
Sec. 23, that part lying south and east of the
Louisville-Starkville Road which is east of the Betheden Road;
Sec. 26, those parts of the W 1/2 lying east of the Betheden
Road.
T. 16 N., R. 14 E.,
Sec. 8, that part lying south and east of the
Louisville-Starkville Road.
(B) The following-described lands are, subject to valid
existing rights, hereby added to and made a part of the Tombigbee
National Forest:
T. 16 N., R. 13 E.,
Sec. 26, that part of the E 1/2 lying west of the Betheden
Road;
Sec. 35, that part lying west of the Betheden Road.
(5) Proclamation No. 2263 of December 7, 1937, is hereby
superseded.
THE WHITE HOUSE,
September 18, 1964.
LYNDON B. JOHNSON
/1/ 7 U.S.C.A. 1010-1012.
/2/ 1959 U.S.Code Cong. and Adm.News, p. 1124.
/3/ 16 U.S.C.A. 471.
/4/ 16 U.S.C.A. 473.
Executive Order No. 11177, 29 F.R. 13097, September 16, 1964
WHEREAS the treaty between the United States and Canada relating to
cooperative development of the water resources of the Columbia River
Basin (signed at Washington, D.C., on January 17, 1961; Executive C.
87th Congress, 1st Session) has come into force; and
WHEREAS Article XIV of such treaty (hereinafter referred to as the
Treaty) provides for the designation of certain entities which are
empowered and charged with the duty to formulate and carry out the
operating arrangements necessary to implement the Treaty, and authorizes
the United States of America to designate one or more of such entities;
and
WHEREAS Article XV of the Treaty authorizes the United States of
America to appoint two members of the Permanent Engineering Board
established by that Article:
NOW, THEREFORE, by virtue of the authority vested in me by the Treaty
and by the Constitution and statutes, and as President of the United
States, it is hereby ordered as follows:
Section 101. Designation of Entity. The Administrator of the
Bonneville Power Administration, Department of the Interior, and the
Division Engineer, North Pacific Division, Corps of Engineers,
Department of the Army, are hereby designated as an entity under Article
XIV of the Treaty, to be known as the United States Entity for the
Columbia River Treaty (hereinafter referred to as the Entity). The
designated Administrator shall be the Chairman of the Entity.
Sec. 102. Functions of the Entity. The Entity shall have the
functions set forth therefor in Article XIV, and in other provisions, of
the Treaty.
Sec. 103. Departmental responsibilities. This order shall not
affect (1) the respective responsibilities of the Department of the Army
and the Department of the Interior for project operation and
administration, (2) the respective responsibilities of the Secretary of
the Army and the Chief of Engineers for the supervision and direction of
the Department of the Army and the Office of the Chief of Engineers, or
(3) the responsibility of the Secretary of the Interior for the
supervision and direction of the Department of the Interior.
BOARD
Section 201. Appointment of members of the Permanent Engineering
Board. (a) The Secretary of the Interior and the Secretary of the Army
shall each appoint one person as a United States member of the Permanent
Engineering Board established by Article XV of the Treaty.
(b) Each such person shall be selected from among appropriately
qualified individuals, who at the time of appointment may be, but neet
not necessarily be, officers or employees of the United States, and
shall serve as a member of the Board during the pleasure of the
appointing Secretary.
Sec. 202. Alternate members. In addition to the two members to be
appointed under the provisions of Section 201 of this order, there shall
be two alternate United States members of the Permanent Engineering
Board. The provisions of Section 201 of this order shall apply to the
selection, appointment, and service of the alternate members.
Sec. 203. United States Section. The members and alternate members
appointed under the foregoing provisions of the Part shall compose the
United States Section, Permanent Engineering Board, Columbia River
Treaty, hereinafter referred to as the United States Section.
This member appointed by the Secretary of the Army under Section 201(a)
of this order shall be the Chairman of the United States Section.
Sec. 204. Assistance to the United States Section. With the consent
of the respective heads thereof, departments and agencies of the Federal
Government may, upon the request of the United States Section and to the
extent not inconsistent with law, furnish assistance needed by the
Section in connection with the performance of its functions.
Section 301. Reservation. There is hereby reserved the right to
modify or terminate any or all the provisions of this order.
THE WHITE HOUSE,
September 16, 1964.
LYNDON B. JOHNSON
Executive Order No. 11176, 29 F.R. 12607, September 3, 1964
By virtue of the authority vested in me by section 6103(a) of the
Internal Revenue Code of 1954 (68'a Stat. 753; 26 U.S.C. 6103(a)) as
amended by section 3 of the Interest Equalization Tax Act, approved
September 2, 1964 (Public Law 88-563), /6/ it is hereby ordered that any
information return made by a commercial bank with respect to loans and
commitments to foreign obligors under section 6011(d)(2) of the Internal
Revenue Code of 1954, as added by section 3(a) of the Interest
Equalization Tax Act, /7/ shall be open to inspection by the Board of
Governors of the Federal Reserve System and the Federal Reserve Banks in
the interest of sound administration of the interest equalization tax.
Such inspection shall be in accordance and upon compliance with the
rules and regulations prescribed by the Secretary of the Treasury in a
Treasury decision, relating to inspection of certain interest
equalization tax information returns by the Board of Governors of the
Federal Reserve System and the Federal Reserve Banks, approved by me
this date.
This order shall be effective upon its filing for publication in the
FEDERAL REGISTER.
THE WHITE HOUSE,
September 3, 1964.
LYNDON B. JOHNSON
/6/ 26 U.S.C.A(I.R.C.1954) 6103(a).
/7/ 26 U.S.C.A.(I.R.C.1954) 6011(d)(2).
Executive Order No. 11175, 29 F.R. 12605, September 2, 1964
By virtue of the authority vested in me by section 4917(a) of the
Internal Revenue Code of 1954, as added by section 2 of the Interest
Equalization Tax Act, approved September 2, 1964 (Public Law 88-563),
/2/ by section 301 of title 3 of the United States Code, /3/ and as
President of the United States, it is hereby determined that the
application of the tax imposed by section 4911 of the Internal Revenue
Code of 1954, as added by section 2 of the Interest Equalization Tax
Act, /4/ will have such consequences for Canada as to imperil or
threaten to imperil the stability of the international monetary system
and it is hereby ordered that the tax imposed by section 4911 of the
Internal Revenue Code of 1954 shall not apply to the acquisition by a
United States person of stock or a debt obligation of Canada or a
political subdivision thereof, any agency or instrumentality of Canada,
any corporation, partnership, or trust (other than a company registered
under the Investment Company Act of 1940 (54 Stat. 847; 15 U.S.C. 80a-1
to 80a-52)) /5/ organized under the laws of Canada or a political
subdivision thereof, or any individual resident in Canada, to the extent
that such stock or debt obligation is acquired as all or part of an
original or new issue as to which there is filed the notice of
acquisition prescribed by the Secretary of the Treasury or his delegate.
The exemption from tax provided in the preceding sentence shall apply
to all acquisitions made during the period commencing on July 19, 1963,
and continuing until otherwise provided in an amendment of this order.
The Secretary of the Treasury or his delegate is authorized to
prescribe from time to time regulations, rulings, directions, and
instructions to carry out the purposes of this order.
This order shall be effective upon its filing for publication in the
FEDERAL REGISTER.
THE WHITE HOUSE,
September 2, 1964.
LYNDON B. JOHNSON
/2/ 49 U.S.C.A. (I.R.C. 1954) 4917(a).
/3/ 3 U.S.C.A. 301.
/4/ 26 U.S.C.A. (I.R.C. 1954) 4911.
/5/ 15 U.S.C.A. 80a-- 1 to 80a-- 52.
Executive Order No. 11174, 29 F.R. 12547, September 1, 1964
By virtue of the authority vested in me as President of the United
States, and as Commander in Chief of the Armed Forces of the United
States, it is ordered as follows:
Prior order. The numbered Sections of Executive Order 10879 of June
1, 1960, /1/ are hereby amended to read as follows:
"1. Certificate established. The White House Service Certificate is
hereby reestablished as the Presidential Service Certificate, to be
awarded in the name of the President of the United States to members of
the Army, Navy, Marine Corps, and the Air Force, who have been assigned
to the White House for a period of at least one year subsequent to
January 20, 1961.
"2. Award of the Certificate. The Presidential Service Certificate,
the design of which accompanies and is hereby made a part of this Order,
shall be awarded by the Secretary of the Army, the Secretary of the
Navy, or the Secretary of the Air Force, to military personnel of their
respective services.
"3. Badge established. The White House Service Badge is replaced by
the Presidential Service Badge, the design of which accompanies and is
hereby made a part of this Order. The Presidential Service Badge may be
awarded to any member of the Armed Forces assigned to duty in the White
House by the Secretary of the Army, the Secretary of the Navy, or the
Secretary of the Air Force, upon recommendation of the Presidential
Military, Naval, or Air Force Aide, as the case may be, to military
personnel of their respective services. The Badge may be worn as a part
of the uniform of those individuals upon award of the Presidential
Service Certificate under such regulations as the Secretary of the Army,
the Secretary of the Navy, and the Secretary of Defense may severally
prescribe.
"4. Only one Presidential Service Certificate will be awarded to an
individual during an administration. Only one Presidential Service
Badge will be awarded.
"5. The Presidential Service Certificate and the Presidential
Service Badge established by this Order may be granted posthumously."
THE WHITE HOUSE,
September 1, 1964.
LYNDON B. JOHNSON
/1/ 1960 U.S.Code Cong.and Adm.News, p. 1680.
Executive Order No. 11173, 29 F.R. 11999, August 20, 1964
By virtue of the authority vested in me by subsection (d) of section
504 of the Federal Salary Reform Act of 1962 (as added by section 123 of
the Government Employees Salary Reform Act of 1964), /18/ and as
President of the United States, section 301 of Executive Order No. 11073
of January 2, 1963, /19/ entitled "Providing for Federal Salary
Administration," is hereby amended by inserting "(a)" immediately after
"Section 301" and by adding at the end thereof a new subsection (b) as
follows:
"(b) The Civil Service Commission is hereby designated and authorized
to exercise the authority conferred upon the President by the provisions
of section 504(d) of the Federal Salary Reform Act of 1962 (as added by
section 123 of the Government Employees Salary Reform Act of 1964) to
prescribe the rules and regulations required by section 504(d)."
THE WHITE HOUSE,
August 20, 1964.
LYNDON B. JOHNSON
/18/ 5 U.S.C.A. 1173.
/19/ 5 U.S.C.A. 1174 note.
Executive Order No. 11172, 29 F.R. 11997, August 19, 1964
By virtue of the authority vested in me by section 5(d) of the Act of
March 18, 1959, providing for the admission of the State of Hawaii into
the Union (73 Stat. 5), /16/ and as President of the United States, it
is hereby ordered as follows--
All lands and other property hereinafter described, being lands and
property which were ceded to the United States by the Republic of Hawaii
under the joint resolution of annexation, approved July 7, 1898 (30
Stat. 750), or which have been acquired in exchange for lands or
properties so ceded, are hereby set aside for the use of the United
States /17/ in fee simple subject to valid existing rights--
Land situated at Kaliawa and Mokauea, Kalihi, Honolulu, Oahu, Hawaii.
Being portions of the former Kaliawa Fisher (Territorial Condemnation
Law No. 16653) and the former Mokauea Fishery (Territorial Condemnation
Law No. 16696).
Beginning at the south corner of this piece of land, also being on
the easterly boundary of Sand Island Access Road, the coordinates of
said point of beginning from Government Survey Triangulation Station
"Punch-bowl" being 1,718.21 feet North and 13,602.01 feet West, thence
running by azimuths measured clockwise from true South:
1. 154 degrees 00'20" 1,561.35 feet along the easterly boundary of
Sand Island Access Road
2. 247 degrees 21' 64.77 feet along U.S. Civil Action 504;
3. 277 degrees 54' 17.30 feet along U.S. Civil Action 504;
4. 310 degrees 35' 62.70 feet along U.S. Civil Action 496;
5. 318 degrees 35' 47.50 feet along U.S. Civil Action 496;
6. 288 degrees 00' 80.00 feet along U.S. Civil Action 496;
7. 264 degrees 40' 28.08 feet along U.S. Civil Action 496;
8. 339 degrees 50' 148.44 feet along U.S. Civil Action 496;
9. 336 degrees 21' 199.76 feet along U.S. Civil Action 496;
10. 323 degrees 05' 111.00 feet along U.S. Civil Action 496;
11. 301 degrees 02' 30.84 feet along U.S. Civil Action 496;
12. 279 degrees 21' 128.30 feet along U.S. Civil Action 496;
13. 265 degrees 10' 168.85 feet along U.S. Civil Action 496;
14. 264 degrees 03' 90.10 feet along U.S. Civil Action 496;
15. 355 degrees 06' 94.36 feet along U.S. Civil Action 469;
16. 353 degrees 22' 159.69 feet along U.S. Civil Action 469;
17. 350 degrees 46' 285.65 feet along U.S. Civil Action 469;
18. 345 degrees 53' 154.93 feet along U.S. Civil Action 469;
19. 340 degrees 27' 30" 67.53 feet along U.S. Civil Action 469;
20. 64 degrees 00'20" 352.96 feet to the beginning and containing an
area of 11.36 acres, more or less.
THE WHITE HOUSE,
August 19, 1964.
LYNDON B. JOHNSON
/16/ 48 U.S.C.A.note prec. 491.
/17/ See the Act of December 23, 1963 (77 Stat. 472), 48 U.S.C.A.note
prec. 491.
Executive Order No. 11171, 29 F.R. 11897, August 18, 1964
By virtue of the authority vested in me by Section 155 of Title 2 of
the Canal Zone Code (76A Stat. 19), and as President of the United
States, it is hereby ordered as follows:
Section 1. As used in this order:
(1) The term "subchapter III" shall mean subchapter III of Chapter 7
of Title 2 of the Canal Zone Code (76A Stat. 16-20).
(2) The terms "department," "position," "employee," and "continental
United States" shall have the meanings ascribed to them in Section 141
of Title 2 of the Canal Zone Code.
(3) The term "competitive civil service" shall have the same meaning
as the words "competitive service," "classified service," "classified
(competitive) service," or "classified civil service" as defined in
existing statutes and Executive orders.
Sec. 2. (a) Subject to the further provisions of this order, there
is delegated to the Secretary of the Army the authority vested in the
President by Sections 142 and 155 of Title 2 of the Canal Zone Code:
(1) To exclude any employee or position from any or all provisions of
subchapter III.
(2) To extend to any employee, whether or not such employee is a
citizen of the United States, the same rights and privileges as are
provided by applicable laws and regulations for citizens of the United
States employed in the competitive civil service of the Government of
the United States.
(3) To coordinate the policies and activities of the respective
departments under subchapter III.
(4) To promulgate such regulations as may be necessary and
appropriate to carry out the provisions and accomplish the purposes of
subchapter III.
(b) The Secretary of the Army may redelegate any of the authority
delegated to him by subsection (a) of this section.
(c) In promulgating regulations pursuant to the authority delegated
by this section (including regulations with respect to the matters
covered by Section 3 and 4 of this order), the Secretary of the Army
shall give effect to the following-described policies:
(1) Employment standards, rates of basic compensation, availability
of training facilities and programs shall be applied uniformly among all
departments in the Canal Zone to all employees irrespective of whether
they are citizens of the United States or of the Republic of Panama.
(2) Positions which are designated by the heads of agencies, under
Section 147 of Title 2 of the Canal Zone Code, as those which for
security reasons shall be filled by a citizen of the United States may
include, but are not limited to (i) those involving security of
property, (ii) those involving access to defense information classified
pursuant to Executive Order No. 10501 of November 5, 1953, as amended,
/13/ (iii) those which require the use of United States citizens to
insure continuity and capability of operation and administration of
activities in the Canal Zone by the United States Government. Nothing
in this order shall be deemed to modify or supersede any provision of
either Executive Order No. 10501 of November 5, 1953, as amended, or
Executive Order No. 10450 of April 25, 1953. /14/
(3) Exclusions of employees or positions from any or all provisions
of subchapter III and the extension of rights and privileges to
employees, as provided in Section 142(b) of Title 2 of the Canal Zone
Code, shall be made only in accordance with regulations issued under
this order. Such regulations shall provide for excluding employees or
positions from the Canal Zone Merit System only for reasons for which
exclusions or exceptions are made from the competitive civil service.
(d) Prior to the promulgation of regulations under this order, the
Secretary of the Army shall consult with the Department of the Navy, the
Department of the Air Force, other components of the Department of
Defense having employees in the Canal Zone, the Panama Canal Company,
the Canal Zone Government, the Civil Service Commission, and such other
agencies having employees in the Canal Zone as he may determine.
Sec. 3. (a) There is established, as provided for in Section 149 of
Title 2 of the Canal Zone Code, a Canal Zone Merit System of selection
for appointment, reappointment, reinstatement, re-employment, and
retention with respect to positions, employees, and individuals under
consideration for appointment to positions. In accordance with the
provisions of Section 149, the Canal Zone Merit System shall--
(1) be based solely on the merit of the employee or individual and
upon his qualifications and fitness to hold the position concerned;
(2) apply uniformly within and among all departments, positions,
employees, and individuals concerned;
(3) conform generally to policies, principles, and standards
established by or in accordance with the Civil Service Act of January
16, 1883, as amended and supplemented; and
(4) include provision for appropriate interchange of citizens of the
United States employed by the Government of the United States between
such merit system and the competitive civil service of the Government of
the United States.
Provisions for interchange which involve movement from the Canal Zone
Merit System to the competitive civil service of the Government of the
United States shall be subject to the concurrence of the Civil Service
Commission.
(b) Regulations promulgated under this order with respect to the
Canal Zone Merit System shall be issued only after advice has been
received from the Civil Service Commission that such regulations conform
generally to policies, principles, and standards established by or in
accordance with the Civil Service Act of January 16, 1883, as amended
and supplemented.
(c) The Civil Service Commission is directed to make periodic review
of the operations of the Canal Zone Merit System for conformity with the
requirements of subchapter III, this order, and regulations promulgated
under Section 2 thereof, and shall report its findings to the Secretary
of the Army.
Sec. 4. (a) There is established, as provided for in Section 152 of
Title 2 of the Canal Zone Code, a Canal Zone Board of Appeals to review
and determine the appeals of employees. The Board shall consist of five
members, all of whom shall be civilians appointed by the Secretary of
the Army (and one of whom shall be designated by him as chairman), as
follows:
(1) One member shall be nominated by the Civil Service Commission.
(2) Two members shall be selected from among employees of the United
States Government agencies in the Canal Zone and shall be appointed only
after consultation with and advice from organizations representing such
employees.
(3) Two members shall be selected by the Secretary of the Army.
(b) For each member of the Board, the Secretary of the Army shall
appoint an alternate member, who shall be a civilian nominated or
selected in the same manner as the Board member for whom he is an
alternate. An alternate member shall serve on the Board whenever, for
any reason, the member for whom he is an alternate is unable to serve.
(c) Decisions of the Board shall be made by majority vote of the
members.
Sec. 5. (a) Existing rules and regulations issued, and other actions
taken, pursuant to Executive Order No. 10794 of December 10, 1958, and
in effect immediately prior to the issuance of this order, shall remain
in effect under the comparable provisions of this order until they are
superseded in accordance with provisions of this order or until they
expire by their own terms.
(b) Executive Order No. 10794 of December 10, 1958, /15/ is hereby
superseded.
THE WHITE HOUSE,
August 18, 1964.
LYNDON B. JOHNSON
/13/ 50 U.S.C.A. 401 note.
/14/ 5 U.S.C.A. 631 note.
/15/ 1958 U.S.Code Cong.and Adm.News, p. 5589.
Executive Order No. 11170, 29 F.R. 11893, August 18, 1964
WHEREAS disputes exist between the carriers represented by the
National Railway Labor Conference, designated in List A attached hereto
and made a part thereof, and certain of their employees represented by
the Five Cooperating Railway Labor Organizations, labor organizations,
designated in List B attached hereto and made a part hereof; and
WHEREAS these disputes have not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS these disputes, in the judgment of the National Mediation
Board, threaten substantially to interrupt interstate commerce to a
degree such as to deprive the country of essential transportation
service:
NOW, THEREFORE, by virtue of the authority vested in me by Section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /11/ I hereby
create a board to be appointed by me, to investigate these disputes. No
member of the board shall be pecuniarily or otherwise interested in any
organization of railroad employees or any carrier.
The board shall report its findings to the President with respect to
the disputes within thirty days from the date of this order.
As provided by Section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the carriers
represented by the National Railway Labor Conference, or by their
employees, in the conditions out of which the disputes arose.
Akron & Barberton Belt Railroad Company
Akron, Canton & Youngstown Railroad
Ann Arbor Railroad Company
Baltimore and Ohio Railroad Company
Baltimore & Ohio Chicago Terminal Railroad Company
Staten Island Rapid Transit Railway Company
Strouds Creek and Muddlety Railroad
Bangor and Aroostook Railroad
Bessemer and Lake Erie Railroad
Boston and Maine Railroad
Brooklyn Eastern District Terminal
Buffalo Creek Railroad
Bush Terminal
Canadian National Railways
Lines in the United States
St. Lawrence Region
Great Lakes Region
Canadian Pacific Railway Company
Central Railroad Company of New Jersey
New York & Long Branch Railroad Company
Central Vermont Railway
Chicago Union Station Company
Cincinnati Union Terminal Company
Dayton Union Railway Company
Delaware and Hudson Railroad Corporation
Detroit and Toledo Shore Line Railroad Company
Detroit Terminal Railroad
Detroit, Toledo and Ironton Railroad Company
Erie-Lackawanna Railroad Company
Grand Trunk Western Railroad Company
Indianapolis Union Railway Company
Lehigh and Hudson River Railway Company
Lehigh Valley Railroad
Long Island Rail Road Company
Maine Central Railroad Company
Portland Terminal Company
Monon Railroad
Monongahela Railway Company
Montour Railroad Company
Youngstown & Southern Railway Company
New York Central System
New York Central Railroad Company
New York District
Grand Central Terminal
Eastern District
Boston & Albany Division
Western District
Northern District
Southern District
Indiana Harbor Belt Railroad Company
Chicago River & Indiana Railroad Company
Pittsburgh & Lake Erie Railroad Company
Lake Erie & Eastern Railroad Company
Cleveland Union Terminals Company
Troy Union Railroad Company
New York, Chicago & St. Louis Railroad Company
New York Dock Railway
/12/ New York, New Haven & Hartford Railroad Company
/12/ The Boston Terminal Corporation
Union Freight Railroad (Boston)
New York Connecting Railroad
New York, Susquehanna & Western Railroad
Pennsylvania Railroad Company
Baltimore & Eastern Railroad Company
Pennsylvania-Reading Seashore Lines
Pittsburgh & West Virginia Railway Company
Pittsburgh, Chartiers & Youghiogheny Railway Company
Railroad Perishable Inspection Agency
Reading Company
Philadelphia, Reading & Potts, Telegraph Company
River Terminal Railway
Toledo Terminal Railroad Company
Washington Terminal Company
Western Maryland Railway Company
Alton and Southern Railroad
Atchison, Topeka & Santa Fe Railway
Gulf, Colorado and Santa Fe Railway
Panhandle and Santa Fe Railway
Bauxite and Northern Railway
Belt Railway Company of Chicago
Butte, Anaconda and Pacific Railway
Camas Prairie Railroad
Chicago & Eastern Illinois Railroad
Chicago & Illinois Midland Railway
Chicago and Illinois Western Railroad
Chicago & North Western Railway
(Including the former C.St.P.M.&O., M.&St.L., L.&M., M.I. and Railway
Transfer Company of the City of Minneapolis.)
Chicago and Western Indiana Railroad
Chicago, Burlington & Quincy Railroad
Chicago Great Western Railway
Chicago, Milwaukee, St. Paul and Pacific Railroad
Chicago Produce Terminal Company
Chicago, Rock Island and Pacific Railroad
Chicago, West Pullman and Southern Railroad
Colorado and Southern Railway
Colorado and Wyoming Railway
Denver and Rio Grande Western Railroad
Denver Union Terminal Railway
Des Moines Union Railway
Duluth, Missabe and Iron Range Railway
Duluth Union Depot & Transfer Company
Duluth, Winnipeg & Pacific Railway
Elgin, Joliet and Eastern Railway
El Paso Union Passenger Depot Company
Fort Worth and Denver Railway
Galveston, Houston and Henderson Railroad
Great Northern Railway
Green Bay and Western Railroad
Kewaunee, Green Bay and Western Railroad
Houston Belt & Terminal Railway
Illinois Central Railroad
Illinois Northern Railway
Illinois Terminal Railroad
Joint Texas Division of the C.R.I.&P. Railroad and Fort Worth &
Denver Railway
Joplin Union Depot Company
Kansas City Southern Railway
Arkansas Western Railway
Kansas City, Shreveport & Gulf Terminal Company
Kansas City Terminal Railway
Kansas, Oklahoma & Gulf Railway
Midland Valley Railroad
Oklahoma City-Ada-Atoka Railway
King Street Passenger Station (Seattle)
Lake Superior & Ishpeming Railroad
Lake Superior Terminal & Transfer Railway
Los Angeles Junction Railway
Louisiana & Arkansas Railway
Manufacturers Railway
Minneapolis, Northfield & Southern Railway
Minnesota and Manitoba Railroad
Minnesota Transfer Railway
Missouri-Kansas-Texas Railroad Company
Beaver, Meade and Englewood Railroad
Missouri Pacific Railroad
Missouri-Illinois Railroad
Northern Pacific Railway
Northern Pacific Terminal Company of Oregon
Northwestern Pacific Railroad
Ogden Union Railway and Depot Company
Oklahoma City Stock Yards Agency
Oregon, California & Eastern Railway Company
Pacific Coast Railroad Company
Paducah and Illinois Railroad
Peabody Short Line Railroad
Peoria and Pekin Union Railway Company
Port Terminal Railroad Association
Pueblo Joint Interchange Bureau
St. Joseph Terminal Railroad
St. Louis-San Francisco Railway
St. Louis, San Francisco & Texas Railway
St. Louis Southwestern Railway
Saint Paul Union Depot Company
San Diego & Arizona Eastern Railway
Sioux City Terminal Railway
Soo Line Railroad
Southern Pacific Company (Pacific Lines)
Southern Pacific Company (Texas and Louisiana Lines)
Spokane International Railroad
Spokane, Portland and Seattle Railway
Oregon Trunk Railway
Oregon Electric Railway
Stock Yards District Agency
Terminal Railroad Association of St. Louis
Texarkana Union Station Trust
Texas and Pacific Railway
Abilene and Southern Railway
Fort Worth Belt Railway
Texas-New Mexico Railway
Weatherford, Mineral Wells and Northwestern Railway
Texas Mexican Railway
Texas Pacific-Missouri Pacific Terminal
Railroad of New Orleans
Toledo, Peoria & Western Railroad
Union Pacific Railroad
Union Railway (Memphis)
Union Terminal Company (Dallas)
Wabash Railroad
Walla Walla Valley Railroad
Western Pacific Railroad
Western Weighing and Inspection Bureau
Wichita Terminal Association
Wichita Union Terminal Railway
Yakima Valley Transportation Company
Atlanta & West Point Railroad
Western Railway of Alabama
Atlanta Joint Terminals
Atlantic Coast Line Railroad
Chesapeake & Ohio Railway
Clinchfield Railroad
Georgia Railroad
Gulf, Mobile & Ohio Railroad
Jacksonville Terminal
Kentucky & Indiana Terminal Railway
Louisville & Nashville Railroad
Norfolk & Portsmouth Belt Line
Norfolk Southern Railway
Norfolk & Western Railway
Richmond, Fredericksburg & Potomac Railroad
Seaboard Air Line Railway
Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express & Station Employes
Brotherhood of Maintenance of Way Employes
The Order of Railroad Telegraphers
Brotherhood of Railroad Signalmen
Hotel & Restaurant Employes & Bartenders' International Union
THE WHITE HOUSE,
August 18, 1964.
LYNDON B. JOHNSON
/11/ 45 U.S.C.A. 160.
/12/ In trusteeship. Any commitment subject to court approval.
Executive Order No. 11169, 29 F.R. 11889, August 18, 1964
WHEREAS disputes exist between the carriers represented by the
National Railway Labor Conference, designated in List A attached hereto
and made a part hereof, and certain of their employees represented by
the Six Cooperating Railway Labor Organizations functioning through the
Railway Employes' Department, AFL-CIO, labor organizations, designated
in the List B attached hereto and made a part hereof; and
WHEREAS these disputes have not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS these disputes, in the judgment of the National Mediation
Board, threaten substantially to interrupt interstate commerce to a
degree such as to deprive the country of essential transportation
service:
NOW, THEREFORE, by virtue of the authority vested in me by Section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /9/ I hereby
create a board, to be appointed by me, to investigate these disputes.
No member of the board shall be pecuniarily or otherwise interested in
any organization of railroad employees or any carrier.
The board shall report its findings to the President with respect to
the disputes within thirty days from the date of this order.
As provided by Section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the carriers
represented by the National Railway Labor Conference, or by their
employees, in the conditions out of which the disputes arose.
Akron, Canton & Youngstown Railroad Company
Ann Arbor Railroad Company
Baltimore and Ohio Railroad Company
Baltimore & Ohio Chicago Terminal Railroad Company
Staten Island Rapid Transit Railway Company
Strouds Creek and Muddlety Railroad
Bangor and Aroostook Railroad
Bessemer and Lake Erie Railroad
Boston and Maine Railroad
Brooklyn Eastern District Terminal
Buffalo Creek Railroad
Canadian National Railways Lines in the United States
Great Lakes Region
Canadian Pacific Railway Company
Central Railroad Company of New Jersey
Central Vermont Railway
Chicago Union Station Company
Cincinnati Union Terminal Company
Dayton Union Railway Company
Delaware and Hudson Railroad Corporation
Detroit and Toledo Shore Line Railroad Company
Detroit Terminal Railroad
Detroit, Toledo and Ironton Railroad Company
Erie-Lackawanna Railroad Company
Grand Trunk Western Railroad Company
Indianapolis Union Railway Company
Lehigh and Hudson River Railway Company
Lehigh Valley Railroad
Long Island Rail Road Company
Maine Central Railroad Company
Portland Terminal Company
Menon Railroad
Monongahela Railway Company
Montour Railroad Company
New York Central System
New York Central Railroad Company
New York District
Grand Central Terminal
Eastern District
Boston & Albany Division
Western District
Northern District
Southern District
Indiana Harbor Belt Railroad Company
Chicago River & Indiana Railroad Company
Pittsburgh & Lake Erie Railroad Company
Lake Erie & Eastern Railroad Company
Cleveland Union Terminals Company
New York, Chicago & St. Louis Railroad Company
New York Dock Railway
/10/ New York, New Haven & Hartford Railroad Company
New York, Susquehanna & Western Railroad
Pennsylvania Railroad Company
Pennsylvania-Reading Seashore Lines
Pittsburgh & West Virginia Railway Company
Reading Company
Philadelphia, Reading & Potts. Teleg. Company
Toledo Terminal Railroad Company
Washington Terminal Company
Western Maryland Railway Company
Alton and Southern Railroad
Atchison, Topeka & Santa Fe Railway
Gulf, Colorado and Santa Fe Railway
Panhandle and Santa Fe Railway
Belt Railway Company of Chicago
Butte, Anaconda and Pacific Railway
Camas Prairie Railroad
Chicago & Eastern Illinois Railroad
Chicago & Illinois Midland Railway Company
Chicago and North Western Railway
(Including the former CStP&MO, M&StL, L&M, MI and Railway Transfer
Company of the City of Minneapolis)
Chicago and Western Indiana Railroad
Chicago, Burlington & Quincy Railroad
Chicago Great Western Railway
Chicago, Milwaukee, St. Paul & Pacific Railroad
Chicago, Rock Island and Pacific Railroad
Chicago, West Pullman and Southern Railroad
Colorado and Southern Railway
Colorado and Wyoming Railway
Denver and Rio Grande Western Railroad
Des Moines Union Railway
Duluth, Missabe and Iron Range Railway
Duluth Union Depot & Transfer Company
Duluth, Winnipeg & Pacific Railway
Elgin, Joliet and Eastern Railway
Fort Worth and Denver Railway
Galveston, Houston and Henderson Railroad
Great Northern Railway
Green Bay and Western Railroad
Houston Belt & Terminal Railway
Illinois Central Railroad
Illinois Northern Railway
Illinois Terminal Railroad
Joint Texas Division of the CRI&P Railroad and FtW&D Railway
Kansas City Southern Railway
Kansas, Oklahoma & Gulf Railway
Midland Valley Railroad
Lake Superior & Ishpeming Railroad
Lake Superior Terminal & Transfer Railway
Los Angeles Junction Railway
Louisiana & Arkansas Railway
Manufacturers Railway
Minneapolis, Northfield & Southern Railway
Minnesota Transfer Railway
Missouri-Kansas-Texas Railroad Company
Missouri Pacific Railroad
Missouri-Illinois Railroad
Northern Pacific Railway
Northern Pacific Terminal Company of Oregon
Northwestern Pacific Railroad
Ogden Union Railway and Depot Company
Peoria and Pekin Union Railway Company
Port Terminal Railroad Association
Pueblo Joint Interchange Bureau
St. Joseph Terminal Railroad
St. Louis-San Francisco Railway
St. Louis, San Francisco & Texas Railway
St. Louis Southwestern Railway
Saint Paul Union Depot Company
San Diego & Arizona Eastern Railway
Sioux City Terminal Railway
Soo Line Railroad
Southern Pacific Company (Pacific Lines)
Southern Pacific Company (Texas and Louisiana Lines)
Spokane, Portland and Seattle Railway
Oregon Trunk Railway
Oregon Electric Railway
Terminal Railroad Association of St. Louis
Texas and Pacific Railway
Abilene and Southern Railway
Fort Worth Belt Railway
Texas-New Mexico Railway
Weatherford, Mineral Wells and Northwestern Railway
Texas Mexican Railway
Texas Pacific-Missouri Pacific Terminal Railroad of New Orleans
Toledo, Peoria & Western Railroad
Union Pacific Railroad
Union Railway (Memphis)
Union Terminal Company (Dallas)
Wabash Railroad
Western Pacific Railroad
Wichita Terminal Association
Atlanta & West Point-Western Railway of Alabama
Atlanta Joint Terminals
Atlantic Coast Line Railroad
Chesapeake & Ohio Railway
Clinchfield Railroad
Georgia Railroad
Gulf Mobile & Ohio Railroad
Jacksonville Terminal
Kentucky & Indiana Terminal
Louisville & Nashville Railroad
Norfolk & Portsmouth Belt Line
Norfolk Southern Railway
Norfolk & Western Railway
Richmond Fredericksburg & Potomac Railroad
Seaboard Air Line Railway
International Association of Machinists
International Brotherhood of Boilermakers, Iron Ship Builders,
Blacksmiths, Forgers & Helpers
Sheet Metal Workers' International Association
International Brotherhood of Electrical Workers
Brotherhood Railway Carmen of America
International Brotherhood of Firemen, Oilers, Helpers, Roundhouse and
Railway Shop Laborers
THE WHITE HOUSE,
August 18, 1964.
LYNDON B. JOHNSON
/9/ 45 U.S.C.A. 160.
/10/ In trusteeship. Any commitment subject to court approval.
Executive Order No. 11168, 29 F.R. 11885, August 18, 1964
WHEREAS disputes exist between the carriers represented by the
National Railway Labor Conference, designated in List A attached hereto
and made a part hereof, and certain of their employees represented by
the Eleven Cooperating Railway Labor Organizations, labor organizations,
designated in List B attached hereto and made a part hereof; and
WHEREAS these disputes have not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS these disputes, in the judgment of the National Mediation
Board, threaten substantially to interrupt interstate commerce to a
degree such as to deprive the country of essential transportation
service:
NOW, THEREFORE, by virtue of the authority vested in me by Section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /7/ I hereby
create a board, to be appointed by me, to investigate these disputes.
No member of the board shall be pecuniarily or otherwise interested in
any organization of railroad employees or any carrier.
The board shall report its findings to the President with respect to
the disputes within thirty days from the date of this order.
As provided by Section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the carriers
represented by the National Railway Labor Conference, or by their
employees, in the conditions out of which the disputes arose.
Akron & Barberton Belt Railroad Company
Akron, Canton & Youngstown Railroad
Ann Arbor Railroad Company
Baltimore and Ohio Railroad Company
Baltimore & Ohio Chicago Terminal Railroad Company
Staten Island Rapid Transit Railway Company
Strouds Creek and Muddelty Railroad
Bangor and Aroostook Railroad
Bessemer and Lake Erie Railroad
Boston and Maine Railroad
Brooklyn Eastern District Terminal
Buffalo Creek Railroad
Bush Terminal
Canadian National Railways
Lines in the United States
St. Lawrence Region
Great Lakes Region
Canadian Pacific Railway Company
Central Railroad Company of New Jersey
New York & Long Branch Railroad Company
Central Vermont Railway
Chicago Union Station Company
Cincinnati Union Terminal Company
Dayton Union Railway Company
Delaware and Hudson Railroad Corporation
Detroit and Toledo Shore Line Railroad Company
Detroit Terminal Railroad
Detroit, Toledo and Ironton Railroad Company
Erie-Lackawanna Railroad Company
Grand Trunk Western Railroad Company
Indianapolis Union Railway Company
Lehigh and Hudson River Railway Company
Lehigh Valley Railroad
Long Island Rail Road Company
Maine Central Railroad Company
Portland Terminal Company
Monon Railroad
Monongahela Railway Company
Montour Railroad Company
Youngstown & Southern Railway Company
New York Central System
New York Central Railroad Company
New York District
Grand Central Terminal
Eastern District
Boston & Albany Division
Western District
Northern District
Southern District
Indiana Harbor Belt Railroad Company
Chicago River & Indiana Railroad Company
Pittsburgh & Lake Erie Railroad Company
Lake Erie & Eastern Railroad Company
Cleveland Union Terminals Company
Troy Union Railroad Company
New York, Chicago & St. Louis Railroad Company
New York Dock Railway
/8/ New York, New Haven & Hartford Railroad Company
/8/ The Boston Terminal Corporation
Union Freight Railroad (Boston)
New York Connecting Railroad
New York, Susquehanna & Western Railroad
Pennsylvania Railroad Company
Baltimore & Eastern Railroad Company
Pennsylvania-Reading Seashore Lines
Pittsburgh & West Virginia Railway Company
Pittsburgh, Chartiers & Youghiogheny Railway Company
Railroad Perishable Inspection Agency
Reading Company
Philadelphia, Reading & Potts, Telegraph Company
River Terminal Railway
Toledo Terminal Railroad Company
Washington Terminal Company
Western Maryland Railway Company
Alton and Southern Railroad
Atchison, Topeka & Santa Fe Railway
Gulf, Colorado and Santa Fe Railway
Panhandle and Santa Fe Railway
Bauxite and Northern Railway
Belt Railway Company of Chicago
Butte, Anaconda and Pacific Railway
Camas Prairie Railroad
Chicago & Eastern Illinois Railroad
Chicago & Illinois Midland Railway
Chicago and Illinois Western Railroad
Chicago & North Western Railway
(including the former C.St.P.M.&O., M.&St.L., L.&M., M.I. and Railway
Transfer Company of the City of Minneapolis.)
Chicago and Western Indiana Railroad
Chicago, Burlington & Quincy Railroad
Chicago Great Western Railway
Chicago, Milwaukee, St. Paul and Pacific Railroad
Chicago Produce Terminal Company
Chicago, Rock Island and Pacific Railroad
Chicago, West Pullman and Southern Railroad
Colorado and Southern Railway
Colorado and Wyoming Railway
Denver and Rio Grande Western Railroad
Denver Union Terminal Railway
Des Moines Union Railway
Duluth, Missabe and Iron Range Railway
Duluth Union Depot & Transfer Company
Duluth, Winnipeg & Pacific Railway
Elgin, Joliet and Eastern Railway
El Paso Union Passenger Depot Company
Fort Worth and Denver Railway
Galveston, Houston and Henderson Railroad
Great Northern Railway
Greene Bay and Western Railroad
Kewaunee, Green Bay and Western Railroad
Houston Belt & Terminal Railway
Illinois Central Railroad
Illinois Northern Railway
Illinois Terminal Railroad
Joint Texas Division of the C.R.I.&P. Railroad and Fort Worth &
Denver Railway
Joplin Union Depot Company
Kansas City Southern Railway
Arkansas Western Railway
Kansas City, Shreveport & Gulf Terminal Company
Kansas City Terminal Railway
Kansas, Oklahoma & Gulf Railway
Midland Valley Railroad
Oklahoma City-Ada-Atoka Railway
King Street Passenger Station (Seattle)
Lake Superior & Ishpeming Railroad
Lake Superior Terminal & Transfer Railway
Los Angeles Junction Railway
Louisiana & Arkansas Railway
Manufacturers Railway
Minneapolis, Northfield & Southern Railway
Minnesota and Manitoba Railroad
Minnesota Transfer Railway
Missouri-Kansas-Texas Railroad Company
Beaver, Meade and Englewood Railroad
Northern Pacific Railway
Missouri Pacific Railroad
Missouri-Illinois Railroad
Northern Pacific Terminal Company of Oregon
Northwestern Pacific Railroad
Ogden Union Railway and Depot Company
Oklahoma City Stock Yards Agency
Oregon, California & Eastern Railway Company
Pacific Coast Railroad Company
Paducah and Illinois Railroad
Peabody Short Line Railroad
Peoria and Pekin Union Railway Company
Port Terminal Railroad Association
Pueblo Joint Interchange Bureau
St. Joseph Terminal Railroad
St. Louis-San Francisco Railway
St. Louis, San Francisco & Texas Railway
St. Louis Southwestern Railway
Saint Paul Union Depot Company
San Diego & Arizona Eastern Railway
Sioux City Terminal Railway
Soo Line Railroad
Southern Pacific Company (Pacific Lines)
Southern Pacific Company (Texas and Louisiana Lines)
Spokane International Railroad
Spokane, Portland and Seattle Railway
Oregon Trunk Railway
Oregon Electric Railway
Stock Yards District Agency
Terminal Railroad Association of St. Louis
Texarkana Union Station Trust
Texas and Pacific Railway
Abilene and Southern Railway
Fort Worth Belt Railway
Texas-New Mexico Railway
Weatherford, Mineral Wells and Northwestern Railway
Texas Mexican Railway
Texas Pacific-Missouri Pacific Terminal
Railroad of New Orleans
Toledo, Peoria & Western Railroad
Union Pacific Railroad
Union Railway (Memphis)
Union Terminal Company (Dallas)
Wabash Railroad
Walla Walla Valley Railroad
Western Pacific Railroad
Western Weighing and Inspection Bureau
Wichita Terminal Association
Wichita Union Terminal Railway
Yakima Valley Transportation Company
Atlanta & West Point Railroad
Western Railway of Alabama
Atlanta Joint Terminals
Atlantic Coast Line Railroad
Chesapeake & Ohio Railway
Clinchfield Railroad
Georgia Railroad
Gulf, Mobile & Ohio Railroad
Jacksonville Terminal
Kentucky & Indiana Terminal Railway
Louisville & Nashville Railroad
Norfolk & Portsmouth Belt Line
Norfolk Southern Railway
Norfolk & Western Railway
Richmond, Fredericksburg & Potomac Railroad
Seaboard Air Line Railway
International Association of Machinists
International Brotherhood of Boilermakers, Iron Ship Builders,
Blacksmiths, Forgers & Helpers
Sheet Metal Workers' International Association
International Brotherhood of Electrical Workers
Brotherhood of Railway Carmen of America
International Brotherhood of Firemen, Oilers, Helpers, Roundhouse &
Railroad Shop Laborers
Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express & Station Employes
Brotherhood of Maintenance of Way Employes
The Order of Railroad Telegraphers
Brotherhood of Railroad Signalmen
Hotel & Restaurant Employes & Bartenders' International Union
THE WHITE HOUSE
August 18, 1964
LYNDON B. JOHNSON
/7/ 45 U.S.C.A. 160.
/8/ In trusteeship. Any commitment subject to court approval.
Executive Order No. 11167, 29 F.R. 11805, August 15, 1964
By virtue of the authority vested in me by section 5(d) of the Act of
March 18, 1959, providing for the admission of the State of Hawaii into
the Union (73 Stat. 5), /5/ and as President of the United States, it is
hereby ordered as follows--
All lands and other property hereinafter described, being lands and
property which were ceded to the United States by the Republic of Hawaii
under the joint resolution of annexation, approved July 7, 1898 (30
Stat. 750), or which have been acquired in exchange for lands or
properties so ceded, are hereby set aside for the use of the United
States /6/ in fee simple subject to valid existing rights--
Being portions of the Government Lands of Kaohe and Puuanahulu, and
the Crown Land of Hummuula.
Being also a portion of Mauna Loa Forest and Game Reserve (Governor's
Executive Order No. 1288, dated December 2, 1948).
Situated at Kaohe, Hamakua; Puuanahulu, North Kona; and Hummuula,
North Hilo; Island of Hawaii, State of Hawaii.
Beginning at a point on the northeast boundary of this piece of land,
the coordinates of said point of beginning from Government Survey
Triangulation Station "OMAOKOILI" being 6,664.51 feet South and 3,954.19
feet West thence running by azimuths measured clockwise from true South:
1. 336 degrees 22' 21,800.00 feet along the remainder of Mauna Loa
Forest and Game Reserve (Governor's Executive Order 1288);
2. 82 degrees 05' 17,400.00 feet along the remainder of Mauna Loa
Forest and Game Reserve (Governor's Executive Order 1288);
3. 120 degrees 00' 3,900.00 feet along the remainder of Mauna Loa
Forest and Game Reserve (Governor's Executive Order 1288);
4. 44 degrees 10' 3,900.00 feet along the remainder of Mauna Loa
Forest and Game Reserve (Governor's Executive Order 1288);
5. 82 degrees 05' 8,100.00 feet along the remainder of Mauna Loa
Forest and Game Reserve (Governor's Executive Order 1288);
6. 360 degrees 00' 16,900.95 feet along the remainder of Mauna Loa
Forest and Game Reserve (Governor's Executive Order 1288);
7. 90 degrees 00' 33,877.72 feet along the remainder of Mauna Loa
Forest and Game Reserve (Governor's Executive Order 1288); to the
boundary between Kaohe and Keauhou;
8. 149 degrees 40' 51.4" 37,269.00 feet along Keauhou to
"Naohueleelua;"
9. 111 degrees 14'54" 2,500.00 feet along Keauhou;
10. 166 degrees 06'51" 12,329.90 feet along the remainder of
Puuanahulu;
11. 221 degrees 36'51" 15,850.00 feet along the remainder of
Puuanahulu;
12. 269 degrees 10' 21,730.00 feet along the remainder of Puuanahulu
and Mauna Loa Forest and Game Reserve;
13. 179 degrees 29' 1,132.00 feet along the remainder of Mauna Loa
Forest and Game Reserve (Governor's Executive Order 1288);
14. 265 degrees 10' 3,000.00 feet along the remainder of Mauna Loa
Forest and Game Reserve (Governor's Executive Order 1288);
15. 259 degrees 40' 3,700.00 feet along the remainder of Mauna Loa
Forest and Game Reserve (Governor's Executive Order 1288);
16. 202 degrees 30' 1,300.00 feet along the remainder of Mauna Loa
Forest and Game Reserve (Governor's Executive Order 1288);
17. 238 degrees 00' 3,600.00 feet along the remainder of Mauna Loa
Forest and Game Reserve (Governor's Executive Order 1288);
18. 290 degrees 00' 4,700.00 feet along the remainder of Mauna Loa
Forest and Game Reserve (Governor's Executive Order 1288);
19. 270 degrees 48' 1,670.00 feet along the remainder of Mauna Loa
Forest and Game Reserve (Governor's Executive Order 1288);
20. 296 degrees 30' 2,900.00 feet along the remainder of Mauna Loa
Forest and Game Reserve (Governor's Executive Order 1288);
21. 254 degrees 20' 3,300.00 feet along the remainder of Mauna Loa
Forest and Game Reserve (Governor's Executive Order 1288);
22. 293 degrees 50' 9,600.00 feet along the remainder of Mauna Loa
Forest and Game Reserve (Governor's Executive Order 1288);
23. 28 degrees 30' 1,100.00 feet along the remainder of Mauna Loa
Forest and Game Reserve (Governor's Executive Order 1288);
24. 298 degrees 30' 1,400.00 feet along the remainder of Mauna Loa
Forest and Game Reserve (Governor's Executive Order 1288);
25. 208 degrees 30' 800.00 feet along the remainder of Mauna Loa
Forest and Game Reserve (Governor's Executive Order 1288);
26. 291 degrees 10' 6,600.00 feet along the remainder of Mauna Loa
Forest and Game Reserve (Governor's Executive Order 1288);
27. 334 degrees 39' 1,540.00 feet along the remainder of Mauna Loa
Forest and Game Reserve (Governor's Executive Order 1288);
28. 316 degrees 30' 14,800.00 feet to the point of beginning and
containing an area of 84,057 acres, more or less.
THE WHITE HOUSE,
August 15, 1964.
LYNDON B. JOHNSON
/5/ 48 U.S.C.A.note prec. 491.
/6/ See the Act of December 23, 1963 (77 Stat. 472), 48 U.S.C.A.note
prec. 491.
Executive Order No. 11166, 29 F.R. 11803, August 15, 1964
By virtue of the authority vested in me by section 5(d) of the Act of
March 18, 1959, providing for the admission of the State of Hawaii into
the Union (73 Stat. 5), /3/ and as President of the United States, it is
hereby ordered as follows--
1. All lands and other property hereinafter described, being lands
and property which were ceded to the United States by the Republic of
Hawaii under the joint resolution of annexation, approved July 7, 1898
(30 Stat. 750), or which have been acquired in exchange for lands or
properties so ceded, are hereby set aside for the use of the United
States /4/ in fee simple subject to valid existing rights--
Being portions of the Government Lands of Makua and Kahanahaiki, and
a portion of the Makua Forest Reserve.
Situated at Makua and Kahanahaiki, Waianae, Oahu, Hawaii.
Beginning at a point on the westerly boundary of this piece of land,
also being on the northerly boundary of Plot 1 of Parcel 5 of the U.S.
Condemnation Civil Action No. 485 (Land Commission Award 6092:1), the
coordinates of said point of beginning from Government Survey
Triangulation Station "Makua U.S.C." being 4,950.50 feet North and
1,246.93 feet East, thence running by azimuths measured clockwise from
true South:
Proceeding along the remainder of the land of Kahanahaiki for the
next four courses:
1. 171 degrees 08' 642.12 feet;
2. 159 degrees 36' 2,440.00 feet;
3. 149 degrees 28' 1,438.00 feet;
4. 242 degrees 51' 40" 1,991.74 feet;
5. 230 degrees 00' 1,100.00 feet along the remainder of Land of
Kahanahaiki and Makua-Keaau Forest Reserve to the top of the ridge
separating the Kuaokala Forest Reserve and Makua-Keaau Forest Reserve;
thence along Kuaokala Forest Reserve, along the ridge, direct azimuth
and distance being:
6. 261 degrees 32' 895.30 feet; thence along Mokuleia Forest
Reserve, along the ridge for the next two courses, the direct azimuths
and distances being:
7. 291 degrees 00' 7,070.00 feet;
8. 316 degrees 15' 10,870.00 feet; thence along Land Court
Application 1052, along the ridge for the next five courses, the direct
azimuths and distances being:
9. 58 degrees 10' 1,426.10 feet;
10. 65 degrees 42' 1,299.60 feet;
11. 69 degrees 51' 2,347.20 feet;
12. 60 degrees 11' 994.30 feet;
13. 96 degrees 42' 817.90 feet; thence along the remainders of
Makua-Keaau Forest Reserve, along the ridge, the direct azimuth and
distance being:
14. 97 degrees 31' 06" 7,713.10 feet; thence along the Land of
Ohikilolo, along the ridge, the direct azimuth and distance being:
15. 105 degrees 31'30" 1,600.00 feet;
16. 180 degrees 30' 2,360.00 feet along the remainder of the Land of
Makua;
17. 171 degrees 08' 3,213.88 feet along the remainders of the Land
of Makua, Kahanahaiki and Plot 1 of Parcel 5 of U.S. Condemnation Civil
Action No. 485 (Land Commission Award 6092:1) to the point of beginning
and containing a gross area of 3,273 acres, less 5.95 acres of Tract 1
of Makua Military Reservation (State fee land) and 30.57 acres of
Condemned Land, leaving a net area of 3,236.48 acres, more or less.
2. Access rights to and from the nearest public highway to the
above-described land in, upon, over, and across, such of the lands and
properties adjoining thereto which were ceded to the United States by
the Republic of Hawaii under the joint resolution of annexation,
approved July 7, 1898 (30 Stat. 750), or which have been acquired in
exchange for lands or properties so ceded are also hereby set aside for
the use of the United States.
THE WHITE HOUSE,
August 15, 1964.
LYNDON B. JOHNSON
/3/ 48 U.S.C.A.note prec. 491.
/4/ See the Act of December 23, 1963 (77 Stat. 472), 48 U.S.C.A.note
prec. 491.
Executive Order No. 11165, 29 F.R. 11801, August 15, 1964
By virtue of the authority vested in me by section 5(d) of the Act of
March 18, 1959, /1/ providing for the admission of the State of Hawaii
into the Union (73 Stat. 5), and as President of the United States, it
is hereby ordered as follows--
1. All lands and other property hereinafter described, being lands
and property which were ceded to the United States by the Republic of
Hawaii under the joint resolution of annexation, approved July 7, 1898
(30 Stat. 750), or which have been acquired in exchange for lands or
properties so ceded, are hereby set aside for the use of the United
States /2/ in fee simple subject to valid existing rights, and subject
to the provisions of paragraph numbered 2 of this Order with respect to
Parcel B--
Being Remnant "A" of Federal Aid Secondary Project No. S-0720(1),
being also a portion of Presidential Executive Order 5607, dated April
22, 1931 (Amending Presidential Executive Order 5132, dated June 6,
1929), situate at Kahauiki, Oahu, Hawaii, and a portion of Moanalua
Road, situate at Moanalua, Oahu, Hawaii.
Beginning at the east corner of this piece of land, being also the
north corner of Remnant "B" on the northeast boundary of Presidential
Executive Order 5607, the coordinates of the said point of beginning
referred to Government Survey Triangulation Station "Salt Lake" being
7,783.56 feet South and 7,424.74 feet East, thence running by azimuths
measured clockwise from true South:
1. 131 degrees 32' 276.00 feet along the remainder of P.E.O. 5607,
along the new northeast side of Moanalua Road, Project No. 2-0720(1);
2. 127 degrees 49' 138.36 feet along same;
3. 123 degrees 46' 88.44 feet along same;
4. 122 degrees 55' 112.11 feet along same;
5. 115 degrees 45' 97.15 feet along same;
6. 104 degrees 39' 127.90 feet along same;
7. 105 degrees 57' 345.43 feet along same;
8. 95 degrees 58' 75.44 feet along same;
9. 91 degrees 35' 16.61 feet along the remainder of the present
Moanalua Road, along the new northeast side of Moanalua Road, Project
No. 2-0720(1);
10. 253 degrees 51' 12.40 feet along the present northwest side of
Moanalua Road, along Parcel 1 of P.E.O. 4545;
11. 191 degrees 03'59" 4.43 feet along the Kahauiki-Moanalua
boundary, along the west end of P.E.O. 5607;
12. Thence along the northeast side of P.E.O. 5607 along Fort
Shafter Military Reservation, P.E.O. 2521, on a curve to the right with
a radius of 517.61 feet, the chord azimuth and distance being 275
degrees 47' 04" 184.48 feet;
13. 286 degrees 03' 193.77 feet along the northeast side of P.E.O.
5607, along Fort Shafter Military Reservation, P.E.O. 2521;
14. Thence along same on a curve to the right with a radius of
1,457.77 feet, the chord azimuth and distance being 300 degrees 36'30"
732.86 feet;
No. 15. Thence along same on a curve to the right with a radius of
1,440.54 feet, the chord azimuth and distance being 318 degrees 18'57"
158.27 feet to the point of beginning and containing an area of 24,710
square feet, or 0.567 acre, more or less.
Being Remnant "B" of Federal Aid Secondary Project No. S-0720(1)
being also a portion of Presidential Executive Order 5607, dated April
22, 1931 (Amending Presidential Executive Order 5132, dated June 6,
1929) situate at Kahauiki, Oahu, Hawaii.
Beginning at the north corner of this piece of land, being also the
east corner of Remnant "A," on the northeast side of P.E.O. 5607, the
coordinates of the said point of beginning referred to Government Survey
Triangulation Station "salt Lake" being 7,783.56 feet South and 7,424.74
feet East, thence running by azimuths measured clockwise from true
South:
1. Along the northeast boundary of P.E.O. 5607, along Fort Shafter
Military Reservation, P.E.O. 2521, on a curve to the right with a radius
of 1,440.54 feet, the chord azimuth and distance being 327 degrees
03'12" 280.56 feet;
2. 146 degrees 46'30" 221.60 feet along the remainder of P.E.O.
5607, along the new northeast side of Moanalua Road, Project No.
S-0720(1);
3. 148 degrees 06' 58.98 feet along same to the point of beginning
and containing an area of 1,432 square feet, or 0.033 acre, more or
less.
2. Parcel B shall be subject to use by the State of Hawaii and its
assigns for non-exclusive rights-of-way for access and utility purposes.
THE WHITE HOUSE,
August 15, 1964.
LYNDON B. JOHNSON
/1/ 48 U.S.C.A.note prec. 491.
/2/ See the Act of December 23, 1963 (77 Stat. 472), 48 U.S.C.A.note
prec. 491.
Executive Order No. 11164, 29 F.R. 11257, August 5, 1964
By virtue of the authority vested in me by Section 301 of Title 3 of
the United States Code, /9/ and as President of the United States,
Section 1(p) of Executive Order No. 10530 of May 10, 1954, entitled
"Providing for the Performance of Certain Functions Vested in or Subject
to the Approval of the President," as amended, is hereby amended to read
as follows:
"(p) The authority vested in the President by Section 45(a) of the
Alaska Omnibus Act, approved June 25, 1959 (73 Stat. 152), as amended,
/10/ in Alaska has been terminated or curtailed by the Federal
Government and that performance of such function or substantially the
same function has been or will be assumed by the State of Alaska, and
(2) in his discretion, to transfer and convey to the State of Alaska,
without reimbursement, any property or interest in property, real or
personal, situated in Alaska and as otherwise described in Section
45(a). The provisions of this paragraph shall not be construed to
affect the authority delegated to the Secretary of the Interior by
Executive Order No. 10857 of December 29, 1959, /11/ with respect to the
transfer and conveyance of property described in Section 2 of that
order."
THE WHITE HOUSE,
August 1, 1964.
LYNDON B. JOHNSON
/8/ 3 CFR 1954-1958 Comp., p. 189; 19 F.R 2709.
/9/ 3 U.S.C.A. 301.
/10/ 1959 U.S.Code Cong.and Adm.News, p. 167.
/11/ 1960 U.S.Code Cong.and Adm.News, p. 1647.
Executive Order No. 11163, 29 F.R. 10565, July 30, 1964
WHEREAS on May 21, 1964, the Tennessee Valley Authority and the
United States Department of Agriculture entered into an agreement
(Supplement No. 1 to Contract TV-56798) providing for the transfer by
the Authority to the Department of the right of possession and all other
right, title, and interest which the Authority might have in or to the
tract of land in Fannin County, Georgia, therein designated and
described, so that the tract might be included in and reserved as a part
of the Chattahoochee National Forest, in accordance with the provisions
and conditions of the agreement and subject to the approval required by
Section 4(k)(c) of the Tennessee Valley Authority Act of 1933, as
amended by the Act of July 18. 1941 (16 U.S.C. 831c(k)(c)); /5/ and
WHEREAS on July 11, 1964, the agreement between the Tennessee Valley
Authority and the United States Department of Agriculture was approved
by the Director of the Bureau of the Budget pursuant to the provisions
of Section 4(k)(c) of the Tennessee Valley Authority Act of 1933, as
amended, supra, and of Section 1(h) of Executive Order No. 10530 of May
10, 1954; /6/ and
WHEREAS it appears that such lands are suitable for national forest
purposes and that their inclusion in the Chattahoochee National Forest
would be in the public interest:
NOW, THEREFORE, by virtue of the authority vested in me by Section 24
of the Act of March 3, 1891, 26 Stat. 1103, as amended, and the Act of
June 4, 1897, 30 Stat. 34, 36 (16 U.S.C. 471, 473), /7/ and as President
of the United States, and upon the recommendation of the Secretary of
Agriculture, it is ordered that the following-described tract of land be
included in and reserved as a part of the Chattahoochee National Forest,
such inclusion and reservation to be in accordance with and subject to
all of the provisions and conditions of the agreement of May 21, 1964,
between the Tennessee Valley Authority and the United States Department
of Agriculture:
A tract of land lying in the Eighth District of Section II in Fannin
County in the State of Georgia, on the southwest side of Blue Ridge
Lake, approximately 1/2 mile south of Blue Ridge Dam, and more
particularly described as follows:
Beginning at a point in the center of the junction of the old Blue
Ridge-Morganton Highway with U.S. Highway 76 and in the boundary of the
United States of America's land at a corner of the land previously
conveyed in fee by the Tennessee Valley Authority in the name of the
United States of America under the designation of Tract No. XBRR-- 3 and
the land of R. C. Miller; from the initial point with the United States
of America's boundary line, with the center line of U.S. Highway 76 in a
westerly direction approximately 285 feet; leaving the highway, N. 10
degrees 49' W., 501 feet passing US-TVA Monument 1-24 RM (Coordinates;
N. 1,-772,740; E. 464,188) at 32 feet, to a metal marker; No. 0
degrees 05' E., 950 feet to metal marker; leaving the United States of
America's boundary line, due east, 1013 feet, passing a metal marker at
983 feet, to a point in the center line of U.S. Highway 76; with the
center line of U.S. Highway 76 as it meanders in a southerly direction
approximately 1,385 feet to a point in the boundary of the United States
of America's land; with the United States of America's boundary line,
continuing with the center line of U.S. Highway 76 as it curves to the
right in a westerly direction approximately 720 feet to the point of
beginning.
The land as described above contains 38.5 acres, more or less.
NOTE. The positions of corners and directions of lines are referred
to the Georgia (West) Coordinate System. The boundary marker designated
"US-TVA Monument" is a concrete monument capped by a bronze table
imprinted with the given number.
THE WHITE HOUSE,
July 28, 1964.
LYNDON B. JOHNSON
/5/ 16 U.S.C.A. 831c(k)(c).
/6/ 3 U.S.C.A. 301 note.
/7/ 16 U.S.C.A. 471, 473.
Executive Order No. 11162, 29 F.R. 10563, July 30, 1964
By virtue of the authority vested in me as President of the United
States and by the Constitution and statutes of the United States, it is
ordered as follows:
SECTION 1. Subsection (c) of Section 102 of Executive Order No.
10925 of March 6, 1961, entitled "Establishing the President's Committee
on Equal Employment Opportunity," /3/ as amended, is hereby amended to
read as follows:
"(c) The Secretary of Defense, the Attorney General, the Postmaster
General, the Secretary of Commerce, the Secretary of Health, Education,
and Welfare, the Secretaries of the Army, Navy, and Air Force, the
Chairman of the Atomic Energy Commission, the Administrator of the
National Aeronautics and Space Administration, the Administrator of the
Housing and Home Finance Agency, the Administrator of General Services,
and the Chairman of the Civil Service Commission. Each such member may
designate an alternate to represent him in his absence."
SEC. 2. Section 301 of Executive Order No. 11114 of June 22, 1963,
/4/ is hereby superseded.
THE WHITE HOUSE,
July 28, 1964.
LYNDON B. JOHNSON
/3/ U.S.Code Cong. & Adm.News, p. 1274.
/4/ 5 U.S.C.A. 631 note.
Executive Order No. 11161, 29 F.R. 9317, July 8, 1964
WHEREAS Section 302(e) of the Federal Aviation Act of 1958 provides,
in part, that in the event of war the President by Executive order may
transfer to the Department of Defense any functions (including powers,
duties, activities, facilities, and parts of functions) of the Federal
Aviation Agency; and
WHEREAS it appears that the defense of the United States would
require the transfer of the Federal Aviation Agency to the Department of
Defense in the event of war; and
WHEREAS if any such transfer were to be made it would be essential to
the defense of the United States that the transition be accomplished
promptly and with maximum ease and effectiveness; and
WHEREAS these objectives require that the relationships that would
obtain in the event of such a transfer as between the Federal Aviation
Agency and the Department of Defense be understood in advance by the two
agencies concerned and be developed in necessary detail by them in
advance of transfer:
NOW, THEREFORE, by virtue of the authority vested in me by Section
302(e) (72 Stat. 746; 49 U.S.C.A 1343(c)), /2/ and as President of the
United States and Commander in Chief of the Armed Forces of the United
States, it is hereby ordered as follows:
SECTION 1. The Secretary of Defense and the Administrator of the
Federal Aviation Agency are hereby directed to prepare and develop
plans, procedures, policies, programs, and courses of action in
anticipation of the probable transfer of the Federal Aviation Agency to
the Department of Defense in the event of war. Those plans, policies,
procedures, programs, and courses of action shall be prepared and
developed in conformity with the following-described standards and
conditions--
(A) The Federal Aviation Agency will function as an adjunct of the
Department of Defense with the Administrator of the Federal Aviation
Agency being responsible directly to the Secretary of Defense and
subject to his authority, direction, and control to the extent deemed by
the Secretary to be necessary for the discharge of his responsibilities
as Secretary of Defense.
(B) To the extent deemed by the Secretary of Defense to be necessary
for the accomplishment of the military mission, he will be empowered to
direct the Administrator to place operational elements of the Federal
Aviation Agency under the direct operational control of appropriate
military commanders.
(C) While functioning as an adjunct of the Department of Defense, the
Federal Aviation Agency will remain organizationally intact and the
Administrator thereof will retain responsibility for administration of
his statutory functions, subject to the authority, direction, and
control of the Secretary of Defense to the extent deemed by the
Secretary to be necessary for the discharge of his responsibilities as
Secretary of Defense.
SEC. 2. In furtherance of the objectives of the foregoing provisions
of this order, the Secretary and the Administrator shall, to the extent
permitted by law, make such arrangements and take such actions as they
deem necessary to assure--
(A) That the functions of the Federal Aviation Agency are performed
during any period of national emergency short of war in a manner that
will assure that essential national defense requirements will be
satisfied during any such period of national emergency.
(B) Consistent with the provisions of paragraphs (A), (B), and (C) of
Section 1 of this order, that any transfer of the Federal Aviation
Agency to the Department of Defense, in the event of war, will be
accomplished smoothly and rapidly and effective operation of the
agencies and functions affected by the transfer will be achieved after
the transfer.
THE WHITE HOUSE,
July 7, 1964.
LYNDON B. JOHNSON
/2/ 49 U.S.C.A. 1343(c).
Executive Order No. 11160, 29 F.R. 9315, July 8, 1964
By virtue of the authority vested in me by the first section of the
Act of July 19, 1963 (Public Law 88-71, 77 Stat. 83, 42 U.S.C. 253a),
/1/ and as President of the United States, I hereby prescribe the
following regulations relating to the medical care of certain retired
personnel of the Coast and Geodetic Survey and dependents of Coast and
Geodetic Survey ships' officers and crew members, both active and
retired.
Section 1. Definitions. As used in these regulations, the term:
(1) "Retired ships' officer and retired crew member" means a
non-commissioned ships' officer or crew member of a vessel of the Coast
and Geodetic Survey who either was on active duty as a vessel employee
on July 19, 1963, and whose employment as such vessel employee was
continuous from that date until the date of his retirement, or who had
retired as a vessel employee on or before July 19, 1963.
(2) "Active duty ships' officer and active duty crew member" means a
noncommissioned ships' officer or crew member on active duty as a vessel
employee of the Coast and Geodetic Survey on July 19, 1963, and whose
employment as such vessel employee has been continuous from that time.
(3) "Dependent members of families", with respect to active duty or
retired ships' officers or crew members, means:
(A) the lawful wife;
(B) the unmarried legitimate child, including an adopted child or
stepchild, who has not passed his twenty-first birthday; and
(C) the father or mother, if in fact dependent upon such active duty
or retired ships' officer or crew member for over one-half of his or her
support.
(4) "Relief stations" means Public Health Service outpatient clinics
and outpatient offices.
(5) "Outpatient clinic" means a full-time outpatient medical
facility, operated in Federally owned or leased space under the
supervision of a commissioned medical officer or a full-time civil
service medical officer (formerly known as a Second-Class Relief
Station).
(6) "Outpatient office" means a part-time outpatient facility serving
all classes of legal beneficiaries, located in other than Federal space,
and in the charge of a local private physician under contract to the
Service to provide medical care on an annual or fee basis (formerly
known as a Third-Class Relief Station).
Sec. 2. Persons entitled to treatment. The following persons shall
be entitled to medical care under these regulations:
(1) Retired ships' officers and retired crew members of the Coast and
Geodetic Survey;
(2) Dependent members of families of persons described in paragraph
(1) of this section;
(3) Dependent members of families of active duty ships' officers and
crew members of the Coast and Geodetic Survey.
Sec. 3. Application for treatment; evidence of eligibility.
Persons entitled to medical care under Section 2 of these regulations,
when applying to Public Health Service medical care facilities for
medical care, shall produce proper identification, as issued to them by
the Coast and Geodetic Survey, and such identification shall be accepted
as evidence of eligibility for such medical care by the Service.
Sec. 4. Extent of treatment; retired ships' officers and crew
members. Subject to the limitation imposed by paragraph (2) of this
section, retired ships' officers and crew members entitled to medical
care under these regulations shall be furnished:
(1) Medical, surgical, and dental treatment at hospitals, outpatient
clinics, and outpatient offices of the Service, and hospitalization at
hospitals of the Service. The Service will not be responsible for
defraying the cost of hospitalization, medical services, and supplies
procured elsewhere.
(2) Dental treatment shall be furnished to the extent that facilities
and services at hospitals and outpatient clinics of the Service having
full-time dental officers on duty are available to provide such
treatment. At other Service facilities, dental treatment shall be
limited to emergency measures necessary to relieve pain.
Sec. 5. Extent of treatment; dependent members of families;
charges. (a) Dependent members of families shall be furnished medical
advice and outpatient treatment at hospitals, outpatient clinics, and
outpatient offices of the Service and, if suitable accommodations are
available, shall be furnished hospitalization at hospitals of the
Service. The Service will not be responsible for defraying the cost of
hospitalization, medical services, and supplies procured elsewhere.
(b) For the purpose of this section--
(1) Medical advice and outpatient treatment may include such services
and supplies as the Medical Officer in Charge may deem to be necessary
for reasonable and adequate treatment.
(2) Hospitalization shall be furnished when, in the opinion of the
Medical Officer in Charge, suitable accommodations are available and the
condition of the patient is such as to require hospitalization. When
hospitalization is authorized, it may include such services and supplies
as the Medical Officer in Charge may deem to be necessary for reasonable
and adequate treatment.
(c) Charges shall be made for hospitalization of dependent members of
families at the same per diem rate as is prescribed for dependents of
members of the uniformed services pursuant to section 1078(a) of Title
10 of the United States Code.
(d) Dental treatment may be furnished to the extent that facilities
and services at hospitals and outpatient clinics of the Service having
full-time dental officers are available to provide such treatment.
Dental care will not be furnished under any circumstances in private
facilities at the expense of the Service.
Sec. 6. Prior orders. Executive Order No. 9703 of March 12, 1946,
prescribing regulations relating to medical care of certain personnel of
the Coast Guard, Coast and Geodetic Survey, Public Health Service, and
former Lighthouse Service, is hereby amended to the extent necessary to
conform it to the provisions of this order.
THE WHITE HOUSE,
July 6, 1964.
LYNDON B. JOHNSON
/1/ 42 U.S.C.A. 253a.
Executive Order No. 11159, 29 F.R. 8137, June 26, 1964
By virtue of the authority vested in me as President of the United
States, it is ordered that Executive Order No. 11143 of March 2, 1964
(29 F.R. 3127), /17/ be, and it is hereby, amended by substituting "45
members" for "40 members" in subsection (b) of Section 1 thereof (48 CFR
2.1(b)).
THE WHITE HOUSE,
June 23, 1964.
LYNDON B. JOHNSON
/17/ 2964 U.S.Code Cong. & Adm.News, p. 467.
Executive Order No. 11158, 29 F.R. 7981, June 24, 1964
Under and by virtue of the authority vested in me by Article I of the
Agreement entitled "Agreement Between the United States of America and
the Republic of Austria Regarding the Return of Austrian Property,
Rights and Interests," which was signed at Washington on January 30,
1959, and was ratified by the United States on March 4, 1964, pursuant
to the advice and consent of the Senate of the United States on February
25, 1964, I hereby designate the Attorney General of the United States
as the officer authorized to administer and give effect to the
provisions of that Agreement.
The Attorney General is authorized to delegate any of the functions
conferred upon him by this order to any officer or employee of the
Department of Justice.
As used in this order, the term "functions" includes duties, powers,
responsibilities, authority, and discretion.
THE WHITE HOUSE,
June 22, 1964.
LYNDON B. JOHNSON
Executive Order No. 11157, 29 F.R. 7973, June 24, 1964
By virtue of the authority vested in me by sections 301(a) and (f),
305(a), 402(f), and 403(g) of title 37 of the United States Code /3/ and
as President of the United States and Commander in Chief of the armed
forces of the United States, it is hereby ordered as follows:
Section 101. For the purposes of these regulations:
(a) The term "aerial flight" shall be construed to mean flight in an
aircraft or glider; and a flight shall be deemed to begin when the
aircraft or glider takes off from rest at any point of support and to
terminate when it next comes to a complete stop at a point of support.
(b) The term "aviation accident" shall be construed to mean an
accident in which a member; who is required to participate frequently
and regularly in aerial flight is injured or otherwise incapacitated as
the result, as attested by the appropriate medical authority of the
uniformed service concerned, of (1) jumping from, being thrown from, or
being struck by, an aircraft or any part or auxiliary thereof, or (2)
participation in any duly authorized aerial flight or other aircraft or
glider operations.
Sec. 102. Under such regulations as the Secretary concerned may
prescribe, any member of the uniformed services, including members
assigned to special, administrative, or school duties, may be required
by competent orders to perform hazardous duty.
Sec. 103. (a) Each member who is required by competent orders to
participate frequently and regularly in aerial flights, other than
glider flights, shall make the flights required as a crew member or as a
non-crew member as directed by competent authority.
(b) Determinations as to what constitutes duty as a crew member and
duty as a non-crew member shall be made in accordance with regulations
prescribed by the Secretary concerned: Provided, That such
determinations shall be uniform for all the services to the fullest
extent practicable.
Sec. 104. Under such regulations as the Secretary concerned may
prescribe, members who are required by competent orders to participate
frequently and regularly in aerial flights, other than glider flights,
shall be required to meet the following minimum flight requirements,
except as otherwise provided in section 110 hereof, in order to be
entitled to receive incentive pay for the performance of hazardous duty.
(a) Minimum flight requirements for members on active duty who may
qualify for incentive pay under the provisions of section 301(a) of
title 37 of the United States Code:
(1) During one calendar month: 4 hours of aerial flight.
(2) During any two consecutive calendar months when the requirements
of clause (1) above have not been met: 8 hours of aerial flight.
(3) During any three consecutive calendar months when the
requirements of clause (2) above have not been met: 12 hours of aerial
flight.
(4) For fractions of a calendar month, the time of aerial flight
required shall bear the same ratio to the time required for a full
calendar month as the period in question bears to a full calendar month.
(5) For fractions of two consecutive calendar months, the period in
question shall be considered as a unit and the time of aerial flight
required shall bear the same ratio to the time required for a full
calendar month as the period in question bears to a full calendar month.
(6) Whenever, under authority conferred by the Secretary concerned,
the commanding officer of any member who has been required by competent
orders to participate frequently and regularly in aerial flights, other
than glider flights, certifies that on account of military operations of
the particular command or on account of the unavailability of aircraft
such member was unable to perform the aerial flights required by this
section, such member may comply with the minimum flight requirements by
performing at least 24 hours of aerial flight over a period of six
consecutive calendar months, and such requirements may be met at any
time during such period.
(b) Minimum flight requirements for members of reserve components of
the uniformed services on inactive-duty training who may qualify for
incentive pay under the provisions of section 301(f) of title 37 of the
United States Code:
(1) During one calendar month: 2 hours of aerial flight.
(2) During any two consecutive calendar months, when the requirements
of clause (1) above have not been met: 4 hours of aerial flight.
(3) During any three consecutive calendar months when the
requirements of clause (2) above have not been met: 6 hours of aerial
flight.
(4) For fractions of a calendar month, the time of aerial flight
required shall bear the same ratio to the time required for a full
calendar month as the period in question bears to a full calendar month.
(5) For fractions of two consecutive calendar months, the period in
question shall be considered as a unit and the time of aerial flight
required shall bear the same ratio to the time required for a full
calendar month as the period in question bears to a full calendar month.
(c) Minimum flight requirements for members of reserve components of
the uniformed services who perform both active-duty and inactive-duty
training during the same calendar month and who may qualify for
incentive pay under the provisions of both sections 301(a) and 301(f) of
title 37 of the United States Code:
(1) For periods of active duty, those prescribed by clause (4) of
subsection (a) of this section.
(2) For periods of inactive-duty training, those prescribed by clause
(4) of subsection (b) of this section.
However, the total flight requirements as determined by clauses (1)
and (2) of this subsection may be met at any time during such calendar
month.
(i) on inactive-duty training, or
(ii) on active-duty and inactive-duty training,
if the inactive-duty flight requirement for such month has been met.
Sec. 105. Members shall not be entitled to receive incentive pay for
participation in aerial flights for any period while suspended from such
participation, unless such suspension is subsequently removed and the
minimum flight requirements prescribed in section 104 hereof have been
complied with, except as otherwise provided in section 110 hereof.
Sec. 106. As determined by the Secretary of the Navy, members who,
pursuant to competent orders, are attached to a submarine which is in an
active status and members qualified in submarines who, pursuant to
competent orders, are assigned as prospective crew members of a
submarine under construction or are receiving instruction to prepare for
assignment to a submarine of advanced design or for a position of
increased responsibility on a submarine shall be entitled to receive
incentive pay for the performance of submarine duty. In the case of
nuclear-powered submarines this entitlement shall include periods of
training and rehabilitation after assignment thereto. A member who,
pursuant to competent orders, performs duty as an operator or crew
member of an operational, self-propelled submersible, including undersea
exploration and research vehicles, shall likewise be entitled to receive
incentive pay for the performance of submarine duty.
Sec. 107. (a) Members who are qualified as glider personnel under
such regulations as the Secretary concerned may prescribe, or who are
undergoing training for such qualification, and who are required by
competent orders to participate frequently and regularly in glider
flights shall be required to perform one or more glider flights, without
regard to duration thereof, during any three consecutive calendar months
in order to be entitled to receive incentive pay for such period.
(b) Whenever, under authority conferred by the Secretary concerned,
the commanding officer of any member who has been required by competent
orders to participate frequently and regularly in 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, such member was unable
to perform the glider flights required by this section, such member may
comply with the minimum flight requirements by performing four or more
glider flights, without regard to duration thereof, during a period of
12 consecutive calendar months, and such requirements may be met at any
time during such period.
(c) Members of reserve components of the uniformed services who have
complied with the requirement prescribed in this section shall be
entitled to receive incentive pay for both active-duty and inactive-duty
training performed during such period.
Sec. 108. (a) As used in section 301(a) of title 37 of the United
States Code, the term "duty involving parachute jumping as an essential
part of military duty" shall be construed to mean duty performed by
members who, under such regulations as the Secretary concerned may
prescribe, have received a rating as a parachutist or parachute rigger,
or are undergoing training for such a rating, and who are required by
competent orders to engage in parachute jumping from an aircraft in
aerial flight.
(b) Members required by competent orders to engage in parachute
jumping shall be required to perform one or more parachute jumps from an
airplane in flight during any three consecutive calendar months in order
to be entitled to receive incentive pay for such period.
(c) Whenever, under authority conferred by the Secretary concerned,
the commanding officer of any member who has been required by competent
orders to participate in parachute jumping certifies that on account of
the absence of jump equipment or aircraft or on account of military
operations of the particular command such member was unable to make the
jumps required by this subsection, such member may comply with the
minimum requirements by performing four jumps during a period of 12
consecutive calendar months, and such requirements may be met at any
time during such period.
(d) Members of reserve components of the uniformed services who have
complied with the requirements prescribed in this section shall be
entitled to receive incentive pay for both active-duty and inactive-duty
training performed during such period.
Sec. 109. As used in section 301(a) of title 37 of the United States
Code--
(a) The term "duty involving intimate contact with persons afflicted
with leprosy" shall be construed to mean duty performed by any member
who is assigned by competent orders to a leprosarium for the performance
of duty for a period of 30 days or more or for a period of instruction,
whether or not such leprosarium is under the jurisdiction of one of the
uniformed services.
(b) The term "duty involving the demolition of explosives" shall be
construed to mean duty performed by members who, pursuant to competent
orders and as a primary duty assignment (1) demolish by the use of
explosives underwater objects, obstacles, or explosives, or recover and
render harmless, by disarming or demolition, explosives which have
failed to function as intended or which have become a potential hazard;
(2) participate as students or instructors in instructional training,
including that in the field or fleet, for the duties described in clause
(1) hereof, provided that live explosives are used in such training;
(3) participate in proficiency training, including that in the field or
fleet, for the maintenance of skill in the duties described in clause
(1) hereof, provided that live explosives are used in such training; or
(4) experiment with or develop tools, equipment, or procedures for the
demolition and rendering harmless of explosives, provided that live
explosives are used.
(c) The term "duty inside a high- or low-pressure chamber" shall be
construed to mean duty performed within pressure chambers at
physiological facilities by members assigned to that duty.
(d) The term "duty as human acceleration or deceleration experimental
subject" shall be construed to mean duty performed by members exposed as
human acceleration or deceleration experimental subjects utilizing
experimental acceleration or deceleration devices.
(e) The term "duty as human test subject in thermal stress
experiments" shall be construed to mean duty performed by members
exposed as human thermal experimental subjects in thermal stress
experiments conducted under the supervision of any laboratory designated
by the Secretary concerned.
Sec. 110. Any member who is required by competent orders to perform
hazardous duty, or multiple hazardous duties, and who becomes injured or
otherwise incapacitated as a result of the performance of any such
hazardous duty, by aviation accident or otherwise, shall be deemed to
have fulfilled all of the requirements for the performance of all
hazardous duties which he is required by competent orders to perform,
for a period not to exceed three months following the date as of which
such incapacity is determined by the appropriate medical authority.
Sec. 111. Members required by competent orders to perform hazardous
duty shall, upon compliance with the requirements of these regulations,
be entitled to receive incentive pay during authorized leaves of
absence.
Sec. 112. Under such regulations as the Secretary concerned may
prescribe, a member who performs multiple hazardous duties under
competent orders may be paid not more than two payments of incentive pay
for a period of time during which he qualifies for more than one such
payment. Dual payments of incentive pay shall be limited to those
members who are required by competent orders to perform specific
multiple hazardous duties in order to carry out their assigned missions.
Sec. 113. The Secretaries concerned are hereby authorized to
prescribe such supplementary regulations not inconsistent herewith as
they may deem necessary or desirable for carrying out these regulations,
and such supplementary regulations shall be uniform for all the services
to the fullest extent practicable.
Sec. 201. Enlisted members entitled to receive basic pay shall be
entitled to receive, additionally, sea-duty pay while on sea duty as
defined in section 202 hereof, the period of such duty to include the
date of reporting and the date of detachment as stated in orders.
Sec. 202. (a) For additional-pay purposes, and except as otherwise
provided in section 203 hereof, the term "sea duty" shall mean duty
performed by enlisted members:
(1) While permanently assigned to a vessel, ship-based staff, or
ship-based aviation unit pursuant to orders issued by competent
authority, including--
(i) periods not in excess of 15 consecutive days each while on
temporary additional duty ashore or while temporarily based ashore.
(The term "temporarily based ashore" refers to a ship-based staff or a
ship based aviation unit that has been landed ashore with intent to
return to a ship.)
(ii) periods during which messing or berthing facilities, or both,
are temporarily out of operation to permit alterations or repairs.
(2) While in a vessel pursuant to orders to temporary additional duty
or temporary duty on that vessel issued by competent authority although
based or stationed ashore, but only when such duty is eight days or more
in duration in each case.
(3) While in a vessel in an inactive duty status, special status, or
in a non-self-propelled vessel, but only on days when such vessel is
operating at sea for a period of eight days or more in each case.
(4) While permanently assigned, pursuant to orders issued by
competent authority, to a commissioned landing-craft squadron on a
commissioned motor-torpedo-boat squadron which is a tactical component
of an operating fleet in an active status and the craft of which are
equipped with berthing and messing facilities.
(5) While assigned to an artificial island (such as a Texas Tower)
located on the outer Continental Shelf outside the territorial waters of
the United States pursuant to orders issued by competent authority,
including periods not in excess of 15 consecutive days each while on
duty ashore or temporarily based ashore.
(6) While on an artificial island (such as a Texas Tower) located on
the outer Continental Shelf outside the territorial waters of the United
States pursuant to orders issued by competent authority although based
or stationed ashore, but only when such duty is eight consecutive days
or more in duration in each case.
(b) For the purposes of this section, and except as provided in
subsection (a) (3) hereof, the word "vessel" or "ship" shall mean a
self-propelled vessel in an active status, in commission or in service,
and equipped with berthing and messing facilities.
Sec. 203. Except as provided in sections 202(a)(2), (3), (5), and
(6) hereof, no enlisted member shall, for additional-pay purposes, be
considered to be on sea duty:
(a) While on duty in a receiving ship or station ship.
(b) While on duty in a vessel which is in an inactive status.
(c) While on duty with an administrative or maintenance organization
that is permanently based ashore.
Sec. 204. Enlisted members entitled to receive basic pay shall be
entitled to receive, additionally, pay under the rates prescribed by
section 305(a) of title 37 of the United States Code, while on duty at
places that are outside the contiguous 48 States and the District of
Columbia and that are designated for this purpose by the Secretary of
Defense or, in the cise of enlisted members of the Coast Guard when it
is not operating as a service in the Navy, by the Secretary of the
Treasury. Subject to the provisions of section 305 of title 37 of the
United States Code, an enlisted member who is permanently assigned to
duty at a place so designated is entitled to receive that pay during a
period of authorized leave, temporary additional duty, temporary duty,
or hospitalization, or while on an operational aircraft flight, but not
for more than 30 days while he is away from that place.
Sec. 205. Unless otherwise entitled to special pay in accordance
with the last sentence of section 204, hereof, during periods spent on
temporary additional duty or temporary duty, or on operational aircraft
flights, pay in accordance with section 204 shall accrue to enlisted
members only for periods of eight continuous days or more in duration at
places designated, including the dates of arrival at, and the dates of
departure, from those places.
Sec. 206. Enlisted members shall not be entitled to additional pay
under this order for duty which, under the provisions of supplementary
regulations prescribed hereunder, does not constitute either sea duty or
duty described in sections 204 and 205 hereof.
Sec. 207. No enlisted member shall be entitled under this order to
receive both sea-duty pay and pay for duty described in sections 204 and
205 hereof for the same period of time; nor sea-duty pay and credit for
basic allowances for subsistence for the same period of time except
period during which messing facilities are temporarily out of operation
to permit alterations or repairs and periods during which the member is
on leave beyond the contiguous 48 States and the District of Columbia.
Sec. 208. The Secretaries concerned (within the meaning of section
101(5) of title 37 of the United States Code), with respect to personnel
of the uniformed services within their respective departments, are
hereby authorized to prescribe such supplementary regulations, not
inconsistent herewith, as they may deem necessary or desirable for
carrying out these regulations, and such supplementary regulations shall
be uniform for all the services to the fullest extent practicable.
Sec. 301. Enlisted members who are being subsisted in kind in a mess
and whose duties require them to be absent from their station during one
or more meals shall be entitled for each such meal to a pro-rated share
of the daily basic allowance for subsistence authorized for members on
duty at stations where rations in kind are not available. The Secretary
of Defense, the Secretary of the Treasury, and the Secretary of Commerce
are hereby authorized to establish the amount of the pro-rated share of
the daily basic allowance for subsistence applicable to each one of the
three daily meals, which amount shall be uniform for all the services
concerned. The total of the amounts of the shares for the three daily
meals shall not exceed the amount of the basic daily allowance for
subsistence authorized by section 402 of title 37 of the United States
Code.
Sec. 302. The Secretary of Defense, the Secretary of the Treasury,
the Secretary of Commerce, and the Secretary of Health, Education, and
Welfare with respect to the personnel of the uniformed services within
their respective agencies, are hereby authorized, subject to the
provisions of section 303 hereof, to prescribe such supplemental
regulations, not inconsistent herewith, as they may deem necessary or
desirable for carrying out the provisions of this part and of the said
section 402 of title 37 of the United States Code: Provided, That such
regulations shall be uniform so far as practicable for all the services
concerned.
Sec. 303. As used in regulations prescribed pursuant to section 302
hereof, those terms of the said section 402 of title 37 of the United
States Code which are quoted in the subsections of this section shall
have the meaning or application stated with respect thereto:
(a) The term "entitled to receive basic pay" shall be considered
applicable to members while they are on the active list or while they
are required to perform duty in accordance with law for which they are
entitled to basic pay: Provided, That such term shall not be applicable
to any member while absent from duty under conditions which, under laws
governing the particular service concerned, would prevent him from
receiving full basic pay.
(b) The term "when rations in kind are not available" shall be
considered applicable in the case of enlisted members on duty at
stations where it is determined, in accordance with regulations
prescribed pursuant to section 302 hereof, that it is impracticable for
subsistence in kind to be furnished by the United States.
(c) The term "when permission to mess separately is granted" shall be
considered applicable in the case of enlisted members on duty at
stations or while sick in hospitals where a mess for subsisting enlisted
members is available and when such enlisted members are authorized to
subsist themselves independently. Such term shall also be considered
applicable in the case of enlisted members during all periods of
authorized leave, including periods of leave or delay while en route
between duty stations.
(d) The term" when assigned to duty under emergency conditions where
no messing facilities of the United States are available" shall be
considered applicable in the case of enlisted members assigned to duty
under conditions requiring extraordinary expenses for subsistence as
determined in accordance with regulations prescribed pursuant to section
302 hereof.
(e) The term "being subsisted at the expense of the United States"
shall be considered applicable to enlisted members who are subsisted in
kind by the United States and to enlisted members while they are in a
travel status and are entitled to a per-diem allowance in lieu of
subsistence or to a mileage allowance.
Sec. 401. As used in this part:
(a) The term "entitled to receive basic pay" shall apply to a member
while on the active list or while required to perform duty in accordance
with law for which he is entitled to basic pay: Provided, That such
term shall not apply to any member while absent from duty under
conditions which, under laws governing the particular service concerned,
would prevent him from receiving full basic pay.
(b) The term "field duty" shall mean service by a member under orders
with troops operating against an enemy, actual or potential, or service
with troops on maneuvers, war games, field exercises, or similar types
of operations.
(c) The term "sea duty" shall mean service performed by either
officer or enlisted members under conditions for which "sea duty" pay is
payable to enlisted members in accordance with section 305 of title 37
of the United States Code, and regulations issued thereunder.
(d) The term "permanent station" shall mean the place on shore where
a member is assigned to duty, or the home yard or the home port of a
ship in which a member is required to perform duty, under orders in each
case which do not in terms provide for the termination thereof; and any
station on shore or any receiving ship where a member is assigned and in
fact occupies, with his dependents, if any, quarters under the
jurisdiction of any of the uniformed services shall also be deemed
during such occupancy to be his permanent station: Provided, That in
the case of members of the National Guard, the Air National Guard or
reserve components or any of the uniformed services on active duty for
training, the place where the training duty is being performed shall be
deemed to be the permanent station of such members for the purposes of
these regulations.
Sec. 402. Except as otherwise by statute heretofore or hereafter
provided, a member shall be entitled to payment of basic allowances for
quarters, in accordance with these regulations and any regulations
prescribed pursuant hereto, during such time or times as he is entitled
to receive basic pay.
Sec. 403. Any quarters or housing facilities under the jurisdiction
of any of the uniformed services in fact occupied without payment of
rental charges (a) by a member and his dependents, or (b) at his
permanent station by a member without dependents, or (c) by the
dependents of a member on field duty or on sea duty or on duty at a
station where adequate quarters are not available for his dependents,
shall be deemed to have been assigned to such members as appropriate and
adequate quarters, and no basic allowance for quarters shall accrue to
such member under such circumstances unless the occupancy (i) occurs
while such member is in a duty or leave status incident to a change of
permanent station and is of a temporary nature under standards
prescribed by regulations issued by the Secretary of Defense in the case
of members of the Army, Navy, Air Force, or Marine Corps, and the
reserve components thereof, or by the appropriate Secretary in the case
of members of the other uniformed services, or (ii) occurs while such
member is in a leave status not incident to a change of permanent
station and does not exceed seven consecutive days at one location:
Provided, That occupancy of quarters under such circumstances for a
period in excess of such 7-day period of such other temporary period as
may be authorized under standards prescribed by regulations issued by
the Secretary concerned shall not result in a forfeiture of basic
allowance for quarters for such 7-day or other authorized period:
Provided further, That this paragraph shall not apply to occupancy of
quarters as a guest of another member.
Sec. 404. When adequate quarters for his dependents are not
available for assignment at his permanent station to a member with
dependents, he may occupy quarters of the United States designated for
members without dependents without affecting his right to receive
payment of basic allowances for quarters, if permitted or required to
occupy quarters at such station. Under such circumstances, a member may
not occupy quarters of the United States which exceed the minimum
standards for members of his grade without dependents, as prescribed by
the Secretary concerned, unless the only quarters available (a) exceed
the minimum standards, and (b) are made available for joint occupancy
with other members.
Sec. 405. A member away from his permanent station may occupy
quarters of the United States designated for members without dependents
at his temporary duty station without affecting his right to receive
payment of basic allowances for quarters or assignment of quarters, if
any, at his permanent station. Under such circumstances, a member may
not occupy quarters of the United States which exceed the minimum
standards for members of his grade without dependents, as prescribed by
the Secretary concerned, unless the only quarters available (a) exceed
the minimum standards, and (b) are made available for joint occupancy
with other members.
Sec. 406. A member serving outside the United States, its
territories, or possessions in a duty assignment which has official or
diplomatic responsibilities involving officials of foreign governments
may be assigned quarters in excess of the minimum standards set forth in
section 404 and 405 hereof, as prescribed by the Secretary concerned:
Provided, That no such quarters shall be available on a continuous basis
for single occupancy, if such quarters are otherwise adequate for
assignment as family housing to members of similar rank.
Sec. 407. The Secretaries concerned (within the meaning of section
101(5) of title 37 of the United States Code), with respect to personnel
of the uniformed services within their respective departments, are
hereby authorized to prescribe such supplementary regulations not
inconsistent herewith as they may deem necessary or desirable for
carrying out these regulations, and such supplementary regulations shall
be uniform for all the services to the fullest extent practicable.
Sec. 408. Unless the Secretary concerned, or his designee,
determines that military operational conditions require otherwise, a
commissioned officer without dependents who is in a pay grade above pay
grade 9-3 and who is assigned to quarters of the United States or a
housing facility under the jurisdiction of a uniformed service,
appropriate to his grade or rank and adequate for himself, may elect not
to occupy those quarters and instead to receive the basic allowance for
quarters prescribed for his pay grade by section 403 of title 37 of the
United States Code.
Sec. 501. For the purposes of these regualtions, the terms defined
in sections 101 and 401 of title 37 of the United States Code shall have
the meanings prescribed therein.
Sec. 502. The following Executive orders are revoked:
(a) Executive Order No. 10119 of March 27, 1950. /4/
(b) Executive Order No. 10152 of August 17, 1950. /5/
(c) Executive Order No. 10168 of October 11, 1950. /6/
(d) Executive Order No. 10204 of January 15, 1951. /7/
(e) Executive Order No. 10605 of April 22, 1955. /8/
(f) Executive Order No. 10618 of June 28, 1955. /9/
(g) Executive Order No. 10681 of October 22, 1956. /10/
(h) Executive Order No. 10739 of November 15, 1957. /11/
(i) Executive Order No. 10821 of May 20, 1959. /12/
(j) Executive Order No. 10892 of November 8, 1960 . /13/
(k) Executive Order No. 10989 of January 22, 1962. /14/
(l) Executive Order No. 11120 of October 2, 1963. /15/
(m) Executive Order No. 11146 of March 13, 1964. /16/
THE WHITE HOUSE,
June 22, 1964.
LYNDON B. JOHNSON
/3/ 37 U.S.C.A. 301(a), (f), 305(a), 402(f), 403(g).
/4/ 37 U.S.C.A. 251 note.
/5/ 37 U.S.C.A. 301 note.
/6/ 37 U.S.C.A. 305 note.
/7/ 37 U.S.C.A. 403 note.
/8/ 37 U.S.C.A. 402 note.
/9/ 37 U.S.C.A. 301 note.
/10/ 1956 U.S.Code Cong. & Adm.News, p. 4957.
/11/ 1957 U.S.Code Cong. & Adm.News, p. 944.
/12/ 37 U.S.C.A. 305 note.
/13/ 37 U.S.C.A. 301 note.
/14/ 37 U.S.C.A. 305 note.
/15/ 37 U.S.C.A. 301, 305, 403 notes.
/16/ 1964 U.S.Code Cong. & Adm.News, p. 593.
Executive Order No. 11156, 29 F.R. 7855, June 20, 1964
By virtue of the authority vested in me as President of the United
States it is ordered as follows:
Section 1. Committee established. (a) There is hereby established a
Maritime Advisory Committee (hereinafter referred to as the Committee).
The Committee shall be composed of:
(1) An equal number of representatives of the public at large, labor,
and management, respectively, who shall be designated by the President
and shall serve at his pleasure.
(2) The Secretary of Commerce, who shall serve as chairman of the
Committee.
(3) The Secretary of Labor.
(b) The Secretary of State, the Secretary of Agriculture, the
Secretary of the Navy, the Administrator of the Maritime Administration,
and the Director of the Federal Mediation and Conciliation Service or
their designee shall be present at all meetings of the Committee.
Sec. 2. Functions of the Committee. The Committee shall consider
such matters of policy and administration of government programs
affecting the Maritime industry as it deems to be in the public
interest, including policies and practices which may be followed by
labor, management, or the Government for strengthening the trade,
national defense, manpower, and labor relations programs of the Maritime
industry. The Committee shall also be the forum within which the
recommendations of the representatives of public, labor an management
members with respect to these matters shall be presented to and
discussed with the Secretaries of Labor and Commerce and such other
Federal officials designated in Section 1 as may be appropriate.
Sec. 3. Procedure; agency cooperation. Subject to law, the
Committee may use available appropriate studies and resources of Federal
departments, agencies, committees, and commissions. All such
departments, agencies, committees, and commissions shall cooperate with
the Committee by furnishing information which it requests insofar as is
reasonable and not inconsistent with law.
Sec. 4. Expenditures. (a) As may be necessary for the effectuation
of the purposes of this order, each agency the head of which is a member
of the Committee under the provisions of Section 1(a) hereof shall
furnish assistance to the Committee as permitted by law, including
Section 214 of the Act of May 3, 1945, 69 Stat. 134 (31 U.S.C. 691).
/1/
(b) Members of the Committee shall receive no compensation from the
United States by virtue of this order except that those members under
Section 1(a) (1) who are representatives of the public at large shall
each receive compensation of $75 for each day such member is engaged in
meetings of the Committee or is with the approval of the Chairman of the
Committee engaged in other work in pursuance of this order. Members of
the Committee under Section 1(a) (1) hereof may be allowed travel
expenses and per diem in lieu of subsistence as authorized by law (5
U.S.C. 73b-- 2) /2/ for persons serving without compensation.
Sec. 5. Construction. All functions of the Committee under the
foregoing provisions of this order shall be deemed to be advisory only;
accordingly, no Federal function, agency, or officer (including any
Federal officer who under this order is a member of or may participate
in the affairs of the Committee) shall be subject to control by the
Committee or by any action taken by the Committee.
THE WHITE HOUSE,
June 17, 1964.
LYNDON B. JOHNSON
/1/ 31 U.S.C.A. 691.
/2/ 5 U.S.C.A. 73b-- 2.
Executive Order No. 11155, 29 F.R. 6909, May 27, 1964
WHEREAS it is necessary in the national interest that the Federal
Government encourage high attainment by students in secondary schools,
both public and private, throughout the Nation, and
WHEREAS national recognition of scholastic attainments will tend to
enhance the accomplishments of such students generally and their
potential after graduation:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is ordered as follows:
Section 1. There is hereby established the Commission on
Presidential Scholars (hereinafter referred to as the Commission). The
Commission shall be composed of such members as the President may
appoint from time to time from among appropriately qualified citizens of
the Commissioner of Education, Department of Health, Education, and
Welfare, as National Teacher of the Year shall be one of the members of
the Commission for a period terminating one year after the date of his
or her selection as National Teacher of the Year or at such earlier time
as a next-succeeding National Teacher of the Year is chosen. The
President shall designate one of the members as chairman of the
Commission. Members of the Commission shall serve at the pleasure of
the President and without compensation from the United States.
Sec. 2. The Commission, in accordance with such standards and
procedures as it may prescribe and on the basis of its independent
judgment, shall annually choose Presidential Scholars, subject to the
following:
(1) The Presidential Scholars shall be chosen from among persons who
have recently been graduated, or are about to be graduated, from
secondary schools, public or private.
(2) They shall be chosen on the basis of their outstanding
scholarship.
(3) One boy and one girl shall be chosen as Presidential Scholars
from each of the following, namely:
(i) Each State of the United States.
(ii) The District of Columbia.
(iii) The Commonwealth of Puerto Rico.
(iv) The following, collectively: American Samoa, Canal Zone, Guam,
Virgin Islands, Trust Territory of the Pacific Islands, and, if the
Commission in its discretion shall so determine, other places overseas.
In respect of the said other places overseas, only children whose
parents are citizens of the United States shall be eligible to be chosen
hereunder as Presidential Scholars from those places.
(4) In addition to the 106 Presidential Scholars provided for in
paragraph (3), above, the Commission may choose other Presidential
Scholars, not exceeding fifteen in number for any one year, to be chosen
at large from the jurisdiction referred to in that paragraph.
Sec. 3. There is hereby established the Presidential Scholars
Medallion which shall be of such design and material as the President
shall approve and shall be presented to each Presidential Scholar chosen
by the Commission under this order.
Sec. 4. As necessary and subject to law, the Office of Education,
Department of Health, Education, and Welfare, shall facilitate, or make
arrangements for facilitating the carrying out of the purposes of this
order.
THE WHITE HOUSE,
May 23, 1964.
LYNDON B. JOHNSON
Executive Order No. 11154, 29 F.R. 6233, May 12, 1964
WHEREAS J. Edgar Hoover, Director of the Federal Bureau of
Investigation, will, during the month of January 1965, become subject to
compulsory retirement for age under the provisions of the Civil Service
Retirement Act, unless exempted therefrom; and
WHEREAS, in my judgment, the public interest requires that Mr. Hoover
be exempted from such compulsory retirement:
NOW, THEREFORE, by virtue of and pursuant to the authority vested in
me by section 5 of the Civil Service Retirement Act, 70 Stat. 748 (5
U.S.C. 2255), /1/ I hereby exempt J. Edgar Hoover from compulsory
retirement for age for an indefinite period of time.
Except as the authority vested in the President by section 5 of the
Civil Service Retirement Act is specifically exercised in this Order,
nothing contained in this Order shall be deemed to limit or restrict in
any manner the exercise of such authority by the Civil Service
Commission under authority delegated to the Commission by section 2(c)
of Executive Order No. 10530 of May 10, 1954, as amended by Executive
Order No. 10682 of October 22, 1956. /2/
THE WHITE HOUSE,
May 8, 1964.
LYNDON B. JOHNSON
/1/ 5 U.S.C.A. 2255.
/2/ 3 U.S.C.A. 301 note.
Executive Order No. 11153, 29 F.R. 5335, April 21, 1964
By virtue of the authority vested in me by section 6103(a) of the
Internal Revenue Code of 1954 (68A Stat. 753; 26 U.S.C. 6103(a)), /4/
it is hereby ordered that any income, estate, or gift tax return for the
years 1960 to 1964, inclusive, shall, during the Eighty-eighth Congress,
be open to inspection by the Senate Committee on the Judiciary or any
duly authorized subcommittee thereof, in connection with its study and
investigation of the applicability of the antitrust and monopoly laws of
the United States to professional boxing, pursuant to Senate Resolution
262, 88th Congress, agreed to February 10, 1964. Such inspection shall
be in accordance and upon compliance with the rules and regulations
prescribed by the Secretary of the Treasury in Treasury Decision 6132,
relating to the inspection of returns by committees of the Congress,
approved by the President on May 3, 1955.
This order shall be effective upon its filing for publication in the
FEDERAL REGISTER.
THE WHITE HOUSE,
April 17, 1964.
LYNDON B. JOHNSON
/4/ 26 U.S.C.A.(I.R.C.1954) 6103(a).
Executive Order No. 11152, 29 F.R. 5271, April 17, 1964
WHEREAS various Federal programs and activities have a significant
impact on the demand, supply, development, and utilization of manpower
for the Nation; and
WHEREAS sound public policy requires an assessment of present and
anticipated manpower resources and requirements of the Nation, including
the direct and indirect impact of Federal policies, programs, and
activities, and their interrelationship with other sectors of the
economy; and
WHEREAS the Manpower Development and Training Act of 1962, as amended
(42 U.S.C. 2571 et seq.), /1/ requires the Federal Government to
appraise the manpower requirements and resources of the Nation, and
directs the President to report to the Congress each year on manpower
requirements, resources, use, and training; and
WHEREAS as provisions of Title I of that Act require the Secretary of
Labor to report and make recommendations to the President on manpower
requirements, resources, use, and training:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is ordered as follows:
Section 1. Establishment of the Committee. (a) There is hereby
established a President's Committee on Manpower (hereinafter referred to
as the "Committee").
(b) The Committee shall be composed of the Secretary of Labor, who
shall be the Chairman, the Secretary of Defense, the Secretary of the
Interior, the Secretary of Agriculture, the Secretary of Commerce, the
Secretary of Health, Education, and Welfare, the Chairman of the Atomic
Energy Commission, the Director of the National Science Foundation, the
Administrator of the National Aeronautics and Space Administration, the
Chairman of the Civil Service Commission, the Director of Selective
Service, and such other heads of Federal agencies as the President may
designate.
(c) The Chairman may invite the head of any other Federal agency to
participate in meetings of the Committee when matters of substantial
interest to such agency head are to be considered by the Committee.
(d) The Director of the Bureau of the Budget, the Chairman of the
Council of Economic Advisers, the Director of the Office of Emergency
Planning, and the Director of the Office of Science and Technology may
each designate a member of his staff to attend meetings of the Committee
as an observer.
Sec. 2. Functions of the Committee. (a) To assist in carrying out
Federal functions under the Manpower Development and Training Act of
1962, as amended, the Committee (1) shall assist the Secretary of Labor,
as requested by him, in assessing the Nation's current and prospective
manpower requirements and supplies, including the direct and indirect
effect of Federal programs, and in developing recommendations to deal
with current and prospective manpower problems, and (2) shall advise the
Secretary of Labor and other Federal officials, as appropriate, in
developing improved methods and programs for appraising national
manpower needs and resources.
(b) In carrying out these functions the Committee shall:
(1) Evaluate and, where appropriate, recommend improvements in
methods and programs for assessing (i) present and anticipated manpower
resources and requirements of the Nation, and (ii) in particular, the
present and anticipated direct and indirect impact of Federal programs
and activities on the Nation's manpower.
(2) Evaluate and make recommendations for the coordination within the
Government of information, projections, research, and action programs
concerned with measuring and projecting manpower needs and supplies.
(3) Make recommendations to appropriate Federal officials concerning
procedures for obtaining consistency among projections of national
manpower resources and requirements, and consult with the Chairman of
the Council of Economic Advisers with a view to obtaining consistency
between the Government's manpower projections and estimates of current
and foreseeable trends in the levels of employment, production, and
purchasing power made pursuant to section 3(a) of the Employment Act of
1946 (15 U.S.C. 1022(a)). /2/
(4) Make recommendations to appropriate officials concerning (i)
information needed from Federal agencies in order to carry out the
purposes of this order, (ii) the desirable form and manner of reporting
such information, and (iii) the techniques and guidelines to be used in
developing information and preparing such reports as may be prescribed
by appropriate authority in order to obtain consistency among agency
reports.
Sec. 3. Administrative arrangements. In consonance with the
provisions of section 214 of the Act of May 3, 1945 (59 Stat. 134, 31
U.S.C. 691), /3/ and as may be necessary for effectuating the purposes
of this order, (1) the Department of Labor shall provide administrative
services and general staff support for the Committee, and (2) each
Federal agency represented on the Committee (including the Department of
Labor) shall furnish the Committee other necessary assistance in
accordance with the said section 214.
Sec. 4. Construction. Nothing in this order shall be construed to
abrogate, modify, or restrict any function vested by law in, or assigned
pursuant to law to, any Federal agency or any officer thereof.
Approved:
THE WHITE HOUSE,
April 15, 1964.
LYNDON B. JOHNSON
/1/ 42 U.S.C.A. 2571 et seq.
/2/ 15 U.S.C.A. 1022(a).
/3/ 31 U.S.C.A. 691.
Executive Order No. 11151, 29 F.R. 4989, April 10, 1964
By virtue of the authority vested in me by Section 5785(b) of Title
10 of the United States Code, /7/ I hereby suspend the provisions of
Section 5770 of Title 10 of the United States Code /8/ which require
certain male officers on the active list in the line of the Navy to have
had specified sea or foreign service before they may be promoted.
THE WHITE HOUSE,
April 8, 1964.
LYNDON B. JOHNSON
/7/ 10 U.S.C.A. 5785(b).
/8/ 10 U.S.C.A. 5770.
Executive Order No. 11150, 29 F.R. 4789, April 4, 1964
WHEREAS the people of the State of Alaska have experienced death,
injury and property loss and damage of staggering proportions as a
result of the earthquake of March 27, 1964; and
WHEREAS the President, acting pursuant to authority granted in the
Act of September 30, 1950, as amended (42 U.S.C. 1855-1855g), /4/ has
declared a major disaster in those areas of Alaska adversely affected by
the earthquake beginning on March 27, 1964; and
WHEREAS the Federal Government and the State of Alaska desire to
cooperate in the prompt reconstruction of the damaged Alaska
communities; and
WHEREAS the Federal and State Governments have a common interest in
assuring the most effective use of Federal and State programs and funds
in advancing reconstruction and the long-range development of the State;
and
WHEREAS such effective use is dependent upon coordination of Federal
and State programs, including emergency reconstruction activities, which
affect general economic development of the State and the long-range
conservation and use of natural resources; and
WHEREAS the Governor of Alaska has declared his intention to
establish a State commission for reconstruction and development
planning:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is ordered as follows:
Section 1. Establishment of Commission. (a) There is hereby
established the Federal Reconstruction and Development Planning
Commission for Alaska (hereinafter referred to as the Commission).
(b) The Commission shall be composed of a Chairman, who shall be
designated by the President, the Secretary of Defense, the Secretary of
the Interior, the Secretary of Agriculture, the Secretary of Commerce,
the Secretary of Labor, the Secretary of Health, Education, and Welfare,
the Administrator of the Small Business Administration, the Chairman of
the Federal Power Commission, and, so long as the President's
declaration of a major disaster is in effect, the Director of the Office
of Emergency Planning. Each agency head may designate an alternate to
represent him at meetings of the Commission which he is unable to
attend.
(c) The Chairman may request the head of any Federal executive
department or agency who is not a member of the Commission under the
provisions of subsection (b), above, to participate in meetings of the
Commission concerned with matters of substantial interest to such
department or agency head.
(d) The President shall designate an Executive Director of the
Commission, whose compensation shall be fixed in accordance with the
standards and procedures of the Classification Act of 1949, as amended.
/5/
Sec. 2. Functions of the Commission. (a) The Commission shall
develop coordinated plans for Federal programs which contribute to
reconstruction and to economic and resources development in Alaska and
shall recommend appropriate action by the Federal Government to carry
out such plans.
(b) When the Governor of Alaska has designated representatives of the
State of Alaska for purposes related to this order, the Commission shall
cooperate with such representatives in accomplishing the following:
(1) Making or arranging for surveys and studies to provide data for
the development of plans and programs for reconstruction and for
economic and resources development in Alaska.
(2) Preparing coordinated plans for reconstruction and economic and
resources development in Alaska deemed appropriate to carry out existing
statutory responsibilities of Federal, State, and local agencies. Such
plans shall be designed to promote optimum benefits from the expenditure
of Federal, State, and local funds for consistent objectives and
purposes.
(3) Preparing recommendations to the President and to the Governor of
Alaska with respect to both short-range and long-range programs and
projects to be carried out by Federal, State, or local agencies,
including recommendations for such additional Federal or State
legislation as may be deemed necessary and appropriate to meet
reconstruction and development needs.
Sec. 3. Commission procedures. (a) The Commission shall meet at the
call of the Chairman.
(b) The Commission may prescribe such regulations as it deems
necessary for the conduct of its affairs, and may establish such field
committees in Alaska as may be appropriate.
(c) Personnel assigned to the Commission shall be directed and
supervised by the Executive Director of the Commission. Activities of
the staff shall be carried out, under the general direction and
supervision of the Chairman, in accordance with such policies and
programs as may be approved by the Commission.
(d) The Chairman of the Commission shall report to the President from
time to time on progress and accomplishments.
Sec. 4. Agency cooperation. (a) Each Federal agency represented on
the Commission shall, consonant with law, cooperate with the Commission
to expedite and facilitate its work. Each such agency shall, as may be
necessary, furnish assistance to the Commission in accordance with the
provisions of section 214 of the Act of May 3, 1945 (59 Stat. 134; 31
U.S.C. 691). /6/
(b) Other Federal agencies shall, to the extent permitted by law,
furnish the Commission such information or advice bearing upon the work
of the Commission as the Chairman may from time to time request.
Sec. 5. Construction. Nothing in this order shall be construed as
subjecting any Federal agency or officer, or any function vested by law,
in or assigned pursuant to law to, any Federal agency or officer, to the
authority of the Commission or of any other agency or officer, or as
abrogating any such function in any manner.
Approved:
THE WHITE HOUSE,
April 2, 1964.
LYNDON B. JOHNSON
/4/ 42 U.S.C.A. 1855 et seq.
/5/ 5 U.S.C.A. 1105 et seq.
/6/ 31 U.S.C.A. 691.
Executive Order No. 11149, 29 F.R. 4765, April 3, 1964
WHEREAS the United States has initiated a program for the development
of commercial supersonic aircraft; and
WHEREAS supersonic transport will advance technical knowledge, expand
our international trade, strengthen our manufacturing capability, and
provide employment for thousands of our citizens; and
WHEREAS the development of supersonic transport will require the
participation and assistance of various Federal agencies as well as
private manufacturing and transportation interests; and
WHEREAS the development of supersonic transport will involve heavy
expenditures of money and resources and it is therefore essential that
the activities of the Federal agencies concerned be coordinated at the
highest level:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is ordered as follows:
Section 1. There is hereby established the President's Advisory
Committee on Supersonic Transport (hereinafter referred to as the
Committee). The Committee shall be composed of the Secretary of
Defense, the Secretary of the Treasury, the Secretary of Commerce, the
Administrator of the National Aeronautics and Space Administration, the
Administrator of the Federal Aviation Agency, and such other members as
the President may from time to time appoint. The Secretary of Defense
shall serve as Chairman of the Committee.
Sec. 2. The Committee shall study, and shall advise and make
recommendations to the President with regard to, all aspects of the
supersonic transport program. The Committee shall devote particular
attention to the financial aspects of the program and shall maintain
close coordination with the Director of the Bureau of the Budget in this
regard.
Sec. 3. All Federal departments and agencies shall cooperate with
the Committee and furnish it with such information and assistance, not
inconsistent with law, as it may require in the performance of its
duties.
Sec. 4. Members of the Committee who are officers or employees of
the Federal Government shall receive no additional compensation by
reason of such membership. Other members of the Committee shall be
entitled to receive compensation and travel expenses, including per diem
in lieu of subsistence, as authorized by law for persons serving the
government intermittently (5 U.S.C. 73b-- 2). /2/
Sec. 5. Each Federal department and agency represented on the
Committee shall furnish necessary assistance to the Committee in
accordance with section 214 of the Act of May 3, 1945, 59 Stat. 134 (31
U.S.C. 691). /3/ Such assistance may include the detailing of
employees, including consultants and experts, to the Committee to
perform such functions consistent with the purposes of this Order as the
Committee may assign.
THE WHITE HOUSE,
April 1, 1964.
LYNDON B. JOHNSON
/2/ 5 U.S.C.A. 73b-- 2.
/3/ 31 U.S.C.A. 691.
Executive Order No. 11148, 29 F.R. 3695, March 25, 1964
By virtue of the authority vested in me as President of the United
States, Section 1(a) of Executive Order No. 11132 of December 12, 1963,
/1/ is hereby amended by inserting "the Secretary of the Interior;"
immediately after "the Secretary of Defense;".
THE WHITE HOUSE,
March 23, 1964.
LYNDON B. JOHNSON
/1/ 1963 U.S.Code Cong.&Adm.News, p. 1760.
Executive Order No. 11147, 29 F.R. 3463, March 18, 1964
WHEREAS disputes between the carriers represented by the National
Railway Labor Conference, designated in List A attached hereto and made
a part hereof, and certain of their employees represented by the
International Brotherhood of Boilermakers, Iron Ship Builders,
Blacksmiths, Forgers and Helpers; Brotherhood of Railway Carmen of
America; International Brotherhood of Electrical Workers;
International Association of Machinists; Sheet Metal Workers'
International Association; International Brotherhood of Firemen,
Oilers, Helpers, Round House and Railway Shop Laborers functioning
through the Railway Employes' Department, AFL-CIO, labor organizations;
and
WHEREAS these disputes have not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS these disputes, in the judgment of the National Mediation
Board threaten substantially to interrupt interstate commerce to a
degree such as to deprive the country of essential transportation
service:
NOW, THEREFORE, by virtue of the authority vested in me by Section 10
of the Railway Labor Act, as amended (45 U.S.C.. 160), /6/ I hereby
create a board of three members, to be appointed by me, to investigate
these disputes. No member of the board shall be pecuniarily or
otherwise interested in any organization of railroad employees of any
carrier.
The board shall report its findings to the President with respect to
the disputes within thirty days from the date of this order.
As provided by Section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the carriers
represented by the National Railway Labor Conference, or by their
employees in the conditions out of which the disputes arose.
Akron, Canton & Youngstown Railroad Company
Ann Arbor Railroad Company
Baltimore and Ohio Railroad Company
Baltimore & Ohio Chicago Terminal Railroad Company
Staten Island Rapid Transit Railway Company
Strouds Creek and Muddlety Railroad
Bangor and Aroostook Railroad
Bessemer and Lake Erie Railroad
Boston and Maine Railroad
Brooklyn Eastern District Terminal
Buffalo Creek Railroad
Canadian National Railways
Lines in the United States
St. Lawrence Region
Great Lakes Region
Canadian Pacific Railway Company
Central Railroad Company of New Jersey
New York & Long Branch Railroad Company
Central Vermont Railway
Chicago Union Station Company
Cincinnati Union Terminal Company
Dayton Union Railway Company
Delaware and Hudson Railroad Corporation
Detroit and Toledo Shore Line Railroad Company
Detroit Terminal Railroad
Detroit, Toledo and Ironton Railroad Company
Erie-Lackawanna Railroad Company
Grand Trunk Western Railroad Company
Indianapolis Union Railway Company
Lehigh and Hudson River Railway Company
Lehigh Valley Railroad
Maine Central Railroad Company
Portland Terminal Company
Monon Railroad
Monongahela Railway Company
Montour Railroad Company
New York Central System
New York Central Railroad Company
New York District
Grand Central Terminal
Eastern District
Boston & Albany Division
Western District
Northern District
Southern District
Indiana Harbor Belt Railroad Company
Chicago River & Indiana Railroad Company
Pittsburgh & Lake Erie Railroad Company
Lake Erie & Eastern Railroad Company
Cleveland Union Terminals Company
New York, Chicago & St. Louis Railroad Company
New York, New Haven & Hartford Railroad Company
New York, Susquehanna & Western Railroad
New York Dock Railway
Pittsburgh & West Virginia Railway Company
Reading Company
Toledo Terminal Railroad Company
Washington Terminal Company
Western Maryland Railway Company
Alton and Southern Railroad
Atchison, Topeka & Santa Fe Railway
Gulf, Colorado and Santa Fe Railway
Panhandle and Santa Fe Railway
Belt Railway Company of Chicago
Butte, Anaconda and Pacific Railway
Camas Prairie Railroad
Chicago & Eastern Illinois Railroad
Chicago & Illinois Midland Railway
Chicago and North Western Railway
(Including the former C. St. P.M.&O., M.&St.L., L.&M., M.I.and
Railway Transfer Company of the City of Minneapolis)
Chicago and Western Indiana Railroad
Chicago, Burlington & Quincy Railroad
Chicago Great Western Railway
Chicago, Milwaukee, St. Paul and Pacific Railroad
Chicago, Rock Island and Pacific Railroad
Chicago, West Pullman and Southern Railroad
Colorado and Southern Railway
Colorado and Wyoming Railway
Denver and Rio Grande Western Railroad
Des Moines Union Railway
Duluth, Missabe and Iron Range Railway
Duluth Union Depot & Transfer Company
Duluth, Winnipeg & Pacific Railway
Elgin, Joliet and Eastern Railway
Fort Worth and Denver Railway
Galveston, Houston and Henderson Railroad
Great Northern Railway
Green Bay and Western Railroad
Houston Belt & Terminal Railway
Illinois Central Railroad
Illinois Northern Railway
Illinois Terminal Railroad
Joint Texas Division of the C.R.I.&P. RR and Ft. Worth & Denver
Railway
Kansas City Southern Railway
Kansas City Terminal Railway
Kansas, Oklahoma & Gulf Railway
Midland Valley Railroad
Lake Superior & Ishpeming Railroad
Lake Superior Terminal and Transfer Railway
Los Angeles Junction Railway
Louisiana & Arkansas Railway
Manufacturers Railway
Minneapolis, Northfield and Southern Railway
Minnesota Transfer Railway
Missouri-Kansas-Texas Railroad
Missouri Pacific Railroad
Missouri-Illinois Railroad
Northern Pacific Railway
Northern Pacific Terminal Company of Oregon
Northwestern Pacific Railroad
Ogden Union Railway and Depot Company
Peoria and Pekin Union Railway Company
Port Terminal Railroad Association
Pueblo Joint Interchange Bureau
St. Joseph Terminal Railroad
St. Louis-San Francisco Railway
St. Louis, San Francisco & Texas Railway
St. Louis Southwestern Railway
Saint Paul Union Depot Company
San Diego & Arizona Eastern Railway
Soo Line Railroad
Southern Pacific Company (Pacific Lines)
Southern Pacific Company (Texas and Louisiana Lines)
Spokane, Portland and Seattle Railway
Oregon Trunk Railway
Oregon Electric Railway
Terminal Railroad Association of St. Louis
Texas and Pacific Railway
Abilene and Southern Railway
Fort Worth Belt Railway
Texas-New Mexico Railway
Weatherford, Mineral Wells and Northwestern Railway
Texas Mexican Railway
Texas Pacific-Missouri Pacific Terminal Railroad of New Orleans
Toledo, Peoria & Western Railroad
Union Pacific Railroad
Union Railway (Memphis)
Union Terminal Company (Dallas)
Wabash Railroad
Western Pacific Railroad
Wichita Terminal Association
Yakima Valley Transportation Company
Atlanta & West Point Railroad
Western Railway of Alabama
Atlanta Joint Terminals
Atlantic Coast Line Railroad
Chesapeake & Ohio Railway
Clinchfield Railroad
Georgia Railroad
Gulf, Mobile & Ohio Railroad
Kentucky & Indiana Terminal Railway
Louisville & Nashville Railroad
Norfolk Southern Railway
Norfolk & Portsmouth Belt Line Railroad
Norfolk & Western Railway
Richmond, Fredericksburg & Potomac Railroad
Seaboard Air Line Railway
THE WHITE HOUSE,
March 17, 1964.
LYNDON B. JOHNSON
/6/ 45 U.S.C.A. 160.
Executive Order No. 11146, 29 F.R. 3417, March 17, 1964
By virtue of the authority vested in me by Section 403(g) of Title 37
of the United States Code, /4/ and as President of the United States and
Commander in Chief of the Armed Forces, Executive Order No. 10204 of
January 15, 1951, as amended by Section 3 of Executive Order No. 11120
of October 2, 1963, /5/ is hereby amended as follows:
SECTION 1. Paragraphs 3, 4, and 5 are amended to read as follows:
"3. Any quarters or housing facilities under the jurisdiction of any
of the uniformed services in fact occupied without payment of rental
charges (a) by a member and his dependents, or (b) at his permanent
station by a member without dependents, or (c) by the dependents of a
member on field duty or on sea duty or on duty at a station where
adequate quarters are not available for his dependents, shall be deemed
to have been assigned to such member as appropriate and adequate
quarters, and no basic allowance for quarters shall accrue to such
member under such circumstances unless the occupancy (i) occurs while
such member is in a duty or leave status incident to a change of
permanent station and is of a temporary nature under standards
prescribed by regulations issued by the Secretary of Defense in the case
of members of the Army, Navy, Air Force, or Marine Corps, and the
reserve components thereof, or by the appropriate Secretary in the case
of members of the other uniformed services, or (ii) occurs while such
member is in a leave status not incident to a change of permanent
station and does not exceed seven consecutive days at one location:
Provided, That occupancy of quarters under such circumstances for a
period in excess of such 7-day period or such other temporary period as
may be authorized under standards prescribed by regualtions issued by
the Secretary concerned shall not result in a forfeiture of basic
allowance for quarters for such 7-day or other authorized period:
Provided further, That this paragraph shall not apply to occupancy of
quarters as a guest of another member.
"4. When adequate quarters for his dependents are not available for
assignment at his permanent station to a member with dependents, he may
occupy quarters of the United States designated for members without
dependents without affecting his right to receive payment of basic
allowances for quarters, if permitted or required to occupy quarters at
such station.
Under such circumstances, a member may not occupy quarters of the United
States which exceed the minimum standards for members of his grade
without dependents, as prescribed by the Secretary concerned, unless the
only quarters available (a) exceed the minimum standards, and (b) are
made available for joint occupancy with other members.
"5. A member away from his permanent station may occupy quarters of
the United States designated for members without dependents at his
temporary duty station without affecting his right to receive payment of
basic allowances for quarters or assignment of quarters, if any, at his
permanent station. Under such circumstances, a member may not occupy
quarters of the United States which exceed the minimum standards for
members of his grade without dependents, as prescribed by the Secretary
concerned, unless the only quarters available (a) exceed the minimum
standards, and (b) are made available for joint occupancy with other
members."
SEC. 2. Paragraphs 6, 7, and 8 are redesignated as Paragraphs "7",
"8", and "9", respectively, and the following new Paragraph 6 is
inserted after Paragraph 5:
"6. A member serving outside the United States, its territories, or
possessions in a duty assignment which has official or diplomatic
responsibilities involving officials of foreign governments may be
assigned quarters in excess of the minimum standards set forth in
Paragraphs 4 and 5 of this order, as prescribed by the Secretary
concerned: Provided, That no such quarters shall be available on a
continuous basis for single occupancy, if such quarters are otherwise
adequate for assignment as family housing to members of similar rank."
SEC. 3. Paragraph 1(c) is amended by striking out "section 206 of
the said Career Compensation Act of 1949" and inserting in lieu thereof
"Section 305 of Title 37 of the United States Code."
SEC. 4. Paragraph 7, as redesignated by Section 2 of this order, is
amended by striking out "section 102(f) of the said Career Compensation
Act of 1949)" and inserting in lieu thereof "Section 101(5) of Title 37
of the United States Code)".
THE WHITE HOUSE,
March 13, 1964.
LYNDON B. JOHNSON
/4/ 37 U.S.C.A. 403(g).
/5/ 37 U.S.C.A. 403 note.
Executive Order No. 11145, 29 F.R. 3189, March 10, 1964
WHEREAS the White House, as the home of the highest elective officer
of the United States
-- symbolizes the American ideal of responsible self-government
-- is emblematic of our democracy and our national purpose
-- has been intimately associated with the personal and social life
of the Presidents of the United States and many of their official acts
-- occupies a particular place in the heart of every American
citizen, and
WHEREAS certain historic rooms and entranceways in the White House
-- possess great human interest and historic significance
-- traditionally have been open to visitors
-- have provided pleasure and patriotic inspiration to millions of
our citizens
-- have come to be regarded as a public museum and the proud
possession of all Americans, and
WHEREAS the Congress by law (Act of September 22, 1961), (75 Stat.
586) /1/ has authorized the care and preservation of the historic and
artistic contents of the White House and has given the President certain
responsibilities with regard thereto:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is ordered as follows:
SECTION 1. (a) There shall be in the White House a Curator of the
White House. The Curator shall assist in the preservation and
protection of the articles of furniture, fixtures, and decorative
objects used or displayed in the principal corridor on the ground floor
and the principal public rooms on the first floor of the White House,
and in such other areas in the White House as the President may
designate.
(b) The Curator shall report to the President and shall make
recommendations with respect to the articles, fixtures, and objects to
be declared by the President, under section 2 of the Act of September
22, 1961, to be of historic or artistic interest.
SEC. 2. There is hereby established the Committee for the
Preservation of the White House, hereinafter referred to as the
"Committee". The Committee shall be composed of the Director of the
National Park Service, the Curator of the White House, the Secretary of
the Smithsonian Institution, the Chairman of the Commission of Fine
Arts, the Director of the National Gallery of Art, the Chief Usher of
the White House, and seven other members to be appointed by the
President. The Director of the National Park Service shall serve as
Chairman of the Committee and shall designate an employee of that
Service to act as Executive Secretary of the Committee. Members of the
Committee shall serve without compensation.
SEC. 3. (a) The Committee shall report to the President and shall
advise the Director of the National Park Service with respect to the
discharge of his responsiblity under the Act of September 22, 1961, for
the preservation adn the interpretation of the museum character of the
principal corridor on the ground floor and the principal public rooms on
the first floor of the White House. Among other things, the Committee
shall make recommendations as to the articles of furniture, fixtures,
and decorative objects which shall be used or displayed in the aforesaid
areas of the White House and as to the decor and arrangements therein
best suited to enhance the historic and artistic values of the White
House and of such articles, fixtures, and objects.
(b) The Committee shall cooperate with the White House Historical
Association, a nonprofit organization heretofore formed under the laws
of the District of Columbia.
(c) The Committee is authorized to invite individuals who are
distinguished or interested in the fine arts to attend its meetings or
otherwise to assist in carrying out its functions.
SEC. 4. Consonant with law, each Federal department and agency
represented on the Committee shall furnish necessary assistance to the
Committee in accordance with section 214 of the Act of May 3, 1945, 59
Stat. 134 (31 U.S.C. 691). /2/ The Department of the Interior shall
furnish necessary administrative services for the Committee.
THE WHITE HOUSE,
March 7, 1964.
LYNDON B. JOHNSON
/1/ 3 U.S.C.A. 110 note.
/2/ 31 U.S.C.A. 691.
Executive Order No. 11144, 29 F.R. 3129, March 7, 1964
WHEREAS subsection (a) of Section 46 of the Alaska Omnibus Act /5/
provides, in part, as follows:
In the event that any disputes arise between the United States and
the State of Alaska prior to January 1, 1965, concerning the transfer,
conveyance, or other disposal of property to the State of Alaska
pursuant to section 6(e) of the Act of July 7, 1958 (72 Stat. 339, 340),
providing for the admission of the State of Alaska into the Union, or
pursuant to this Act, the President is authorized (1) to appoint by and
with the advice and consent of the Senate a temporary commission of
three persons, to consider, ascertain, adjust, determine, and settle
such disputes, and (2) to make such rules and regulations as may be
necessary to establish such temporary commission or as may be necessary
to terminate such temporary commission at the conclusion of its duties;
WHEREAS agreement has been reached on the transfer of substantial
amounts of property from the Federal Government to the State of Alaska;
WHEREAS a dispute as described in the above-quoted statutory
provision has arisen with respect to certain listed properties;
WHEREAS the Government of the State of Alaska has formally requested
that the President appoint a commission as provided in that statutory
provision; and
WHEREAS I deem the establishment of such a commission to be in the
public interest:
NOW, THEREFORE, by virtue of the authority vested in me by the Alaska
Omnibus Act /6/ (P.L. 86-70, approved June 25, 1959; 73 Stat. 141 et
seq.), and as President of the United States, it is ordered as follows:
Section 1. The Commission. (a) There is hereby established a
commission which shall be known as the Temporary Alaska Claims
Commission (hereinafter referred to as the Commission).
(b) The Commission shall be composed of three persons, each of whom
shall be appointed by the President, by and with the advice and consent
of the Senate, from among persons who are not officers or employees of
either the United States or the State of Alaska. The President shall
from time to time designate one of the persons composing the Commission
to be the chairman thereof.
(c) The General Services Administration is hereby designated as the
agency which shall provide administrative services for the Commission on
a reimbursable basis.
Sec. 2. Functions of the Commission. (a) With respect to certain
property which was on December 31, 1959, owned or held by the United
States and controlled by the Fish and Wildlife Service of the Department
of the Interior or its subdivisions as listed on the attachment hereof
headed SCHEDULE OF PROPERTY", mentioned above, is hereby made a part of
this order.
(b) The Commission shall timely report to the Secretary of the
Interior its settlements with respect to the said listed property.
Sec. 3. Transfer of property. To the extent necessitated by
settlements made by the Commission in respect of the property listed on
the hereto attached "SCHEDULE OF PROPERTY", the Secretary of the
Interior, under the authority of subsection (e) of Section 6 of the Act
of July 7, 1958, or under the authority of subsection (a) of Section 45
of the Alaska Omnibus Act as affected by Section 2 of Executive Order
No. 10857 of December 29, 1959, /7/ as the case may be, shall transfer,
convey, or otherwise dispose of the said property to the State of
Alaska.
Sec. 4. Termination of Commission. The Commission shall terminate
60 days after the date of the delivery of its report to the Secretary of
the Interior under the provisions of subsection (b) of Section 2 of this
order or upon such earlier or later date as the President shall
hereafter specify.
THE WHITE HOUSE,
March 5, 1964.
(TABLE OMITTED)
LYNDON B. JOHNSON.
/5/ 48 U.S.C.A.note prec. 21.
/6/ 1959 U.S.Code Cong.and Adm.News, p. 153.
/7/ 48 U.S.C.A. 192 note.
Executive Order No. 11143, 29 F.R. 3127, March 7, 1964
WHEREAS participation by the United States in the forthcoming
international trade negotiations has been made possible by enactment of
the Trade Expansion Act of 1962; /3/
WHEREAS these international trade negotiations will have a
significant impact upon the economy as well as upon the international
relations of the United States; and
WHEREAS the agencies of the United States Government concerned, and,
in particular, the Office of the Special Representative for Trade
Negotiations, require the advice of public representatives of the
economy of the United States in preparing for and participating in these
international trade negotiations;
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is ordered as follows:
Section 1. Establishment and membership of Committee. (a) There is
hereby established a committee to be known as the Public Advisory
Committee for Trade Negotiations (hereinafter referred to as the
Committee).
(b) The Committee shall be composed of not less than 30 and not more
than 40 members, who shall serve without compensation. The members,
other than the Chairman, shall be designated by the President from among
appropriately qualified citizens of the United States outside the United
States Government, and shall be representative of the economy of the
United States.
Sec. 2. Functions of Committee. (a) The Committee shall advise the
Special Representative for Trade Negotiations with respect to such
matters as he may specify pertaining to the preparation for and the
participation in international trade negotiations.
(b) The Committee shall be chaired by the Special Representative for
Trade Negotiations or his Deputy and shall meet upon the request of the
Special Representative for Trade Negotiations or his Deputy.
Sec. 3. Regulations. (a) The provisions of Sections 4, 6(a), 6(b),
6(c), 6(f), and 10 of Executive Order No. 11007 of February 26, 1962,
/4/ are hereby adapted and made applicable to the Committee.
(b) The Special Representative for Trade Negotiations shall be
responsible for assuring compliance with the above-indicated provisions
of Executive Order No. 11007 in relation to the Committee, and he is
authorized to exercise the authority contained in sections 6(f) and
10(a) of that order and to prescribe such additional regulations with
respect to the Committee as he may deem necessary.
THE WHITE HOUSE,
March 2, 1964.
LYNDON B. JOHNSON.
/3/ 19 U.S.C.A. 1801 et seq.
/4/ 5 U.S.C.A. 132z note.
Executive Order No. 11142, 29 F.R. 2479, February 15, 1964
By virtue of the authority vested in me by Section 111 of Title 38 of
the United States Code, /1/ it is hereby ordered as follows:
Section 1. The Administrator of Veterans' Affairs may authorize or
approve the payment of the actual necessary expenses of travel,
including lodging and subsistence, of any claimant or beneficiary of the
Veterans Administration traveling to or from a Veterans' Administration
facility, or other place, in connection with vocational rehabilitation
or counseling, or for the purpose of examination, treatment, or care.
The Administrator may authorize or approve such payment to the claimant
or beneficiary, or, in his discretion, to the person who or the
organization which has actually paid the expenses of such travel,
including lodging and subsistence.
Sec. 2. The Administrator of Veterans' Affairs may authorize or
approve in lieu of actual necessary expenses of travel, including
lodging and subsistence, payment of an allowance of not more than five
cents a mile to any claimant or beneficiary of the Veterans'
Administration traveling to or from a Veterans' Administration facility,
or other place, in connection with vocational rehabilitation or
counseling, or for the purpose of examination, treatment, or care. In
addition to such mileage allowance, the Administrator may allow
reimbursement for the actual cost of ferry fares, and bridge, road, and
tunnel tolls. In his discretion, the Administrator may authorize or
approve such payment and such reimbursement to the person who or the
organization which has actually paid the expenses of such travel,
including lodging and subsistence. The payment of mileage allowances
and reimbursement for ferry fares, and bridge, road, and tunnel tolls in
connection with vocational rehabilitation or counseling, or upon
termination of examination, treatment, or care may be made prior to
completion of such travel.
Sec. 3. Whenever a claimant or beneficiary requires an attendant
other than an employee of the Veterans' Administration for the
performance of travel specified in Sections 1 and 2 hereof, the travel
expenses of such attendant may be allowed in the same manner and to the
same extent that travel expenses are allowed to such claimant or
beneficiary.
Sec. 4. The Administrator of Veterans' Affairs may prescribe such
rules and regulations not inconsistent herewith as may be necessary to
effectuate the provisions of this order.
Sec. 5. Executive Order No. 10810 of April 22, 1959, /2/ and
Executive Order No. 10881 of July 6, 1960, /2/ are hereby superseded.
THE WHITE HOUSE,
February 12, 1964.
LYNDON B. JOHNSON
/1/ 38 U.S.C.A. 111.
/2/ 38 U.S.C.A. 111 note.
Executive Order No. 11141, 29 F.R. 2477, February 15, 1964
WHEREAS the principle of equal employment opportunity is now an
established policy of our Government and applies equally to all who wish
to work and are capable of doing so; and
WHEREAS discrimination in employment because of age, except upon the
basis of a bona fide occupational qualification, retirement plan, or
statutory requirement, is inconsistent with that principle and with the
social and economic objectives of our society; and
WHEREAS older workers are an indispensable source of productivity and
experience which our Nation can ill afford to lose; and
WHEREAS President Kennedy, mindful that maximum national growth
depends on the utilization of all manpower resources, issued a
memorandum on March 14, 1963, reaffirming the policy of the Executive
Branch of the Government of hiring and promoting employees on the basis
of merit alone and emphasizing the need to assure that older people are
not discriminated against because of their age and receive fair and full
consideration for employment and advancement in Federal employment; and
WHEREAS, to encourage and hasten the acceptance of the principle of
equal employment opportunity for older persons by all sectors of the
economy, private and public, the Federal Government can and should
provide maximum leadership in this regard by adopting that principle as
an express policy of the Federal Government not only with respect to
Federal employees but also with respect to persons employed by
contractors and subcontractors engaged in the performance of Federal
contracts:
NOW, THEREFORE, by virtue of the authority vested in me by the
Constitution and statutes of the United States and as President of the
United States, I hereby declare that it is the policy of the Executive
Branch of the Government that (1) contractors and subcontractors engaged
in the performance of Federal contracts shall not, in connection with
the employment, advancement, or discharge of employees, or in connection
with the terms, conditions, or privileges of their employment,
discriminate against persons because of their age except upon the basis
of a bona fide occupational qualification, retirement plan, or statutory
requirement, and (2) that contractors and subcontractors, or persons
acting on their behalf, shall not specify, in solicitations or
advertisements for employees to work on Government contracts, a maximum
age limit for such employment unless the specified maximum age limit is
based upon a bona fide occupational qualification, retirement plan, or
statutory requirement. The head of each department and agency shall
take appropriate action to enunciate this policy, and to this end the
Federal Procurement Regulations and the Armed Services Procurement
Regulation shall be amended by the insertion therein of a statement
giving continuous notice of the existence of the policy declared by this
order.
THE WHITE HOUSE,
February 12, 1964.
LYNDON B. JOHNSON
Executive Order No. 11140, 29 F.R. 1637, February 1, 1964
By virtue of the authority vested in me by Section 301 of Title 3 of
the United States Code, and as President of the United States, it is
ordered as follows:
SECTION 1. The Secretary of Health, Education, and Welfare is hereby
authorized and empowered, without the approval, ratification, or other
action of the President, to perform the following-described functions
vested in the President under the Public Health Service Act (58 Stat.
682), /1/ as amended:
(a) The authority under Section 203 (42 U.S.C. 204) /2/ to appoint
commissioned officers of the Reserve Corps.
(b) The authority under Section 206(b) (42 U.S.C. 207(b)) /3/ to
prescribe titles, appropriate to the several grades, for commissioned
officers of the Public Health Service other than medical officers.
(c) The authority under Section 207(a)(2) (42 U.S.C. 209(a)(2)) /4/
to terminate commissions of officers of the Reserve Corps without the
consent of the officers concerned.
(d) The authority under Section 210(a), (k), and (l) (42 U.S.C.
211(a), (k), and (l) /5/ to make or terminate temporary promotions of
commissioned officers of the Regular Corps and Reserve Corps.
(e) The authority under Section 211(a)(5) (42 U.S.C. 212(a)(5)) /6/
to approve voluntary retirements under that section.
(f) The authority to prescribe regulations under the
following-designated Sections: 207(a), 207(b), 208(e), 210(a), 210(b),
210(d)(1), 210(h), 210(i), 210(j)(1), 210(k), 215(a), 218(a), 219(a),
and 510 (42 U.S.C. 209(a), 209(b), 210(e), 211(a), 211(b), 211(d)(1),
211(h), 211(i), 211(j)(1), 211(k), 216(a), 218a(a), 210-1(a), and 228).
/7/
(g) The authority under Sections 321(a) and 364(a) (42 U.S.C. 248(a)
and 267(a)) /8/ to approve the selection of suitable sites for and the
establishment of additional institutions, hospitals, stations, grounds,
and anchorages; subject, however, to the approval of the Director of
the Bureau of the Budget, except as he may otherwise provide.
SEC. 2. The Surgeon General is hereby authorized and empowered,
without the approval, ratification, or other action of the President, to
perform the function vested in the President by Sections 203 and
207(a)(2) of the Public Health Service Act (58 Stat. 683, 685), as
amended (42 U.S.C. 204 and 209(a)(2)), /9/ or otherwise, of accepting
voluntary resignations of commissioned officers of the Regular Corps or
the Reserve Corps.
SEC. 3. The Secretary of Health, Education, and Welfare is hereby
authorized and empowered, without the approval, ratification, or other
action of the President, to exercise the authority vested in the
President by Section 704 of Title 37 of the United States Code /10/ to
prescribe regulations.
SEC. 4. The Secretary of Health, Education, and Welfare is hereby
authorized to redelegate all or any part of the functions set forth
under (a), (b), (c), and (d) of Section 1 hereof to the Surgeon General
of the Public Health Service or other official of that Service who is
required to be appointed by and with the advice and consent of the
Senate.
SEC. 5. All actions heretofore taken by appropriate authority with
respect to the matters affected by this order and in force at the time
of the issuance of this order, including any regulations prescribed or
approved with respect to such matters, shall, except as they may be
inconsistent with the provisions of this order, remain in effect until
amended, modified, or revoked pursuant to the authority conferred by
this order.
SEC. 6. As used in this order, the term "functions" embraces duties,
powers, responsibilities, authority, or discretion, and the term
"functions"" may be construed to mean "exercise".
SEC. 7. (a) Executive Order No. 10506 of December 10, 1953, /11/
entitled "Delegating Certain Functions of the President under the Public
Health Service Act," is hereby superseded.
(b) Executive Orders Nos. 9993 of August 31, 1948, /12/ 10031 of
January 26, 1949, /13/ 10280 of August 16, 1951, /14/ 10354 of May 26,
1952, /15/ and 10497 of October 27, 1953, /16/ which prescribed
regulations relating to commissioned officers and employees of the
Public Health Service, are hereby revoked. Nothing in this subsection
shall be deemed to alter or otherwise affect the regulations prescribed
by the Surgeon General (42 CFR Part 21 and 22) to replace the
regulations prescribed by the orders described in the preceding
sentence.
THE WHITE HOUSE,
January 30, 1964
LYNDON B. JOHNSON
/1/ 42 U.S.C.A. 201 note et seq.
/2/ 42 U.S.C.A. 204.
/3/ 42 U.S.C.A. 207(b).
/4/ 42 U.S.C.A. 209(a)(2).
/5/ 42 U.S.C.A. 211 (a), (k), (l).
/6/ 42 U.S.C.A. 212(a)(5).
/7/ 42 U.S.C.A. 209(a), (b), 210(e), 211(a), (b), (d)(1), (h), (i),
(j)(1), (k), 216(a), 218(a), 210-- 1(a), 228.
/8/ 42 U.S.C.A. 248(a), 267(a).
/9/ 42 U.S.C.A. 204, 209(a)(2).
/10/ 37 U.S.C.A. 704.
/11/ 42 U.S.C.A. 202 note.
/12/ 1948 U.S.Code Cong.Serv.p. 2712.
/13/ 1949 U.S.Code Cong.Serv.p. 2681.
/14/ 1951 U.S.Code Cong. & Adm.News, p. 1076.
/15/ 1952 U.S.Code Cong. & Adm.News, p. 1057.
/16/ 1953 U.S.Code Cong. & Adm.News, p. 1065.
Executive Order No. 11139, 29 F.R. 227, January 9, 1964
By virtue of the authority vested in me as President of the United
States and as Commander in Chief of the armed forces of the United
States, I hereby authorize the Secretary of Defense, with respect to
members of the Army, Navy, Air Force, and Marine Corps, and the
Secretary of the Treasury, with respect to members of the Coast Guard
when it is not operating as a service in the Navy, to prescribe
regulations under which the United Nations Medal and Service Ribbon may
be accepted by members of the armed forces who have been determined
eligible for consideration in accordance with the Regulations for the
United Nations Medal, promulgated by the United Nations Organization on
July 30, 1959. A determination that service with the United Nations in
a particular geographic area or for a particular purpose constitutes a
justifiable basis for authorizing acceptance of the United Nations Medal
and Service Ribbon by eligible members of the armed forces of the United
States shall be made with the concurrence of the Secretary of State.
THE WHITE HOUSE,
January 7, 1964.
LYNDON B. JOHNSON.
Executive Order No. 11138, 29 F.R. 225, January 9, 1964
By virtue of the authority vested in me by the Civil Service Act (22
Stat. 403) /15/ and Section 1753 of the Revised Statutes, /16/ and as
President of the United States, it is ordered that Executive Order No.
9721 of May 10, 1946, as amended by Executive Order No. 10103 of
February 1, 1950, providing for the transfer of personnel to public
international organizations in which the United States Government
participates be, and it is hereby, modified as follows:
The limitation in Section 1 relating to the period during which an
employee shall be considered as on leave of absence from his employment
with the Federal Government, and the limitation in Section 3(a) relating
to the period of time from date of transfer to a public international
organization during which an employee is privileged to exercise
reemployment rights, are waived with respect to Frederick Strauss, and
he shall be considered to have been on leave of absence for the period
August 12, 1957, through September 16, 1962, for the purpose of all
rights and benefits provided by Executive Order 9721, as amended.
THE WHITE HOUSE,
January 7, 1964.
LYNDON B. JOHNSON
/13/ 22 U.S.C.A. 288 note.
/14/ 22 U.S.C.A. 288 note.
/15/ 5 U.S.C.A. 632.
/16/ 5 U.S.C.A. 631.
Executive Order No. 11137, 29 F.R. 223, January 9, 1964
By virtue of the authority vested in me by Section 301 of title 3 of
the United States Code /4/ and by the various provisions of law cited in
the body of this order, and as President of the United States, it is
ordered as follows:
Section 101. The term "employee", as defined in Section 111(3) of
the Overseas Differentials and Allowances Act (5 U.S.C. 3032(3)), /5/ is
hereby further defined as including civilian employees, compensated from
nonappropriated funds, of the instrumentalities of the United States
under the jurisdiction of the armed forces covered by Section 1 of the
Act of June 19, 1952, ch. 444 (5 U.S.C. 150k). /6/
Sec. 102. The Secretary of each military department with respect to
his department, and the Secretary of the Treasury with respect to the
Coast Guard when it is not operating as a service in the Navy, are
hereby designated and empowered to exercise, without the approval,
ratification, or other action of the President, the authority vested in
the President by Section 203 of the Overseas Differentials and
Allowances Act (5 U.S.C. 3035) /7/ to prescribe regulations governing
payments of allowances and differentials in foreign areas to the extent
that the said authority is in respect of employees referred to in
Section 101 of this order whose rates of basic compensation from
nonappropriated funds are fixed in accordance with regulations
prescribed by the Secretary concerned.
Sec. 103. Regulations prescribed under authority delegated by the
provisions of Section 102 hereof:
(a) Shall, so far as practicable, be uniform.
(b) In the case of regulations prescribed by the Secretaries of the
military departments, shall require the approval of the Secretary of
Defense.
(c) Shall not, with respect to any locality, authorize allowances or
differentials which exceed those prescribed under Executive Order No.
10903 of January 9, 1961, /8/ for other employees of the United States
in the same locality.
Sec. 104. Executive Order No. 10903 of January 9, 1961, is hereby
modified to the extent of the definition and the delegations of
authority contained in Sections 101 and 102 hereof.
Sec. 201. The Secretary of Defense with respect to the military
departments, and the Secretary of the Treasury with respect to the Coast
Guard when it is not operating as a service in the Navy, are hereby
designated and empowered to exercise, without the approval,
ratification, or other action of the President, the authority vested in
the President by paragraph (2) of Section 912 of the Internal Revenue
Code of 1954, as amended (26 U.S.C. 912(2)), /9/ to approve the
regulations there contemplated to the extent that the said regulations
are in respect of the payment of cost-of-living allowances to employees,
compensated from nonappropriated funds, of instrumentalities of the
United States under the the jurisdiction of the armed forces covered by
Section 1 of the Act of June 19, 1952, ch. 444 (5 U.S.C. 150k), /10/ who
are stationed outside the continental United States or in Alaska.
Sec. 202. Regulations approved under authority delegated by the
provisions of Section 201 hereof:
(a) Shall, so far as practicable, be uniform.
(b) Shall not apply to employees who are stationed in either the
Canal Zone or in any "foreign area" as defined in Section 111(6) of the
Overseas Differentials and Allowances Act (5 U.S.C. 3032(6)). /11/
(c) Shall be limited to employees whose rates of basic compensation
are fixed in conformity with rates paid by the Government for work of a
comparable level of difficulty and responsibility to employees stationed
in the continental United States exclusive of Alaska.
(d) Shall not, with respect to any locality, authorize allowances
which exceed those prescribed under Executive Order No. 10000 of
September 16, 1948, as amended, /12/ for other employees of the United
States in the same locality.
Sec. 301. All actions heretofore taken by the President or his
delegate with respect to the matters affected by this order, and in
effect at the time of the issuance of this order, including any
regulations prescribed or approved by the President or his delegate with
respect to such matters, shall, except as they are inconsistent with the
provisions of this order, remain in effect until amended, modified, or
revoked pursuant to appropriate authority.
Sec. 302. This order, and the regulations prescribed or approved
under the authority thereof, shall be published in the FEDERAL REGISTER.
THE WHITE HOUSE,
January 7, 1964.
LYNDON B. JOHNSON.
/4/ 3 U.S.C.A. 301.
/5/ 5 U.S.C.A. 3032(3).
/6/ 5 U.S.C.A. 150k.
/7/ 5 U.S.C.A. 3035.
/8/ 3 U.S.C.A. 301 note; 5 U.S.C.A. 3031 note; 7 U.S.C.A. 1761
note.
/9/ 26 U.S.C.A. 912(2).
/10/ 5 U.S.C.A. 150k.
/11/ 5 U.S.C.A. 3032(6).
/12/ 1948 U.S.Code Cong.Serv.p. 2766.
Executive Order No. 11136, 29 F.R. 129, January 7, 1964
WHEREAS all individuals in our society, as consumers, are
significantly affected by Federal economic policies and by Federal
programs to promote the welfare of consumers and to protect their
interests in the marketplace; and
WHEREAS individual consumers and consumer organizations face unusual
problems in attempting to assure that the views and needs of consumers
receive full consideration by Federal officials who administer policies
and programs affecting consumer interests; and
WHEREAS the Federal Government, serving all the people, has a special
obligation to be alert to consumer needs and to advance the interest of
consumers by all appropriate means, including arrangements to enable
representatives of consumers to be heard in the development and
administration of Federal policies and programs:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is ordered as follows:
Section 1. Establishment of Committee. (a) There is hereby
established the President's Committee on Consumer Interests (hereinafter
referred to as the "Committee").
(b) The Committee shall be composed of representatives of the
Attorney General, the Secretary of the Interior, the Secretary of
Agriculture, the Secretary of Commerce, the Secretary of Labor, the
Secretary of Health, Education, and Welfare, the Housing and Home
Finance Administrator, the Chairman of the Federal Trade Commission, and
the Chairman of the Council of Economic Advisers; such other Government
officials or employees as the President may designate; and such private
citizens especially qualified to represent consumer interests as the
President may appoint. Each Federal agency head named herein shall
designate one person, who shall be an assistant secretary or official of
comparable rank, to represent him on the Committee.
(c) The Chairman of the Committee shall be designated by the
President from among the Federal members to serve for such term as the
President may determine. The Chairman shall direct and supervise any
staff employed by or detailed to the Committee.
(d) The Chairman shall invite the heads of Federal agencies not
represented on the Committee to designate representatives (who shall be
assistant secretaries or officials of comparable rank) to participate as
ad hoc members of the Committee when matters affecting the
responsibilities of their respective agencies are to be considered by
the Committee.
Sec. 2. Establishment of the Consumer Advisory Council. (a) There
is hereby established the Consumer Advisory Council (hereinafter
referred to as the Council), which shall consist of the private citizens
appointed by the President as members of the Committee. The President
shall designate the Chairman of the Council from among its members.
(b) The Chairman of the Committee shall be responsible for assuring
that the meetings and other activities of the Council are carried out in
accordance with the relevant provisions of Executive Order 11007 of
February 26, 1962, and for prescribing such additional regulations with
respect to the affairs of the Council as may be necessary.
Sec. 3. Functions of the Committee, the Federal members, and the
Council. (a) The Committee shall from time to time consider (1) the
Federal policies and programs of primary importance to consumers or the
unmet consumer needs which can appropriately be met through Federal
action, either under existing laws or new legislation; (2) the aspects
of Federal policies, programs, and operations concerning which the views
of consumers should be available to Federal officials; (3) the means by
which necessary liaison may be established between the Consumer Advisory
Council and consumer organizations to enable the Council to perform its
functions under subsection (c), below; and (4) the manner in which
consumer views can be communicated to appropriate Federal departments
and agencies.
(b) The Federal agency heads enumerated in section 1(b), collectively
or individually, as appropriate, (1) shall seek the advice of the
Committee or the Council on matters affecting consumers, and similarly
receive recommendations made on the initiative of the Committee or the
Council; (2) shall be responsible for considering recommendations made
by the Committee or the Council; and (3) shall take such action as is
deemed to be in the general public interest, including making
recommendations to the President on matters requiring action by him or
by the Congress.
(c) The Council shall advise the Government on issues of broad
economic policy of immediate concern to consumers, on governmental
programs to meet consumer needs or to protect consumer interests, and on
needed improvements in the flow of consumer research material to the
public. The Council may arrange through the Chairman of the Committee
for fact-finding studies to enable the Council to carry out its
responsibilities. In carrying out its functions the Council shall,
insofar as practicable, provide interested organizations and individuals
an opportunity to present their views and recommendations to the Council
for its consideration.
Sec. 4. Federal agencies. (a) Upon request of the Chairman of the
Committee, the heads of Federal agencies shall so far as practicable
provide the Committee with information and reports relating to matters
within the cognizance of the Committee.
(b) Each Federal agency represented on the Committee shall furnish
necessary assistance to the Committee in accordance with section 214 of
the Act of May 3, 1945, 59 Stat. 134 (31 U.S.C. 691). /2/
(c) The General Services Administration is hereby designated as the
agency which shall provide administrative services for the Committee on
a reimbursable basis.
Sec. 5. Compensation and per diem. For each day any person
appointed from private life as a member of the Committee is engaged in
meetings, or is with the approval of the Chairman of the Committee
engaged in other work in pursuance of this order, such person shall
receive compensation at a rate determined by the Chairman of the
Committee and travel expenses, including per diem in lieu of subsistence
as authorized by law (5 U.S.C. 55a; 5 U.S.C. 73b-2) /3/ for persons in
the Government service employed intermittently.
THE WHITE HOUSE,
January 3, 1964.
LYNDON B. JOHNSON
/2/ 31 U.S.C.A. 691.
/3/ 5 U.S.C.A. 55a; 5 U.S.C.A. 73b-- 2.
Executive Order No. 11135, 29 F.R. 125, January 7, 1964
WHEREAS disputes exist between the carriers represented by the
Eastern, Western and Southeastern Carriers' Conference Committees,
designated in List A attached hereto and made a part hereof, and certain
of their employees represented by the Brotherhood of Railroad Signalmen,
a labor organization; and
WHEREAS these disputes have not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS these disputes, in the judgment of the National Mediation
Board, threaten substantially to interrupt interstate commerce to a
degree such as to deprive the country of essential transportation
service:
NOW, THEREFORE, by virtue of the authority vested in me by Section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /1/ I hereby
create a board of three members, to be appointed by me, to investigate
these disputes. No member of the board shall be pecuniarily or
otherwise interested in any organization of railroad employees or any
carrier.
The board shall report its findings to the President with respect to
the disputes within thirty days from the date of this order.
As provided by Section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the carriers
represented by the Eastern, Western and Southeastern Carriers'
Conference Committees, or by their employees, in the conditions out of
which the disputes arose.
Akron, Canton & Youngstown Railroad
Ann Arbor Railroad Company
Baltimore & Ohio Railroad Company
B.&O. Chicago Terminal Railroad Company
Staten Island Rapid Transit Railway Company
Bangor & Aroostook Railroad
Bessemer & Lake Erie Railroad Company
Boston & Main Railroad
Canadian National Railways (New England States)
Canadian Pacific Railways Company (Maine and Vermont)
Central R.R. Company of New Jersey
New York & Long Branch Railroad
Central Vermont Railway, Inc.
Cincinnati Union Terminal Company
Dayton Union Railway Company
Delaware & Hudson Railroad Corporation
Detroit & Toledo Shore Line Railroad Company
Detroit Terminal Railroad Company
Detroit, Toledo & Ironton Railroad Company
Erie-Lackawanna Railroad Company
Grand Trunk Western Railroad Company
Indianapolis Union Railway Company
Lehigh & Hudson River Railway Company
Lehigh Valley Railroad Company
Long Island Rail Road Company
Maine Central Railroad Company
Portland Terminal Company
Monon Railroad Company
Monongahela Railway Company
New York Central System
New York District (Inc. Grand Central Terminal) (Lines East)
Eastern District (Including B.&A. Division) (Lines East)
Western District (Lines West)
Cleveland Union Terminals Co.
Northern District (Michigan Central)
Southern District (C.C.C. & St. L.)
Indiana Harbor Belt Railroad Company
Troy Union R.R. Company
New York, Chicago & St. Louis Railroad Company
New York, New Haven & Hartford Railroad Company
Boston Terminal Company
New York, Susquehanna & Western Railroad Company
Pennsylvania Railroad Company
Pennsylvania-Reading Seashore Lines
Pittsburgh & West Virginia Railway Company
Port Authority Trans-Hudson Corporation
Reading Company
Washington Terminal Company
Western Maryland Railway Company
Alton & Southern Railroad
Atchison, Topeka & Santa Fe Railway
Gulf, Colorado & Santa Fe Railway
Panhandle & Santa Fe Railway
Belt Railway Company of Chicago
Chicago & Eastern Illinois Railroad
Chicago & Illinois Midland Railway
Chicago & North Western Railway Company (Inc.C.St.P.M.&O.)
Chicago & Western Indiana Railroad
Chicago, Burlington & Quincy Railroad
Chicago Great Western Railway
Chicago, Milwaukee, St. Paul & Pacific Railroad
Chicago, Rock Island & Pacific Railroad
Colorado & Southern Railway
Denver & Rio Grande Western Railroad
Denver Union Terminal Railway
Elgin, Joliet & Eastern Railway
Ft. Worth & Denver Railway
Galveston, Houston & Henderson Railroad
Great Northern Railway
Green Bay & Western Railroad
Kewaunee, Green Bay & Western Railroad
Houston Belt & Terminal Railway
Illinois Central Railroad
Paducah & Illinois Railroad
Joint Texas Division of C.R.I.7P. Railroad and Ft.W.&D.Ry.
Kansas City Southern Railway
Louisiana & Arkansas Railway
Kansas City Terminal Railway
Missouri-Kansas-Texas Railroad Company
Missouri Pacific Railroad
Southern & Western Districts
Gulf District
Union Railway (Memphis)
Northern Pacific Railway
Pacific Electric Railway
Peoria & Pekin Union Railway
St. Louis-San Francisco Railway
St. Louis, San Francisco & Texas Railway
St. Louis Southwestern Railway
Soo Line Railroad
Southern Pacific Company (Pacific Lines)
Southern Pacific Company-- Texas and Louisiana Lines (T.&N.O.)
Spokane, Portland & Seattle Railway
Oregon Electric Railway
Oregon Trunk Railway
Terminal Railroad Association of St. Louis
Texas & Pacific Railway
Texas Pacific-Missouri Pacific Terminal Railroad of New Orleans
Toledo, Peoria & Western Railroad
Union Pacific Railroad
Union Terminal Company (Dallas)
Wabash Railroad
Western Pacific Railroad
Atlanta & West Point R.R. Company
Western Railway of Alabama
Atlantic Coast Line Railroad
Birmingham Terminal Company
Chattanooga Station Company
Central of Georgia Railway Company
Chesapeake & Ohio Railway Company
Clinchfield Rail Road Company
Florida East Coast Railway
Georgia Railroad
Gulf, Mobile & Ohio Railroad Company
Jacksonville Terminal Company
Kentucky & Indiana Terminal Railroad
Louisville & Nashville Railroad
Norfolk & Western Railway Company
Richmond, Fredericksburg & Potomac Railroad Company
Seaboard Air Line Railroad
Southern Railway
Alabama Great Southern
Cincinnati, New Orleans & Texas Pacific
Georgia Southern & Florida
Harriman & Northeastern
New Orleans & Northeastern
New Orleans Terminal Company
St. Johns River Terminal Company
THE WHITE HOUSE,
January 3, 1964.
LYNDON B. JOHNSON
/1/ 45 U.S.C.A. 160.
Executive Order No. 11134, 28 F.R. 14207, December 24, 1963,
REGISTRATION AND VOTING PARTICIPATION
By virtue of the authority vested in me as President of the United
States, it is ordered that section 8 of Executive Order No. 111100 of
March 30, 1963, /3/ be, and it is hereby, amended by substituting for
the last sentence thereof the following: "The Commission shall
terminate not later than March 30, 1963."
THE WHITE HOUSE,
Approved, December 20, 1963, Washington, D.C.
LYNDON B. JOHNSON
/3/ 1963 U.S.Code Cong. & Adm.News, p. 1724.
Executive Order No. 11133, 28 F.R. 13835, December 19, 1963
By virtue of the authority vested in me by section 6103(a) of the
Internal Revenue Code of 1954 (68A Stat. 753; 26 U.S.C. 6103(a), /2/ it
is hereby ordered that any income, estate, or gift tax return for the
years 1959 to 1963, inclusive, shall, during the Eighty-eighth Congress,
be open to inspection by the Senate Committee on Rules and
Administration or any duly authorized subcommittee thereof, in
connection with its study and investigation with respect to any
financial or business interests or activities of any officer or employee
or former officer or employee of the Senate, pursuant to Senate
Resolution 212, 88th Congress, agreed to October 10, 1963. Such
inspection shall be in accordance and upon compliance with the rules and
regulations prescribed by the Secretary of the Treasury in Treasury
Decision 6132, relating to the inspection of returns by committees of
the Congress, approved by the President on May 3, 1955.
This order shall be effective upon its filing for publication in the
FEDERAL REGISTER.
THE WHITE HOUSE,
December 17, 1963.
LYNDON B. JOHNSON
/2/ 26 U.S.C.A. (I.R.C. 1954) 6103(a).
Executive Order No. 11132, 28 F.R. 13533, December 14, 1963
WHEREAS foreign trade is an essential and continuing element in the
economic strength of the United States, and expansion of exports by and
through private enterprise is of increasing importance and necessity to
the economic welfare of this nation; and
WHEREAS there is a need for a continuing and systematic coordination
of Government programs and policies designed to promote and expand
United States exports;
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is ordered as follows:
Section 1. Interagency Committee on Export Expansion. (a) There is
hereby established the Interagency Committee on Export Expansion
(hereinafter referred to as the "Committee"), to serve in an advisory
capacity to the Secretary of Commerce with respect to export expansion
policies and programs, which shall consist of the following members:
The Secretary of Commerce, who shall be Chairman; the Secretary of the
Treasury; the Secretary of Agriculture; the Secretary of State; the
Secretary of Defense; the President of the Export-Import Bank of
Washington; the Administrator of the Small Business Administration;
and the Administrator of the Agency for International Development. The
Chairman shall from time to time invite other heads of Federal agencies
to participate in Committee meetings when matters affecting their
interests are to be considered by the Committee.
(b) Each member of the Committee shall designate an officer to sit on
the Committee as an alternate member whenever the designating member is
absent or otherwise unable to participate in a meeting of the Committee.
Alternate members from executive departments shall be of rank not less
than that of Assistant Secretary and other alternate members shall be of
rank as nearly comparable to that of an Assistant Secretary as may be
practicable.
SEC. 2. The Secretary of Commerce. The Secretary of Commerce shall
be responsible for developing methods for improving coordination among
Federal agencies in the development and carrying out of export promotion
programs.
SEC. 3. Functions of the Committee. The Committee shall advise the
Secretary of Commerce with regard to (1) means for developing and
stimulating more effective export expansion programs; (2) changes in
existing policies and programs of the Federal agencies which relate to
improving export promotion and expansion; and (3) related areas upon
which the Chairman may request advice.
SEC. 4. Consultation. In the performance of its functions hereunder
the Committee, as may be appropriate, shall seek the advice and support
of the National Export Expansion Council and shall consult and closely
coordinate with the Cabinet Committee on Balance of Payments.
SEC. 5. Administrative arrangements. (a) As may be necessary for
effectuating the purposes of this order, the Federal agencies
represented on the Committee under the provisions of Section 1 hereof
shall furnish assistance to the Committee in consonance with Sections
214 of the Act of May 3, 1945 (59 Stat. 134; 31 U.S.C. 691). Such
assistance may include the detailing of employees to the Committee to
perform such functions consistent with the purposes of this order as the
Committee may assign to them and may also include the assignment by the
Secretary of Commerce of an official in the Department of Commerce to
serve as the executive director of the Committee.
(b) With respect to functions of the Committee under this order and
insofar as practicable, Federal agencies shall upon request of the
Committee furnish it information, data, and reports and shall otherwise
cooperate with the Committee.
SEC. 6. Construction. (a) Nothing in this order shall be construed
to abrogate, modify, or restrict any function vested by law in, or
assigned pursuant to law to, any Federal agency or any officer thereof,
or any Federal interagency council or committee.
(b) As used herein the term "Federal Agencies" includes executive
departments and other executive agencies.
THE WHITE HOUSE,
December 12, 1963
LYNDON B. JOHNSON
Executive Order No. 11131, 28 F.R. 13485, December 13, 1963, DISPUTES
BETWEEN AIRLINES EMPLOYEES
WHEREAS disputes exist between the Braniff Airways, Inc., Continental
Airlines, Inc., Eastern Air Lines, Inc., National Airlines, Inc.,
Northwest Airlines, Inc., and Trans World Airlines, Inc., air carriers
and certain of their employees represented by the International
Association of Machinists, AFL-CIO, a labor organization; and
WHEREAS these disputes have not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS these disputes, in the judgment of the National Mediation
Board threaten substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service;
NOW, THEREFORE, by virtue of the authority vested in me by Section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /1/ I hereby
create a board of three members, to be appointed by me, to investigate
these disputes. No member of the board shall be pecuniarily or
otherwise interested in any organization of airline employees or any
carrier.
The board shall report its findings to the President with respect to
the disputes within thirty days from the date of this order.
As provided by Section 10 of the Railway Labor Act, as amended from
this date, and for thirty days after the board has made its report to
the President, no change, except by agreement, shall be made by the
above named air carriers or by their employees, in the conditions out of
which the dispute arose.
THE WHITE HOUSE,
December 11, 1963.
LYNDON B. JOHNSON
/1/ 45 U.S.C.A. 160.
Executive Order No. 11130, 28 F.R. 12789, December 3, 1963
Pursuant to the authority vested in me as President of the United
States, I hereby appoint a Commission to ascertain, evaluate and report
upon the facts relating to the assassination of the late President John
F. Kennedy and the subsequent violent death of the man charged with the
assassination. The Commission shall consist of--
The Chief Justice of the United States, Chairman;
Senator Richard B. Russell;
Senator John Sherman Cooper;
Congressman Hale Boggs;
Congressman Gerald R. Ford;
The Honorable Allen W. Dulles;
The Honorable John J. McCloy
The purposes of the Commission are to examine the evidence developed
by the Federal Bureau of Investigation and any additional evidence that
may hereafter come to light or be uncovered by federal or state
authorities; to make such further investigation as the Commission finds
desirable; to evaluate all the facts and circumstances surrounding such
assassination, including the subsequent violent death of the man charged
with the assassination, and to report to me its findings and
conclusions.
The Commission is empowered to prescribe its own procedures and to
employ such assistants as it deems necessary.
Necessary expenses of the Commission may be paid from the "Emergency
Fund for the President".
All Executive departments and agencies are directed to furnish the
Commission with such facilities, services and cooperation as it may
request from time to time.
THE WHITE HOUSE,
November 29, 1963.
LYNDON B. JOHNSON
Executive Order No. 11129, 28 F.R. 12787, December 3, 1963
WHEREAS President John F. Kennedy lighted the imagination of our
people when he set the moon as our target and man as the means to reach
it; and
WHEREAS the installations now to be renamed are a center and symbol
of our country's peaceful assault on space; and
WHEREAS it is in the nature of this assault that it should test the
limits of our youth and grace, our strength and wit, our vigor and
perseverance qualities fitting to the memory of John F. Kennedy;
NOW, THEREFORE, by virtue of the authority in me as President of the
United States, I hereby designate the facilities of the Launch
Operations Center of the National Aeronautics and Space Administration
and the facilities of Station No. 1 of the Atlantic Missile Range, in
the State of Florida, as the John F. Kennedy Space Center; and such
facilities shall be hereafter known and referred to by that name.
THE WHITE HOUSE,
November 29, 1963.
LYNDON B. JOHNSON
Executive Order No. 11128, 28 F.R. 12609, November 27, 1963
By virtue of the authority vested in me as President of the United
States, it is hereby ordered as follows:
1. All Executive departments, independent establishments, and other
governmental agencies, including their field services, shall be closed
on Monday, November 25, 1963, as a mark of respect for President John
Fitzgerald Kennedy.
2. This order shall not apply to those offices and installations, or
parts thereof, in the Department of State, the Department of Defense, or
other departments, independent establishments, and governmental agencies
which the heads thereof determine should remain open for reasons of
national security or defense or other public reasons.
THE WHITE HOUSE
November 23, 1963.
LYNDON B. JOHNSON
Executive Order No. 11127, 28 F.R. 12079, November 13, 1963, FLORIDA
EAST COAST RAILWAY
WHEREAS a dispute exists between the Florida East Coast Railway
Company, a carrier, and certain of its employees represented by the
Eleven Cooperating Railway Labor Organizations, designated in LIST A
attached hereto and made a part hereof; and
WHEREAS this dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS this dispute, in the judgment of the National Mediation
Board, threatens substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by Section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /4/ I hereby
create a board of three members, to be appointed by me, to investigate
this dispute. No member of the board shall be pecuniarily or otherwise
interested in any organization of railroad employees or any carrier.
The Board shall report its findings to the President with respect to
this dispute within thirty days from the date of this order.
As provided by Section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the Florida
East Coast Railway Company, or by its employees, in the conditions out
of which the dispute arose.
THE WHITE HOUSE,
November 9, 1963.
International Association of Machinists.
International Brotherhood of Boilermakers, Iron Ship Builders,
Blacksmiths,
Forgers and Helpers
Sheet Metal Workers' International Association
International Brotherhood of Electrical Workers
Brotherhood of Railway Carmen of America
International Brotherhood of Firemen and Oilers
Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express and Station Employees.
Brotherhood of Maintenance of Way Employes
The Order of Railroad Telegraphers
Brotherhood of Railroad Signalmen
Hotel & Restaurant Employees & Bartenders' International Union
JOHN F. KENNEDY
/4/ 45 U.S.C.A. 160.
Executive Order No. 11126, 28 F.R. 11717, November 2, 1963, STATUS OF
WOMEN
The President's Commission on the Status of Women, established by
Executive Order No. 10980 of December 14, 1961, /3/ has in fulfillment
of its responsibilities, submitted a report concerning the steps that
should be taken to further the effort to achieve the full participation
of women in American life.
Enhancement of the quality of American life, as envisioned by the
Commission's report, can be accomplished only through concerted action
by both public and private groups, through coordinated action within the
Federal Government, and through action by States, communities,
educational institutions, voluntary organizations, employers, unions,
and individual citizens.
In order to assure effective and continuing leadership in advancing
the status of women, it is deemed appropriate to establish an
interdepartmental committee and a citizens' advisory council on the
status of women.
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is ordered as follows:
Section 101.(a) There is hereby established the interdepartmental
Committee on the Status of Women (hereinafter referred to as the
"Committee"), which shall be composed of the Secretary of Labor, who
shall be the Chairman of the Committee, the Secretary of State, the
Secretary of Defense, the Attorney General, the Secretary of
Agriculture, the Secretary of Commerce, the Secretary of Health,
Education, and Welfare, and the Chairman of the Civil Service
Commission, all ex officio. The Director of the Women's Bureau of the
Department of Labor shall serve as Executive Vice-Chairman of the
Committee, and shall be an ex officio member thereof.
(b) When any matter especially related to the area of responsibility
of any Federal department or agency, the head of which is not a member
of the Committee, is to be considered by the Committee, the Chairman of
the Committee shall invite the head of such department or agency to
participate in the deliberations of the Committee with respect to such
matter and to be a temporary member of the Committee during such
deliberations.
Sec. 102. The Committee shall--
(1) Maintain a continuing review and evaluation of the progress of
Federal departments and agencies in advancing the status of women.
(2) Serve as a clearing house for information as to the activities
being directed toward, and the progress being made in, improving
conditions of special interest to women.
(3) Stimulate cooperation and the sharing of data, views, and
information among Federal agencies, State and local governments. State
commissions on the status of women, and public and private organizations
having responsibilities and interests in areas of special concern to
women.
(4) Encourage research on factors affecting the status of women in
the areas of education, home and community activities, employment,
social insurance, taxes, civil and political rights, labor legislation,
and related matters.
(5) Exchange information with the Citizens' Advisory Council on the
Status of Women, established by Part II of this order, on progress
toward advancing the status of women and on new developments requiring
consideration by the Council and the Committee.
Sec. 103. Annually the Committee shall transmit to the President a
consolidated report concerning the activities of the Committee and the
Citizens' Advisory Council.
Sec. 201. There is hereby established the Citizens' Advisory Council
on the Status of Women (hereinafter referred to as the "Council"), which
shall be composed of 17 members appointed by the President, one of whom
he shall designate to serve as Chairman. The council shall meet at the
call of the Chairman of the Committee, but not less than twice a year.
Members of the Council shall serve without compensation from the United
States.
Sec. 202. The Council shall--
(1) Serve as a primary means for suggesting and stimulating action
with private institutions, organizations, and individuals working for
improvement of conditions of special concern to women.
(2) Review and evaluate progress of organizations in furthering the
full participation of women in American life.
(3) Advise and assist the Committee in the evaluation of total
progress made and recommend to the Committee, as necessary, action to
accelerate such progress.
(4) Consider the effect of new developments on methods of advancing
the status of women and recommend appropriate action to the Committee.
Sec. 301. The departments the heads of which are, under Section
101(a) of this order, members of the Committee and the Civil Service
Commission shall, as may be necessary, furnish assistance to the
Committee in accordance with Section 214 of the Act of May 3, 1945, 59
Stat. 134 (31 U.S.C. 691). To the extent practical and not inconsistent
with law, (1) all Federal departments and agencies shall cooperate with
the Committee and the Council and furnish them such information and
assistance as may be necessary for the performance of their functions,
and (2) the Secretary of Labor shall furnish staff, office space, office
facilities and supplies and other necessary assistance, facilities, and
services for the Committee and Council (including travel expenses, and
per diem in lieu of subsistence for members of the Council).
THE WHITE HOUSE,
November 1, 1963.
JOHN F. KENNEDY
/3/ 1962 U.S.Code Cong. & Adm.News, p. 4252.
Executive Order No. 11125, 28 F.R. 11609, October 31, 1963
By virtue of the authority vested in me by section 301 of title 3 of
the United States Code, and as President of the United States, it is
ordered as follows:
Section 1. As used in this order, "department" means an executive
department, "agency" means an independent agency or establishment or a
government corporation and "head of an agency" means, in the case of an
agency headed by more than one person, the chairman or comparable member
of such agency.
Sec. 2. There is delegated, in accordance with and to the extent
prescribed in sections 3 and 4 of this order, the authority of the
President under sections 205 and 208(b) of title 18, United States Code,
to permit certain actions by an officer or employee of the Government,
including a special Government employee, for appointment to whose
position the President is responsible.
Section 3. Insofar as the authority of the President referred to in
section 2 extends to any appointee of the President subordinate to or
subject to the chairmanship of the head of a department or agency, it is
delegated to such department or agency head.
Sec. 4. Insofar as the authority of the President referred to in
section 2 extends to an appointee of the President who is within or
attached to a department or agency for purposes of administration, it is
delegated to the head of such department or agency.
Sec. 5. Notwithstanding any provision of the preceding sections to
the contrary, this order shall not be deemed to include a delegation of
the authority of the President referred to in section 2 insofar as it
extends to (a) the head of a department or agency, including an agency
in the Executive Office of the President; (b) presidential appointees
in the Executive Office of the President who are not subordinate to the
head of an agency in that Office; and (c) presidential appointees to
committees, boards, commissions or similar groups established by the
President.
THE WHITE HOUSE,
October 29, 1963.
JOHN F. KENNEDY
/2/ 18 U.S.C.A. 205 and 208.
Executive Order No. 11124, 28 F.R. 11607, October 31, 1963
By virtue of the authority vested in me as President of the United
States, it is ordered as follows:
Section 1. Executive Order No. 11112 of June 12, 1963, /1/ headed
"Establishing the President's Advisory Council on the Arts," is hereby
amended by substituting for subsection (b) of Section 1 thereof the
following:
"(b) The Council shall be composed of the Secretary of State, the
Secretary of the Treasury, the Secretary of Defense, the Postmaster
General the Secretary of the Interior, the Secretary of Labor, the
Secretary of Health, Education, and Welfare, the Housing and Home
Finance Administrator, the Chairman of the Commission of Fine Arts, the
Secretary of the Smithsonian Institution, the Director of United States
Information Agency, the Administrator of General Services, the President
of the National Gallery of Art, the Chairman of the Trustees of the
National Cultural Center, the President's Special Consultant on the
Arts, and no more than forth members appointed by the President from
among persons in private life who are widely recognized for their role
in the arts, including practicing artists, civic and cultural leaders,
and others professionally engaged in the arts. Members from private
life shall serve for terms of two years, except that the terms of
members initially appointed shall be for one or two years as specified
by the President. The Chairman shall also invite the Librarian of
Congress to be a member of the Council."
Sec. 2. Section 1 of this order shall not be deemed to terminate or
change the tenure, as a member of the President's Advisory Council on
the Arts of any person who on the date next preceding the date of this
order is such a member.
THE WHITE HOUSE,
October 28, 1963.
JOHN F. KENNEDY
/1/ 1963 U.S.Code & Adm.News, p. 1738.
Executive Order No. 11123, 28 F.R. 11249, October 22, 1963, PERSONNEL
ON FOREIGN DUTY
By virtue of the authority vested in me by Section 235(a) of title 38
of the United States Code, /3/ and as President of the United States, it
is ordered as follows:
Section 1. Executive Order No. 10853 of November 27, 1959, /4/
headed "Delegating the authority of the President with respect to
various allowances to certain Government personnel on foreign duty," as
amended, is hereby amended by substituting for Section 2(c) thereof the
following:
"(c) The authority vested in the President by Section 235(a) of title
38 of the United States Code to prescribe rules and regulations, to the
extent that such authority is in respect of the following:
"(1) Section 235(a)(5) of title 38, except as that section pertains
to allowance similar to that provided for in Section 911(9) of the
Foreign Service Act of 1946, as amended (22 U.S.C. 1136(9)),
"(2) Section 235(a)(6) of title 38, and
"(3) Section 235(a)(8) of that title."
Sec. 2. The rules and regulations prescribed by the Secretary of
State pursuant to Section 2(c) of the said Executive Order No. 10853, or
pursuant thereto as amended, shall be effective from such date or dates
as he shall determine, but not in any case earlier than October 15,
1962, in respect of Europe (38 U.S.C. 230(c)) or earlier than January 9,
1961, in respect of territory of the Republic of the Philippines (38
U.S.C. 230(b)).
THE WHITE HOUSE,
October 18, 1963
JOHN F. KENNEDY
/3/ 38 U.S.C.A. 235(a).
/4/ 1959 U.S.Code Cong. & Adm.News, p. 1128.
Executive Order No. 11122, 28 F.R. 11171, October 18, 1963
WHEREAS a substantial number of families, both farm and nonfarm,
living in rural areas have relatively low cash incomes and do not share
equitably in the economic and social progress of the Nation, and it is
desirable to encourage and assist such families by providing greater
opportunity for their participation in the Nation's production of goods
and services and in community, civic, and other affairs; and
WHEREAS the Federal Government, in cooperation with the several
States and local governments and private agencies and individuals,
pursues a rural development program designed to develop the human
resources in rural America by a series of concerted actions to identify
the needs of low-income rural people and to help them to achieve greater
rewards for their contributions to our national progress; and
WHEREAS the meeting of legitimate rural-development needs requires
vigorous and sustained Federal effort; and
WHEREAS it is necessary to provide suitable Federal organization for
the purpose of promoting the coordination of the efforts of the various
departments and agencies in this work;
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is ordered as follows:
Section 1. There is hereby created the Rural Development Committee
(hereinafter referred to as the "Committee") which shall consist of the
following members all ex officio: the Secretary of Agriculture, who
shall be the chairman of the Committee, the Secretary of Commerce,
Interior, the Secretary of Labor, the Secretary of the Treasury, the
Housing and Home Finance Administrator, and the Administrator of the
Small Business Administration. The chairman may from time to time
invite the participation of officials of other agencies of the executive
branch interested in the functions of the Committee. Each member of the
Committee may designate an officer to his agency to act for him as a
member of the Committee with respect to any matter considered by the
Committee.
Sec. 2. The Committee shall provide leadership and uniform policy
guidance to the several Federal departments and agencies responsible for
rural-development program functions and related activities so that they
may take more effective and concerted actions in carrying out those
functions and activities and cooperate more effectively with non-Federal
participants, both private and governmental, in the work.
Sec. 3. In conducting its activities, the Committee shall place
particular emphasis on effective public and private cooperation and
leadership for rural development at the State and local levels, and to
that end, shall provide guidance for the conduct of Federal rural
development program functions, and related activities in a manner
designed to produce optimum State, local, and private participation and
initiative in identifying and meeting local needs.
Sec. 4. The Secretary of Agriculture and the Secretary of Commerce,
jointly and individually, shall institute and maintain appropriate
measures for the effective coordination of each of the following: (1)
the rural development program of the Department of Agriculture and the
functions of the Department of Commerce under the Area Redevelopment Act
(75 Stat. 47), and (2) the activities of the Committee and the
activities of the Area Redevelopment Advisory Policy Board (75 Stat.
48).
Sec. 5. Each department and agency responsible for functions and
activities that can contribute to the objectives of the rural
development program and related activities shall carry those functions
and activities forward in such a manner as to make the fullest possible
contribution to the objectives of rural development.
Sec. 6. The departments and agencies represented on the Committee
shall, as may be necessary for the purpose of effectuating the
provisions of this order, furnish assistance to the Committee in
consonance with Section 214 of the Act of May 3, 1945, 59 Stat. 134 (31
U.S.C. 691). /1/ Such assistance may include the detailing of employees
to the Committee, one of whom may serve as its executive secretary, to
perform such functions consistent with the purpose of this order as the
Committee may assign to them.
Sec. 7. Nothing in this order shall be deemed to authorize any
executive department or any other executive agency established by law to
carry out any program which is inconsistent with law.
Sec. 8. Executive Order No. 10847 of October 12, 1959, /2/ is hereby
revoked.
THE WHITE HOUSE,
October 16, 1963.
JOHN F. KENNEDY
/1/ 31 U.S.C.A. 691.
/2/ 1959 U.S.Code Cong. & Adm.News, p. 1111.
Executive Order No. 11121, 28 F.R. 10855, October 10, 1963, UNITED
AIR LINES, INC., DISPUTE
WHEREAS a dispute exists between the United Air Lines, Inc., a
carrier, and certain of its employees represented by the International
Association of Machinists, AFL-CIO, a labor organization; and
WHEREAS this dispute has not heretofore been adjusted under the
provision of the Railway Labor Act, as amended; and
WHEREAS this dispute, in the judgment of the National Mediation
Board, threatens substantially to interrupt commerce to a degree such as
to deprive a section of the country of essential transportation service;
NOW, THEREFORE, by virtue of the authority vested in me by Section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /2/ I hereby
create a board of three members, to be appointed by me, to investigate
this dispute. No member of the board shall be pecuniarily or otherwise
interested in any organization of airline employees or any carrier.
The Board shall report its findings to the President with respect to
the dispute within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the United
Air Lines, Inc., or by its employees, in the conditions out of which the
dispute arose.
THE WHITE HOUSE,
October 9, 1963.
JOHN F. KENNEDY
/2/ 45 U.S.C.A. 160.
Executive Order No. 11120, 28 F.R. 10631, October 3, 1963, INCENTIVE
PAY, ETC.
By virtue of the authority vested in me by sections 301(a) and (f),
305, and 403 of title 37, United States Code, /1/ and as President of
the United States and Commander in Chief of the armed forces of the
United States, it is hereby ordered as follows:
Section 1. Executive Order No. 10152 of August 7, 1950, as amended,
is further amended as follows:
(a) Section 6 is amended to read as follows:
"Sec. 6. As determined by the Secretary of the Navy, members who,
pursuant to competent orders, are attached to a submarine which is in an
active status and members qualified in submarines who, pursuant to
competent orders, are assigned as prospective crew members of a
submarine under construction or are receiving instruction to prepare for
assignment to a submarine of advanced design or for a position of
increased responsibility on a submarine shall be entitled to receive
incentive pay for the performance of submarine duty. In the case of
nuclear-powered submarines this entitlement shall include periods of
training and rehabilitation after assignment thereto. A member who,
pursuant to competent orders, performs duty as an operator or crew
member of an operational self-propelled submersible, including undersea
exploration; and research vehicles, shall likewise be entitled to
receive incentive pay for the performance of submarine duty."
(b) Section 8(a) is amended to read as follows:
"(a) As used in section 301(a) of title 37 of the United States Code
the term 'duty involving parachute jumping as an essential part of
military duty' shall be construed to mean duty performed by members who,
under such regulations as the Secretary concerned may prescribe, have
received a rating as a parachutist or parachute rigger, or are
undergoing training for such a rating, and who are required by competent
orders to engage in parachute jumping from an aircraft in aerial
flight."
(c) Section 9 is amended by striking out subsections (c), (d), and
(g) and amending subsection (e) to read as follows:
"(e) The term 'duty inside a high or low-pressure chamber' shall be
construed to mean duty performed within pressure chambers at
physiological facilities by members assigned to that duty."
(d) Section 10 is amended to read as follows:
"Sec. 10. Any member who is required by competent orders to perform
hazardous duty, or multiple hazardous duties, and who becomes injured or
otherwise incapacitated as a result of the performance of any such
hazardous duty, by aviation accident or otherwise, shall be deemed to
have fulfilled all of the requirements for the performance of all
hazardous duties which he is required by competent orders to perform,
for a period not to exceed three months following the date as of which
such incapacity is determined by the appropriate medical authority."
(e) Sections 12 and 13 are redesignated as sections "13" and "14",
respectively, and the following new section is added:
"Sec. 12. Under such regulations as the Secretary concerned may
prescribe, a member who performs multiple hazardous duties under
competent orders may be paid not more than two payments of incentive pay
for a period of time during which he qualifies for more than one such
payment. Dual payments of incentive pay shall be limited to those
members who are required by competent orders to perform specific
multiple hazardous duties in order to carry out their assigned
missions."
Sec. 2. Executive Order No. 10168 of October 11, 1950, as amended,
is further amended as follows:
(a) The title is amended to read as follows:
(b) Section 2(a)(2) is amended to read as follows:
"(2) While in a vessel pursuant to orders to temporary additional
duty or temporary duty on that vessel issued by competent authority
although based or stationed ashore, but only when such duty is eight
days or more in duration in each case."
(c) Sections 4, 5, 6, and 7 are amended to read as follows:
"Sec. 4. Enlisted members entitled to receive basic pay shall be
entitled to receive additionally, pay under the rates prescribed by
section 305(a) of title 37 of the United States Code, while on duty at
places that are outside the contiguous 48 States and the District of
Columbia and that re designated for this purpose by the Secretary of
Defense or, in the case of enlisted members of the Coast Guard when it
is not operating as a service in the Navy, by the Secretary of the
Treasury. Subject to the provisions of section 305 of title 37 of the
United States Code, as enlisted member who is permanently assigned to
duty at a place so designated is entitled to receive that pay during a
period of authorized leave, temporary additional duty, temporary duty,
or hospitalization, or while on an operational aircraft flight, but not
for more than thirty days while he is away from that place.
"Sec. 5. Unless otherwise entitled to special pay in accordance with
the last sentence of section 4, during periods spent on temporary
additional duty or temporary duty, or on operational aircraft flights,
pay in accordance with section 4 shall accrue to enlisted members only
for periods of eight continuous days or more in duration at places
designated, including the dates of arrival at, and the dates of
departure from, those places.
"Sec. 6. Enlisted members shall not be entitled to additional pay
under this order for duty which, under the provisions of supplementary
regulations prescribed hereunder, does not constitute either sea duty or
duty described in sections 4 and 5 hereof.
"Sec. 7. No enlisted member shall be entitled under this order to
receive both sea-duty pay and pay for duty described in sections 4 and 5
hereof for the same period of time; nor sea-duty pay and credit for
basic allowance for subsistence for the same period of time except
periods during which messing facilities are temporarily out of operation
to permit alterations or repairs and periods during which the member is
on leave beyond the contiguous 48 States and the District of Columbia."
Sec. 3. Executive Order No. 10204 of January 15, 1951, is amended by
adding the following new section:
"8. Unless the Secretary concerned, or his designee, determines that
military operational conditions require otherwise, a commissioned
officer without dependents who is in a pay grade above pay grade O-3 and
who is assigned to quarters of the United States or a housing facility
under the jurisdiction of a uniformed service, appropriate to his grade
or rank and adequate for. himself, may elect not to occupy those
quarters and instead to receive the basic allowance for quarters
prescribed for his pay grade by section 403 of title 37 of the United
States Code."
Sec. 4. The amendments made by this order shall be effective as of
October 1, 1963.
THE WHITE HOUSE,
October 2, 1963.
JOHN F. KENNEDY
/1/ 37 U.S.C.A. 301(a), (f), 305 and 403.
Executive Order No. 11119, 28 F.R. 9865, September 11, 1963
By virtue of the authority vested in me by the Universal Military
Training and Service Act (62 Stat. 604), as amended, /4/ I hereby
prescribe the following amendments of the Selective Service Regulations
prescribed by Executive Orders No. 10735 of October 17, 1957, /5/ No.
10984 of January 5, 1962, /6/ and No. 11098 of March 14, 1963, /7/ and
constituting portions of Chapter XVI of Title 32 of the Code of Federal
Regulations:
1. Subparagraph (3) of paragraph (a) of section 1631.7 of Part 1631,
Quotas and Calls, is amended to read as follows:
"(3) Nonvolunteers who have attained the age of 19 years and have not
attained the age of 26 years and who do not have a wife with whom they
maintain a bona fide family relationship in their homes, in the order of
their dates of birth with the oldest being selected first."
2. Subparagraphs (4) and (5) of paragraph (a) of section 1631.7 are
redesignated as subparagraph (5) and (6), respectively, and a new
subparagraph (4) is added to paragraph (a) to read as follows:
"(4) Nonvolunteers who have attained the age of 19 years and have not
attained the age of 26 years and who have a wife with whom they maintain
a bona fide family relationship in their homes, in the order of their
dates of birth with the oldest being selected first."
THE WHITE HOUSE,
September 10, 1963.
JOHN F. KENNEDY
/4/ 50 U.S.C.A.App. 451 et seq.
/5/ 1957 U.S.Code Cong. & Adm.News, p. 936.
/6/ 1962 U.S.Code Cong. & Adm.News, p. 4256.
/7/ 1963 U.S.Code Cong. & Adm.News, p. 1720.
Executive Order No. 11118, 28 F.R. 9863, September 11, 1963, UNLAWFUL
OBSTRUCTIONS OF JUSTICE
WHEREAS, on September 10, 1963, I issued a proclamation entitled
"Obstructions of Justice in the State of Alabama" pursuant in part to
the provisions of Section 334 of Title 10 of the United States Code;
/1/ and
WHEREAS the commands contained in that proclamation have not been
obeyed, and the unlawful obstructions of Justice, assemblies,
combinations, and conspiracies referred to therein continue;
NOW, THEREFORE, by virtue of the authority vested in me by the
Constitution and laws of the United States, including Chapter 15 of
Title 10 of the United States Code, particularly Sections 332, 333 and
334 thereof, /2/ and Section 301 of Title 3 of the United States Code,
/3/ it is hereby ordered as follows:
SECTION 1. The Secretary of Defense is authorized and directed to
take all appropriate steps to remove obstructions of justice in the
State of Alabama, to enforce the laws of the United States within that
State, including any orders of United States Courts relating to the
enrollment and attendance of students in public schools in the State of
Alabama, and to suppress unlawful assemblies, combinations,
conspiracies, and domestic violence which oppose, obstruct, or hinder
the execution of the law or impede the course of justice under the law
within the State.
SEC. 2. In furtherance of the authorization and direction contained
in Section 1 hereof, the Secretary of Defense is authorized to use such
of the Armed Forces of the United States as he may deem necessary.
SEC. 3. I hereby authorize and direct the Secretary of Defense to
call into the active military service of the United States, as he may
deem appropriate to carry out the purposes of this order, any or all of
the units of the Army National Guard and of the Air National Guard of
the State of Alabama to serve in the active military service of the
United States for an indefinite period and until relieved by appropriate
orders. In carrying out the provisions of Section 1, the Secretary of
Defense is authorized to use the units, and members thereof, of the Army
National Guard and of the Air National Guard of the State of Alabama
called into the active military service of the United States pursuant to
this section or otherwise.
SEC. 4. The Secretary of Defense is authorized to delegate to the
Secretary of the Army or the Secretary of the Air Force, or both, any of
the authority conferred upon him by this order.
THE WHITE HOUSE,
September 10, 1963.
JOHN F. KENNEDY
/1/ 10 U.S.C.A. 334.
/2/ 10 U.S.C.A. 332, 333 and 334.
/3/ 3 U.S.C.A. 301.
Executive Order No. 11117, 28 F.R. 8397, August 16, 1963,
INTERNATIONAL ATHLETICS
WHEREAS it is vital that the United States be constantly informed
concerning all events, activities, and conditions that might have a
potential effect upon the foreign relations of this Nation and the
well-being of its people; and
WHEREAS international amateur athletic competitions and related
activities conducted by private individuals and organizations free from
government sponsorship, interference, or control frequently make
significant contributions to international good will and elevate
standards of physical welfare throughout the world; and
WHEREAS these activities merit sympathetic attention and
encouragement by the United States; and
WHEREAS it would be advantageous for the Department of State to have
the advice and assistance of other departments and agencies in
discharging its responsibilities in this regard;
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is hereby ordered as follows:
Section 1(a). There is hereby established the Interagency Committee
on International Athletics. The Committee shall collect, exchange, and
review information concerning amateur athletic matters that might tend
to affect the foreign relations or general welfare of the United States.
The Committee shall be composed of representatives to be designated by
the Secretary of State, the Attorney General, the Secretary of Health,
Education, and Welfare (in his capacity as Chairman of the President's
Council on Physical Fitness), and the heads of such other departments
and agencies as the President may from time to time designate, or as may
be invited to participate in the activities of the Committee upon its
request. The head of each department or agency represented on the
Committee shall designate one or more alternates. The representative of
the Department of State shall serve as chairman of the Committee.
(b) As deemed necessary to facilitate its work, the Committee may
request any executive department or agency whose activities have
significant implications for the work of the Committee to designate a
liaison officer to consult with and advise the Committee.
(c) The departments and agencies represented on the Committee shall,
in accordance with law, furnish such assistance as may be required for
the work of the Committee, in conformity with section 214 of the Act of
May 3, 1945 (59 Stat. 134, 31 U.S.C. 691).
Sec. 2. To facilitate the collection, coordination, and review of
information by the Committee, the Committee may request information and
views from Federal departments and agencies and from such organizations
and individuals as may be willing and able to provide information
pertaining to its work. The Committee shall, from time to time, submit
reports and recommendations, as appropriate, to the President and to the
Secretary of State, and shall keep officials of the departments and
agencies represented on the Committee currently informed of its
activities.
Sec. 3. The representative of the Department of State, in addition
to serving as chairman, shall have primary responsibility for the
collection of comprehensive information on current and impending
developments pertaining to amateur athletics, and he shall make such
information available to the Committee.
THE WHITE HOUSE,
August 13, 1963.
JOHN F. KENNEDY
Executive Order No. 11116, 28 F.R. 8075, August 8, 1963
By virtue of the authority vested in me by Section 4 of the Act of
May 10, 1943 (24 U.S.C. 34), /1/ and by Section 301 of title 3 of the
United States Code, /2/ and as President of the United States, it is
ordered as follows:
Section 1. Rates. Rates of charges for hospitalization and
dispensary services are hereby prescribed, under the last sentence of
Section 4 of the Act of May 10, 1943, c. 95, 57 Stat. 81 (24 U.S.C. 34),
and for the purposes of that section, as follows:
(1) Inpatient care, per diem:
(i) For employees of the United States who are not citizens of the
United States and their dependents.
(ii) For all others,
(2) Each outpatient treatment, examination, or consultation;
(i) For employees of the United States and their dependents,
(ii) For all others,
Sec. 2. Delegation. (a) Executive Order No. 10530 of May 10, 1954,
headed "Providing for the performance of certain functions vested in or
subject to the approval of the President," as amended, is hereby further
amended by adding at the end of Section 1 thereof the following
paragraph:
"(w) The authority vested in the President by the last sentence of
Section 4 of the Act of May 10, 1943, c. 95, 57 Stat. 81 (24 U.S.C. 34),
to prescribe from time to time rates of charges for hospitalization and
dispensary services."
(b) The provisions of Section 1 of this order shall be subject to
amendment, supersedure, or revocation, in whole or in part and at any
time or times after the effective date of this order, under authority of
Section 1(w) of Executive Order No. 10530 (as added by Section 2(a) of
this order).
Sec. 3. Revocation. Executive Order No. 9411 of December 23, 1943,
is hereby revoked.
Sec. 4. Effective date. The provisions of this order shall become
effective on January 1, 1964.
THE WHITE HOUSE,
August 5, 1963.
JOHN F. KENNEDY
/1/ 24 U.S.C.A. 34.
/2/ 3 U.S.C.A. 301.
Executive Order No. 11115, 28 F.R. 6905, July 6, 1963
WHEREAS disputes exist between the Pullman Company, The Chicago Rick
Island & Pacific Railroad Company, the New York Central System and the
Soo Line Railroad Company, and certain of their employees represented by
the Brotherhood of Sleeping Car Porters, a labor organization; and
WHEREAS these disputes have not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS these disputes, in the judgment of the National Mediation
Board, threaten substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service;
NOW, THEREFORE, by virtue of the authority vested in me by section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /1/ I hereby
create a board of three members, to be appointed by me, to investigate
these disputes. No member of the board shall be pecuniarily or
otherwise interested in any organization of railroad employees or any
carrier.
The board shall report its findings to the President with respect to
these disputes within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by The Pullman
Company, the Chicago, Rock Island & Pacific Railroad Company, the New
York Central System and The Soo Line Railroad Company, or by its
employees, in the conditions out of which this dispute arose.
THE WHITE HOUSE,
July 4, 1963.
JOHN F. KENNEDY
/1/ 45 U.S.C.A. 160.
Executive Order No. 11114, 28 F.R. 6485, June 25, 1963, EQUAL
EMPLOYMENT OPPORTUNITY
WHEREAS it is the policy of the United States Government to encourage
by affirmative action the elimination of discrimination because of race,
creed, color, or national origin in employment on work involving Federal
financial assistance, to the end that employment opportunities created
by Federal funds shall be equally available to all qualified persons;
and
WHEREAS Executive Order No. 10925 of March 6, 1961, /9/ 26 F.R. 1977,
reaffirmed the policy of requiring the inclusion of non-discrimination
provisions in Government contracts and established the President's
Committee on Equal Employment Opportunity to administer the program for
obtaining adherence to and compliance with such provisions; and
WHEREAS construction under programs of Federal grants, loans, and
other forms of financial assistance to State and local governments and
to private organizations creates substantial employment opportunities;
and
WHEREAS it is deemed desirable and appropriate to extend the existing
program for nondiscrimination in employment in Government contracts
established by Executive Order No. 10925 to include certain contracts
for construction financed with assistance from the Federal Government;
and
WHEREAS it is also desirable to amend Executive Order No. 10925 in
certain respects in order to clarify the authority of the President's
Committee on Equal Employment Opportunity:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States by the Constitution and statutes of the United
States, it is ordered as follows:
Section 101. Each executive department and agency which administers
a program involving Federal financial assistance shall, insofar as it
may be consistent with law, require as a condition for the approval of
any grant, loan, insurance or guarantee thereunder which may involve a
construction contract that the applicant for Federal assistance
undertake and agree to incorporate, or cause to be incorporated, into
all construction contracts paid for in whole or in part with funds
obtained from the Federal Government or borrowed on the Credit of the
Federal Government pursuant to any Federal program involving such grant,
contract, loan, insurance or guarantee, the provisions prescribed for
Government contracts by section 301 of Executive Order No. 10925 or such
modification thereof, preserving in substance the contractor's
obligations thereunder, as may be approved by the President's Committee
on Equal Employment Opportunity (the "Committee"), together with such
additional provisions as the Committee deems appropriate to establish
and protect the interest of the United States in the enforcement of
these obligations. Each such applicant shall also undertake and agree
(i) to assist and cooperate actively with the administering department
or agency and the Committee in obtaining the compliance of contractors
and subcontractors with said contract provisions and with the rules,
regulations, and relevant orders of the Committee, (ii) to obtain and to
furnish to the administering department or agency and to the Committee
such information as they may require for the supervision of such
compliance, (iii) to enforce the obligations of contractors and
subcontractors under such provisions, rules, regulations, and orders,
(iv) to carry out sanctions and penalties for violation of such
obligations imposed upon contractors and subcontractors by the Committee
or the administering department or agency pursuant to Part III, Subpart
D, of Executive Order No. 10925, and (v) to refrain from entering into
any contract subject to this order, or extension or other modifications
of such a contract with a contractor debarred from Government contracts
under Part III, Subpart D, of Executive Order No. 10925.
Sec. 102.(a) "Construction contract" as used herein means any
contract for the construction, rehabilitation, alteration, conversion,
extension, or repair of buildings, highways, or other improvements to
real property.
(b) The provisions of Part III of Executive Order No. 10925 shall
apply to such construction contracts, and for purposes of such
application the administering department or agency shall be considered
the contracting agency referred to therein.
(c) The term "applicant" as used herein means an applicant for
Federal assistance or, as determined by agency regulation, other program
participant, with respect to whom an application for any grant,
contract, loan, insurance or guarantee is not finally acted upon prior
to the effective date of this part, and it includes such an applicant
after he becomes a recipient of such Federal assistance.
Sec. 103.(a) Each administering department and agency shall be
primarily responsible for obtaining the compliance of such applicants
with their undertakings hereunder and shall comply with the rules of the
Committee in the discharge of this responsibility. Each administering
department and agency is directed to cooperate with the Committee, and
to furnish the Committee such information and assistance as it may
require in the performance of its functions under this order.
(b) In the event an applicant fails and refuses to comply with his
undertakings, the administering department or agency may, and upon the
recommendation of the Committee, shall take any or all of the following
actions:
(1) cancel, terminate, or suspend, in whole or in part the agreement
or contract with such applicant with respect to which the failure and
refusal occurred;
(2) refrain from extending any further assistance under any of its
programs subject to this order until satisfactory assurance of future
compliance has been received from such applicant;
(3) refer the case to the Department of Justice for appropriate legal
proceedings;
(c) No action shall be taken with respect to an applicant pursuant to
paragraph (1) or (2) of subsection (b) without notice and hearing before
the administering department or agency or the Committee, in accordance
with the rules and regulations of the Committee.
Sec. 104. The Committee may, by rule, regulation, or order, exempt
all or part of any program of an administering agency from the
requirements of this order when it deems that special circumstances in
the national interest so require.
Sec. 105. The Committee shall adopt such rules and regulations and
issue such orders as it deems necessary and appropriate to achieve the
purposes of this order.
Section 201. Section 301 of Executive Order No. 10925 of March 6,
1961, is amended to read:
"Section 301. Except in contracts exempted in accordance with
section 303 of this order, all Government contracting agencies shall
include in every Government contract hereafter entered into the
following provisions:
'During the performance of this contract, the contractor agrees as
follows:
'(1) The contractor will not discriminate against any employee or
applicant for employment because of race, creed, color, or national
origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment, without regard to their race, creed, color, or national
origin. Such action shall include, but not be limited, to the
following: employment, upgrading, demotion or transfer; recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this
non-discrimination clause.
'(2) The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, creed, color, or national origin.
'(3) The contractor will send to each labor union or representative
of workers with which he has a collective bargaining agreement or other
contract or understanding, a notice, to be provided by the agency
contracting officer, advising the said labor union or workers'
representative of the contractor's commitments under this section, and
shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
'(4) The contractor will comply with all provisions of Executive
Order No. 10925 of March 6, 1961, as amended, and of the rules,
regulations, and relevant orders of the President's Committee on Equal
Employment Opportunity created thereby.
'(5) The contractor will furnish all information and reports required
by Executive Order No. 10925 of March 6, 1961, as amended, and by the
rules, regulations, and orders of the said Committee, or pursuant
thereto, and will permit access to his books, records, and accounts by
the contracting agency and the Committee for purposes of investigation
to ascertain compliance with such rules, regulations, and orders.
'(6) In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said
rules, regulations, or orders, this contract may be cancelled,
terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts in accordance with
procedures authorized in Executive Order No. 10925 of March 6, 1961, as
amended, and such other sanctions may be imposed and remedies invoked as
provided in the said Executive Order or by rule, regulation, or order of
the President's Committee on Equal Employment Opportunity, or as
otherwise provided by law.
'(7) The contractor will include the provisions of paragraphs (1)
through (7) in every subcontract or purchase order unless exempted by
rules, regulations or orders of the President's Committee on Equal
Employment Opportunity issued pursuant to section 303 of Executive Order
No. 10925 of March 6, 1961, as amended, so that such provisions will be
binding upon each subcontractor or vendor. The contractor will take
such action with respect to any subcontract or purchase order as the
contracting agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however, that in the
event the contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction
by the contracting agency, the contractor may request the United States
to enter into such litigation to protect the interests of the United
States.'"
Sec. 202. Section 303 of Executive Order No. 10925 is amended to
read:
"The Committee may, when it deems that special circumstances in the
national interest so require, exempt a contracting agency from the
requirement of including any or all of the provisions of section 301 of
this order in any specific, contract, subcontract or purchase order.
The Committee may, by rule or regulation, also exempt certain classes of
contracts, subcontracts or purchase orders (a) where work is to be or
has been performed outside the United States and no recruitment of
workers within the limits of the United States is involved; (b) for
standard commercial supplies of raw materials; (c) involving less than
specified amounts of money or specified numbers of workers; or (d) to
the extent that they involve subcontracts below a specified tier. The
Committee may also provide, by rule, regulation, or order, for the
exemption of facilities of a contractor which are in all respects
separate and distinct from activities of the contractor related to the
performance of the contract, provided that such an exemption will not
interfere with or impede the effectuation of the purposes of this order
and provided that in the absence of such an exemption all such
facilities shall be covered by the provisions of this order."
Section 301. The Secretary of Health, Education, and Welfare and the
Administrator of the Housing and Home Finance Agency are designated
members of the Committee. Each such member may designate an alternate
to represent him in his absence.
Sec. 302. Section 401 of Executive Order No. 10925 shall apply to
the administering departments and agencies subject to this order.
Sec. 303. Part I of this order shall become effective thirty days
after the execution of this order. Parts II and III shall be effective
immediately.
THE WHITE HOUSE,
June 22, 1963.
JOHN F. KENNEDY
/9/ 5 U.S.C.A. 631 note.
Executive Order No. 11113, 28 F.R. 6183, June 15, 1963
By virtue of the authority vested in me by the Trade Expansion Act of
1962 (76 Stat. 872), and as President of the United States, it is
ordered that Executive Order No. 11075 of January 15, 1963 /7/ (28 F.R.
473), as amended by Executive Order No. 11106 of April 18, 1963 /8/ (28
F.R. 3911) be, and it is hereby, further amended by substituting for
subsection (c) of Section 2 thereof (48 CFR 1.2(c)) the following:
"(c) There shall be in the said Office two officers, each of whom
shall have the title 'Deputy Special Representative for Trade
Negotiations', with the rank of Ambassador. The principal functions of
each shall be to conduct negotiations under title II of the Act, and
each shall perform such additional duties as the Special Representative
may direct.
THE WHITE HOUSE,
June 13, 1963.
JOHN F. KENNEDY
/7/ 1963 U.S.Code Cong. & Adm.News, p. 1672.
/8/ 1963 U.S.Code Cong. & Adm.News, p. 1732.
Executive Order No. 11112, 28 F.R. 6037, June 14, 1963, ADVISORY
COUNCIL ON THE ARTS
By virtue of the authority vested in me as President of the United
States it is ordered as follows:
Section 1. Establishment of the Council. (a) There is hereby
established the President's Advisory Council on the Arts (hereinafter
referred to as the Council).
(b) The Counsel shall be composed of the Secretary of State, the
Secretary of the Treasury, the Secretary of Defense, the Postmaster
General, the Secretary of the Interior, the Secretary of Labor, the
Secretary of Health, Education, and Welfare, the Housing and Home
Finance Administrator, the Chairman of the Commission of Fine Arts, the
Secretary of the Smithsonian Institution, the Director of the United
States Information Agency, the Administrator of General Services, the
President's Special Consultant on the Arts, and no more than thirty
members appointed by the President from among persons in private life
who are widely recognized for their role in the arts, including
practicing artists, civic and cultural leaders, and others
professionally engaged in the arts. Members from private life shall
serve for terms of two years, except that the terms of members initially
appointed shall be for one or two years as specified by the President.
The Chairman shall also invite the Librarian of Congress to be a member
of the Council.
(c) The President shall designate the Chairman of the Council.
(d) Federal members of the Council shall receive no compensation for
such service. Members appointed from private life shall receive
compensation for each day engaged on business of the Council and travel
expenses, including per diem in lieu of subsistence, as authorized by
law (5 U.S.C. 55a; 5 U.S.C. 73b-2) /5/ for persons in the Government
service employed intermittently.
(e) The Council shall meet at the call of the Chairman.
Sec. 2. Functions and Responsibilities of the Council. (a) The
Council shall:
(1) Survey and assess the needs and prospects of the various arts
throughout the United States, the means used to encourage creative
activity and to afford opportunity for participation in and appreciation
and enjoyment of the arts, and the relative roles of governmental and
nongovernmental institutions in relation to the arts;
(2) Identify existing Federal legislation, policies, and programs
which directly or indirectly affect the arts, and evaluate their current
and potential effects on the development of cultural opportunities and
institutions and, except to the extent that responsibility may be vested
by statute in other Federal advisory bodies, the character and quality
of Federal activities in the field of the arts;
(3) Submit reports and recommendations to the President on its own
initiative or at the request of the President or the President's Special
Consultant on the Arts;
(4) Encourage and facilitate the most effective use of resources
available for support and development of the arts by advising and
consulting with Federal State and local agencies, civic and community
organizations and institutions; and
(5) Promote and stimulate public understanding and recognition of the
importance of the arts and cultural institutions to our national welfare
and international interests.
(b) In carrying outs its functions the Council shall, insofar as
practicable, provide interested Government and non-governmental agencies
and organizations and private citizens, including practicing artists and
others professionally engaged in the arts, an opportunity to present
their views and recommendations to the Council for its consideration.
(c) For the purposes of this section the arts are defined to include
music, drama, opera, dance, painting, sculpture, literature,
architecture and such allied fields as urban and landscape design,
photography, graphic arts, crafts, motion pictures, radio and
television.
Sec. 3. Federal Agencies. (a) As deemed necessary to facilitate the
work of the Council, the Chairman may request the head of any executive
department or agency whose activities have significant implications for
the arts to designate a liaison officer to consult with and advise the
Council on matters of common concern.
(b) Upon request of the Chairman each executive department and agency
is authorized and directed, consistent with law, to furnish the Council
available information which the Council may require in the performance
of its functions.
(c) Each Federal agency represented on the Council shall furnish such
necessary assistance to the Council as may be authorized by sections 214
of the Act of May 3, 1945, 59 Stat. 134 (31 U.S.C. 691). /6/
(d) The General Services Administration is hereby designated as the
agency which shall provide administrative services for the Council on a
reimbursable basis.
THE WHITE HOUSE,
June 12, 1963.
JOHN F. KENNEDY
/5/ 5 U.S.C.A. 55a and 73b-2.
/6/ 31 U.S.C.A. 691.
Executive Order No. 11111, 28 F.R. 5709, June 12, 1963
WHEREAS on June 11, 1963, I issued Proclamation No. 3542, /1/
pursuant in part to the provisions of section 334 of Title 10, United
States Code; /2/ and
WHEREAS the commands contained in the Proclamation have not been
obeyed, and the unlawful obstructions of justice and combinations
referred to therein continue:
NOW, THEREFORE, by virtue of the authority vested in me by the
Constitution and laws of the United States, including Chapter 15 and
Title 10 of the United States Code, /3/ particularly sections 332, 333
and 334 thereof, /4/ and section 301 of Title 3 of the United States
Code, it is hereby ordered as follows:
Section 1. The Secretary of Defense is authorized and directed to
take all appropriate steps to remove obstructions of Justice in the
State of Alabama, to enforce the laws of the United States within that
State, including the orders of the United States District Court for the
Northern District of Alabama referred to in the said Proclamation, and
to suppress unlawful assemblies, combinations, conspiracies, and
domestic violence which oppose or obstruct the execution of the laws of
the United States or impede the course of justice under those laws
within that State.
Sec. 2. In furtherance of the authorization and direction contained
in section 1 hereof, the Secretary of Defense is authorized to use such
of the Armed Forces of the United States as he may deem necessary.
Sec. 3. I hereby authorize and direct the Secretary of Defense to
call into the active military service of the United States, as he may
deem appropriate to carry out the purposes of this order, any or all of
the units of the Army National Guard and of the Air National Guard of
the State of Alabama to serve in the active military service of the
United States for an indefinite period and until relieved by appropriate
orders. In carrying out the provisions of section 1, the Secretary of
Defense is authorized to use the units, and members thereof, called into
the active military service of the United States pursuant to this
section.
Sec. 4. The Secretary of Defense is authorized to delegate to the
Secretary of the Army or the Secretary of the Air Force, or both, any of
the authority conferred upon him by this order.
THE WHITE HOUSE,
June 11, 1963.
JOHN F. KENNEDY
/1/ 1963 U.S.Code Cong. & Adm.News, p. 1634.
/2/ 10 U.S.C.A. 334.
/3/ 10 U.S.C.A. 331 et seq.
/4/ 3 U.S.C.A. 301.
Executive Order No. 11110, 28 F.R. 5605, June 7, 1963, DEPARTMENT OF
THE TREASURY
By virtue of the authority vested in me by section 301 of title 3 of
the United States Code, /5/ it is ordered as follows:
Section 1. Executive Order No. 10289 of September 19, 1951, as
amended, /6/ is hereby further amended--
(a) By adding at the end of paragraph 1 thereof the following
subparagraph (j):
"(j) The authority vested in the President by paragraph (b) of
section 43 of the Act of May 12, 1933, as amended (31 U.S.C. 821(b)), to
issue silver certificates against any silver bullion, silver, or
standard silver dollars in the Treasury not then held for redemption of
any outstanding silver certificates, to prescribe the denominations of
such silver certificates, and to coin standard silver dollars and
subsidiary silver currency for their redemption," and
(b) By revoking subparagraphs (b) and (c) of paragraph 2 thereof.
Sec. 2. The amendments made by this Order shall not affect any act
done, or any right accruing or accrued or any suit or proceeding had or
commenced in any civil or criminal cause prior to the date of this Order
but all such liabilities shall continue and may be enforced as if said
amendments had not been made.
THE WHITE HOUSE,
June 4, 1963.
JOHN F. KENNEDY
/5/ 3 U.S.C.A. 301.
/6/ 3 U.S.C.A. 301 note.
Executive Order No. 11109, 28 F.R. 5351, May 30, 1963
By virtue of the authority vested in me by section 55(a) of the
Internal Revenue Code of 1939, as amended (53 Stat. 29, 54 Stat. 1008;
/2/ 26 U.S.C. (1952 Ed.) 55(a)), /3/ and by section 6103(a) of the
Internal Revenue Code of 1954 (68A Stat. 753; 26 U.S.C. 6103(a)), /4/
it is hereby ordered that any income, excess-profits, estate, or gift
tax return for the years 1947 to 1963, inclusive, shall, during the
Eight-eight Congress, be open to inspection by the Committee on
Un-American Activities, House of Representatives, or any duly authorized
subcommittee thereof, for the purpose of carrying on those
investigations of subversive and un-American activities and propaganda
authorized by clause 18 of Rule XI of the Rules of the House of
Representatives, agreed to January 9, 1963. Such inspection shall be in
accordance and upon compliance with the rules and regulations prescribed
by the Secretary of the Treasury in Treasury Decisions 6132 and 6133,
relating to the inspection of returns by committees of the Congress,
approved by the President on May 3, 1955.
This order shall be effective upon its filing for publication in the
FEDERAL REGISTER.
THE WHITE HOUSE,
May 27, 1963.
JOHN F. KENNEDY
/2/ 26 U.S.C.A. (I.R.C. 1939) 55(a).
/3/ 26 U.S.C.A. (1952 Ed.) 55(a).
/4/ 26 U.S.C.A. (I.R.C. 1954 6103(a).
Executive Order No. 11108, 28 F.R. 5185, May 24, 1963
By virtue of the authority vested in me as President of the United
States by the International Wheat Agreement Act of 1949, as amended (7
U.S.C. 1641 et seq.), /1/ hereinafter referred to as the "Act," it is
hereby ordered as follows:
Section 1. Scope. The Secretary of Agriculture (hereinafter
referred to as "Secretary") shall exercise the power, authority, and
discretion conferred on the President by the Act, and to this end the
Secretary is authorized, among other things, to:
(a) Make available or cause to be made available, through the
Commodity Credit Corporation, such quantities of wheat and wheat-flour
and at such prices as are necessary to exercise the rights, obtain the
benefits, achieve the objectives, and fulfill the obligations of the
United States under the International Wheat Agreement.
(b) Prohibit or restrict the importation or exportation of wheat or
wheat flour and issue such rules and regulations as he may deem
necessary in the implementation of the International Wheat Agreement.
(c) Require, in accordance with such regulations as he may prescribe
the making of such reports and the keeping of such records as he finds
necessary to enable him to carry out the purposes of the Act.
(d) Examine such books, papers, records, accounts, correspondence,
contracts, documents, and memoranda as are relevant to transactions
under the International Wheat Agreement and are within the control of
any person required to make reports to keep records under such
regulations.
(e) Take such other action as may be necessary in his judgment in the
implementation of the International Wheat Agreement.
Sec. 2. Interagency Cooperation. The Secretary, in exercising the
authority delegated herein, shall consult with the Secretary of State,
the Special Representative for Trade Negotiations, and other officers or
agencies of the Government as may be appropriate.
Sec. 3. Redelegation. The Secretary is hereby authorized to
redelegate within the Department of Agriculture the authority
hereinabove delegated to him.
THE WHITE HOUSE,
May 22, 1963.
JOHN F. KENNEDY
/1/ 7 U.S.C.A. 1641 et seq.
Executive Order No. 11107, 28 F.R. 4225, April 30, 1963,
ADMINISTRATION OF ALASKA RAILROADS
By virtue of the authority vested in me by the Act of March 12, 1914,
entitled, "An Act to authorize the President of the United States to
locate, construct, and operate railroads in the Territory of Alaska, and
for other purposes," 38 Stat. 305, as amended (hereinafter referred to
as the Alaska Railroad Act), it is ordered as follows:
Section 1. General responsibility for railroad. The Secretary of
the Interior is authorized to operate the railroad or railroads, branch
lines, feeders and telegraph and telephone lines incident thereto,
constructed or acquired under the Act of March 12, 1914, or Acts
supplemental thereto, in all respects and to all intents and purposes as
if the operation thereof had been placed by law under the jurisdiction
of the Secretary of the Interior, except that the authority of the
Secretary under this order "to fix, change, or modify rates for the
transportation of passengers and property" shall be subject to the
authority of the Interstate Commerce Commission under Section 3 of this
order.
Sec. 2. Rates; Secretary of the Interior. In connection with
carrying out the authority under the Alaska Railroad Act "to fix,
change, or modify rates for the transportation of passengers and
property," the Secretary of the Interior from time to time:
(a) Shall allocate to the national public purposes which to a
substantial extent prompted the construction, expansion, maintenance,
and improvement of the railroad, the proper portion of the capital
investment of the railroad.
(b) Shall fix, change, or modify the rates with due regard for the
actions of the Interstate Commerce Commission authorized under this
order.
(c) Shall post the rates for public inspection and file them with t e
Interstate Commerce Commission.
Sec. 3. Rates; Interstate Commerce Commission. (a) In respect of
rates filed with the Interstate Commerce Commission pursuant to the
provisions of this order, the Commission may act, to the extent
practicable, and subject to the limitations provided in subsection (b)
of this section, in the same manner as though the railroad were subject
to Sections 1(1)(a), 1(4), 1(5), 1(5 1/2), 1(6), 6(3), 6(6), 6(9),
13(1), 13(2) (to the extent that it relates to action by the Interstate
Commerce Commission on its own motion), 15 (except 15(12) and 15(14)),
15a, 202(c), (1), and 202(c)(2) of the Interstate Commerce Act, as
amended.
(b) When determining the justness and reasonableness of rates or
charges maintained, or from time to time proposed to be maintained by
the railroad the Interstate Commerce Commission shall exclude for
valuation and cost finding purposes the portion of capital investment
allocated to national public purposes by the Secretary of the Interior
under Section 2(a) hereof, and such rates and charges shall not be
deemed to be unjust or unreasonable by reason of failure to yield
sufficient revenues to cover any amounts for taxes not actually required
by law to be paid or provide a return on capital investment.
Sec. 4. Transitional provisions. (a) The issuance of this order
shall not affect any action heretofore taken by the Secretary of the
Interior or his representative until such action has been modified or
revoked in accordance with the provisions of this order.
(b) As promptly after the date of this order as may be convenient,
the Secretary of the Interior shall post for public inspection and file
with the Interstate Commerce Commission rates as referred to in Section
2(c) of this order. The rates posted and filed under this subsection
may be the rates in force on the date of this order, with or without
subsequent changes or modifications, or new rates.
This order supersedes Executive Order No. 3861 of June 8, 1923, and
shall be codified for inclusion in the Code of Federal Regulations.
THE WHITE HOUSE,
April 25, 1963.
JOHN F. KENNEDY
Executive Order No. 11106, 28 F.R. 3911, April 20, 1963, TRADE
AGREEMENTS PROGRAM
By virtue of the authority vested in me by the Trade Expansion Act of
1962 (76 Stat. 872, /4/ Section 350 of the Tariff Act of 1930, as
amended (19 U.S.C. 1351), /5/ and Section 301 of title 3 of the United
States Code, /6/ and as President of the United States, it is ordered
that Executive Order No. 11075 of January 15, 1963 (28 F.R. 473), /7/
be, and it is hereby, amended as follows:
Section 1. Amend the heading of the order to read "ADMINISTRATION OF
THE TRADE AGREEMENTS PROGRAM".
Sec. 2. In Section 1, substitute "Definitions. (a)" for
"Definition", and add the following new subsection (b):
"(b) As used in this order the term 'the trade agreements program'
includes all activities consisting of, or related to, the negotiation or
administration of trade agreements (other than treaties) concluded
pursuant to the authority vested in the President by the Constitution,
Section 350 of the Tariff Act of 1930, as amended, or the Act."
Sec. 3. Amend Section 2 to read as follows:
"Sec. 2. Office of Special Representative. (a) There is hereby
established in the Executive Office of the President an agency which
shall be known as the Office of the Special Representative for Trade
Negotiations.
"(b) There shall be at the head of the said Office the Special
Representative for Trade Negotiations provided for in Section 241 of the
Act (hereinafter referred to as the Special Representative), who shall
be directly responsible to the President.
"(c) There shall be the said Office a Deputy Special Representative
for Trade Negotiations with the rank of Ambassador, whose principal
functions shall be to conduct negotiations under title II of the Act,
and who may direct."
Sec. 4. In Section 3, amend subsection (b) to read as follows:
"(b) The Special Representative shall advise and assist the President
in the administration of, and facilitate the carrying out of, the trade
agreements program. In addition, the Special Representative shall
advise the President with respect to non-tariff barriers to
international trade, international commodity agreements, and other
matters which are related to the trade agreements program."
Sec. 5. In subsection (c) of Section 3, substitute "trade agreements
program" for "Act" in each place that word appears.
Sec. 6. In Section 3, delete subsection (1), redesignate subsection
(h) as subsection (i), and insert the following new subsection (j);
"(h) After the President has entered into a trade agreement which
provides for any new tariff concession, the Special Representative shall
submit to the President, for transmission by him to each House of
Congress, copies of such trade agreement, together with a draft of the
statement relating thereto provided for in Section 226 of the Act. In
addition, the Special Representative shall transmit to each House of
Congress copies of agreements supplementary to trade agreements which do
not provide for any new tariff concession, and of such other documents
relating to the trade agreements program as he considers appropriate,
together with a brief statement describing each such supplementary
agreement or other document."
Sec. 7. In Section 3, add the following new subsection (1) at the
end of the section:
"(1) The Special Representative shall prepare or have prepared for
consideration by the President, in a form suitable for inclusion in
title 48 of the Code of Federal Regulations, any proclamation which
relates wholly or primarily to the trade agreements program. Any such
proclamation shall be subject to the provisions of Executive Order No.
11030 of June 19, 1962 (27 F.R. 5847), except that such proclamation
need not be submitted for approval to the Director of the Bureau of the
Budget as provided in Sections 2(a) and (b) of that order but may be
transmitted directly to the Attorney General for his consideration as to
both form and legality."
Sec. 8. In Section 4, redesignate subsection (f) as subsection (g),
and insert the following new subsection (f):
"(f) Before making recommendations to the President under Section
242(b)(2) of the Act, the Committee shall, through the Special
Representative, request the advice of the Adjustment Assistance Advisory
Board, created by the provisions of Section 361 of the Trade Expansion
Act of 1962, concerning the feasibility of adjustment assistance to
workers and firms."
Sec. 9. In Section 9, insert "or this order" after "the Act".
Sec. 10. Substitute "13(b)" for "12(b)" in Section 12(a), renumber
Sections 11 and 12 as Sections 12 and 13, respectively, and insert the
following new Section 11:
"Sec. 11. Redelegation. Delegations of authority made by this order
to the Special Representative, the Secretary of Commerce, and the
Secretary of Labor, and other assignments of authority made by this
order to the Special Representative, shall be deemed to include the
power of successive redelegation."
Section 2 of Executive Order No. 11075 of January 15, 1963 (28 F.R.
473), as amended by Section 3 of this order shall be deemed to have
become effective January 15, 1963; and said Executive Order No. 11075
as amended shall be codified under title 48 of the Code of Federal
Regulations.
THE WHITE HOUSE,
April 18, 1963.
JOHN F. KENNEDY
/4/ 19 U.S.C.A. 1801 et seq.
/5/ 19 U.S.C.A. 1351.
/6/ 3 U.S.C.A. 301.
/7/ 1963 U.S.Code Cong. & Adm.News, p. 1672.
Executive Order No. 11105, 28 F.R. 3909, April 20, 1963, ATOMIC
ENERGY COMMISSION
By virtue of the authority vested in me by the Atomic Energy
Community Act of 1955 (69 Stat. 471), as amended, /2/ (hereinafter
called the Act) and particularly by Section 101 thereof, and as
President of the United States, it is ordered as follows:
Section 1. The provisions of Sections 2 to 8, inclusive, of this
order shall be applicable to the community of Los Alamos, New Mexico,
but shall not be applicable to the community of Oak Ridge, Tennessee, or
to the community of Richland, Washington.
Sec. 2. There are hereby transferred to the Housing and Home Finance
Administrator (hereinafter called the Administrator) all of the
functions, duties, and responsibilities of the Atomic Energy Commission
(hereinafter called the Commission) (i) under Sections 34 to 36,
inclusive, Sections 51 to 55, inclusive, Section 57, Sections 61 to 66,
inclusive, and Section 116 of the Act, (ii) under the last sentence of
Section 56 of the Act, and (iii) with respect to sales of apartment
buildings to cooperatives under Section 58 of the Act, with the
following exceptions and qualifications:
(a) The Commission shall retain the power and duty of, and the
responsibility for, (i) determining the property to be offered for
disposal pursuant to Section 52 of the Act, including the timing
thereof, the improvements to be designated as eligible for a credit
under subsections 36a and 36b, the extent to which a lessee has been
previously compensated for improvements under subsection 36a, and the
provisions and procedures to be adopted pursuant to subsections 55b to
55e, inclusive and (ii) removing, transferring or designating property
pursuant to subsections 52a(a), 52a(2), and 52a(3).
(b) The Commission shall retain all duties, functions and
responsibilities under subsection 57b of the Act, both as to existing
lots and lots developed or to be developed under the Act or any other
Act, except as the Commission and the Administrator may mutually agree
should be transferred to the Administrator.
Sec. 3. There shall be transferred to the Administrator, who shall
thereafter exercise full jurisdiction in connection therewith, all
interests, rights, powers, duties, and responsibilities of the United
States, including any interests, rights, powers, duties, and
responsibilities of the Commission under the Act or any act (except such
interests, rights, powers, duties, and responsibilities as the
Commission and the Administrator may mutually agree shall be retained by
the Commission), with respect to the property designated by the
Commission for disposal by the Administrator, pursuant to Section 52 of
the Act.
Sec. 4. The transfers specified in Section 3 hereof shall be
effective as to each parcel of property offered for disposal pursuant to
Section 52 of the Act on the date the Administrator executes a deed as
provided in Section 55, or a contract to purchase as provided in Section
61, with respect to each such parcel of property.
Sec. 5. To the extent necessary or appropriate to enable him to
perform or exercise the functions, duties, and responsibilities
transferred to him by this order, the Administrator, and such officers
or employees to whom he may delegate authority with respect to such
functions, duties, and responsibilities, may perform or exercise any of
the functions, duties, or responsibilities conferred upon the Commission
by the Act, including, specifically, Chapter 11 thereof. Any funds
derived by the Commission from the disposal of property under the Act,
including funds derived from the disposal of property under subsection
57b of the Act, shall be transferred to the Administrator, but shall
otherwise remain subject to the provisions of Section 117 of the Act.
Sec. 6. The Commission and the Administrator shall keep each other
currently advised as to action taken pursuant to the Act, shall consult
with each other on all matters arising under the Act or this order which
either agency deems to be of mutual concern, and may jointly agree upon
such further measures, not inconsistent with the Act or this order, as
will promote the expeditious and effective accomplishment of the policy
and purposes of the Act.
Sec. 7. Executive Order No. 9816 of December 31, 1946, is hereby
amended to the extent that it may be inconsistent with this order.
Sec. 8. Nothing in this order shall invalidate any action taken by
the Commission prior to the effective date of this order, or impair or
affect any outstanding obligations or contracts of the Commission, or
impair any power or authority of the Commission with respect to
functions not transferred by or pursuant to this order. No person
affected by any action taken by either the Commission or the
Administrator, or by any person acting under authority delegated to him
consonant with law shall be entitled to challenge the validity thereof
or otherwise excuse his action or failure to act on the grounds that
pursuant to the provisions of this order such action was within the
jurisdiction of the Commission rather than the Administrator, or vice
versa.
Sec. 9. Executive Order No. 10657 of February 14, 1956, as amended
/3/ is hereby further amended by adding at the end thereof a new Section
8, reading as follows:
"Sec. 8. Nothing in this order shall be applicable to the community
of Los Alamos, New Mexico."
THE WHITE HOUSE,
April 18, 1963.
JOHN F. KENNEDY
/2/ 43 U.S.C.A. 2301.
/3/ 1956 U.S.Code Cong. & Adm.News, p. 4916.
Executive Order No. 11104, 28 F.R. 3689, April 16, 1963
As a mark of respect to the memory of those who gave their lives when
the U.S.S. THRESHER was lost off the Atlantic coast on Wednesday, April
10, 1963 it is hereby ordered pursuant to the provisions of Section 4 of
Proclamation 3044 of March 1, 1954 /1/ that until sunset on Monday,
April 15, 1963 the flag of the United States shall be flown at
half-staff on all buildings, grounds and naval vessels of the Federal
Government in the District of Columbia and throughout the United States
and its Territories and possessions. I also direct that the flag shall
be flown at half-staff for the same length of time at all United States
embassies, legations, consular offices and other facilities abroad
including all military facilities and naval vessels and stations.
THE WHITE HOUSE,
April 12, 1963.
JOHN F. KENNEDY
/1/ 1954 U.S.Code Cong. & Adm.News, p. 1767.
Executive Order No. 11103, 28 F.R. 3571, April 12, 1963
By virtue of the authority vested in me by the Civil Service Act (22
Stat. 403), and section 1753 of the Revised Statutes, and as President
of the United States, it is hereby ordered as follows:
Section 1. Under such regulations as the Civil Service Commission
may prescribe, the head of any agency in the Executive Branch may
appoint in the competitive service any person who is certified by the
Director of the Peace Corps as having served satisfactorily as a
Volunteer or Volunteer Leader under the Peace Corps Act and who passes
such examination as the Civil Service Commission may prescribe. Any
person so appointed shall, upon completion of the prescribed
probationary period, acquire a competitive status.
Sec. 2. The head of any agency in the Executive Branch having an
established merit system in the excepted service may appoint in such
service any person who is certified by the Director of the Peace Corps
as having served satisfactorily as a Volunteer or Volunteer Leader under
the Peace Corps Act and who passes such examination as such agency head
may prescribe.
Sec. 3. Certificates of satisfactory service for the purposes of
this Order shall be issued only to persons who have completed a full
term of service (approximately two years) under the Peace Corps Act:
Provided, That such certificates may be issued to persons who have
completed a lesser period of satisfactory service if, in the judgment of
the Director of the Peace Corps, (1) their service was of sufficient
duration to demonstrate their capability to complete satisfactorily a
full term, and (2) their failure to complete a full term was due to
circumstances beyond their control.
Sec. 4. Any appointment under this Order shall be effected within a
period of one year after completion of the appointee's service under the
Peace Corps Act: Provided, That such period may be extended to not more
than three years in the case of persons who, following such service, are
engaged in military service, in the pursuit of studies at a recognized
institution of higher learning, or in other activities which, in the
view of the appointing authority, warrant an extension of such period.
Sec. 5. Any law, Executive Order, or regulation which would
disqualify an applicant for appointment in the competitive service or in
the excepted service concerned shall also disqualify an applicant for
appointment under this Order.
THE WHITE HOUSE,
April 10, 1963.
JOHN F. KENNEDY
Executive Order No. 11102, 28 F.R. 3373, April 6, 1963, POSSESSIONS
OF THE UNITED STATES
By virtue of the authority vested in me by sections 6103(a) and 6106
of the Internal Revenue Code of 1954 (68A Stat. 753, 756; 26 U.S.C.
6103(a), 6106) /2/ it is hereby ordered that returns made in respect of
the taxes imposed by chapters 1, 2, 3, 5, 6, 11, 12, 23, and 32,
subchapters B, C, and D of chapter 33, and subchapter B of chapter 37 of
such Code shall be open to inspection by any properly authorized
official, body, or commission, lawfully charged with the administration
of any tax law of any possession of the United States. Such inspection
shall be in accordance and upon compliance with the rules and
regulations prescribed for such inspection by the Secretary of the
Treasury in the Treasury decision approved by me this date.
This Executive order shall be effective upon its filing for
publication in the FEDERAL REGISTER.
THE WHITE HOUSE,
April 4, 1963.
JOHN F. KENNEDY
/2/ 26 U.S.C.A. 6103(a), 6106.
Executive Order No. 11101, 28 F.R. 3305, April 5, 1963, DISPUTES
BETWEEN THE CARRIER
WHEREAS disputes exist between the carriers represented by the
Eastern, Western, and Southeastern Carriers' Conference Committees,
designated in List A attached hereto and made a part hereof and certain
of their employees represented by the Brotherhood of Locomotive
Engineers, Brotherhood of Locomotive Firemen and Enginemen. Order of
Railway Conductors and Brakemen, Brotherhood of Railroad Trainmen, and
the Switchmen's Union of North America, labor organizations; and
WHEREAS these disputes have not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS these disputes, in the judgment of the National Mediation
Board threaten substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service;
NOW, THEREFORE, by virtue of the authority vested in me by section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /1/ I hereby
create a board of three members, to be appointed by me, to investigate
disputes. No member of the board shall be pecuniary or otherwise
interested in any organization of railroad employees or any carrier.
The board shall report its findings to the President with respect to
the disputes within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the carriers
represented by the Eastern, Western, and Southeastern Carriers'
Conference Committees, or by their employees, in the conditions out of
which the disputes arose.
THE WHITE HOUSE,
April 3, 1963.
Akron & Barberton Belt Railroad
Akron, Canton & Youngstown Railroad
Ann Arbor Railroad
Baltimore and Ohio Railroad Company
Baltimore and Ohio-Chicago Terminal
Staten Island Rapid Transit
Strouds Creek & Muddlety Railroad
Curtis Bay Railroad
Bangor & Aroostook Railroad
Bessemer & Lake Erie Railroad Company
Boston & Maine Railroad Company
Brooklyn Eastern District Terminal
Buffalo Creek Railroad
Bush Terminal Company
Canadian National Railways
Canadian National Railway-Lines in New England
United States & Canada Railroad Company
Champlain & St. Lawrence Railway
St. Clair Tunnel Company
Central Railroad of New Jersey
New York & Long Branch Railroad
Central Vermont Railway
Chicago Union Station Company
Cincinnati Union Terminal Company
Delaware & Hudson Railroad
Delaware, Lackawanna & Western Railroad
Detroit & Toledo Shore Line Railroad
Detroit and Mackinac Railway Company
Detroit Terminal Railroad Co.
Detroit, Toledo & Ironton Railroad
Erie Railroad Company
Grand Trunk Western Railroad Company
Greenwich & Johnsonville Railway Company
Hoboken Shore Railroad Company
Indianapolis Union Railway Company
Lake Terminal Railroad Company
Lehigh & Hudson River Railway Company
Lehigh & New England Railroad Company
Lehigh Valley Railroad Company
Long Island Railroad Company
Maine Central Railroad Company
Marine Central Railroad Company
Portland Terminal Company
McKeesport Connecting Railroad
Monon Railroad
Monongahela Railway Company
Montour Railroad
Youngstown & Southern Railroad
Newburgh & South Shore Railway Company
New York Central System
New York Central Railroad
Eastern & New York Districts
B&A Div. of Eastern District
Western District
Northern District
Southern District
Pittsburgh & Lake Erie Railroad
Lake Erie & Eastern Railroad
Indiana Harbor Belt Railroad Company
Cleveland Union Terminals
New York, Chicago & St. Louis Railroad Company
New York Dock Railway
New York, New Haven & Hartford Railroad
Union Freight (Boston)
New York, Susquehanna & Western Railroad Company
Pennsylvania Railroad Company
Baltimore & Eastern
Pennsylvania-Reading Seashore Lines
Pittsburgh & West Virginia Railway Company
Pittsburgh, Chartiers & Youghiogheny Railway Company
Reading Company
Rutland Railway Corporation
Toledo Terminal Railroad
Upper Merion & Plymouth Railroad Company
Washington Terminal Company
Western Maryland Railway
Youngstown & Northern Railroad Company
Alton and Southern Railroad
Atchison, Topeka & Santa Fe Railway
Gulf, Colorado & Santa Fe Railway
Panhandle & Santa Fe Railway
Bauxite & Northern Railway
Belt Railway Company of Chicago, The
Butte, Anaconda & Pacific Railway
Camas Prairie Railroad
Chicago & Eastern Illinois Railroad
Chicago & Illinois Midland Railway
Chicago and North Western Railway including former C.St.P.M. & O. and
L&M Railroads
Chicago & Western Indiana Railroad
Chicago, Burlington & Quincy Railroad
Chicago, Great Western Railway
Chicago, Great Western Railway including South St. Paul Terminal
Chicago, Milwaukee, St. Paul & Pacific Railroad-- Lines East
Chicago, Milwaukee, St. Paul & Pacific Railroad-- Lines West
Chicago, Rock Island & Pacific Railroad
Chicago Short Line Railway
Chicago, West Pullman & Southern Railroad
Colorado and Southern Railway
Davenport, Rock Island and North Western Railway
Denver & Rio Grande Western Railroad
Des Moines Union Railway
Duluth, Missabe & Iron Range Railway
Duluth, South Shore & Atlantic Railroad
Duluth Union Depot & Transfer Company
Duluth, Winnipeg & Pacific Railway
East St. Louis Junction Railroad
Elgin, Joliet and Eastern Railway
Ft. Worth and Denver Railway
Joint Texas Division of NRI&P Railroad and Ft. W&D Railway
Galveston, Houston & Henderson Railroad
Great Northern Railway
Green Bay & Western Railroad
Kewaunee, Green Bay & Western Railroad
Houston Belt & Terminal Railway
Illinois Central Railroad
Illinois Northern Railway
Illinois Terminal Railroad
Kansas City Southern Railway, The
Arkansas Western Railway, The
Kansas City Terminal Railway
Kansas, Oklahoma & Gulf Railway
Midland Valley Railroad
Oklahoma City-Ada-Atoka Railway
King Street Passenger Station (Seattle)
Lake Superior & Ishpeming Railroad
Lake Superior Terminal & Transfer Railway
Longview, Portland & Northern Railway
Los Angeles Junction Railway
Louisiana & Arkansas Railway
Manufacturers Railway
Minneapolis & St. Louis Railway, The
Minneapolis Ind. Railway
Railroad Transfer Company of the City of Minneapolis
Minneapolis, Northfield & Southern Railway
Minneapolis, St. Paul and Sault Ste. Marie Railroad
Minnesota, Dakota & Western Railroad
Minnesota Transfer Railway, The
Missouri-Kansas-Texas Railroad
Missouri Pacific Railroad
Missouri-Illinois Railroad
New Orleans & Lower Coast Railroad
New Orleans Union Passenger Terminal
Northern Pacific Railway
Northern Pacific Terminal Company of Oregon
Northwestern Pacific Railroad
Ogden Union Railway and Depot Company, The
Oregon, California & Western Railway
Pacific Coast Railroad
Peoria and Pekin Union Railway
Fort Terminal Railroad Association
St. Joseph Terminal Railroad
St. Louis-San Francisco Railway
St. Louis, San Francisco and Texas Railway
St. Louis Southwestern Railway
St. Paul Union Depot Company, The
San Diego & Arizona Eastern Railway
Sioux City Terminal Railway
Southern Pacific Company (Pacific Lines) excluding former El Paso &
Southwestern System and Nogales, Arizona, yard.
Southern Pacific Company (Pacific Lines)
former El Paso & Southwestern System
Southern Pacific Company (Pacific Lines)
Nogales, Arizona, yard
Spokane International Railroad
Spokane, Portland & Seattle Railway
Oregon Trunk Railway
Oregon Electric Railway
Terminal Railroad Association of St. Louis
Texas and New Orleans Railroad
Texas and Pacific Railway, The
Abilene & Southern Railway
Ft. Worth Belt Railway
Texas-New Mexico Railway
Texas Short Line Railway
Weatherford, Mineral Wells & Northwestern Railway, The
Texas Mexican Railway, The
Texas-Pacific-Missouri Pacific
Terminal Railroad of New Orleans
Toledo Peoria & Western Railroad
Union Pacific Railroad
Union Railway Company (Memphis)
Union Terminal Company, The (Dallas)
Wabash Railroad (Lines West)
Wabash Railroad (Lines East)
Western Pacific Railroad, The
Wichita Terminal Association, The
Atlantic Coast Line Railroad
Atlanta & West Point Railroad
Western Railway of Alabama
Atlanta Joint Terminals
Birmingham Southern Railroad Company
Central of Georgia Railway Company
Chesapeake & Ohio Railway
Clinchfield Railroad
Florida East Coast Railway
Fort Street Union Depot
Georgia Railroad Company
Gulf, Mobile & Ohio Railroad
Jacksonville Terminal Company
Kentucky & Indiana Terminal Railroad
Louisville & Nashville Railroad
Memphis Union Station Company
Norfolk & Portsmouth Belt Line
Norfolk Southern Railway Company
Norfolk & Western Railway
Richmond, Fredericksburg & Potomac Railroad Company
Savannah Union Station Company
Seaboard Air Line Railway Company
Tennessee Central Railway
JOHN F. KENNEDY
/1/ 45 U.S.C.A. 160.
Executive Order No. 11100, 28 F.R. 3149, April 2, 1963
WHEREAS less than sixty-five percent of the United States population
of voting age cast ballots for Presidential electors in 1960; and
WHEREAS popular participation in Government through elections is
essential to a democratic form of Government; and
WHEREAS the causes of nonvoting are not fully understood and more
effective corrective action will be possible on the basis of a better
understanding of the causes of the failure of many citizens to register
and vote:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is ordered as follows:
Section 1.(a) There is hereby established the President's Commission
on Registration and Voting Participation (hereinafter referred to as the
Commission).
(b) The Commission shall be composed of not more than eleven members,
each of whom shall be appointed by the President. One of the members of
the Commission shall be designated by the President as the Chairman
thereof.
Sec. 2. The Commission shall:
(a) Study the reasons for the failure of many citizens to register
and vote in elections for selection of Members of Congress, the
President, and Vice President including:
(1) Laws which restrict registration and voting on the basis of
residence; economic status, or other reasons.
(2) Procedures for registration of voters.
(3) Absentee voting provisions, and
(4) Causes of nonvoting by persons who are otherwise qualified to
vote.
(b) Prepare and present to the President recommendations for
increasing citizen participation in Government through the exercise of
the right to vote.
Sec. 3. The Commission shall not consider matters placed under the
jurisdiction of the Commission on Civil Rights by the Civil Rights Act
of 1957 (71 Stat. 634), as amended.
Sec. 4. All who may be in a position to do so are requested to
furnish the Commission information pertinent to its work and otherwise
to facilitate the Commission's work.
Sec. 5. Each member of the Commission shall receive compensation of
$75 for each day such member is engaged upon the work of the Commission,
except that any member who then receives other compensation from the
United States shall serve as such member without compensation under this
order. The Commission is authorized to appoint such personnel as may be
necessary to assist the Commission in connection with the performance of
its functions without regard to the civil service and classification
laws, but no such personnel shall receive compensation at a rate in
excess of $17,500 per annum. The Commission is authorized to obtain
services in accordance with the provisions of Section 15 of the Act of
August 2, 1946 (5 U.S.C. 55a), at rates not in excess of $75 per diem
for individuals.
Sec. 6. The compensation of the members and personnel of the
Commission, lawful allowances therefor, and any other necessary expenses
arising in connection with the work of the Commission shall be paid from
the appropriation appearing under the heading "Special Projects" in
title III of the Treasury Post Office Departments and Executive Office
Appropriation Act, 1963, 76 Stat. 310, and such appropriation as may be
provided for the same purposes for the fiscal year 1964. Such payments
shall be made without regard to the provisions of Section 3681 of the
Revised Statutes and Section 9 of the Act of March 4, 1909, 35 Stat.
1027 (31 U.S.C. 672 and 673).
Sec. 7. The General Services Administration is hereby designated as
the agency which shall provide administrative services for the
Commission on a reimbursable basis.
Sec. 8. The Commission in its discretion may transmit to the
President such preliminary or interim report or reports as it may deem
appropriate. It shall transmit its principal study and recommendations
to the President not later than November 30, 1963, together with such
supporting materials as it deems appropriate. The Commission shall
terminate not later than sixty days after the submission of its
principal report to the President.
THE WHITE HOUSE,
March 30, 1963.
JOHN F. KENNEDY
Executive Order No. 11099, 28 F.R. 2619, March 19, 1963, INCOME,
ESTATE, AND GIFT TAX RETURNS
By virtue of the authority vested in me by section 6130(a) of the
Internal Revenue Code of 1954 (68A Stat. 753; 26 U.S.C. 6103(a)), /29/
it is hereby ordered that any income, estate, or gift tax return for the
years 1956 to 1963, inclusive, shall, during the Eighty-eighth Congress,
be open to inspection by the Committee on Public Works, House of
Representatives, or any duly authorized subcommittee thereof, in
connection with its investigation of the policies, procedures and
practices involved in the administration of the Federal-Aid Highway
Program, pursuant to House Resolution 56, 88th Congress, agreed to
January 31, 1963. Such inspection shall be in accordance and upon
compliance with the rules and regulations prescribed by the Secretary of
the Treasury in Treasury Decision 6132, relating to the inspection of
returns by committees of the Congress, approved by the President on May
3, 1955.
This order shall be effective upon its filing for publication in the
FEDERAL REGISTER.
THE WHITE HOUSE,
March 14, 1963.
JOHN F. KENNEDY
/29/ 26 U.S.C.A. (I.R.C. 1954) 6103(a).
Executive Order No. 11098, 28 F.R. 2615, March 19, 1963, SELECTIVE
SERVICES REGULATIONS
By virtue of the authority vested in me by the Universal Military
Training Service Act (62 Stat. 604), as amended, I hereby prescribe the
following amendments of the Selective Service Regulations prescribed by
Executive Orders No. 10001 of September 17, 1948, /17/ No. 10008 of
October 18, 1948, /18/ No. 10202 of January 12, 1951, /19/ No. 10292 of
September 25, 1951, /20/ No. 10420 of December 17, 1962, /21/ No. 10469
of July 11, 1963, /22/ No. 10594 of January 31, 1955, /23/ No. 10659 of
February 15, 1956, /24/ No. 10714 of June 13, 1957, /25/ No. 10735 of
October 17, 1957, /26/ No. 10809 of March 19, 1959, /27/ and No. 10984
of January 5, 1962, /28/ and constituting portions of Chapter XVI of
Title 32 of the Code of Federal Regulations.
1. Section 1621.9 of Part 1621, Preparation for Classification, is
amended to read as follows:
"Sec. 1621.9. Mailing Classification Questionnaire (SSS Form No.
100).
"(a) Except as provided in paragraph (c) of this section, the local
board shall mail a Classification Questionnaire (SSS Form No. 100) to
each registrant to whom it has not previously mailed such questionnaire
in strict accordance with the dates of birth of the registrants of the
local board, in chronological order, commencing with the registrant
having the earliest date of birth. Whenever a registrant registers
after his date of birth has been reached in the mailing of
Classification Questionnaires (SSS Form No. 100), his questionnaire
shall be mailed immediately.
"(b) The date upon which the Classification Questionnaire (SSS Form
No. 100) is mailed shall be entered on the Classification Record (SSS
Form No. 102).
"(c) Whenever the local board determines that a registrant who is on
active duty in the Armed Forces of the United States may be classified
properly from information available to it, the Classification
Questionnaire (SSS Form No. 100) need not be mailed to the registrant
until he is separated from active duty."
2. (a) Paragraph (a) of section 1622.13 of Part 1622, Classification
Rules and Principles, is amended by striking out "persons referred to in
paragraph (a) of this section, or",
(b)(1) Paragraph (a) of section 1622.30 of Part 1622, is amended to
read as follows:
"(a) In class III-A shall be placed any registrant who his a child or
children with whom he maintains a bona fide family relationship in their
home and who is not a physician, dentist, or veterinarian.
(2) Paragraph (c) of section 1622.30 is amended to read as follows:
"(c)(1) The term 'child' as used in this section shall include a
legitimate or an illegitimate child from the date of its conception, a
child legally adopted, a step child, a foster child, and a person who is
supported in good faith by the registrant in a relationship similar to
that of parent and child but shall not include any person 18 years of
age or over unless he is physically or mentally handicapped.
"(2) As used in this section, the term 'physician' means a registrant
who has received from a school, college, university, or similar
institution of learning the degree of doctor of medicine or the degree
of bachelor of medicine, the term 'dentist' means a registrant who has
likewise received the degree of doctor of dental surgery or the degree
of doctor of dental medicine, and the term 'veterinarian' means a
registrant who has likewise received the degree of doctor of veterinary
surgery or the degree of doctor of veterinary medicine.
"(3) No registrant shall be placed in Class III-A under paragraph (a)
of this section because he has a child which is not yet born unless
prior to the time the local board mails him an order to report for
induction which is not subsequently cancelled there is filed with the
local board the certificate of a licensed physician stating that the
child has been conceived, the probable date of its delivery, and the
evidence upon which his positive diagnosis of pregnancy is based."
3. Paragraph (a) of section 1625.3 of Part 1625, Reopening and
Considering Anew Registrant's Classification, is amended to read as
follows:
"(a) The local board shall reopen and consider anew the
classification of a registrant upon the written request of the State
Director of Selective Service or the Director of Selective Service and
upon receipt of such request shall immediately cancel any Order to
Report for Induction (SSS Form No. 2-2) or Order to Report for Civilian
Work and Statement of Employer (SSS Form No. 153) which may have been
issued to the registrant."
4. (a) Paragraph (a) of section 1626.2 of Part 1626, Appeal to
Appeal Board, is amended to read as follows:
"(a) The registrant, any person who claims to be a dependent of the
registrant any person who prior to the classification appealed from
filed a written request for the current occupational deferment of the
registrant, or the government appeal agent may appeal to an appeal board
from the classification of a registrant by the local board."
(b) Paragraph (a) of section 1626.26 of Part 1626 is amended to read
as follows:
"(a) The appeal board shall classify the registrant, giving
consideration to the various classes in the same manner in which the
local board gives consideration thereto when it classifies a
registrant."
5.(a) Sections 1628.1, 1628.2, and 1628.3 of Part 1628, Physical
Examination, are amended to read as follows:
"Sec. 1628.1 Purpose of medical interview.
"The Surgeon General of the Department of the Army shall, from time
to time, prescribe or approve a list enumerating various medical
conditions or physical defects that disqualify registrants for service
in the Armed Forces. A medical interview of certain registrants by the
medical advisor to the local board shall be accomplished for the purpose
of screening and disqualifying at the local board those registrants who
have conditions or defects enumerated in the list."
"Sec. 1628.2 Registrants to be given medical interview.
"(a) Whenever the local board is of the opinion that a registrant in
Class I-A, Class I-A-O has one or more of the disqualifying medical
conditions or physical defects which appear in the list described in
section 1628.1, it shall order the registrant to present himself for
medical interview at a specified time and place by mailing to such
registrant a Notice to Registrant to Appeal for Medical Interview (SSS
Form No. 219).
"(b) Whenever a registrant who is in Class I-A, Class I-A-O, or Class
I-O claims that he has one or more of the disqualifying medical
conditions or physical defects which appear in the list described in
section 1628.1, the local board shall order him to present himself for
interview with the medical advisor to the local board at the time and
place specified by the local board by mailing to such registrant a
Notice to Registrant to Appear for Medical Interview (SSS Form No. 219).
"(c) Whenever, because of a medical condition or physical defect, a
registrant is unable personally to present himself for medical
interview, a reputable physician may file an affidavit, or an authorized
representative of a Federal or State agency may file an official
statment with the local board, stating (1) the character of the
condition or defect, (2) that the physician has personal professional
knowledge thereof, or that the representative has official knowledge
thereof, and (3) that the registrant is unable personally to present
himself for medical interview due to the character of the condition or
defect. The local board shall refer such affidavit or official
statement which it receives to the medical advisor to the local board
for review."
"Sec. 1628.3. Duties of medical advisor to local board.
"(a) When the registrant is referred to the medical advisor to the
local board for medical interview, the medical advisor shall make only
such examination as he deems is necessary to determine whether the
registrant has one or more of the disqualified medical conditions or
physical defects which appear in the list described in section 1628.1.
No laboratory or X-ray work shall be authorized but reports of
laboratory or X-ray work performed previously and presented by the
registrant may be given consideration by the medical advisor. It shall
be the duty of the registrant to present himself to the medical advisor
to the local board at the time and place designated and to submit to
examination.
"(b) The medical advisor to the local board shall (1) give each
registrant who presents himself for medical interview such examination
as he deems necessary or (2) review each affidavit of a reputable
physician or official statement of a representative of a Federal or
State agency referred to him by the local board. From such examination
or review, the medical advisor to the local board shall determine
whether the registrant has one or more of the disqualifying medical
conditions or physical defects which appear in the list described in
section 1628.1 and shall record his findings in Section II of the Record
of Introduction (DD Form No. 47)."
(b) Paragraphs (d) and (e) of section 1628.4 of Part 1628 are amended
to read as follows:
"(d) If the local board determines that the registrant has a
disqualifying medical condition or physical defect which appears in the
list described in section 1628.1, the following action shall be taken:
(1) The local board shall file the original and one copy of the
Record of Induction (DD Form No. 47) in the registrant's Cover Sheet
(SSS Form No. 101) and forward two copies of the Record of Induction (DD
Form No. 47) to the State Director of Selective Service who shall
forward one copy to the Surgeon General, Department of the Army,
Washington, D.C., and retain one copy.
(2) The local board shall review the classification of the registrant
and if it finds under the provisions of Part 1622 of this chapter that
he should be placed in some other class, reopen his classification and
classify him anew and mail him a Notice of Classification (SSS Form No.
110).
(3) The local board shall cancel any Order to Report for Armed Forces
Physical Examination (SSS Form No. 223) which it has mailed to the
registrant and advise him in writing of such cancellation.
(4) The local board shall note in the 'Disposition' column of the
Physical Examination List (SSS Form No. 225), if the registrant's name
appears thereon, that he has been found not qualified for service in the
Armed Forces.
"(e) If the local board determines that the registrant does not have
a disqualifying medical condition or physical defect which appears in
the list described in section 1628.1, or if the local board has any
doubt concerning the existence of any such condition or defect, the
local board shall order the registrant to report for armed forces
physical examination as provided in section 1628.11."
(c) Paragraph (b) of section 1628.17 of Part 1628 is amended to read
as follows:
"(b) As each registrant's name is called he shall be observed by a
member or clerk of the local board. If the member or clerk of the local
board knows or sees a registrant who he believes may be disqualified for
service in the Armed Forces because of a medical condition or physical
defect which appears in the list described in section 1628.1, the
registrant shall not be forwarded for armed forces physical examination
on that day but shall be given a local board, medical interview as
provided in section 1628.2 and if after such medical interview it is
determined that the registrant is not disqualified he shall then be
forwarded for an armed forces physical examination."
6. Part 1629, Disqualifying Obvious Defects and Manifest Conditions,
is revoked.
7(a). Subparagraph (3) of paragraph (a) of section 1631.7 of Part
1631, Quotas and Calls, is amended to read as follows:
"(3) Nonvolunteers who have attained the age of 19 years and have not
attained the age of 26 years in the order of their dates of birth with
the oldest being selected first."
(b) Subparagraph (4) of paragraph (a) of section 1631.7 is revoked
and subparagraphs (5) and (6) of paragraph (a) are redesignated as
subparagraphs (4) and (5), respectively.
(c) Paragraph (b) of section 1631.7 is revoked and paragraph (c) of
section 1631.7 is redesignated as paragraph (b).
THE WHITE HOUSE,
March 14, 1963.
JOHN F. KENNEDY
/17/ 1948 U.S.Code Cong. Serv., p. 2773.
/18/ 1949 U.S.Code Cong. Serv., p. 2645.
/19/ 1951 U.S.Code Cong. & Adm.Serv., p. 962.
/20/ 1951 U.S.Code Cong. & Adm.Serv., p. 1098.
/21/ 1953 U.S.Code Cong. & Adm.News, p. 976.
/22/ 1953 U.S.Code Cong. & Adm.News, p. 1029.
/23/ 1955 U.S.Code Cong. & Adm.News, p. 1055.
/24/ 1956 U.S.Code Cong. & Adm.News, p. 4918.
/25/ 1957 U.S.Code Cong. & Adm.News, p. 908.
/26/ 1957 U.S.Code Cong. & Adm.News, p. 936.
/27/ 1959 U.S.Code Cong. & Adm.News, p. 1044.
/28/ 1962 U.S.Code Cong. & Adm.News, p. 4256.
Executive Order No. 11097, 28 F.R. 2225, March 7, 1963, DEFENSE
INFORMATION AND MATERIAL
By virtue of the authority vested in me by the Constitution and
statutes of the United States, and as President of the United States,
and deeming such action necessary in the best interest of the national
security, it is hereby ordered as follows:
Section 1. Section 2 of Executive Order No. 10501 of November 5,
1953, as amended by Executive Order No. 10901 of January 9, 1961, and by
Executive Order No. 10985 of January 12, 1962, /16/ is hereby further
amended (A) by adding at the end of Subsection (a) thereof
"Export-Import Bank of Washington", "Office of Science and Technology",
and "The Special Representative for Trade Negotiations"; and (B) by
deleting from Subsection (b) thereof "Subversive Activities Control
Board."
Sec. 2. The Export-Import Bank of Washington, the Office of Science
and Technology, and The Special Representative for Trade Negotiations
shall be deemed to have had authority for the original classification of
information and m material from the respective dates on which such
agencies were established.
THE WHITE HOUSE,
February 28, 1963.
JOHN F. KENNEDY
/16/ 50 U.S.C.A. 401 note.
Executive Order No. 11096, 28 F.R. 2021, March 2, 1963
WHEREAS the United States Civil Service Commission has caused to be
made, and has recommended that I approve, a seal of office for the
United States Civil Service Commission, the design of which accompanies
and is hereby made a part of this order, and which is of the following
description:
On a white background a four-pointed ridged gold star over a palm
wreath in green with a gold tie, around which are the words at top
"UNITED STATES" and below "CIVIL SERVICE COMMISSION", all within a
narrow gold border;
AND WHEREAS it appears that such seal is of suitable design and
appropriate for establishment as the official seal of the United States
Civil Service Commission:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, I hereby approve such seal as the official seal of
the United States Civil Service Commission.
THE WHITE HOUSE,
February 28, 1963.
JOHN F. KENNEDY
Executive Order No. 11095, 28 F.R. 1859, February 28, 1963, TENNESSEE
VALLEY AUTHORITY, ETC.
By virtue of the authority vested in me as President of the United
States, including authority vested in me by Reorganization Plan No. 1 of
1958 (72 Stat. 1799), /15/ it is hereby ordered as follows:
Section 1. Scope. The Board of Directors of the Tennessee Valley
Authority, the Railroad Retirement Board, the Administrator of the
National Aeronautics and Space Administration, the Federal Power
Commission, and the Director of the National Science Foundation
(hereinafter referred to collectively as Heads of agencies) shall
prepare national emergency plans and develop preparedness programs
covering functions assigned to them in this order. These plans and
programs shall be designed to develop a state of readiness with respect
to all conditions of national emergency, including attack upon the
United States.
Sec. 2. Tennessee Valley Authority. The Board of Directors of the
Tennessee Valley Authority (hereinafter referred to as TVA) shall:
(a) Electric power. Assist the Department of the Interior in the
development of plans for the integration of the TVA power system into
national emergency programs and prepare plans for the emergency
management, operation, and maintenance of the system and for its
essential expansion.
(b) Waterways. Assist the Interstate Commerce Commission in the
development of plans for integration and control of inland waterway
transportation systems and, in cooperation with the Department of
Defense, prepare plans for the management, operation, and maintenance of
the river control system in the Tennessee River and certain of its
tributaries for navigation during an emergency.
(c) Flood control. Develop plans and maintain its river control
operations for the prevention or control of floods caused by natural
phenomena or overt, and covert attack affecting the Tennessee River
System and, in so doing, collaborate with the Department of Defense with
respect to the control of water in the lower Ohio and Mississippi
Rivers.
(d) Health and sanitary water supplies. Assist the Department of
Health, Education, and Welfare in the development of plans and programs
covering health service, civilian health manpower, and health resources
in the TVA area and prepare plans for the management, operations, and
maintenance of the Tennessee River system consistent with the needs for
sanitary public water supplies, waste disposal, and vector control.
(e) Coordination of water use. Develop plans for determining or
proposing priorities for the use of water by TVA in the event of
conflicting claims arising from the functions listed above.
(f) Fertilizer. Assist the Department of Agriculture, in the
development of plans for the distribution and claimancy of fertilizer;
work with the Departments of Commerce and Defense in the development of
TVA production quotas and any essential expansion of production
facilities, and prepare plans for the management, operation, and
maintenance of its facilities for the manufacture of nitrogen and
phosphorous fertilizers.
(g) Munitions production. Perform chemical research in munitions as
requested by the Department of Defense, maintain standby munitions
production facilities, and develop plans for converting and utilizing
fertilizer facilities as required in support of the Department of
Defense's munitions program.
(h) Land management. Develop plans for the maintenance, management,
and utilization of TVA-CONTROLLED lands in the interests of an emergency
economy.
(i) Radiological monitoring. Develop and maintain a capability to
perform radiological fallout monitoring for the purpose of protecting
TVA personnel and exchanging such information with appropriate national,
regional, state, and local civil defense organizations.
(j) Food and forestry. Assist the Department of Agriculture in the
development of plans for the harvesting and processing of fish and game
and the Department of Commerce in the development of plans for the
production and processing of forest products.
(k) Coordination with Valley States. Prepare plans and agreements
with Tennessee Valley States, consistent with Federal programs, for
appropriate integration of TVA and State plans for the use of available
TVA resources.
Sec. 3. Railroad Retirement Board. The Railroad Retirement Board
shall:
(a) Manpower functions. Within the framework of the overall manpower
plans and programs of the Department of Labor, assist the mobilization
of civilian manpower in an emergency by developing plans for the
recruitment and referral of that segment of the Nation's manpower
resources subject to the Railroad Retirement and Railroad Unemployment
Insurance Acts.
(b) Benefit payments. Assist the Department of Health, Education,
and Welfare and the Department of Labor, as appropriate, by developing
plans for administering, under emergency conditions, the essential
aspects of the provision of benefits under the Railroad Retirement Act
and the Railroad Unemployment Insurance Act.
Sec. 4. National Aeronautics and Space Administration. The
Administrator of the National Aeronautics and Space Administration
shall:
(a) Research and development. Adapt and utilize the scientific and
technological capability of the National Aeronautics and Space
Administration, consistent with over-all requirements, to meet priority
needs of the programs of the Federal Government in an emergency. This
will include the direction and conduct of essential research and
development activities relating to (1) aircraft, spacecraft, and launch
vehicles, (2) associated instrumentation, guidance, control and
pay-load, propulsion and communications systems, (3) scientific
phenomena affecting both manned and unmanned space flights, (4) the life
sciences (biology, medicine, and psychology) as they apply to
aeronautics and space, and (5) atmospheric and geophysical sciences.
(b) Military support. Provide direct assistance as requested by the
Department of Defense and other agencies in support of the military
effort. This may include (1) undertaking urgent projects to develop
superior aircraft, spacecraft, launch vehicles, and weapons systems, (2)
developing methods to counter novel or revolutionary enemy weapons
systems, (3) providing technical advice and assistance on matters
involving air and space activities, and (4) furnishing personnel and
facilities to assist in emergency repairs of equipment deficiencies and
for other essential purposes.
Sec. 5. Federal Power Commission. The Federal Power Commission
shall assist the Department of the Interior in connection with emergency
preparedness functions with respect to electric power and natural gas as
specified in an agreement between the Secretary of the Interior and the
Chairman of the Federal Power Commission.
Sec. 6. National Science Foundation. The Director of the National
Science Foundation shall:
(a) Manpower functions. Assist the Department of Labor in sustaining
readiness for the mobilization of civilian manpower by: (1) maintaining
the Foundation's register of scientific and technical personnel in such
form and at such locations as will assure maximum usefulness in an
emergency; (2) being prepared for rapid expansion of the Foundation's
current operation as a central clearing house for information covering
all scientific and technical personnel in the United States and its
possessions; and (3) developing, in consultation with the Department of
Labor, the Selective Service System, the Department of Defense, and the
Office of Science and Technology plans and procedures to assure the most
effective distribution and utilization of the Nation's scientific and
engineering manpower in an emergency.
(b) Special functions. (1) Provide leadership in developing, with
the assistance of Federal and State agencies and appropriate
non-governmental organizations, the ability to mobilize scientists, in
consonance with over-all civilian manpower mobilization programs, to
perform or assist in performance of special tasks, including the
identification of and defense against unconventional warfare; (2)
advance the national radiological defense capability by including, in
consultation with appropriate agencies, pertinent scientific information
and radiological defense techniques in the Foundation's scientific
institute program for science, mathematics, and engineering teachers;
(3) assemble data; on the location and character of facilities,
including non-governmental as well as government facilities, and their
normal inventories of types of equipment and instruments which would be
useful in identification and analysis of hazards to human life in the
aftermath of enemy attack; and (4) prepare to carry on necessary
programs for basic research and for training of scientific manpower.
Sec. 7. Cooperation with Department of Defense. In consonance with
national civil defense plans, programs, and operations of the Department
of Defense under Executive Order No. 10952, Heads of agencies shall, as
appropriate:
(a) Facilities protection. Provide facilities protection guidance
material adapted to the needs of the facilities and services concerned
and promote a national program to stimulate disaster preparedness and
control in order to minimize the effects of overt or covert attack on
facilities under their jurisdiction. Guidance shall include, but not be
limited to, organization and training of facility employees, personnel
shelter, evacuation, records protection, continuity of management,
emergency repair, deconcentration or dispersal of facilities, and mutual
aid associations for an emergency.
(b) Damage assessment. Maintain a capability to assess the effects
of an attack on facilities under their jurisdiction and to provide data
and assistance to the Department of Defense and other agencies, as
appropriate.
Sec. 8. Research. Within the framework of Federal research
objectives, Heads of agencies shall supervise or conduct research in
areas directly concerned with carrying out emergency preparedness
responsibilities, designate representatives for necessary ad hoc or task
force groups, and provide advice and assistance to other agencies in
planning for research in areas involving each agency's interest.
Sec. 9. Resources Evaluation. Each agency shall provide for
appropriate participation in the national resources evaluation program
administered by the Office of Emergency Planning.
Sec. 10. Claimancy. Heads of agencies shall prepare plans to claim
materials, manpower, equipment, supplies, and services needed in support
of assigned responsibilities and other essential functions of the
agencies before or through appropriate agencies, and shall work with
such agencies in developing programs to insure availability of such
resources in an emergency.
Sec. 11. Functional Guidance. Heads of agencies, in carrying out
the functions assigned in this order, shall be guided by the following:
(a) Interagency cooperation. Heads of agencies shall coordinate the
performance of their emergency preparedness functions with departments
and agencies having primary or supporting functions related thereto.
(b) Presidential coordination. The Director of the Office of
Emergency Planning shall advise and assist the President in determining
policy for the performance of functions under this order and in
coordinating the performance of such functions with the total national
preparedness program.
(c) Emergency planning. Emergency plans and programs and emergency
organization structure required thereby, shall be developed as an
integral part of the continuing activities of each agency on the basis
that it will have the responsibility for carrying out such programs
during an emergency. Heads of agencies shall be prepared to implement
all appropriate plans developed under this order. Modifications and
temporary organizational changes, based on emergency conditions, will be
in accordance with policy determinations by the President.
Sec. 12. Emergency Actions. Nothing in this order shall be
construed as conferring authority under Title III of the Federal Civil
Defense Act of 1950, as amended, or otherwise, to put into effect any
emergency plan, procedure, policy, program, or course of action prepared
or developed pursuant to this order. Such authority is reserved to the
President.
Sec. 13. Redelegation. Heads of agencies the functions hereinabove
assigned to them.
Sec. 14. Prior Actions. To the extent of any inconsistency between
the provisions of any prior order and the provisions of this order, the
latter shall control. Emergency Preparedness Orders No. 11, 13, and 14
(heretofore issued by the Director, Office of Civil and Defense
Mobilization) (26 F.R. 835-838), are hereby revoked.
THE WHITE HOUSE,
February 26, 1963.
JOHN F. KENNEDY
/15/ 5 U.S.C.A. 133a-15 note; 50 U.S.C.A.App. 2271 note.
Executive Order No. 11094, 28 F.R. 1855, February 28, 1963, FEDERAL
RESERVE SYSTEM, ETC.
By virtue of the authority vested in me as President of the United
States, including authority vested in me by Reorganization Plan No. 1 of
1958 (72 Stat. 1799), /14/ it is hereby ordered as follows:
Section 1. Scope. The Board of Governors of the Federal Reserve
System, the Federal Home Loan Bank Board, the Farm Credit
Administration, the Export-Import Bank of Washington, the Board of
Directors of the Federal Deposit Insurance Corporation, the Securities
and Exchange Commission, the Administrator of the Small Business
Administration and the Administrator of Veteran Affairs (hereinafter
referred to collectively as Heads of agencies) shall prepare national
emergency plans and develop preparedness programs covering functions
assigned to them in this order. These plans and programs shall be
designed to develop a state of readiness with respect to all conditions
of national emergency, including attack upon the United States.
Sec. 2. Financial Plans and Programs. The Board of Governors of the
Federal Reserve System, the Federal Home Loan Bank Board, the Farm
Credit Administration, and the Board of Governors of the Federal Deposit
Insurance Corporation, shall participate with the Office of Emergency
Planning, the Department of the Treasury, and other agencies in the
formulation of emergency financial and stabilization policies. The
Heads of such agencies shall, as appropriate, develop emergency plans,
programs, and regulations, in consonance with national emergency
financial and stabilization plans and policies, to cope with potential
economic effects of mobilization or an attack including, but not limited
to, the following:
(a) Money and credit. Provision, restriction, or regulation of money
and credit in accordance with the needs of the economy, including the
acquisition decentralization, and distribution of emergency supplies of
currency; the collection of cash items and non-cash items; and the
conduct of fiscal agency and foreign operations.
(b) Financial institutions. Provision for the continued or resumed
operation of banking, savings and loan, and other financial
institutions, including measures for the re-creation of evidence of
assets or liabilities destroyed or inaccessible.
(c) Liquidity. Provision of necessary liquidity to financial
institutions including those destroyed or damaged.
(d) Cash withdrawals and credit transfers. Regulation of the
distribution and withdrawal of currency and the transfer of credits
including deposit and share account balances.
(e) Insurance. Provision for the assumption and discharge of
liability pertaining to insured deposits and insured savings accounts or
withdrawable shares in financial institutions destroyed or made
insolvent.
Sec. 3. Sharing of War Losses. Heads of agencies shall, as
appropriate, participate with the Office of Emergency Planning and the
Department of the Treasury in the development of policies, plans, and
procedures for sharing war losses.
Sec. 4. Securities and Exchange Commission. In addition to its
concern with other programs outlined herein, the Commission shall
collaborate with the Secretary of the Treasury in the development of
emergency financial control plans, programs, procedures, and regulations
for:
(a) Stock Trading. Temporary closure of security exchanges,
suspension of redemption rights and freezing of stock and bond prices,
if required in the interest of maintaining economic controls.
(b) Modified trading. Development of plans designed to reestablish
and maintain a stable and orderly market for securities when the
situation permits under emergency conditions.
(c) Protection of securities. Provision of a national records system
which will make it possible to establish current ownership of securities
in the event major trading centers and depositories are destroyed.
(d) Flow capital. The control of the formation and flow of private
capital as it relates to new securities offerings or expansion of prior
offerings for the purpose of establishing or reestablishing industries
in relation to the nation's needs in or following a national emergency.
(e) Flight of capital. The prevention of the flight of capital
outside this country and the impounding of securities in the hands of
enemy aliens.
Sec. 5. Export-Import Bank of Washington. Under foreign policy
guidance of the Secretary of State, the Export-Import Bank shall develop
plans for utilization of the resources of the Bank in expansion of
productive capacity abroad for essential materials, foreign barter
arrangements, acquisition of emergency imports, or in any other manner
designed to strengthen the relative position of the Nation and its
allies, or to assist neutral nations, and, under guidance of the
Secretary of the Treasury, develop plans for the utilization of the
Bank's resources in support of the domestic economy and survival of the
nation.
Sec. 6. Small Business Administration. The Administrator of the
Small Business Administration shall:
(a) Develop plans to administer a program for the acquisition of
prime contracts by the Administration and, in turn, for negotiating or
otherwise letting of subcontracts to capable small business concerns in
an emergency.
(b) Resource information. Provide data on facilities inventories and
potential production capacity of small business concerns to all
interested agencies.
(c) Procurement. Develop plans to determine jointly with Federal
procurement agencies, as appropriate, which defense contracts are to go
to small business concerns and to certify to the productive and
financial ability of small concerns to perform specific contracts, as
required.
(d) Loans for plant modernization. Develop plans for providing
emergency assistance to essential individual industrial establishments
through direct loans or participation loans for the financing of
production facilities and equipment.
(e) Resource pools. Develop plans for encouraging and approving
small business defense production and research and development pools.
(f) Financial assistance. Develop plans to make loans, directly or
in participation with private lending institutions, to small business
concerns and to groups or pools of such concerns, to small business
investment companies, and to state and local development companies to
provide them with funds for lending to small business concerns, for
defense and essential civilian purposes.
Sec. 7. The Veterans Administration. The Administrator of Veterans
Affairs shall:
(a) Health functions. Assist the Department of Health, Education,
and Welfare in the fulfillment of that Department's responsibilities and
participate with it in the development of plans and guidance to utilize
to the maximum extent the existing health resources of the Veterans
Administration.
(b) Veterans benefits. (1) Develop plans for the continuation or
restoration of benefits to veterans of previous wars as soon as possible
after a direct attack upon the United States and prepare operating plans
and programs designed to recognize and care for new veterans.
(2) Develop emergency measures for the conduct of compensation,
pension, rehabilitation, and insurance payments consistent with over-all
Federal plans for the continuation of Federal benefit payment after an
enemy attack.
(3) Develop plans and procedures for the emergency conduct of
insurance and loan guaranty functions in accordance with indirect
stabilization policies and controls designed to deal with various
conditions of attack.
Sec. 8. Research. Within the framework of Federal research
objectives, Heads of agencies shall supervise, conduct, or recommend
research directly concerned with carrying out emergency preparedness
responsibilities, designate representatives for necessary ad hoc or task
force groups, and provide advice and assistance to other agencies in
planning for research in areas involving their agency's interest.
Sec. 9. Cooperation with Department of Defense. In consonance with
national civil defense plans, programs, and operations of the Department
of Defense under Executive Order No. 10952, Heads of agencies shall, as
appropriate:
(a) Facilities protection. Provide facilities protection guidance
material adapted to the needs of the facilities and services concerned
and promote a national program to stimulate disaster preparedness and
control in order to minimize the effects of overt or covert attack on
facilities under their jurisdiction or influence. Guidance shall
include, but not be limited to, organization and training of facility
employees, personnel shelter evacuation, records protection, continuity
of management, emergency repair deconcentration or dispersal of
facilities, and mutual aid associations for an emergency.
(b) Damage assessment. Maintain a capability to assess the effects
of attack on facilities under their jurisdiction and to provide data and
assistance to the Department of Defense.
Sec. 10. Functional Guidance. Heads of agencies, in carrying out
the functions assigned in this order, shall be guided by the following:
(a) Interagency cooperation. Heads of agencies shall enlist the
cooperation of appropriate State authorities and shall coordinate the
performance of their emergency preparedness functions with departments
and agencies having primary or supporting functions related thereto.
(b) Presidential coordination. The Director of the Office of
Emergency Planning shall advise and assist the President in determining
policy for the performance of functions under this order and in
coordinating the performance of such functions with the total national
preparedness program.
(c) Emergency planning. Emergency plans a-d programs, and emergency
organization structure required thereby, shall be developed as an
integral part of the continuing activities of each agency on the basis
that it will have the responsibility for carrying out such programs
during an emergency. Heads of agencies shall be prepared to implement
all appropriate plans developed under this order. Modifications and
temporary organizational changes, based on emergency conditions, will be
in accordance with policy determinations by the President.
Sec. 11. Emergency Actions. Nothing in this orders shall be
construed as conferring authority under Title III of the Federal Civil
Defense Act of 1950, as amended, or otherwise, to put into effect any
emergency plan, procedure, policy, program, or course of action prepared
or developed pursuant to this order. Such authority is reserved to the
President.
Sec. 12. Resources Evaluation. Heads of agencies shall provide for
appropriate participation in the national resources evaluation program
administered by the Office of Emergency Planning.
Sec. 13. Redelegation. Heads of agencies are hereby authorized to
redelegate within their agencies the functions hereinabove assigned to
them.
Sec. 14. Prior Actions. To the extent of any inconsistency between
the provisions of any prior order and the provisions of this order, the
latter shall control. Emergency Preparedness Order No. 10 (heretofore
issued by the Director of the Office of Civil and Defense Mobilization)
(26 F.R. 835), and Defense Mobilization Orders No. 1-20 dated January
15, 1956 (21 F.R. 1127), No. I-22 dated March 28, 1956 (21 F.R. 2043),
and I-24 dated July 3, 1956 (21 F.R. 5057) (heretofore issued by the
Director of the Office of Defense Mobilization) are hereby superseded
and revoked.
THE WHITE HOUSE,
February 26, 1963.
JOHN F. KENNEDY
/14/ 5 U.S.C.A. 133z-15 note; 50 U.S.C.A.App. 2271 note.
Executive Order No. 11093, 28 F.R. 1851, February 28, 1963,
ADMINISTRATOR OF GENERAL SERVICES
By virtue of the authority in me as President of the United States,
including authority vested in me by Reorganization Plan No. 1 of 1958
(72 Stat. 1799), /13/ it is hereby ordered as follows:
Section 1. Scope. The Administrator of General Services
(hereinafter referred to as the Administrator) shall prepare national
emergency plans and develop preparedness programs designed to permit
modification or expansion of the activities of the General Services
Administration under the Federal Property and Administrative Services
Act of 1949, as amended, and other statutes prescribing the duties and
responsibilities of the Administrator. These plans and programs shall
include, but not be limited to: (1) operation, maintenance, and
protection of Federal buildings and their sites; construction,
alteration, and repair of public buildings; and acquisition,
utilization, and disposal of real and personal properties; (2) public
utilities service management for Federal agencies; (3)
telecommunications to meet the essential administrative requirements of
civilian activities of executive departments and agencies; (4)
transportation management to meet the traffic service requirements of
civilian activities of Federal agencies; (5) records management; (6)
emergency Federal Register; (7) government-wide supply support; (8)
service to survival item stockpiles; (9) national industrial reserve;
(10) guidance and consultation to government agencies regarding
facilities protection measures; (11) administration of assigned
functions under the Defense Production Act; and (12) administration and
operation of the stockpile of strategic and critical materials. These
plans and programs shall be designed to develop a state of readiness in
these areas with respect to all conditions of national emergency,
including attack upon the United States.
Sec. 2. Functions. The Administrator shall:
(a) Public buildings. Develop emergency plans and procedures for the
operation, maintenance, and protection of both existing and new
Federally owned and Federally-occupied buildings, and construction,
alteration, and repair of public buildings. Develop emergency operating
procedures for the control, acquisition, assignment, and priority of
occupancy of real property by the Federal Government and by State and
local governments to the extent they may be performing functions as
agents of the Federal Government.
(b) Public utility service management. Develop emergency operational
plans and procedures for the claimancy, procurement, and use of public
utility services for emergency activities of executive agencies of the
government.
(c) Communications. Plan for and provide, operate, and maintain
appropriate telecommunications facilities designed to meet the essential
administrative requirements of Federal civilian departments and agencies
during an emergency. Plans and programs of the Administrator shall be
in consonance with national telecommunication policies, plans, and
programs developed pursuant to Executive Order No. 10995, Executive
Order No. 11051, or other appropriate authority.
(d) Transportation. Develop plans and procedures for providing: (1)
general transportation and traffic management services to civilian
activities of Federal agencies in connection with movement of property
and supplies, including the claimancy, contracting, routing, and
accounting for government shipments by commercial transportation in time
of emergency; and (2) motor vehicle service to meet the administrative
needs of Federal agencies, including dispatch and scheduled government
motor service at and between headquarters, field offices, relocation
sites, and other installations of the Federal and State Governments.
(e) Records. Provide instructions and advice on appraisal,
selection, preservation, arrangement, references, reproduction, storage,
and salvage of essential records needed for the operation of the Federal
Government after attack, on an emergency basis including a decentralized
system.
(f) Federal Register. Develop emergency procedures for providing and
making available, on a decentralized basis a Federal Register of
Presidential Proclamations and Executive Orders, Federal administrative
regulations, Federal emergency notices and actions, and appropriate Acts
of Congress during a civil defense emergency.
(g) Government-wide procurement and supply. Prepare plans and
procedures for the coordination and/or operation of government-wide
supply programs to meet the requirements of Federal agencies under
emergency conditions, including the development of policies, methods,
and procedures for emergency procurement and for emergency
requisitioning of private property when authorized by law and competent
authority; identification of essential civil agency supply items under
the Federal catalog system; development of emergency Federal
specifications and standards; determination of sources of supply;
procurement of personal property and non-personal services; furnishing
appropriate inspection and contract administration services; and
establishment, coordination and/or operation of emergency storage and
distribution facilities.
(h) Claimancy. Prepare plans to claim materials, manpower,
equipment, supplies, and services needed in support of assigned
responsibilities and other essential functions of the General Services
Administration before the appropriate agencies, and work with such
agencies in developing programs to insure availability of such resources
in an emergency.
(i) Survival item stockpiles. Assist the Department of Health,
Education, and Welfare, insofar as civil defense medical stockpile items
under its jurisdiction are concerned, and the Department of Defense,
insofar as survival items under its jurisdiction are concerned, in
formulating plans and programs for service activity support relating to
stockpiling of such supplies and equipment. The Administrator shall
arrange for the procurement, storage, maintenance, inspection, survey,
withdrawal, and disposal of supplies and equipment in accordance with
the provisions of interagency agreements with the departments concerned.
(j) National industrial reserve and machine tool program. Develop
plans and procedures for the disposition, emergency reactivation, and
until the national industrial reserve and assist the Department of
Defense, in collaboration with the Department of Commerce, in the
development of plans and procedures for the disposition, emergency
reactivation, and utilization of the plants and equipment of this
reserve in the custody of the Administrator. Assist the Department of
Commerce in developing plans and programs for providing for emergency
requirements and production of machine tools and other industrial
equipment.
(k) Excess and surplus real and personal property. Develop plans and
emergency operating procedures for the utilization of excess and surplus
real and personal property by Federal Government agencies with emergency
assignments or by State and local governmental units as directed,
including review of the property holdings of Federal agencies which do
not possess emergency functions to determine the availability of
property for emergency use, and including the disposal of real and
personal property and the rehabilitation of personal property.
Sec. 3. Cooperation with Department of Defense. In consonance with
national civil defense plans, programs, and operations of the Department
of Defense under Executive Order No. 10952, the Administrator shall:
(a) Facilities protection and building and warden service. In
accordance with guidance from the Department of Defense, promote, with
respect to Federal buildings and installations, a government-wide
program (1) to stimulate protection, preparedness, and control in
emergencies in order to minimize the effects of overt or covert attack,
including dispersal of facilities; and (2) to establish warden
organizations, including safety and service personnel warden service,
first aid, police, and evacuation service.
(b) Damage assessment. Maintain a capability to assess the effects
of attack on Federal buildings, facilities, and resources, both at the
national and field levels, and to provide data to the Department of
Defense.
Sec. 4. Defense Production. The Administrator shall assist the
Office of Emergency Planning in the formulation of plans and programs
relating to the certification of procurement programs, subsidy payments,
and plant improvement programs provided for by the Defense Production
Act of 1950, as amended.
Sec. 5. Strategic and Critical Materials Stockpiles. The
Administrator shall assist the Office of Emergency Planning in
formulating plans, programs, and reports relating to the stockpiling of
strategic and critical materials. Within these plans and programs, the
Administrator shall provide for the procurement (for this purpose,
procurement includes upgrading, rotation, and beneficiation), storage,
security, maintenance, inspection, rotation, an beneficiation), storage,
security, maintenance, inspection, withdrawal, and disposal of
materials, supplies, and equipment.
Sec. 6. Research. Within the framework of Federal research
objectives, the Administrator shall conduct or supervise research in
areas directly concerned with carrying out emergency preparedness
responsibilities, designate representatives for necessary ad hoc or task
force groups, and provide advice and assistance to other agencies in
planning for research in areas involving the Administrator's interest.
Sec. 7. Functional Guidance. The Administrator, in carrying out the
functions assigned in this order, shall be guided by the following:
(a) Interagency cooperation. The Administrator shall assume the
initiative in developing joint plans for the coordination of emergency
preparedness functions outlined above in consultation with those
departments and agencies which have responsibilities for any segment of
such activities. He shall utilize to the maximum those capabilities of
other agencies qualified to perform or assist in the performance of
assigned functions by contractual or other agreements.
(b) Presidential coordination. The Director of the Office of
Emergency Planning shall advise and assist the President in determining
policy for the performance of functions under this order and in
coordinating the performance of such functions with the total national
preparedness program.
(c) Emergency planning. Emergency plans and programs, and emergency
organization structure required thereby, shall be developed as an
integral part of the continuing activities of the Administrator on the
basis that he will have the responsibility for carrying out such
programs during an emergency. The Administrator shall be prepared to
implement all appropriate plans developed under this order.
Modifications and temporary organizational changes, based on emergency
conditions, will be in accordance with policy determinations by the
President.
Sec. 8. Resources Evaluation. The Administrator shall provide
appropriate participation in the national resources evaluation program
administered by the Office of Emergency Planning.
Sec. 9. Emergency Actions. Nothing in this order shall be construed
as conferring authority under Title III of the Federal Civil Defense Act
of 1950, as amended, or otherwise, to put into effect any emergency
plan, procedure, policy, program, or course of action prepared or
developed pursuant to this order. Such authority is reserved to the
President.
Sec. 10. Redelegation. The Administrator is hereby authorized to
redelegate within the General Services Administration the functions
hereinabove assigned to him.
Sec. 11. Prior Actions. To the extent of any inconsistency between
the provisions of any prior order and the provisions of this order, the
latter shall control.
THE WHITE HOUSE,
February 26, 1963.
JOHN F. KENNEDY
/13/ 5 U.S.C.A. 133z-15 note; 50 U.S.C.A.App. 2271 note.
Executive Order No. 11092, 28 F.R. 1847, February 28, 1963, FEDERAL
COMMUNICATIONS COMMISSION
By virtue of the authority vested in me as President of the United
States, including authority vested in me by Reorganization Plan No. 1 of
1958 (72 Stat. 1799), /11/ and by section 606 of the Communications Act
of 1934, as amended (47 U.S.C. 6062, /12/ it is hereby ordered as
follows:
Section 1. Scope. The Federal Communications Commission
(hereinafter referred to as the Commission) shall, subject to the policy
guidance of the Director of the Office of Emergency Planning, prepare
national emergency plans and develop preparedness programs covering
provisions of service by common carriers, broadcasting facilities, and
the safety and special radio services; assignment of radio frequencies
to Commission licensees; and the protection, reduction of
vulnerability, maintenance, and restoration of facilities operated by
its licensees in an emergency. These plans and programs shall be
designed to develop a state of readiness in these areas with respect to
all conditions of national emergency, including attack upon the United
States, and will take into account the possibility of Government
preference or priority with common carriers or of exclusive Government
use or control of communications services or facilities, when authorized
by law.
Sec. 2. Definitions. As used in this order:
(a) "Common carrier" means any person subject to Commission
regulation engaged in providing, for use by the public, for hire,
interstate or foreign communication facilities or services by wire or
radio; but a person engaged in radio broadcasting shall not, insofar as
such person is so engaged, be deemed a common carrier.
(b) "Broadcasting facilities" means those stations licensed by the
Commission for the dissemination of radio communications intended to be
received by the public, directly or by the intermediary or relay
stations.
(c) "Safety and special radio services" includes those non-broadcast
and noncommon carrier services which are licensed by the Commission
under the generic designation "safety and special radio services"
pursuant to the Commission's Rules and Regulations.
Sec. 3. Functions. The Commission shall develop plans and
procedures, in consonance with national telecommunications plans and
policies, covering:
(a) Common carrier service. (1) Extension, discontinuance, or
reduction of common carrier facilities or services, and issuance of
appropriate authorizations for such facilities, services and personnel
in an emergency; and control of all rates, charges, practices,
classifications, and regulations for service to Government and
non-Government users during an emergency in consonance with national
economic stabilization policies.
(2) Development and administration of priority systems for public
correspondence and for the use and resumption of leased inter-city
private line service in an emergency.
(3) Use of common carrier facilities and services to overseas points
to meet vital needs in an emergency.
(b) Broadcasting service. Construction activation, or deactivation
of broadcasting facilities and services, the continuation or suspension
of broadcasting services and facilities, and issuance of appropriate
authorizations for such facilities, services, and personnel in an
emergency.
(c) Safety and special radio services. Authorization, operation and
use of safety and special radio services, facilities and personnel in
the national interest in an emergency.
(d) Radio frequency assignment. Assignment of radio frequencies to,
and their use by, Commission licensees in an emergency.
(e) Resource data. Provision of assistance and data with respect to
facilities operated by Commission licensees for national resource
evaluation purposes of the Office of Emergency Planning.
(f) Electromagnetic radiation. Control of radio stations in
emergency, except for those belonging to, or operated by, any department
or agency of the United States Government.
(g) Investigation and enforcement. Investigation of violations of
pertinent law and regulations in an emergency and development of
procedures designated to initiate, recommend, or otherwise bring about
appropriate enforcement actions required in the interest of national
security.
(h) Financial aid. Provision of financial, credit, or other
assistance to common carriers and Commission licensees who might need
such assistance in various conditions of mobilization, particularly
those resulting from attack.
(i) Conservation, salvage and rehabilitation. Stimulation of the
development, by common carriers and by licensees, of standby plans for
the conservation and salvage of supplies and equipment and the
rehabilitation, restoration, or replacement of essential communication
facilities after an attack.
(j) Claimancy. Preparation to claim materials, manpower, equipment,
supplies, and services needed in support of the common carriers and
Commission licensees from the appropriate resource agencies, and work
with such agencies in developing programs to insure availability of such
resources in an emergency.
Sec. 4. Cooperation with Department of Defense. In consonance with
national civil defense plans, programs, and operations of the Department
of Defense under Executive Order No. 10952, the Commission shall:
(a) Facilities protection. Provide advice and guidance to achieve
such industry protection as is necessary to maintain the integrity of
the facilities and services provided by common carriers and radio
station licensees, and promote a national program to stimulate disaster
preparedness and damage control. The guidance developed by the
Commission shall include, but not be limited to, organizing and training
facility employees, personnel shelter, evacuation and relocation plans,
records protection, continuity of management security, emergency repair
and recovery of facilities, deconcentration and dispersal of facilities,
and mutual aid associations for emergency.
(b) Damage assessment. maintain a capability to assess the effects
of attack on communication facilities and services subject to Commission
regulation which are essential in a national emergency and to provide
data to the Department of Defense.
Sec. 5. Research. Foster or conduct research in areas directly
concerned with the Commissioner's emergency preparedness
responsibilities.
Sec. 6. Functional Guidance. The Commission, in carrying out the
functions assigned in this order, shall be guided by the following:
(a) Interagency cooperation. The Commission shall assume the
initiative in developing plans for the performance of the emergency
functions outlined above, consulting with other departments and agencies
as appropriate. Such plans shall be in consonance with plans for the
mobilization of the nation's telecommunications resources developed
pursuant to Executive Order No. 11051.
(b) Presidential coordination. The Director of the Office of
Emergency Planning shall advise and assist the President in determining
policy for the performance of functions under this order and in
coordinating the performance of such functions with the total national
preparedness program.
(c) Emergency planning. Emergency plans and programs, and emergency
organization structure required thereby, shall be developed as an
integral part of the continuing activities of the Commission on the
basis that it will have the responsibility for carrying out such
programs during an emergency. The Commission shall be prepared to
implement all appropriate plans developed under this order.
Modifications and temporary organizational changes, based on emergency
conditions, will be in accordance wit, policy determinations by the
President.
Sec. 7. Emergency Actions. Nothing in this order shall be construed
as conferring authority under Title III of the Federal Civil Defense Act
of 1950, as amended, or otherwise, to put into effect any emergency
plan, procedure, policy, program, or course of action prepared or
developed pursuant to this order.
Sec. 8. Redelegation. The Commission is hereby authorized to
reassign, within the Commission and its staff, the functions hereinabove
assigned to it.
Sec. 9. Prior Actions. Nothing in this order shall derogate from
the provisions of Executive Order No. 10705, Executive Order No. 10995
or Executive Order No. 11051. Any order with respect to
telecommunications, issued pursuant to authority conferred by those
orders or orders which they revised or superseded, shall, except as it
is inconsistent herewith, continue in full force and effect until
amended, modified, or terminated by appropriate authority. To the
extent that there may be any inconsistency between the provisions of any
other prior Executive order and the provisions of this order, this order
shall control.
THE WHITE HOUSE,
February 26, 1963.
JOHN F. KENNEDY
/11/ 5 U.S.C.A. 133a-15 note; 50 U.S.C.A.App. 2271 note.
/12/ 47 U.S.C.A. 606.
Executive Order No. 11091, 28 F.R. 1843, February 28, 1963, CIVIL
SERVICE COMMISSION
By virtue of the authority vested in me as President of the United
States, including authority vested in me by Reorganization Plan No. 1 of
1958 (72 Stat. 1799), /10/ it is hereby ordered as follows:
Section 1. Scope. The Civil Service Commission (hereinafter
referred to as the Commission) shall prepare national emergency plans
and develop preparedness programs, concerning Federal civilian
employees, covering: the personnel system; personnel utilization;
manpower administration; wage and salary stabilization; emergency
personnel management and staffing assistance to Federal agencies;
recruiting activities; reassignment or transfer; a national postattack
registration system; deferment of employees from military service;
investigative requirements and procedures; the Employee Retirement
System; the employees group in life insurance and health benefit
programs; participation in the formulation of national and regional
manpower policies as the representative of the Federal Government as an
employer; the establishment of implementing policies and procedures for
Federal personnel as necessary; and related activities. These plans
and programs shall be designed to develop a state of readiness in these
areas with respect to all conditions of national emergency, including
attack upon the United States.
Sec. 2. Functions. The Commissioner shall:
(a) Personnel system. Prepare plans for adjusting the Federal
civilian personnel system to simplify administration and to meet
emergency demands.
(b) utilization. Develop policies and implementing procedures
designed to assist Federal agencies in achieving the most effective
utilization of the Federal Government's civilian manpower in an
emergency.
(c) Manpower policies. As the representative of the Federal
Government as an employer, participate, as appropriate, in the
formulation of national and regional manpower policies as they affect
Federal civilian personnel and establish implementing policies as
necessary.
(d) Manpower administration. Prepare plans, in consonance with
national manpower policies and programs, for the administration of
emergency civilian manpower and employment policies within the executive
branch of the Government, including the issuance and enforcement of
regulations to implement such policies.
(e) Wage and salary stabilization. Participate, as appropriate, with
the Office of Emergency Planning and the Department of Labor in the
formulation of national and regional wage and salary stabilization
policies as they affect Federal civilian personnel. Within the
framework of such policies, prepare plans for the implementation of such
policies and controls established for employees within the executive
branch of the Government, including the issuance and enforcement of
necessary regulations.
(f) Assistance. Develop plans for rendering personnel management and
staffing assistance to new and expanding Federal agencies.
(g) Recruiting. Develop plans for the coordination and control of
civilian recruiting policies and practices by all Federal agencies in
order to increase the effectiveness of the total recruitment efforts
during an emergency and to prevent undesirable recruiting practices.
(h) Reassignment. Develop plans to facilitate the reassignment or
transfer of Federal civilian employees, including the movement of
employees from one agency or location to another agency or location, in
order to meet the most urgent needs of the executive branch during an
emergency.
(i) Registration. Develop plans and procedures for a nationwide
system of post-attack registration of Federal employees to provide a
means for locating and returning to duty those employees who become
physically separated from their agencies after an enemy attack, and to
provide for the maximum utilization of the skills of surviving
employees.
(j) Deferment. Develop plans and procedures for a system to control
government requests for the selective service deferment of employees in
the executive branch of the Federal Government and in the municipal
government of the District of Columbia.
(k) Investigations. Prepare plans, in coordination with agencies
having responsibilities in the personnel security field, for the conduct
of national agency checks and inquiries, limited suitability
investigations, and full field investigations under emergency
conditions.
(l) Salaries, wages, and benefits. Develop plans for operating under
emergency conditions the essential aspects of salary and wage systems
and such benefit systems as the Federal Employees Retirement System, the
Federal Employees Group Life Insurance Program, the Federal Employees
and Retired Federal Employees Health Benefits Programs, and the Federal
Employees Compensation Program.
(m) Federal manpower mobilization. Assist Federal agencies in
establishing manpower plans to meet their own emergency manpower
requirements; identify major or special manpower problems of individual
Federal agencies and the Federal Government as a whole in mobilizing a
civilian work force to meet essential emergency requirements; identify
sources of emergency manpower supply for all agencies where the manpower
problems are indicated; and develop Government-wide plans for the use
of surplus Federal civilian manpower.
(n) Executive reserve. Maintain a central register of executive
reserve members for the purpose of assisting all departments and
agencies to avoid the issuance of invitations to persons already in the
executive reserve, and to avoid excessive governmental demands on a
single employer, and to assist the Federal agencies in the preparation
of executive reserve training programs.
(o) Training. Develop, organize, and conduct, as appropriate,
interagency training programs in emergency personnel management for
Federal employees.
(p) Resources. Periodically assess Federal civilian manpower
resources available from all sources in order to estimate availability
under an emergency situation, analyze resource estimates in relation to
estimated requirements in order to identify problem areas and develop
appropriate recommendations and programs. Provide data and assistance
before and after attack for national resource evaluation purposes of the
Office of Emergency Planning.
Sec. 3. Research. Within the framework of Federal research
objectives, supervise, conduct, or recommend research directly concerned
with carrying out emergency preparedness responsibilities, designate
representatives for necessary ad hoc or task force groups, and provide
advice and assistance to other agencies in planning for research in
areas in involving the Commission's interest.
Sec. 4. Functional Guidance. The Commission, in carrying out the
functions assigned in this order, shall be guided by the following:
(a) Interagency cooperation. The Commission shall assume the
initiative in developing joint plans for the coordination of
Government-wide civilian manpower mobilization and emergency personnel
administration programs with those agencies which have responsibility
for any segment of the Federal personnel program. The Commission shall
utilize to the maximum those capabilities of other agencies qualified to
perform or assist in the performance of assigned functions by
contractual or other agreements. Plans developed by the Commission
shall be in consonance with national manpower policies and plans
developed pursuant to Executive Order No. 11000.
(b) Presidential coordination. The Director of the Office of
Emergency Planning shall advise and assist the President in determining
policy for the performance of functions under this order and in
coordinating the performance of such functions with the total national
preparedness program.
(c) Emergency planning. Emergency plans and programs, and emergency
organization structure required thereby, shall be developed as an
integral part of the continuing activities of the Commission on the
basis that it will have the responsibility for carrying out such
programs during an emergency. The Commission shall be prepared to
implement all appropriate plans developed under this order.
Modifications and temporary organizational changes, based on emergency
conditions, will be in accordance with policy determinations by the
President.
Sec. 5. Emergency Actions. Nothing in this order shall be construed
as conferring authority under Title III of the Federal Civil Defense Act
of 1950, as amended, or otherwise, to put into effect any emergency
plan, procedure, policy, program, or course of action prepared or
developed pursuant to this order. Such authority is reserved to the
President.
Sec. 6. Redelegation. The Commission is hereby authorized to
redelegate within the Commission the functions hereinabove assigned to
it.
Sec. 7. Prior Actions. To the extent of any inconsistency between
the provisions of any prior order and the provisions of this order, the
latter shall control. Emergency Preparedness Order No. 12 (heretofore
issued by the Director, Office of Civil and Defense Mobilization) 26
F.R. 836-837), is hereby revoked.
THE WHITE HOUSE,
February 26, 1963.
JOHN F. KENNEDY
/10/ 5 U.S.C.A. 133z-15 note; 50 U.S.C.A.App. 2271 note.
Executive Order No. 11090, 28 F.R. 1841, February 28, 1963, CIVIL
AERONAUTICS BOARD
By virtue of the authority vested in me as President of the United
States, including authority vested in me by Reorganization Plan No. 1 of
1958 (72 Stat. 1799), /9/ it is hereby ordered as follows:
Section 1. Scope. The Civil Aeronautics Board (hereinafter referred
to as the Board) shall prepare national emergency plans and develop
preparedness programs covering establishment, administration, and
control of the War Air Service Program described in Section 2(a) of this
order; economic regulation of the domestic and international aspects of
United States air carrier operations; and accident investigation of
civil air operations. These plans and programs shall be designed to
develop a state of readiness in these areas with respect to all
conditions of national emergency, including attack upon the United
States.
Sec. 2. Definitions. As used in this order:
(a) "War Air Service Program" (hereinafter referred to as WASP) means
the program designed to provide for the maintenance of essential civil
air routes and services, and to provide for the distribution and
redistribution of air carrier aircraft among civil air transport
carriers after withdrawal of aircraft allocated to the Civil Reserve Air
Fleet.
(b) "Civil Reserve Air Fleet" (hereinafter referred to as CRAF) means
those air carrier aircraft allocated by the Secretary of Commerce to the
Department of Defense to meet essential military needs in the event of
an emergency.
Sec. 3. Functions. The Board shall:
(a) Distribution of aircraft. Develop plans and be prepared to carry
out such distribution and redistribution of all air carrier civil
aircraft allocated by the Secretary of Commerce among the civil air
transport carriers as may be necessary to assure the maintenance of
essential civil routes and services under WASP operations after the
requirements of the Department of Defense for CRAF have been met.
(b) Economic regulation. Develop plans covering route authorizations
and operations, tariffs, rates, and fares charged the public, mail
rates, government compensation and subsidy, and accounting and
contracting procedures essential to WASP operations.
(c) Priorities. Develop plans and procedures, in consonance with the
general transportation planning and coordination function of the
Secretary of Commerce, for the administration of controls and priorities
of passenger and cargo movements in connection with the utilization of
air carrier aircraft for WASP purposes in an emergency.
(d) Investigation. Maintain the capability to investigate major
accidents involving civil air carrier aircraft, and violations of
emergency economic regulations affecting air carrier operations.
(e) Claimancy. Assist the Federal Aviation Agency (hereinafter
referred to as FAA) in preparing plans to evaluate requests for, and to
claim from the appropriate agencies, the materials, manpower, equipment,
supplies, and services that would be needed by air carriers in carrying
out WASP and other civilian emergency functions that may be assigned to
the Board. Assist FAA to work with such agencies in developing programs
to insure the availability of such, supplies and services in an
emergency.
(f) Resources. Periodically assess the availability of air carrier
aircraft in order to plan for their utilization under any emergency
situation. Analyze resource estimates in relation to estimated
requirements in order to identify probable deficiencies, recommend
corrective action to the appropriate authorities, and provide data and
assistance before and after attack for national resource evaluation
purposes to the Office of Emergency Planning and to the Department of
Commerce.
(g) Requirements. Develop on a continuing basis, in coordination
with FAA, requirements for manpower, fuel, equipment, supplies, and
other resources essential to the maintenance of WASP operations.
(h) Salvage and rehabilitation. Assist FAA in development of standby
plans for the salvage of supplies and equipment and the rehabilitation
restoration or replacement of essential civil aircraft and services
after attack.
(i) Damage assessment. Provide assistance, as appropriate, to FAA
and to the Department of Defense in assessing the effects of attack on
air carrier aircraft.
(j) Professional liaison. Maintain relations with the air
transportation industry to foster mutual understanding and support of
WASP and the utilization of executive reservists.
(k) Financial aid. Develop plans and procedures for financial and
credit assistance to the air transportation industry in the event these
are needed under emergency conditions.
(l) Contracting. Prepare to perform as a contracting agency, if such
agency is necessary, in connection with distribution and redistribution
of aircraft for WASP.
Sec. 4. Research. Within the framework of Federal research
objectives, the Board shall supervise or conduct research in areas
directly concerned with carrying out its emergency preparedness
responsibilities, designate representatives for necessary ad hoc or task
force groups, and provide advice and assistance to other agencies in
planning for research in areas involving the Board's interest.
Sec. 5. Functional Guidance. The Board, in carrying out the
functions assigned in this order, shall be guided by the following:
(a) Interagency cooperation. The Board shall work with the Secretary
of Commerce, the Administrator of FAA, and the heads of other agencies
concerned with the development of emergency transportation programs.
The Board shall utilize to the maximum those capabilities of other
agencies contractual or other agreements. Plans and programs developed
by the Board shall be in consonance with emergency transportation plans
and policies developed by the Secretary of Commerce.
(b) Presidential coordination. The Director of the Office of
Emergency Planning shall advise and assist the President in determining
policy for the performance of functions under this order and in
coordinating the performance of such functions with the total national
preparedness program.
(c) Emergency planning. Emergency plans and programs, and emergency
organization structure required thereby, shall be developed as an
integral part of continuing activities of the Board on the basis that it
will have the responsibility for carrying out such programs during an
emergency. The Board shall be prepared to implement all appropriate
plans developed under this order. Modifications and temporary
organizational changes, based on emergency conditions, will be in
accordance with policy determinations by the President.
Sec. 6. Emergency Actions. Nothing in this order shall be construed
as conferring authority under Title III of the Federal Civil Defense Act
of 1950, as amended, or otherwise, to put into effect any emergency
plan, procedure, policy, program, or course of action prepared or
developed pursuant to this order. Such authority is reserved to the
President.
Sec. 7. Redelegation. The Board is hereby authorized to redelegate
within the Board the functions hereinabove assigned to it.
Sec. 8. Prior Actions. To the extent of any inconsistency between
the provisions of any prior order and the provisions of this order, the
latter shall control.
THE WHITE HOUSE,
February 26, 1963.
JOHN F. KENNEDY
/9/ 5 U.S.C.A. 133z-15 note; 50 U.S.C.A.App. 2271 note.
Executive Order No. 11089, 28 F.R. 1839, February 28, 1963
By virtue of the authority vested in me as President of the United
States, including authority vested in me by Reorganization Plan No. 1 of
1948 (72 Stat. 1799), /8/ it is hereby ordered as follows:
Section 1. Scope. The Atomic Energy Commission (hereinafter
referred to as the Commission) shall prepare national emergency plans
and develop preparedness programs for the continuing conduct of atomic
energy activities of the Federal Government. These plans and programs
shall be designed to develop a state of readiness in these areas with
respect to all conditions of national emergency, including attack upon
the United States and, consistent with applicable provisions of the
Atomic Energy Act of 1954, as amended, will be closely coordinated with
the Department of Defense and the Office of Emergency Planning.
Sec. 2. Functions. The Commission shall develop plans to:
(a) Production. Continue or resume in an emergency essential (1)
manufacture, development, and control of nuclear weapons and equipment,
except to the extent that the control over such weapons and equipment
has been transferred to the Department of Defense; (2) development and
technology related to reactors; (3) process development and production
of feed material, special nuclear materials, and other special products;
(4) related raw materials procurement, processing, and development;
and (5) repair, maintenance, and construction related to the above.
(b) Regulation. Continue or resume in an emergency (1) controlling
the possession, use, transfer, import, and export of atomic materials
and facilities, and (2) ordering the operation or suspension of licensed
facilities, and recapturing from licensees, where necessary, special
nuclear materials whether related to military support or civilian
activities.
(c) Public health and safety. Shut down in anticipation of an
imminent enemy attack on the United States, and maintain under
surveillance, all Commission-owned facilities which could otherwise
constitute a significant hazard to public health and safety; and insure
the development of appropriate emergency plans for nuclear reactors and
other nuclear activities licensed by the Commission whether
privately-owned or Government owned.
(d) Research and development. Adapt and utilize the Commission's
scientific and technological capability to meet pre-attack and
post-attack priority needs of the Federal Government within the
framework of Federal research objectives.
(e) Scientific, technical, and public atomic energy information.
Organize, reproduce, and disseminate appropriate public atomic energy
information and scientific and technical reports and data relating to
nuclear science research, development engineering, applications, and
effects to interested Government agencies, the scientific and technical
communities, and approved, friendly, and cooperating foreign nations.
(f) International atomic energy affairs. Maintain essential liaison
with foreign nations with respect to activities of mutual interest
involving atomic energy.
(g) Health services. Assist the Department of Health, Education, and
Welfare, consistent with the above requirements, in integrating into
civilian health programs in an emergency the Commission's remaining
health manpower and facilities not required for the performance of the
Commission's essential emergency functions.
(h) Damage assessment. Maintain a capability to assess the effects
of attack on the Commission's resources, both at national and field
levels, and provide data to the Department of Defense.
(i) Claimancy. Prepare plans to claim material, manpower, equipment,
supplies, and services needed to carry out assigned responsibilities and
other essential functions of the Commission from the appropriate
agencies and work with such agencies in developing programs to insure
availability of such resources in an emergency.
Sec. 3. Resources Evaluation. The Commission shall provide for
appropriate participation in the national resource evaluation program
administered by the Office of Emergency Planning.
Sec. 4. Functional Guidance. The Commission, in carrying out the
functions assigned in this order, shall be guided by the following:
(a) Interagency cooperation. The Commission shall assume the
initiative in developing joint plans for the coordination of emergency
atomic energy programs of those departments and agencies which have
responsibilities for any segment of such activities. It shall utilize
to the maximum those capabilities of other agencies qualified to perform
or assist in the performance of assigned functions by contractual or
other agreements.
(b) Presidential coordination. The Director of the Office of
Emergency Planning shall advise and assist the President in determining
policy for the performance of functions under this order and in
coordinating the performance of such functions with the total national
preparedness program.
(c) Emergency planning. Emergency plans and programs, and emergency
organization structure required thereby, shall be developed as an
integral part of the continuing activities of the Commission on the
basis that it will have the responsibility for carrying out such
programs during an emergency. The Commission shall be prepared to
implement all appropriate plans developed under this order.
Modifications and temporary organizational changes, based on emergency
conditions, will be in accordance with policy determinations by the
President.
Sec. 5. Emergency Action. Nothing in this order shall be construed
as conferring authority under Title III of the Federal Civil Defense Act
of 1950, as amended, or otherwise, to put into effect any emergency
plan, procedure, policy, program, or course of action prepared or
developed pursuant to this order. Such authority is reserved to the
President.
Sec. 6. Redelegation. The Commission is hereby authorized to
redelegate within the Commission the functions hereinabove assigned to
it.
Sec. 7. Prior Actions. To the extent of any inconsistency between
the provisions of any prior order and the provisions of this order, the
latter shall control.
THE WHITE HOUSE,
February 26, 1963.
JOHN F. KENNEDY
/8/ 5 U.S.C.A. 133z-- 15 note; 50 U.S.C.A.App. 2271 note.
Executive Order No. 11088, 28 F.R. 1837, February 28, 1963, SECRETARY
OF THE TREASURY
By virtue of the authority vested in me as President of the United
States including authority vested in me by Reorganization Plan No. 1 of
1958 (72 Stat. 1799), /7/ it is hereby ordered as follows:
Section 1. Scope. The Secretary of the Treasury (hereinafter
referred to as the Secretary) shall prepare national emergency plans and
develop preparedness programs covering the functions assigned to him in
this order. These plans and programs shall be designed to develop a
state of readiness by the Department of the Treasury with respect to all
conditions of national emergency, including attack upon the United
States.
Sec. 2. Functions. The Secretary shall develop policies, plans, and
procedures for the performance of emergency functions with respect to
(1) stabilization aspects of the monetary, credit, and financial system;
(2) collection of revenue; (3) regulation of financial institutions in
government securities; (6) tax and debt policies; (7) participation in
bilateral and multilateral financial arrangements with foreign
governments; (8) regulation of foreign assets in the United States and
of foreign financial dealings; (9) development of procedures for the
manufacturers, and/or issuance a redemption of securities, stamps,
coins, and currency; (19) development of systems for the issuance and
payment of Treasury checks; (11) maintenance of the central government
accounting and financial reporting system; (12) administration of
custom laws, tax laws, laws governing import manufacture, and
distribution of narcotics, and laws on control of alcohol, alcoholic
beverages, and tobacco; (13) suppression of counterfeiting and forgery
of government securities, stamps, coins, and currency; (14) protection
of the President and the Vice President; (15) granting of loans
(including participation in or guarantees or loans) for the expansion of
capacity, the development of technological processes, or the production
of essential material; and (16) provisions for port security, search
and rescue on the high seas, aids to maritime navigation, and
enforcement of marine inspection laws and navigation laws.
Sec. 3. Resources Evaluation. The Secretary shall provide for
appropriate participation in the national resources evaluation program
administered by the Office of Emergency Planning.
Sec. 4. Research. The Secretary and the Office of Emergency
Planning shall cooperate in research in areas involving the Department's
responsibilities under this order.
Sec. 5. Functional Guidance. The Secretary, in carrying out the
functions assigned in this order, shall be guided by the following:
(a) Interagency cooperation. The Secretary shall assume the
initiative in developing joint plans for the coordination of emergency
monetary and credit programs of those departments and agencies which
have responsibilities dependent on the policies or capabilities of the
Department. The Secretary shall also participate in the coordination of
emergency monetary and credit policies with emergency price, wage, and
rent control policies. He shall utilize to the maximum those
capabilities of other agencies qualified to perform or assist in the
performance of assigned functions by contractual or other agreements.
(b) Presidential coordination. The Director of the Office of
Emergency Planning shall advise and assist the President in determining
policy for the performance of functions under this order and in
coordinating the performance of such functions with the total national
preparedness program.
(c) Emergency planning. Emergency plans and programs, and emergency
organization structure required thereby, shall be developed as an
integral part of the continuing activities of the Department of the
Treasury on the basis that it will have the responsibility for carrying
out such programs during an emergency. The Secretary shall be prepared
to implement all appropriate plans developed under this order.
Modifications and temporary organizational changes, based on emergency
conditions, will be in accordance with policy determinations by the
President.
Sec. 6. Emergency Actions. Nothing in this order shall be construed
as conferring authority under Title III of the Federal Civil Defense Act
of 1950, as amended, or otherwise, to put into effect any emergency pan
procedure, policy, program, or course of action prepared or developed
pursuant to this order. Such authority is reserved to the President.
Sec. 7. Prior Actions. To the extent of any inconsistency between
the provisions of any prior order and the provisions of this order, the
latter shall control.
THE WHITE HOUSE,
February 26, 1963.
JOHN F. KENNEDY
/7/ 5 U.S.C.A. 133a-15 note; 50 U.S.C.A.App. 2271 note.
Executive Order No. 11087, 28 F.R. 1835, February 28, 1963, SECRETARY
OF STATE
By virtue of the authority vested in me as President of the United
States including authority vested in me by Reorganization Plan No. 1 of
1958 (72 Stat. 1799), /6/ it is hereby ordered as follows:
Section 1. Scope. The Secretary of State (hereinafter referred to
as the Secretary) shall prepare national emergency plans and develop
preparedness programs designed to permit modification or expansion of
the activities of the Department of State and of agencies, boards, and
commissions under his jurisdiction in order to meet all conditions of
national emergency, including attack upon the United States.
Sec. 2. Functions. The Secretary shall develop policies, plans, and
procedures for carrying out his responsibilities in the conduct of the
foreign relations of the United States under conditions of national
emergency, including but not limited to (1) formulation, negotiation,
and implementation of contingency and post-emergency plans with our
allies and of the intergovernmental agreements and arrangements required
by such plans; (2) formulation, negotiation, and execution of measures
affecting the relationships of the United States with neutral States;
(3) formulation and execution of political strategy toward hostile or
enemy States, including the definition of war objectives and the
political means for achieving those objectives; (4) maintenance of
diplomatic representation abroad; (5) reporting and advising on
conditions overseas which bear upon the national emergency; (6)
carrying out or proposing economic measures with respect to other
nations, including coordination with the export control functions of the
Secretary of Commerce; (7) mutual assistance activities such as
ascertaining requirements of the civilian economies of other nations,
making recommendations to domestic resource agencies for meeting such
requirements, and determining the availability of and making
arrangements for obtaining foreign resources required by the United
States; (8) providing foreign assistance, including continuous
supervision and general direction of authorized economic and military
assistance programs for friendly nations and determination of the value
thereof; (9) protection or evacuation of American citizens and
nationals abroad and safeguarding their property; (10) protection
and/or control of international organization and foreign diplomatic,
consular, and other official personnel and property, or other assets, in
the United States; and (11) documentary control of persons seeking to
enter or leave the United States.
Sec. 3. Research. The Secretary and the Office of Emergency
Planning shall cooperate in research in areas involving the Department's
responsibilities under this order.
Sec. 4. Resources Evaluation. The Secretary shall provide for
appropriate participation in the national resources evaluation program
administered by the Office of Emergency Planning.
Sec. 5. Functional Guidance. The Secretary, in carrying out the
functions assigned in this order, shall be guided by the following:
(a) Interagency cooperation. The Secretary shall provide to all
other departments and agencies foreign policy guidance, leadership, and
coordination in the formulation and execution of those emergency
preparedness activities which may have foreign policy implications,
affect foreign relations, or depend, directly or indirectly, on the
policies and capabilities of the Department of State.
(b) Presidential coordination. The Director of the Office of
Emergency Planning shall advise and assist the President in determining
policy for the performance of functions under this order and in
coordinating the performance of such functions with the total national
preparedness program.
(c) Emergency planning. Emergency plans and programs, and emergency
organization structure required thereby, shall be developed as an
integral part of the continuing activities of the Department of State on
the basis that it will have the responsibility for carrying out such
programs during an emergency. The Secretary shall be prepared to
implement all appropriate plans developed under this order.
Modifications and temporary organizational changes, based on emergency
conditions, will be in accordance with policy determinations by the
President.
Sec. 6. Emergency Actions. Nothing in this order shall be construed
as conferring authority under Title III of the Federal Civil Defense Act
of 1950, as amended, or otherwise, to put into effect any emergency
plan, procedure, policy, program, or course of action prepared or
developed pursuant to this order. Such authority is reserved to the
President.
Sec. 7. Redelegation. The Secretary is hereby authorized to
redelegate within the Department of State the functions hereinabove
assigned to him.
Sec. 8. Prior Actions. To the extent of any inconsistency between
the provisions of any prior order and the provisions of this order, the
latter shall control.
THE WHITE HOUSE,
February 26, 1963.
JOHN F. KENNEDY
/6/ 5 U.S.C.A. 133z-15 note; 50 U.S.C.A.App. 2271 note.
Executive Order No. 11086, 28 F.R. 1833, February 28, 1963
By virtue of the authority vested in me by the Trading with the Enemy
Act, as amended (50 U.S.C.App. 1 et seq.), /3/ and by section 301 of
title 3 of the United States Code (65 Stat. 713), /4/ and as President
of the United States, it is ordered that sections 1, 2 and 3 of
Executive Order No. 10587 of January 13, 1955 (20 F.R. 361) /5/ are
amended to read as follows:
"Section 1. The Jewish Restitution Successor Organization, a
charitable membership organization incorporated under the laws of the
State of New York, is hereby designated as successor in interest to
deceased persons in accordance with and for the purposes of subsection
(h) of section 32 of the Trading with the Enemy Act, as added by the Act
of August 23, 1954 (68 Stat. 767), and amended by section 204(a) of
Public Law 87-846, approved October 22, 1962 (76 Stat. 1114).
Sec. 2. Exclusive of the designation of the Jewish Restitution
Successor Organization under section 1 of this Order and the exercise of
jurisdiction over the claims referred to in section 3, the Foreign
Claims Settlement Commission is hereby delegated and shall carry out the
functions provided for in subsection (h) of section 32 of the Trading
with the Enemy Act, as amended, including the designation or refusal of
designation of other organizations under the first sentence of that
subsection, the payment of $500,000 out of the War Claims Fund to the
designated organization or organizations and all others powers, duties,
authority and discretion vested in or conferred upon the President.
"Sec. 3. Jurisdiction over the claims filed by the Jewish
Restitution Successor Organization with the Attorney General under
subsection (h) of section 32 of the Trading with the Enemy Act prior to
the amendment thereof by section 204(a) of Public Law 87-846 shall
remain with the Attorney General pending the discharge of such claims by
that organization's acceptance of payment pursuant to subsection (h), as
amended, or other discharge of such claims pursuant to law."
THE WHITE HOUSE,
February 26, 1963.
JOHN F. KENNEDY
/3/ 50 U.S.C.A.App. 1 et seq.
/4/ 3 U.S.C.A. 301.
/5/ 50 U.S.C.A.App. 32 note.
Executive Order No. 11085, 28 F.R. 1759, February 26, 1963, THE
PRESIDENTIAL MEDAL OF FREEDOM
By virtue of the authority vested in me as President of the United
States, it is hereby ordered as follows:
Section 1. Prior orders. The numbered sections of Executive Order
No. 9586 of July 6, 1945, as amended by Executive Order No. 10336 of
April 3, 1952, /1/ are hereby amended to read as follows:
"Section 1. Medal established. The Medal of Freedom is hereby
reestablished as the Presidential Medal of Freedom, with accompanying
ribbons and appurtenances. The Presidential Medal of Freedom,
hereinafter referred to as the Medal, shall be in two degrees.
"Sec. 2. Award of the Medal. (a) The Medal may be awarded by the
President as provided in this order to any person who has made an
especially meritorious contribution to (1), the security or national
interests of the United States, or (2) world peace, or (3) cultural or
other significant public or private endeavors.
"(b) The President may select for award of the Medal any person
nominated by the Board referred to in Section 3(a) of this Order, any
person otherwise recommended to the President for award of the Medal, or
any person selected by the President upon his own initiative.
"(c) The principal announcement of awards of the Medal shall normally
be made annually, on or about July 4 of each year; but such awards may
be made at other times, as the President may deem appropriate.
"(d) Subject to the provisions of this Order, the Medal may be
awarded posthumously.
"Sec. 3. Distinguished Civilian Service Awards Board. (a) The
Distinguished Civilian Service Awards Board, established by Executive
Order No. 10717 of June 27, 1957, hereinafter referred to as the Board,
is hereby expanded, for the purpose of carrying out the objectives of
this Order, to include five additional members appointed by the
President from outside the Executive Branch of the Government. The
terms of service of the members of the Board appointed under this
paragraph shall be five years, except that the first five members so
appointed shall have terms of service expiring on the 31st day of July
1964, 1965, 1966, 1967, and 1968, respectively. Any person appointed to
fill a vacancy occurring prior to the expiration of the term for which
his predecessor was appointed shall serve for the remainder of such
term.
"(b) A chairman of the Board shall be designated by the President
from time to time from among the membership of the Board appointed from
the Executive Branch.
"(c) For purposes of recommending to the President persons to receive
the President's Award for Distinguished Federal Civilian Service, and to
carry out the other purposes of Executive Order No. 10717, only the
members of the Board from the Executive Branch will sit. The names of
persons so recommended will be submitted to the President without
reference to the other members of the Board.
"Sec. 4. Functions of the Board. (a) Any individual or group may
make recommendations to the Board with respect to the award of the
Medal, and the Board shall consider such recommendations.
"(b) With due regard for the provisions of Section 2 of this Order,
the Board shall screen such recommendations and, on the basis of such
recommendations or upon its own motion, shall from time to time submit
to the President nominations of individuals for award of the Medal, in
appropriate degrees.
"Sec. 5. Expenses. Necessary administrative expenses of the Board
incurred in connection with the recommendation of persons to receive the
Presidential Medal of Freedom, including expenses of travel of members
of the Board appointed under Section 3(a) of this Order, during the
fiscal year 1963, may be paid from the appropriation provided under the
heading 'Special Projects' in the Executive Office Appropriation Act,
1963, 76 Stat. 315, and during subsequent fiscal years, to the extent
permitted by law, from any corresponding or like appropriation made
available for such fiscal years. Such payments shall be without regard
to the provisions of section 3681 of the Revised Statutes and section 9
of the Act of March 4, 1909, 35 Stat. 1027 (31 U.S.C. 672 and 673).
Members of the Board appointed under Section 3(a) of this Order shall
serve without compensation.
"Sec. 6. Design of the Medal. The Army Institute of Heraldry shall
prepare for the approval of the President a design of the Medal in each
of its degrees."
Sec. 2. Other existing orders. (a) Section 4 of Executive Order No.
10717, establishing the terms of service of the members of the
Distinguished Civilian Service Awards Board, /2/ is hereby amended to
read "The members of the Board shall serve at the pleasure of the
President", and the other sections of that Order are amended conformably
to this Order.
(b) Except as otherwise specifically provided in this Order, existing
arrangements for conferring medals and honors shall continue in effect.
THE WHITE HOUSE,
February 22, 1963.
JOHN F. KENNEDY
/1/ 1945 U.S.Code Cong.Serv., p. 1279; 1952 U.S.Code Cong. &
Adm.News, p. 1039.
/2/ 5 U.S.C.A. 2123 note.
Executive Order No. 11084, 28 F.R. 1531, February 19, 1963
By virtue of the authority vested in me by Section 301 of Title 3 of
the United States Code, /16/ and as President of the United States, it
is ordered that Executive Order No. 10995 of February 16, 1962, /17/
headed "Assigning telecommunications management functions," be, and it
is hereby, amended by substituting for Section 3 thereof the following:
"Sec. 3.(a) The authority to assign radio frequencies to Government
Agencies, vested in the President by subsection 305(a) of the
Communications Act of 1934, as amended (47 USC 305(a)), including all
functions heretofore vested in the interdepartmental Radio Advisory
Committee, is hereby delegated to the Director of the Office of
Emergency Planning, who may redelegate such authority to the Director of
Telecommunications Management. Such, authority shall include the power
to amend, modify, or revoke frequency assignments.
"(b) The authority to authorize a foreign government to construct and
operate a radio station at the seat of government vested in the
President by subsection 305(d) of the Communications Act of 1934, as
amended (47 U.S.C. 305(d), is hereby delegated to the Director of the
Office of Emergency Planning who may redelegate such authority to the
Director of Telecommunications Management. Authorization for the
construction and operation of a radio station pursuant to this
subsection and the assignment of a frequency for its use shall be made
only upon recommendation of the Secretary of State and after
consultation with the Attorney General and the Chairman of the Federal
Communications Commission."
THE WHITE HOUSE,
February 15, 1963.
JOHN F. KENNEDY
/16/ 3 U.S.C.A. 301.
/17/ 47 U.S.C.A. 305 note.
Executive Order No. 11083, 28 F.R. 1245, February 8, 1963, INSPECTION
OF TAX RETURNS
By virtue of the authority vested in me by section 55(a) of the
Internal Revenue Code of 1939, as amended (53 Stat. 29, 54 Stat. 1008;
26 U.S.C. (1952 ed.) 55(a)), and by section 6103(a) of the Internal
Revenue Code of 1954 (67A Stat. 753; 26 U.S.C. 6103(a)), /15/ it is
hereby ordered that any income, excess-profits, estate, or gift tax
return for the years 1947 to 1963, inclusive, shall, during the
Eighty-eighth Congress, be open to inspection by the Committee on
Government Operations, House of Representatives, or any duly authorized
subcommittee thereof, in connection with its studies of the operation of
Government activities at all levels with a view to determining the
economy and efficiency of the Government. Such inspection shall be in
accordance and upon compliance with the rules and regulations prescribed
by the Secretary of the Treasury in Treasury Decisions 6132 and 6133,
relating to the inspection of returns by committees of the Congress,
approved by the President on May 3, 1955.
This order shall be effective upon its filing for publication in the
FEDERAL REGISTER.
THE WHITE HOUSE,
February 6, 1963.
JOHN F. KENNEDY
/15/ 26 U.S.C.A. (I.R.C. 1954) 6103(a).
Executive Order No. 11082, 28 F.R. 1131, February 6, 1963, INSPECTION
OF TAX RETURNS
By virtue of the authority vested in me by section 55(a) of the
Internal Revenue Code of 1939, as amended (53 Stat. 29, 54 Stat. 1008;
26 U.S.C. (1952 Ed.) 55(a)), and by section 6103(a) of the Internal
Revenue Code of 1954 (68A Stat. 753; 26 U.S.C. 6103(a)), /14/ it is
hereby ordered that any income, excess-profits, estate, or gift tax
return for gross, be open to inspection by the Senate Committee on
Government Operations or any duly authorized subcommittee thereof, in
connection with its studies of the operation of Government. Such
inspection shall be in accordance and upon compliance with the rules and
regulations prescribed by the Secretary of the Treasury Decisions 6132
and 6133, relating to the inspection of returns by committees of the
Congress, approved by the President on May 3, 1955.
This order shall be effective upon its filing for publication in the
FEDERAL REGISTER.
THE WHITE HOUSE,
February 1, 1963.
JOHN F. KENNEDY
/14/ 26 U.S.C.A. 6103(a).
Executive Order No. 11081, 28 F.R. 945, February 1, 1963, NONJUDICIAL
PUNISHMENTS
By virtue of the authority vested in me by chapter 46 (Uniform Code
of Military Justice) of title 10, United States Code, /13/ and as
President of the United States, I hereby prescribe the following
amendments of the Manual for Courts-Martial, United States, 1951
(prescribed by Executive Order No. 10214 of February 8, 1951).
The amendments made by this order become effective on February 1,
1963. However, no person may impose any kind of amount of nonjudicial
punishment after January 31, 1963, for an offense committed before
February 1, 1963, which he could not have imposed before that date.
1. The table of contents is amended by amending the analysis of
chapter XXVI to read as follows:
"Chapter XXVI. Nonjudicial punishment
"Authority
"Policies applicable
"Effect of errors
"Punishments
"Right to demand trial
"Procedure; records of punishment
"Suspension, mitigation, remission, and setting aside
"Appeals
2. Paragraph 16b is amended by striking out the words
"noncommissioned or petty officers" in the first sentence and inserting
the words "enlisted persons" in place thereof.
3. Paragraph 32e is amended by striking out the next to the last
sentence and inserting the following in place thereof:
"When reduction in pay grade is considered a proper punishment and he
is not authorized to impose such punishment, he should forward the
charges or report to a commander who has such authority under Article
15."
4. Paragraph 33g is amended by striking out the last sentence and
inserting the following in place thereof:
"In case of warrant officers and commissioned officers, he may,
unless his disciplinary authority has been limited or withheld (128),
impose such punishment. If his authority has been limited or withheld,
or if he believes a greater punishment is appropriate in the interest of
justice and discipline, he should forward the charges and allied papers
or the report of preliminary inquiry (if charges have not been
preferred) to the officer exercising general court-martial jurisdiction
or the general or flag officer in command."
5. Paragraph 35a is amended as follows:
(a) By striking out the words "to impose forfeitures of pay in
appropriate cases upon officers and warrant officers of his command
under the provisions of Article 15" in the third sentence and inserting
the words "to impose any of the punishments authorized in Article
15(b)(1)(B) upon officers and warrant officers of his command (see
131b(1))" in place thereof.
(b) By striking out the words "-- none of which may be delegated-- "
in the fourth sentence and inserting the words "-- of which only the
power under Article 15 may be delegated (128a)-- " in place thereof.
6. Paragraph 68g is amended by striking out the words "Article 15e"
in the last sentence and inserting the words "Article 15(f)" in place
thereof.
7. Paragraph 125 is amended by striking out the third sentence of
the fourth subparagraph thereof, which begins with the words "Formal
military duties."
8. Paragraph 126c(2) is amended by striking out the words
"noncommissioned or petty officers" in the second sentence and inserting
the words "enlisted persons" in place thereof.
9. The Table of Maximum Punishments, contained in paragraph 127c is
amended by inserting the following new item: (TABLE OMITTED)
10. Chapter XXVI is amended to read as follows:
"128. AUTHORITY.-- a. Who may impose nonjudicial punishment--
Unless otherwise provided by this chapter of regulations of the
Secretary concerned, a commanding officer may, under Article 15, impose
disciplinary punishments for minor offenses, without the intervention of
a court-martial, upon commissioned officers, warrant officers, and other
military personnel of his command. As used in this chapter, the term
'commanding officer; or commander' includes a warrant officer
exercising command.
"Under such regulations as may be prescribed by the Secretary
concerned, a commanding officer exercising general court-martial
jurisdiction or an officer of general or flag rank in command may
delegate his powers under Article 15 to an officer who is one of his
principal assistants. Such regulations shall define what officers may
be considered by those r:gulations or the terms of the delegation, the
officer to whom such powers are delegated has the same authority under
Article 15 as the officer who delegated the powers. Subject to
regulations of the Secretary concerned, a commanding officer having
disciplinary authority under Article 15 may limit or withhold the
exercise by a subordinate commander of any disciplinary authority that
subordinate commander would otherwise have under that article.
"In the Army and Air Force, authority under Article 15 may be
exercised only by commanding officers and officers to whom this
authority has been delegated. In the Navy, Marine Corps, and Coast
Guard, that authority has been delegated. In addition, an officer in
charge of any unit of the Navy, Marine Corps, or Coast Guard may impose
upon enlisted members assigned to the unit of which he is in charge, and
take action under 134 concerning, such of the punishments authorized to
be imposed by a commanding officer who is below the grade of lieutenant
commander or major as the Secretary concerned may specifically prescribe
by regulation. For the purpose of Article 15, the term 'assigned', as
used in the preceding sentence, has the same meaning as the term 'of his
command'. In matters within the authority of an officer in charge, the
term 'commanding officer' or 'commander', as used in this chapter,
includes an officer in charge. The Army and Air Force have no 'officer
in charge' as that term is used in Article 15(c).
"b. Minor offenses.-- The term 'offenses', as used in connection
with the authority to impose disciplinary punishment under Article 15
for minor offenses, includes only those acts or omissions constituting
offenses under the punitive articles of the Uniform Code of Military
Justice. The nature of an offense, and the circumstances surrounding
its commission, are among the factors which must be considered in
determining whether or not it is minor in nature. Generally, the term
includes misconduct not involving any greater degree of criminality than
is involved in the average offense tried by summary court-martial. The
term 'minor' ordinarily does not include misconduct of a kind which, if
tried by general courtmartial, could be punished by dishonorable
discharge or confinement for more than one year. The imposition and
enforcement of disciplinary punishment under this article for an act or
omission is not a bar to trial by court-martial for a serious crime or
offense which grew out of the same act or omission and which is not
properly punishable under this article. See 68g and Article 15(f).
However, the accused may show at the trial that he has been punished
under Article 15 and, if he does, this fact must be considered in
determining the measure of punishment to be adjudged if a finding of
guilty results.
"c. Nonpunitive measures.-- Article 15 of this chapter do not apply
to, include, or limit the use of those nonpunitive measures that a
commanding officer in charge is authorized and expected to use to
further the efficiency of his command or unit, such as administrative
admonitions, reprimands, exhortations, disapprovals, criticisms,
censures, reproofs, and rebukes, written or oral, not imposed as
punishment for a military offense. These nonpunitive measures may also
include, subject to any applicable regulations, administrative
withholding of privileges.
"d. Double punishment and increase in punishment prohibited-- When
punishment has been imposed upon a person under Article 15 for an
offense, punishment may not again be imposed upon him for the same
offense under Article 15 either by the commanding officer who imposed
the punishment or by any other commanding officer. But see 128b.
"Once punishment has been imposed it may not be increased, upon
appeal or otherwise.
"129. POLICIES APPLICABLE.-- a. General-- Commanders are
responsible for the maintenance of discipline within their commands. In
the great majority of instances, discipline can be maintained through
effective leadership including, when required, the use of those
nonpunitive measures which a commander is expected to use to further the
efficiency of his command or unit and which are not imposed under
Article 15. See 128c. When a minor offense has been committed and
nonpunitive measures are considered insufficient, authority under
Article 15 should ordinarily be used unless it is clear that only trial
by court-martial will meet the needs of justice and discipline.
"If a commanding officer determines that his authority under Article
15 is insufficient to make a proper disposition of the case, or if his
authority to impose punishment under that article has been withheld (see
128a), he may refer the case to a superior commander for appropriate
disposition.
"Before exercising authority under Article 15, the officer who is to
exercise it must thoroughly evaluate each case on an individual basis.
No policy may be established whereby certain categories of offenses must
be disposed of under Article 15 regardless of the circumstances, or
predetermined kinds or amounts of punishments must be imposed for
certain classifications of offenses that are proper for dispositioned
under Article 15.
"b. Purpose and nature of action under Article 15.-- Punishments
under Article 15 are primarily corrective in nature. In determining the
appropriate kind and amount of punishment to be administered, commanding
officers should consider the age, experience, intelligence, and prior
disciplinary and military record of the offender, as well as all the
other facts and circumstances of the case. When selecting the
appropriate kind or combination of punishments to be imposed, commanders
should consider the nature and characteristics of the various forms of
authorized punishment discussed in 131c. This information should also
be used by superior authority to whom appeals from punishments imposed
under this article are directed when he takes action on those appeals.
"In determining an appropriate punishment, commanders should consider
the desirability of suspending probationally all or a portion of the
punishment selected. Probational suspension of punishment normally is
warranted in the case of first offenders or when persuasive extenuating
or mitigating matters are present. Suspension not only provides a
behavioral incentive to the offender but also affords the commander an
excellent opportunity to evaluate the offender during the period of
suspension.
"130. EFFECT OF ERRORS.-- A failure to comply with any of the
procedural provisions of this chapter will not invalidate a punishment
imposed under Article 15, except to the extent that may be required by a
clear and affirmative showing of injury to a substantial right of the
person on whom the punishment was imposed, which right was neither
expressly nor impliedly waived.
"131. PUNISHMENTS.-- A. General limitations.-- The Secretary
concerned may, by regulations, place limitations on the powers granted
by Article 15 with respect to the kind and amount of the punishment
authorized (Art. 15(a)). Subject to 128a, and any limitations contained
in regulations of the Secretary concerned, the kinds and amounts of
punishment authorized by Article 15(b) may be imposed upon military
personnel of any armed forces as provided in this paragraph (131).
"b. Authorized maximum punishments.-- In addition to or in lieu of
admonition or reprimand, one or more of the following disciplinary
punishments may, subject to the limitations of 131d, be imposed upon
military personnel of their commands by the categories of commanding
officers designated herein:
"(1) Upon officers and warrant officers of his command--
"(A) by any commanding officer, restriction to certain specified
limits, with or without suspension from duty, for not more than 30
consecutive days;
"(B) if imposed by an officer exercising general court-martial
jurisdiction or an officer of general or flag rank in command--
"(i) arrest in quarters for not more than 30 consecutive days;
"(ii) forfeiture of not more than one-half of one month's pay per
month for two months;
"(iii) restriction to certain specified limits, with or without
suspension from duty, for not more than 60 consecutive days;
"(iv) detention of not more than one-half of one month's pay per
month for three months.
"(2) Upon other military personnel of his command--
"(A) by any commanding officer--
"(i) if imposed upon a person attached to or embarked in a vessel,
confinement on bread and water or diminished rations for not more than
three consecutive days;
"(ii) correctional custody for not more than seven consecutive days;
"(iii) forfeiture of not more than seven days' pay;
"(iv) reduction to the next inferior pay grade, if the grade from
which demoted is within the promotion authority of the officer imposing
the reduction or any officer subordinate to the one who imposes the
reduction;
"(v) extra duties, including fatigue or other duties, for not more
than 14 consecutive days;
"(vi) restriction to certain specified limits, with or without
suspension from duty, for not more than 14 consecutive days;
"(vii) detention of not more than 14 days' pay;
"(B) if imposed by a commanding officer of the grade of major or
lieutenant commander or above--
"(i) if imposed upon a person attached to or embarked in a vessel,
confinement on bread and water or diminished rations for not more than
three consecutive days;
"(ii) correctional custody for not more than 30 consecutive days;
"(iii) forfeiture of not more than one-half of one month's pay per
month for two months;
"(iv) reduction to the lowest or any intermediate pay grade, if the
grade from which demoted is within the promotion authority of the
officer imposing the reduction or any officer subordinate to the one who
imposes the reduction, but enlisted members in pay grades above E-4 may
not be reduced more than one pay grade, except that during time of war
or national emergency hereafter declared by the Congress, this category
of persons may be reduced two grades if the Secretary concerned
determines that circumstances require the removal of this limitation;
"(v) extra duties, including fatigue or other duties, for not more
than 45 consecutive days;
"(vi) restriction to certain specified limits, with or without
suspension from duty, for not more than 60 consecutive days;
"(vii) detention of not more than one-half of one month's pay per
month for three months.
"c. Nature of punishments.-- (1) Admonition and reprimand-- When an
admonition or reprimand is imposed as punishment under Article 15, it
should be clearly indicated that it is imposed as a punishment under
that article. See 128c as to admonitions and reprimands imposed as
purely administrative measures.
"In the case of officers and warrant officers, admonitions and
reprimands given as punishment under Article 15 must be administered in
writing. In other cases, unless otherwise prescribed by regulations of
the Secretary concerned, they may be administered either orally or in
writing.
"An admonition or reprimand may be imposed in lieu of or combined
with other Article 15 punishments.
"(2) Restriction.-- This form of punishment is the least severe form
of deprivation of liberty. Restriction involves moral rather than
physical restraint. The severity of this type of restraint is dependent
not only upon its duration but also upon the geographical limits
specified when the punishment is imposed. A person undergoing
restriction may be required to report to a designated place at specified
times if it is considered reasonably necessary to insure that the
punishment is being properly executed. Unless otherwise specified by
the commanding officer imposing this form of punishment, a person in
restriction may be required to perform any military duty.
"(3) Arrest in quarters.-- The authority to impose arrest in quarters
as punishment under Article 15 may be exercised only by an officer
exercising general court-martial jurisdiction or by a general or flag
officer in command. Arrest in quarters as a punishment under Article 15
may be imposed only upon commissioned officers and warrant officers.
"As in the case of restriction, the restraint involved in this
punishment is enforced by a moral obligation rather than by physical
means. An officer undergoing this punishment may be required to perform
such duties as may be prescribed by regulations of the Secretary
concerned. However, an officer so punished is required to remain within
his quarters during the period of punishment unless the limits of his
arrest are otherwise extended by appropriate authority. The quarters of
an officer may consist of his military residence, whether a tent,
stateroom, or other quarters assigned to him, or a private residence
occupied by him when he has not been furnished Government quarters.
"(4) Correctional custody.-- Correctional custody is the physical
restraint of a person during duty or nonduty hours, or both, imposed as
a punishment under Article 15, and may include extra duties, fatigue
duties, or hard labor. If practicable, this form of restraint will not
be served in immediate association with persons awaiting trial or held
in confinement pursuant to trial by court martial. A person undergoing
correctional duties, fatigue duties, and hard labor as may be assigned
by the authority charged with the administration of the punishment. The
conditions under which correctional custody is served shall be
prescribed by regulations of the Secretary concerned. In addition, the
Secretary concerned may, by regulations, limit the categories of
enlisted members upon whom this kind of punishment may be imposed. A
person undergoing the punishment of correctional custody who, before
being set at liberty by proper authority, casts off any physical
restraint imposed by his custodian or by the place or conditions of
custody commits the offense of escape from correctional custody in
violation of Article 134. If a person is undergoing the punishment of
correctional custody and there is an absence of physical restraint
imposed by a custodian or by the place or conditions of custody, a
breach by that person of any form or restraint imposed during this
period shall constitute the offense of breach of that restraint in
violation of Article 134. The authority competent to order the release
of a person from correctional custody shall be as designated by
regulations of the Secretary concerned.
"(5) Confinement on bread and water or diminished rations.-- This
punishment may be imposed only upon an enlisted person attached to or
embarked in a vessel. See 132. Confinement on bread and water or
diminished rations involves confinement in a place where the person so
confined may communicate only with authorized personnel. The ration to
be furnished a person undergoing a punishment of confinement on
diminished rations is that specified by the authority charged with the
administration of the punishment, but such ration may not consist solely
of bread and water unless this punishment has been specifically imposed.
Whenever punishment on bread and water or diminished rations is
imposed, a signed certificate of a medical officer (see 125), containing
his opinion that no serious injury to the health of the person to be
confined will be caused by that punishment, must be obtained before the
punishment is executed. The categories of enlisted personnel upon whom
this type of punishment may be imposed may be limited by regulations of
the Secretary concerned.
"(6) Extra duties.-- This punishment involves the performance of
duties in addition to those normally assigned to the person undergoing
the punishment. Extra duties may include fatigue duties. Military
duties of any kind may be assigned as extra duty (but see 125). Extra
duties assigned as punishment of noncommissioned officers, petty
officers, or such other enlisted persons of assimilative positions as
may be designated by regulations of the Secretary concerned, may not be
of a kind which demeans their grades or positions.
"(7) Reduction in grade.-- Reduction in grade is one of the most
severe forms of nonjudicial punishment which may be imposed as a penalty
for misconduct. Accordingly, a commander's authority to effect a
reduction should be utilized with discretion.
"As used in Article 15, the phrase 'if the grade from which demoted
is within the promotion authority of the officer imposing the reduction
or any officer subordinate to the one who imposes the reduction' does
not refer to the authority to promote the individual concerned but to
the general authority to promote to the grade held by the individual to
be punished.
"(8) Forfeiture of pay.-- Forfeiture involves a permanent loss of
entitlement to the pay forfeited. The word 'pay', as used with respect
to forfeiture of pay under Article 15, refers only to the basic pay of
the individual plus any sea or foreign duty pay. 'Basic pay'
comprehends no element of pay other than the basic pay fixed by statute
for the grade and length of service of the individual concerned and does
not include special pay for a special qualification, incentive pay for
the performance of hazardous duties, proficiency pay, subsistence and
quarters allowances, and similar types of compensation. If the
punishment includes both reduction, unsuspended, and forfeiture of pay,
the forfeiture must be based on the grade to which reduced. Also, any
monthly contribution from his pay that an enlisted person with
dependents is required by law to make to entitle him to a basic
allowance for quarters must be deducted before the net amount of pay
subject to forfeiture is computed. The amount to be forfeited will be
expressed in dollar amounts only (not in dollars and cents) and not in a
number of days' pay or fractions of monthly pay. If the forfeiture per
month and the number of months should be stated. Forfeiture of pay may
not extend to any pay accrued before the date of its imposition.
"(9) Detention of pay.-- Unlike a forfeiture of pay, a detention of
pay involves only a temporary withholding of pay. The period for which
the pay is to be detained, which may not be for more than one year, must
be specified at the time the punishment of detention is imposed. As in
the case of a forfeiture of pay, only basic pay plus sea or foreign duty
pay may be detained. The amount to be detained will be expressed in
dollar amounts only (not in dollars and cents) and not in a number of
days' pay or fractions of monthly pay. If the detention is to be
applied for more than one month, the amount to be detained per month and
the number of months should be stated. If the punishment includes both
reduction, unsuspended, and detention of pay, the detention must be
based on the grade to which reduced. Any monthly contribution that an
enlisted person with dependents is required by law to make to entitle
him to a basic allowance for quarters must be deducted before the net
amount of pay subject to detention is computed. The amount of pay
detained is returned to the offender at the expiration of the specified
period of detention or the offender's term of service, whichever is
earlier. Detention of pay may not extend to any pay accrued before the
date of its imposition.
"d. Combination and appointment.-- The punishments of restriction
and extra duties may be combined to run concurrently, but the
combination may not exceed the maximum duration imposable for extra
duties. Neither restriction nor extra duties may be combined to run
concurrently with correctional custody beyond the maximum duration
imposable for correctional custody. The punishment of restriction in
the case of an officer may not be combined to run concurrently with
arrest in quarters beyond the maximum duration imposable for arrest in
quarters. The punishment of correctional custody inherently includes a
form of restriction and may include extra duties.
"As provided by Article 15(b), neither the punishments of arrest in
quarters and restriction in the case of an officer, nor two or more of
the punishments of correctional custody, extra duties, and restriction
in the case of an enlisted person, may be combined to run consecutively
in the maximum amount imposable for each. All of these punishments are
in the nature of deprivation of liberty, and whenever they are combined
to run consecutively there must be an apportionment in accordance with
the provisions of this subparagraph (131d). Forfeiture of pay and
detention of pay may not be combined to run either consecutively or
concurrently without an apportionment. Both punishments amount to a
deprivation of entitlement to pay, either permanently or temporarily.
See example (2), below, for an illustration of a properly apportioned
combination.
"Confinement on bread and water or diminished rations may not be
imposed in combination with correctional custody, extra duties, or
restriction.
"In those instances in which an apportionment is required when
combining certain punishments, the following Table of Equivalent
Nonjudicial Punishments, derived from the statutory maximum authorized
punishments, will be used in substituting one form of punishment for
another:
(TABLE OMITTED)
The factors designated by asterisks in the Table are 2 instead of 1
1/2 when the punishment is imposed by a commanding officer below the
grade of major or lieutenant commander. The punishment of forfeiture or
detention of pay may not be substituted for the other punishments listed
in the Table, nor may those other punishments be substituted for
forfeiture or detention of pay.
"The use of the foregoing table is illustrated by the following
examples:
"(1) A commanding officer in the grade of major or lieutenant
commander, or above, may impose punishment consisting of correctional
custody for 1 days, extra duties for 15 days, and restriction to limits
for 20 days to r consecutively, using the following calculation: the
authorized maximum correctional custody imposable is 30 days, of which
only 10 days have been imposed; 15 days of extra duties can be
substituted for 10 of the unused days of correctional custody (1 1/2 for
1); and 20 days of restriction to limits can be substituted for the
remaining 10 days of unused correctional custody (2 for 1).
Additionally, the commanding officer may impose a forfeiture or
detention of pay, or a properly apportioned combination of those
punishments a reduction, and an admonition or reprimand.
"(2) A commanding officer in the grade of major or lieutenant
commander or above, may impose upon an enlisted person a forfeiture of 5
days' pay and a detention of 10 days' pay for the first month, the same
forfeiture and detention for the next month, and a detention of 10 days'
pay for the third month. This is calculated as follows: the total
amount that may be forfeited is one-half of one month's pay per month
for two months, or 30 days' pay. However, a total of only 10 days' pay
has been forfeited, leaving a total permissible detention of 30 days'
pay (20 x 1 1/2). The monthly allocation of forfeitures and detentions,
shown in the example, has been made because (A) the combination of
punishments may not operate so as to deprive the offender of more than
one-half of his monthly pay in any one month, and (B) the forfeitures
may not be imposed beyond the second month. Other allocations, equally
within the above principles, could be made.
"The Table of Equivalent Nonjudicial Punishments may be used only
when punishment is initially imposed. It may not be used in mitigating
punishments or at the time of vacation of suspension of punishments.
For example, a punishment of 20 days' correctional custody may not, at
the end of 10 days, be mitigated to restriction for more than 10 days
since only 10 days of the original punishment remains unserved. Also, a
punishment of 20 days' correctional custody which has been suspended may
not at the time of the vacation of the suspension be mitigated to
restriction for more than 20 days.
"e. Effective date and execution of punishments.-- The punishments
of reduction, forfeiture of pay, and detention of pay, if unsuspended,
take effect on the date the commanding officer imposes the punishments.
Other punishments, if unsuspended, will take effect and be carried into
execution as prescribed by regulations of the Secretary concerned.
"132. RIGHT TO DEMAND TRIAL.-- Except in the case of a person
attached to or embarked in a vessel, punishment may not be imposed under
Article 15 upon any member of the armed forces who has, before the
imposition of such punishment, demanded trial by court-martial in lieu
of such punishment. A person is attached to or embarked in a vessel if,
at the time the nonjudicial punishment is imposed, he is assigned or
attached to the vessel, is one board for passage, or is assigned or
attached to an embarked staff, unit, detachment, squadron, team, air
group, or other regularly organized body. If the member is attached to
or embarked in a vessel, he does not have the right to demand trial by
court-martial in lieu of punishment under this article unless this right
shall have been specifically granted by regulations of the Secretary
concerned.
"133. PROCEDURE; RECORDS OF PUNISHMENT.-- A. Procedure for Army and
Air Force.-- The commanding officer, upon ascertaining to his
satisfaction after such inquiry as he considers necessary that an
offense punishable under Article 15 has been committed by a member of
his command, will, if he determines to exercise his Article 15
authority, notify the member of the nature of the alleged misconduct by
a concise statement of the offense in such terms that a specific
violation of the code is clearly stated and inform him that he intends
to impose punishment under Article 15 for such misconduct unless, if
such right exists (132), trial by court-martial is demanded. Also,
unless prohibited by regulations of the Secretary concerned, the
commander may notify the member concerned of his intention to recommend
to a superior commander that such member be punished under Article 15
for his alleged misconduct unless, if such right exists (132), trial by
court-martial is demanded. The notification will also inform the member
that he may submit any matter desired in mitigation, extenuation, or
defense. In every case, the member will be notified that he is not
required to make any statement regarding the offense or offenses of
which he is accused or suspected and that any statement made by him may
be used against him in a trial by court-martial. An election to accept
nonjudicial punishment constitutes a waiver of the right to demand
trial. A demand for trial does not require that charges be preferred,
transmitted, or forwarded, but punishment may not be imposed under
Article 15 while the demand is in effect.
"The member will be given a reasonable time to reply to the
notification of intent to impose or recommend the imposition of Article
15 punishment, state whether he demands trial by court-martial, if such
right exists (132), and submit any matter in extenuation, mitigation, or
defense he desires to be considered. With respect to an offense or
offenses as to which a right to trial by court-martial exists but has
not expressly been demanded, punishment may be imposed immediately by
the commander indicated in the notice as the commander who is to impose
the punishment. Punishment may be imposed only by the personal action
of the commander or officer delegated such authority in accordance with
128a. The member will be notified of the punishment imposed, informed
of his right to appeal to the next superior authority, and directed to
acknowledge receipt of the notification of punishment and to state his
election regarding an appeal.
"The proceedings will be conducted in writing in all cases involving
officers and warrant officers and in all cases in which the punishment
includes reduction in grade, confinement on bread and water or
diminished rations, correctional custody, restriction or extra duties
for more than 14 days, or forfeiture or detention of pay. In other
cases the proceedings may be in writing or may be conducted orally,
following the same sequence. However, in any case the member may be
permitted to appear in person before the officer authorized to impose
the punishment, and that officer may personally interview witnesses.
Any written statements or other documentary evidence pertaining to the
case which have been considered by the officer authorized to impose the
punishment shall be attached to the file in any event. When oral
proceedings are conducted, the commander will cause a summarized record
to be made and filed.
"b. Procedure for Navy, Marine Corps, and Coast Guard.-- Unless in
appropriate cases (132), the accused has demanded trial by court-martial
in lieu of nonjudicial punishment, the commanding officer will
ordinarily inquire at the mast, or office hours, into the facts as to
any minor offenses allegedly committed by a member of his command. If,
where permitted under 132, the accused has demanded trial by
court-martial, the commanding officer may proceed in accordance with 33
without a mast or office hours hearing, except that he may not impose
nonjudicial punishment while the demand is in effect. An accused who
does not demand trial by court-martial in lieu of nonjudicial punishment
may nevertheless be tried by court-martial if the circumstances of the
case so warrant.
Subject to the foregoing, when the mast or office hours procedure is
followed, the accused will be accorded a hearing which shall include the
following elemental requirements:
"(1) Presence of the accused before the officer conducting the mast.
"(2) Advice to the accused of the offenses of which he is suspected.
"(3) Explanation to the accused of his rights under Article 31(b) of
the Uniform Code of Military Justice.
"(4) Presentation of the information against the accused, either by
the testimony of witnesses in person or by the receipt of their written
statements, copies of the latter being furnished to the accused.
"(5) Availability to the accused for his inspection of all items of
information in the nature of physical or documentary evidence which will
be considered.
"(6) Full opportunity to the accused to present any matters in
mitigation extenuation, or defense of the suspected offenses.
At the completion of such a hearing, the commanding officer may
impose punishment under Article 15.
"Under extraordinary circumstances, the commanding officer may
designate an officer to conduct the hearing, described above, and that
officer shall thereafter promptly provide him with a summary transcript
of all information presented at such hearing and having any bearing on
the guilt or innocence of the accused and the quantum of punishment to
be imposed. Upon the receipt of that transcript, punishment under
Article 15 may be imposed without further hearing.
"The record of a court of inquiry or other fact-finding body, in
which proceeding the accused was accorded the rights of a party with
respect to an act or omission for which nonjudicial punishment is
contemplated, may be substituted for the impartial hearing required
above.
"A summary transcript of all information presented at a hearing and
having any bearing on the guilt or innocence of the accused and the
quantum of punishment to be imposed, or a copy of the report of a court
of inquiry or other fact-finding body, together with any additional
information presented by the accused, shall be forwarded with any
reference of a breach of discipline to a superior competent authority
when that reference is made under the policy set forth in 129. If such
superior competent authority imposes punishment under Article 15, the
accused shall be notified personally or in writing as soon as
practicable of the punishment imposed.
"The officer imposing punishment shall cause the accused to be
promptly and fully informed of his right to appeal from the punishment
so imposed. Receipt of all written communications by an accused must be
by written indorsement through proper channels.
"Admonition and reprimands imposed as punishments under Article 15
shall be by written communication through proper channels in the case of
an officer or warrant officer, and may be by written communication in
any case. All such letters of censure addressed to an officer or
warrant officer shall be in the form prescribed by pertinent
regulations.
"c. Records of punishment-- Consistent with the requirements of this
chapter, records of nonjudicial punishment shall be in such form and
contain such matter as may be prescribed by regulations of the Secretary
concerned. These regulations will also provide for the disposition of
records of nonjudicial punishment.
"134. SUSPENSION, MITIGATION, REMISSION, AND SETTING ASIDE.-- Under
Article 15(d), the officer who imposes the punishment or his successor
in command may, at any time, remit or mitigate any part or amount of the
unexecuted portion of the punishment imposed and may set aside in whole
or in part the punishment, whether executed or unexecuted, and restore
all rights, privileges, and property affected. He may also mitigate
reduction in grade, whether executed or unexecuted, to forfeiture or
detention of pay. In addition, he may, at any time, suspend
probationally any part or amount of the unexecuted portion of the
punishment imposed and may suspend probationally a reduction in grade or
a forfeiture, whether or not executed. An uncollected forfeiture of pay
shall be considered as unexecuted. A 'successor in command', within the
meaning of Article 15, shall be as prescribed by regulations of the
Secretary concerned.
"Pursuant to Article 15(a), relating to the promulgation of rules
concerning the suspension of punishments, the following rules are
prescribed:
"(1) An executed punishment of reduction or forfeiture may be
suspended only within a period of four months after the date of its
imposition.
"(2) Suspension of a punishment may not be for a period longer than
six months from the date of the suspension, and the expiration of the
current enlistment or term of service of the person involved
automatically terminates the period of suspension.
"(3) Unless the suspension is sooner vacated, suspended portions of
the punishment are remitted, without further action, upon the
termination of the period of suspension.
"(4) Vacation of suspension may be effected by any commanding officer
or officer in charge competent to impose upon the offender concerned
punishment of the kind involved in the vacation of suspension.
"Although a formal hearing is not necessary to vacate a suspension,
if the punishment suspended is of the kind set forth in Article
15(e)(1)-- (7), the probationer should, unless impracticable, be given
an opportunity to appear before the officer authorized to vacate
suspension of the punishment to rebut any derogatory or adverse
information upon which the proposed vacation is based, and may be given
the opportunity so to appear in any case.
"When mitigating--
"(1) arrest in quarters to restriction:
"(2) confinement on bread and water or diminished rations to
correctional custody;
"(3) correctional custody or confinement on bread and water or
diminished rations to extra duties or restriction, or both; or
"(4) extra duties to restriction; the mitigated punishment may not
be for a greater period than the punishment mitigated. For example, if
a punishment of arrest in quarters for 15 days is to be mitigated to
restriction to specified limits, the duration of the restriction may not
exceed 15 ways. Similarly, when mitigating forfeiture of pay to
detention of pay, the amount of the detention may not be greater than
the amount of the forfeiture. When mitigating reduction in grade to
forfeiture or detention of pay, the amount of the forfeiture or
detention may not be greater than the amount that could have been
imposed initially under Article 15 by the officer who imposed the
punishment mitigated. Thus, if a commander in a grade below major or
lieutenant commander imposes a reduction and it is later mitigated by
him or superior authority, the maximum mitigated punishment would be 7
days' forfeiture of pay or 14 days' detention of pay (131). Restriction
may not be mitigated to a lesser period of other punishments in the
nature of deprivation of liberty, such as correctional custody or extra
duties, for restriction is the least severe form of deprivation of
liberty.
"The power to set aside punishments and restore rights, privileges,
and property affected by the executed portion of a punishment should
ordinarily be exercised only when the authority considering the case
believes that, under all the circumstances of the case, the punishment
has resulted in a clear injustice. Also, the power to set aside an
executed punishment and mitigate a reduction in grade to a forfeiture or
detention of pay should ordinarily be exercised only within a reasonable
time after the punishment has become executed. In this connection, four
months is a reasonable time in the absence of unusual circumstances.
"An application for suspension, mitigation, remission, or setting
aside of the punishment in whole or in part not made within a reasonable
time may be rejected by the authority to whom the application is made.
In the absence of unusual or special circumstances, such an application
made more than 15 days after the punishment was imposed may be
considered as not having been made within a reasonable time.
"135. APPEALS.-- A person punished under the authority of Article 15
who considers his punishment unjust or disproportionate to the offense
may, through the proper channels, appeal to the next superior authority.
The appeal shall be promptly forwarded and decided, but the person
punished may, in the meantime, be required to undergo the punishment
adjudged (Article 15(e)). An appeal not made within a reasonable time
may be rejected by the superior authority. In the absence of unusual
circumstances, an appeal made more than 15 days after the punishment was
imposed may be considered as not having been made within a reasonable
time. Authority 'superior' to a particular commanding officer is the
authority normally superior in the chain of command or such other
authority as may be designated as a superior for the purposes of Article
15 under such regulations as the Secretary concerned may prescribe.
However, when the punishment has been imposed under a delegation of a
commander's power to impose nonjudicial punishment (see 128), the appeal
will not be directed to that commander.
"Appeals will be made in writing and may include the appellant's
reasons for regarding the punishment as unjust or disproportionate.
Before acting on an appeal from any punishment of the kind set forth in
Article 15(e)(1)-(7), the authority who is to act on the appeal shall
refer the case to a judge advocate of the Army or Air Force, a law
specialist of the Navy, or a law specialist or lawyer of the Marine
Corps, Coast Guard, or Treasury Department for consideration and advice,
and may so refer the case upon appeal from any punishment imposed under
Article 15. When a case is referred to a judge advocate, law
specialist, or lawyer for consideration, he is not limited to an
examination of any written matter comprising the record of proceedings
and may make such inquiries as he determines to be desirable. If the
authority to whom an appeal is made has no legal personnel of the
categories mentioned above serving on his staff or otherwise available
to him, he may either (1) refer the case for consideration and advice by
appropriate legal personnel of one of those categories serving on the
staff of another commander, or (2) refer the case for action to a
superior authority who has appropriate legal personnel available to him
for this purpose.
"In acting upon an appeal, the superior authority may exercise the
same powers with respect to the punishment imposed as may be exercised
under Article 15(d) by the officer who imposed the punishment or his
successor in command. Thus, under the conditions set forth in 134, he
may suspend, remit, mitigate, or set aside in whole or in part the
punishment imposed. After having considered an appeal, the superior
authority will transmit to the appellant, through channels, a written
statement of his disposition of the case. Under Article 15(e), any
superior authority may exercise the same powers as may be exercised by
the officer who imposed the punishment or his successor in command under
134 and Article 15(d), whether or not an appeal has been made from the
punishment. If authorized by regulations of the Secretary concerned, a
superior authority who is a commanding officer exercising general
court-martial jurisdiction, or is an officer of general or flag rank in
command, may, under Article 15(a), delegate those powers he has as a
superior authority under Article 15(e) and this chapter to a principal
assistant."
11. Appendix 3 is stricken.
12. Appendix 6c is amended by inserting the following new Form for
Specification after Form No. 129: (FORM OMITTED)
THE WHITE HOUSE,
January 29, 1963.
JOHN F. KENNEDY
/13/ 10 U.S.C.A. 801 et seq.
Executive Order No. 11080, 28 F.R. 903, January 31, 1963
By virtue of the authority vested in me by section 55(a) of the
Internal Revenue Code of 1930, as amended (53 Stat. 29, 54 Stat. 1008;
26 U.S.C. (1952 Ed.) 55(a)), and by section 6103(a) of the Internal
Revenue Code of 1954 (68A Stat. 753; 26 U.S.C. 6103(a), /12/ it is
hereby ordered that any income, excess-profits, estate, or gift tax
return for the years 1950 to 1962, inclusive, shall, during the period
ending on June 30, 1963, be open to inspection by the Senate Committee
on Foreign Relations or any duly authorized subcommittee thereof, in
connection with its study, pursuant to Senate Resolution 362, 87th
Congress, agreed to July 12, 1962, of all nondiplomatic activities of
representatives of foreign governments, and their contractors and
agents, in promoting the interests of those governments, and the extent
to which such representative attempt to influence the policies of the
United States and affect the national interest. Such inspection shall
be in accordance and upon compliance with the rules and regulations
prescribed by the Secretary of the Treasury in Treasury Decisions 6132
and 6133, relating to the inspection of returns by committees of the
Congress, approved by the President on May 3, 1955.
This order shall be effective upon its filing for publication in the
FEDERAL REGISTER.
THE WHITE HOUSE,
January 29, 1963.
JOHN F. KENNEDY
/12/ 26 U.S.C.A. (I.R.C. 1954) 6103(a).
Executive Order No. 11079, 28 F.R. 819, January 29, 1963,
FELLOWSHIPS, SCHOLARSHIPS, OR GRANTS
By virtue of the authority vested in me by Section 2603 of Title 10,
United States Code, /11/ I hereby designate the Secretary of Defense,
with respect to members of the Army, Navy, Air Force, and Marine Corps,
the Secretary of the Treasury, with respect to members of the Coast
Guard when it is not operating as a service in the Navy, and the
Secretary of Health, Education, and Welfare, with respect to
commissioned officers of the Public Health Service, to prescribe
regulations under which members of the Armed Forces and commissioned
officers of the Public Health Service may accept fellowships,
scholarships, or grants from the corporations, funds, foundations, or
educational institutions organized and operated primarily for scientific
literary, or educational purposes. To the extent practicable, such
regulations shall be uniform.
THE WHITE HOUSE,
January 25, 1963.
JOHN F. KENNEDY
/11/ 10 U.S.C.A. 2603.
Executive Order No. 11078, 28 F.R. 679, January 25, 1963
WHEREAS, there exists a labor dispute between the Boeing Company and
certain of its employees represented by the International Association of
Machinists, AFL-CIO, the International Guards Union of America (Ind.),
the International Union of United Weldors (Ind.), the International
Union of Operating Engineers, AFL-CIO, the Vertol Division of the Boeing
Company and certain of its employees represented by the United
Automobile, Aerospace and Agricultural Implement Workers of America,
AFL-CIO, and the Auburn, Washington, plant of the Rohr Aircraft
Corporation, a subcontractor of the Boeing Company, almost all of whose
production is utilized by the Boeing Company, and certain of its
employees represented by the International Association of Machinists,
AFL-CIO; and
WHEREAS, in my opinion such dispute threatens to result in a strike
affecting a substantial part of an industry engaged in trade or commerce
among the several States or with foreign national or in the production
of goods for commerce, which strike, if permitted to occur or to
continue, will imperil the national safety:
NOW THEREFORE, by virtue of the authority vested in me by section 206
of the Labor Management Relations Act, 1947, 61 Stat. 155 (29 U.S.C.
176), /10/ I hereby create a Board of Inquiry, consisting of Honorable
Benjamin Aaron, Chairman, Honorable J. B. Gillingham and the Honorable
Lloyd Ulman as members, to inquire into the issues involved in such
dispute.
The Board shall have powers and duties as set forth in Title II of
such Act. The Board shall report to the President in accordance with
the provisions of section 206 of such Act on or before Friday, January
25 1963.
Upon submission of its report, the Board shall continue in existence
to perform such other functions as may be required under such Act.
THE WHITE HOUSE,
January 23, 1963.
JOHN F. KENNEDY
/10/ 29 U.S.C.A. 176.
Executive Order No. 11077, 28 F.R. 629, January 24, 1963, MIGRATION
AND REFUGEE ASSISTANCE ACT
By virtue of the authority vested in me by the Migration and Refugee
Assistance Act of 1962 (76 Stat. 121-124; hereinafter referred to as
the Act), /1/ and as President of the United States, it is ordered as
follows:
Section 1. Department of State. (a) The Secretary of State is
hereby designated to perform the following:
(1) The functions provided for in Sections 2(a) and 2(b)(1) of the
Act.
(2) The functions provided for in Section 2(b)(2) of the Act,
exclusive of so much thereof as is assigned or reserved by the
provisions of Section 2(1) of this order.
(3) In connection with functions under the Act assigned to the
Secretary of State, the functions provided for in Sections 3(a), 4(b),
and 5(a) of the Act.
(b) The Secretary of State shall from time to time furnish the
President documents appropriate for the discharge by the President of
his responsibilities under Section 2(d) of the Act. To the extent that
they relate to functions performed by the Secretary of Health,
Education, and Welfare under the provisions of this order, such
documents shall be prepared in collaborations with the latter Secretary.
(c) With due regard for other relevant considerations (including the
interests of the Department of Health, Education, and Welfare, and of
any other agencies which may be concerned), the Secretary of State shall
assume the leadership and provide the guidance for assuring that
programs authorized under the Act best serve the foreign policy
objectives of the United States.
Sec. 2. Department of Health, Education, Welfare. (a) The Secretary
of Health, Education, and Welfare is hereby designated to perform the
following:
(1) The functions provided for in Section 2(b)(2) of the Act to the
extent that they are in respect of assistance to Cuban refugee students
in the United States who are in need of loans to attend institutions of
higher education, exclusive, however, of the designations and
determinations provided for in that section, which designations and
determinations are reserved to the President.
(2) The functions provided for in Sections 2(b)(3) to 2(b)(6),
inclusive, of the Act.
(3) In connection with functions under the Act assigned to the
Secretary of Health, Education, and Welfare, the functions provided for
in Sections 3(a), 4(b), and 5(a)(6) of the Act and, except in respect of
Foreign Service personnel, the functions provided for in Section 5(a)(1)
of the Act.
Sec. 3. Redelegation. (a) The Secretary of State and the Secretary
of Health, Education, and Welfare may each redelegate any of his
functions under this order to any of his subordinates.
(b) The Secretary of State and the Secretary of Health, Education,
and Welfare may each assign to the head of any executive department or
to the head of any other agency of the executive branch of the
Government, with the consent of the head of the department or agency
concerned, the performance of any function of the Secretary under this
order whenever he deems that such action would be advantageous to the
Government.
Sec. 4. Waivers. (a) In accordance with Section 3(b) of the Act, it
is hereby determined that it is in furtherance of the purposes of the
Act that the functions authorized under the Act may be performed (by any
department or agency of the Government authorized to perform those
functions) without regard to the following-specified provisions of law:
(1) The Act of March 26, 1934, c. 90, 48 Stat. 500, as amended (15
U.S.C. 616a) (shipment of certain exports in United States vessels).
/2/
(2) Section 3648 of the Revised Statutes, as amended (31 U.S.C. 529)
(advance of funds). /3/
(3) Section 3709 of the Revised Statutes, as amended (41 U.S.C. 5)
(competitive bids). /4/
(4) Section 3710 of the Revised Statutes (41 U.S.C. 8) (opening of
bids). /5/
(5) Section 2 of the Act of March 3, 1933, c. 212, 47 Stat. 1520 (41
U.S.C. 10a) (Buy American Act). /6/
(6) Section 3735 of the Revised Statutes (41 U.S.C. 13) (contracts
limited to one year). /7/
(7) Sections 302-305 of the Federal Property and Administrative
Services Act of 1949 (June 30, 1949, c. 288, 63 Stat. 393 et seq.), as
amended (41 U.S.C. 252-255) (competitive bids; negotiated contracts;
advances). /8/
(8) Section 901(a) of the Merchant Marine Act, 1936 (June 29, 1936,
c. 858, 49 Stat. 2015, as amended; 46 U.S.C. 1241(a)) (official travel
overseas of United States officers and employees, and transportation of
their personal effects, on ships registered under the laws of the United
States). /9/
(b) It is directed (1) that all waivers of statutes and limitations
of authority effected by the foregoing provisions of this section shall
be utilized in a prudent manner and as sparingly as may be practical,
and (2) that suitable steps shall be taken by the administrative
agencies concerned to insure that result, including, as may be
appropriate, the imposition of administrative limitations in lieu of
waived statutory requirements and limitations of authority.
Sec. 5. Definition. As used in this order, the word "function" or
"functions" includes any executive duty, obligation, power, authority,
responsibility, right, privilege, discretion, or activity.
Sec. 6. Saving provisions. Except to the extent that they may be
inconsistent with law or with this order, all determinations,
authorizations, regulations, orders, contracts, agreements and other
actions issued, undertaken, or entered into with respect to any function
affected by this order and not revoked, superseded, or otherwise made
inapplicable before the date of this order, shall continue in full force
and effect until amended, modified, or terminated by appropriate
authority.
Sec. 7. Effective date. The provisions of this order shall be
effective as of July 1, 1962.
THE WHITE HOUSE,
January 22, 1963.
JOHN F. KENNEDY
/1/ 22 U.S.C.A. 2601 et seq.
/2/ 15 U.S.C.A. 616a.
/3/ 31 U.S.C.A. 529.
/4/ 41 U.S.C.A. 5.
/5/ 41 U.S.C.A. 8.
/6/ 41 U.S.C.A. 10a.
/7/ 41 U.S.C.A. 13.
/8/ 41 U.S.C.A. 252 et seq.
/9/ 46 U.S.C.A. 1241(a).
Executive Order No. 11076, 28 F.R. 477, January 18, 1963, NARCOTIC
AND DRUG ABUSE
By virtue of the authority vested in me as President of the United
States it is ordered as follows:
Section 1. Establishment of Commission. (a) There is hereby
established the President's Advisory Commission on Narcotic and Drug
Abuse (hereinafter referred to as the Commission).
(b) The Commission shall be composed of not more than seven members,
each of whom shall be appointed by the President from persons outside
the executive branch of the Federal Government. One of the members of
the Commission shall be designated by the President as the Chairman
thereof. The President shall also designate an Executive Director of
the Commission who shall recieve such compensation as the President may
specify.
Sec. 2. Functions of the Commission. The Commission shall: (a)
Develop and transmit to the President a report including recommendations
for such additional legislation or amendments in existing legislation as
the Commission deems necessary to prevent abuse of narcotic and
non-narcotic drugs and to provide appropriate rehabilitation for
habitual drug misusers. An interim report shall be transmitted to the
President not later than April 1, 1963, including such recommendations
for legislation as the Commission is prepared to make at that time. To
carry out this responsibility the Commission is authorized to make such
studies as it deems appropriate a to receive legislative proposals from
any Federal agency with respect to matters within the jurisdiction of
the agency.
(b) Review and evaluate the programs and operations of such Federal
agency which presently has law-enforcement functions or other statutory
responsibilities directed toward the prevention of narcotic and drug
abuse or the rehabilitation of habitual drug misusers, and make
recommendations to the President for improving the effectiveness of such
programs and operations, including cooperation with and assistance to
state and local governments by Federal agencies.
Sec. 3. Executive Departments. The Secretary of State, the
Secretary of the Treasury, the Secretary of Defense, the Attorney
General, and the Secretary of Health, Education, and Welfare each shall
designate a representative of his department as liaison with the
Commission and shall facilitate its work (a) by furnishing available
information needed by the Commission, (b) by providing assistance to the
Commission in developing its legislative recommendations, including
transmitting to it not later than February 28, 1963, such legislative
recommendations as he deems necessary to assure effective Federal
action, and (c) by providing such other assistance to the Commission as
may be appropriate.
Sec. 4. Compensation and Personnel. Each member of the Commission
shall receive compensation at the rate of $100 for each day such member
is engaged upon work of the Commission, but the total compensation of
each member shall not exceed $20,000 per annum. With the concurrence of
the Chairman of the Commission, the Executive Director is authorized to
appoint such personnel as may be necessary to assist the Commission in
connection with the performance of its functions but no individual so
appointed shall receive compensation at a rate in excess of the maximum
rate provided for GS-15 positions under the Classification Act of 1949,
as amended. The Commission is authorized to obtain services in
accordance with the provisions of section 15 of the Act of August 2,
1946 (5 U.S.C. 55a), but at rates for individuals not to exceed $100 per
diem.
Sec. 5. Finances. The compensation of the members and employees of
the Commission and any other necessary expenses arising in connection
with the work of the Commission shall be paid from the appropriation
appearing under the heading "Special Projects" in Title III of the
Treasury-Post Office Departments and Executive Office Appropriation Act,
1963, 76 Stat. 310, and such appropriation as may be provided for the
same purposes for the fiscal year 1964. Payments and appointments under
this order shall be made without regard to the civil service and
classification laws and the provisions of section 3681 of the Revised
Statutes (31 U.S.C. 672), and section 9 of the Act of March 4, 1909, 35
Stat. 1027 (31 U.S.C. 673).
Sec. 6. Termination of the Commission. The Commission shall submit
its final report to the President by November 1, 1963, and shall
terminate not later than December 31, 1963.
THE WHITE HOUSE,
January 15, 1963.
JOHN F. KENNEDY
Executive Order No. 11075, 28 F.R. 473, January 18, 1963, TRADE
EXPANSION ACT OF 1962
By virtue of the authority vested in me by the Trade Expansion Act of
1962 (Public Law 87-794, approved October 11, 1962; 76 Stat. 872), /22/
and by Section 301 of title 3 of the United States Code, /23/ and as
President of the United States, it is ordered as follows:
Section 1. Definition. As used in this order the term "the Act"
means the Trade Expansion Act of 1962 (Public Law 87-794, approved
October 11, 1962), exclusive, however, of chapters 2, 3, and 5 of title
III thereof.
Sec. 2. Special Representative. (a) The Special Representative for
Trade Negotiations provided for in Section 241 of the Act (hereinafter
referred to as the Special Representative) shall be located in the
Executive Office of the President and shall be directly responsible to
the President.
(b) There shall be a Deputy Special Representative for Trade
Negotiations with the rank of Ambassador, whose principal functions
shall be to conduct negotiations under title II of the Act, and who
shall perform such additional duties as the Special Representative may
direct.
Sec. 3. Functions of Special Representatives. (a) The Special
Representative shall have the functions conferred upon him by the Act,
the functions delegated or otherwise assigned to him by the provisions
of this order and such other functions as the President may from time to
time direct.
(b) The Special Representative generally shall assist the President
in the administration of, and facilitate the carrying out of, the Act.
Except as may be unnecessary by reason, of delegations of authority
contained in this order or for other reasons, the Special Representative
shall furnish timely and appropriate recommendations, information, and
advice to the President in connection with the administration and
execution of the Act by the President.
(c) As he may deem to be necessary for the proper administration and
execution of the Act and of this order, the Special Representative (1)
shall draw upon the resources of Federal agencies, and of bodies
established by or under the provisions of this order, in connection with
the performance of his functions, and (2) except as may be otherwise
provided by this order or by law, may assign to the head of any such
agency or body the performance of duties incidental to the
administration of the Act.
(d) In connection with the performance of his functions the Special
Representative shall, as appropriate and practicable, consult with
Federal agencies.
(e) The Special Representative shall from time to time furnish the
President lists of articles proposed for publication and transmitted to
the Tariff Commission by the President under the provisions of Section
221(a) of the Act.
(f) The functions conferred upon the President by Section 222 of the
Act are hereby delegated to the Special Representative.
(g) The functions conferred upon the President by the first sentence
of Section 2223 of the Act are hereby delegated to the Special
Representative. The Special Representative is hereby designated to
perform the functions prescribed by the second sentence of that section.
(h) The Special Representative shall make arrangements under which
the committee established by Section 4 of this order shall provide for
public hearings in pursuance of the second sentence of Section 252(d) of
the Act. The functions conferred upon the President by the first
sentence of that section are hereby delegated to the Special
Representative.
(i) Any proclamation proposed for issuance under Section 201(a) or
Section 351(a) of the Act (submitted pursuant to the provisions of
subsection (b) of this section shall be subject to the provisions of
Executive Order No. 11030 of June 19, 1962.
(j) Advice furnished by the Secretaries of Commerce and Labor under
Section 351(c) of the Act shall be transmitted by the respective
Secretaries to the President through the Special Representative.
(k) Subject to available financing, the Special Representative may
employ such personnel as may be necessary to assist him in the
performance of his functions.
Sec. 4. Trade Expansion Act Advisory Committee. (a) There is hereby
established the Trade Expansion Act Advisory Committee (hereinafter
referred to as the Committee). The Committee shall be composed of the
Special Representative, who shall be its chairman, and the following
other members: the Secretary of the Treasury, the Secretary of Defense,
the Secretary of the Interior, the Secretary of Agriculture, the
Secretary of Commerce, and the Secretary of Labor.
(b) Each Secretary referred to in Section 4(a) of this order may
designate an official from his department, who is in status not below
that of an Assistant Secretary of an executive or military department,
to serve as a member of the Committee in lieu of the designating
Secretary when the latter is unable to attend any meeting of the
Committee. In corresponding circumstances, the Special Representative
may designate the Deputy Special Representative for Trade Negotiations,
for a corresponding purpose. Except for his accountability to his
designating authority, any person while so serving shall have in all
respects the same status, as a member of the Committee, as do other
members of the Committee.
(c) The Special Representative may from time to time designate any
member of the Committee (including any person serving as a member of the
Committee under the provisions of Section 4(b) hereof) to act as
chairman of the Committee when the Special Representative is unable to
attend any meeting of the Committee.
(d) The Committee shall have the functions conferred by the Act upon
the interagency organization referred to in Section 242 of the Act and
shall also perform such other functions as the President may from time
to time direct.
(e) The recommendations made by the Committee under Section 242(b)(1)
of the Act, as approved or modified by the President, shall guide the
administration of the trade agreements program.
(f) The functions conferred upon the President by the second sentence
of Section 242(c) of the Act, to the extent that they are in respect of
procedures, are hereby delegated to the Committee.
Sec. 5. Tariff Commission. (a) The United States Tariff Commission
is requested to determine the ad valorem equivalent, and, for this
purpose, the authority conferred upon the President by the provisions of
Section 256(7) of the Act is hereby delegated to the Commission.
(b) Reports required to be made, and transcripts of hearings and
briefs required to be furnished, by the Tariff Commission under the
provisions of Section 301(f)(1) of the Act (1) shall, in respect of
investigations made by it under Section 301(c)(1) of the Act, be
transmitted by the Commission to the President through the Secretary of
Commerce, and (2) shall, in respect of investigations made by it under
Section 301(c)(2) of the Act, be transmitted to the President through
the Secretary of Labor.
(c) All other reports, findings, advice, hearing transcripts, briefs,
and information which, under the terms of the Act, the Tariff Commission
is required to furnish, report, or otherwise deliver to the President
shall be transmitted to him through the Special Representative.
(d) Advice of the Tariff Commission under Section 221(b) of the Act
shall not be released or disclosed in any manner to any extent not
specifically authorized by the President or by the Special
Representative.
Sec. 6. Secretary of the Treasury. There is hereby delegated to the
Secretary of the Treasury by the authority to issue regulations,
conferred upon the President by the provisions ofSection 352(b) of the
Act.
Sec. 7. Secretary of Commerce. The authority to certify, conferred
upon the President by the provisions of Section 302(c) of the Act, to
the extent that such authority is in respect of firms, is hereby
delegated to the Secretary of Commerce.
Sec. 8. Secretary of Labor. There are hereby delegated to the
Secretary of Labor the authority to certify, conferred upon the
President by the provisions of Section 302(c) of the Act, to the extent
that such authority is in respect of groups of workers, and the
authority conferred upon the President by the provisions of Section
302(e) of the Act.
Sec. 9. Committees and task forces. To perform assigned duties in
connection with functions under the Act and as may be permitted by law,
the Special Representative may from time to time cause to be constituted
appropriate committees or task forces made up in whole or in part of
representatives or employees of interested agencies, of representatives
of the committee established by the provisions of Section 4 of this
order, or of other persons. Assignments of personnel from agencies, in
connection with the foregoing, and assignments of duties to them, shall
be made with the consent of the respective heads of agencies concerned.
Sec. 10. Threat of impairment of national security. Executive Order
No. 11051 of September 27, 1962, /24/ is hereby amended by striking from
Section 404(a) thereof the text "Section 2 of the Act of July 1, 1954
(68 Stat. 360; 19 U.S.C. 1352a)" and inserting in lieu of the stricken
text the following: "Section 232 of the Trade Expansion Act of 1962".
Sec. 11. References. Except as may for any reason to inappropriate,
references in this order to any other Executive Order or to the Act or
to the Trade Expansion Act of 1962 or to any other statute, and
references in this order or in any other Executive order to this order,
shall be deemed to include references thereto, respectively, as amended
from time to time.
Sec. 12. Prior bodies and orders. (a) The pending business, and the
records and property, of the Trade Policy Committee, Trade Agreements
Committee, and Committee for Reciprocity Information (now existing under
orders referred to in Section 12(b) below) shall be completed or
transferred as the Special Representative, consonant with law and with
the provisions of this order, shall direct; and the said committees are
abolished effective as of the thirteenth day following the date of this
order.
(b) Subject to the foregoing provisions of this section, the
following are hereby superseded and revoked:
(1) Executive Order No. 10082 of October 5, 1949. /25/
(2) Executive Order No. 10170 of October 12, 1950. /26/
(3) Executive Order No. 10401 of October 14, 1952. /27/
(4) Executive Order No. 10741 of November 25, 1957. /28/
THE WHITE HOUSE,
January 15, 1963.
JOHN F. KENNEDY
/22/ 19 U.S.C.A. 1801 et seq.
/23/ 3 U.S.C.A. 301.
/24/ 19 U.S.C.A. 1352a note.
/25/ 19 U.S.C.A. 1351 note.
/26/ 19 U.S.C.A. 1351 note.
/27/ 19 U.S.C.A. 1364 note.
/28/ 19 U.S.C.A. 1351 note.
Executive Order No. 11074, 28 F.R. 259, January 10, 1963, PHYSICAL
FITNESS
WHEREAS recent studies, both private and public, have revealed
disturbing deficiencies in the physical fitness of American youth; and
WHEREAS, since the youth of our Nation is one of our greatest assets,
it is imperative that the physical fitness of our youth be improved and
promoted to the greatest possible extent; and
WHEREAS there also are evidences of deficiencies in the physical
fitness of American adults; and
WHEREAS there is a close relationship between physical fitness and
intellectual vigor and moral strength; and
WHEREAS the physical fitness of its citizens is a concern of the
government at all levels, as well as a responsibility of the family, the
school, the community, and other groups and organizations; and
WHEREAS it is necessary that the activities of the Federal Government
in this area be coordinated and administered so as to assure their
maximum effectiveness and to provide guidance and stimulation;
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is hereby ordered as follows:
Section 1. President's Council on Physical Fitness. There is hereby
established the President's Council on Physical Fitness (hereinafter
referred to as the Council), which shall be composed of the Secretary of
Health, Education, and Welfare, who shall be the Chairman of the
Council, the Secretary of Defense, the Attorney General, the Secretary
of the Interior, the Secretary of Agriculture, the Secretary of
Commerce, the Secretary of Labor, and the Housing and Home Finance
Administrator.
Sec. 2. Functions of the Council. (a) The Council shall foster
improvements in existing programs and promote additional efforts to
enhance the physical fitness of Americans. The Council shall seek to
coordinate, stimulate, and improve the functions of Federal agencies
with respect to physical fitness.
(b) The Council shall enlist the active support and assistance of
individual citizens, civic groups, professional associations, private
enterprise, voluntary organizations, and other groups in a vigorous
effort to promote and improve the physical fitness of all Americans.
Sec. 3. Federal Agencies. (a) Nothing in this order shall be
construed to abrogate, modify, or restrict any function vested by law
in, or assigned pursuant to law to, any executive department or other
agency of the Government of any officer thereof.
(b) Each executive department the head of which is referred to in
section 1 of this order shall, as may be necessary for the purpose of
effectuating the provisions of this order, furnish assistance to the
Council in accordance with section 214 of the act of May 3, 1945, 59
Stat. 134 (31 U.S.C. 691). /17/
Sec. 4. Continuity. The Council established by this order shall be
deemed to be a continuation of the President's Council on Youth Fitness.
Sec. 5. Seal. Executive Order 10830 of July 24, 1959, prescribing a
seal for the President's Council on Youth Fitness, /18/ is hereby
amended by substituting the word "Physical" wherever the word "Youth"
appears in said order.
Sec. 6. Revocations. Executive Order 10673 of July 16, 1966, /19/
Executive Order 10772 of June 30, 1958, /20/ and Executive Order 10931
of March 29, 1961, /21/ are hereby revoked.
THE WHITE HOUSE,
January 8, 1963.
JOHN F. KENNEDY
/17/ 31 U.S.C.A. 691.
/18/ 1959 U.S.Code Cong. & Adm.News, p. 1092.
/19/ 1956 U.S.Code Cong. & Adm.News, p. 4950.
/20/ 5 U.S.C.A. 133z note.
/21/ 1961 U.S.Code Cong. & Adm.News, p. 1285.
Executive Order No. 11073, 28 F.R. 203, January 9, 1963, FEDERAL
SALARY ADMINISTRATION
By virtue of the authority vested in me by sections 503, 504, and 505
of the Federal Salary Reform Act of 1962 (Public Law 87-793; 76 Stat.
841-843), /10/ and as President of the United States, it is hereby
ordered as follows:
Section 101. Heads of departments and agencies in the executive
branch of the Government are directed:
(a) To make full use of the authorities provided by the Federal
Salary Reform Act of 1962 and the statutory salary systems to which that
Act refers in such a manner as to secure and maintain the high quality
of Federal personnel necessary for an effective and efficient Government
service;
(b) To use such authorities in such a manner as to (1) motivate
employees to perform continuously at their full capacity, and (2)
provide fair treatment in pay matters of all employees subject to such
statutory salary systems; and
(c) To take all appropriate measures to ensure that the Government
receives full value for its expenditures for salaries and that every
employee is paid no more than is warranted by the nature of his
assignments and the degree of competence with which he performs them.
Section 201. The Director of the Bureau of the Budget and the
Chairman of the Civil Service Commission shall submit to the President,
not later than December 31 of each year, a report comparing the rates of
salary fixed for Federal employees compensated under the statutes listed
in this section with the rates of salary paid for the same levels of
work in private enterprise as determined on the basis of the National
Survey of Professional, Administrative, Technical, and Clerical Pay
conducted by the Bureau of Labor Statistics:
(a) The Classification Act of 1949, as amended (5 U.S.C. 1071 et
seq.). /11/
(b) Part III of title 39, United States Code, relating to personnel
in the postal field service. /12/
(c) The Foreign Service Act of 1946, as amended (22 U.S.C. 801 et
seq.). /13/
(d) Chapter 73 of title 38, United States Code, relating to personnel
of the Department of Medicine and Surgery in the Veterans'
Administration. /14/
Such report shall contain such recommendations with respect to
statutory salary schedules, salary structures, compensation policy, and
other related matters, as The director and the Chairman deem advisable.
In preparing such report the Director and the Chairman shall obtain and
consider such recommendations as may be made to them by the heads of the
agencies employing personnel under any of the statues listed in (b),
(c), or (d), and such recommendations shall be transmitted to the
President with such report.
Sec. 202. The Director of the Bureau of the Budget and the Chairman
of the Civil Service Commission shall (1) provide authorized
representatives of such Federal employee organizations as they deem
appropriate with (i) the findings of the Bureau of Labor Statistics
survey referred to in section 201, and (ii) the methods and results of
their comparison of Federal salary schedules with the findings of the
Bureau of Labor Statistics; (2) establish suitable means for receiving
and considering the views of such employee organizations thereon; and
(3) transmit the views of such employee organizations to the President
with the report required by section 201.
Sec. 203. The heads of the agencies employing personnel under any of
the statutes listed in section 201 shall provide such information and
technical staff assistance with respect to the statutory salary systems
applicable to their agencies as may be requested by the Director of the
Bureau of the Budget and the Chairman of the Civil Service Commission in
carrying out the provisions of sections 201 and 202.
Section 301. Subject to the provisions of sections 302 and 303 the
Civil Service Commission is hereby designated and authorized to exercise
the authority conferred upon the President by the provisions of sections
504(a) and 504(b) of the Federal Salary Reform Act of 1962 to establish
and revise higher minimum rates of basic compensation (1) for positions
compensated under section 603(b) of the Classification Act of 1949, as
amended (5 U.S.C. 1113(b)), and (2) after consultation with the head of
the department or agency concerned, for positions compensated (1) under
the provisions of part III of title 39, United States Code, relating to
personnel in the postal field service, (ii) the pay scales for
physicians, dentists, and nurses in the Department of Medicine and
Surgery of the Veterans' Administration under chapter 73 of title 38,
United States Code, or (iii) sections 412 and 415 of the Foreign Service
Act of 1946, as amended (22 U.S.C. 867 and 870).
Sec. 302(a). The Civil Service Commission shall not establish higher
rates of compensation under section 504 of the Federal Salary Reform Act
of 1962 unless the Commission first determines that the salary rates in
private enterprise for one or more occupations in one or more areas or
locations are so substantially above the salary rates of statutory pay
schedules as to handicap significantly the Government's recruitment or
retention of well qualified personnel. Before so determining, the
Commission shall satisfy itself that adequate attention has been given
to other relevant factors, such as the conduct of an adequate recruiting
program and the improvement of working conditions: Provided, that
whenever statistically valid salary data (such as Bureau of Labor
Statistics surveys) indicate that salary rates in private enterprise for
one or more work levels for an occupation or group of occupations exceed
statutory salary rates for the corresponding work levels by at least ten
percent in an area or location where the Commission determines that the
Government's recruitment or retention of qualified personnel is
significantly handicapped, it may conclude without further investigation
that such handicap is due to the difference in salary rates rather than
to other factors.
(b) The Civil Service Commission shall not establish higher rates for
all positions in a statutory grade or level in a given area unless the
Commission determines that (1) the average of the salary rates in
private enterprise for equivalent work levels in such area is at least
ten percent above the fourth step rate of such statutory grade or level
and (2) adequate recruitment and retention cannot be achieved by
establishment of higher rates for certain occupations or groups of
occupations.
Sec. 303. The Civil Service Commission shall review annually any
higher rates of basic compensation established under section 504 of the
Federal Salary Reform Act of 1962 and, after consultation with the
department or agency concerned in the case of salary systems other than
the Classification Act, shall continue, abolish, or revise such special
rates in consideration of the current facts and the criteria set forth
in section 302. No employee shall have his salary reduced because of a
change, pursuant to the provisions of this section, in a minimum or
other rate of a grade or level.
Section 401. The Civil Service Commission shall revoke the position
classification authority of any department or agency under the
Classification Act of 1949, as amended, whenever the Commission finds,
in connection with its regular inspections, or otherwise, that any such
department or agency has failed to classify its positions in accordance
with applicable standards.
Sec. 402. The Civil Service Commission shall issue such regulations
and standards as may be necessary to ensure that only those employees
whose work is of an acceptable level of competence receive
step-increases under the provisions of section 701(a) of the
Classification Act.
Sec. 403(a). Each department and agency in the executive branch of
the Government employing personnel under the Classification Act shall
establish a plan for granting additional step-increases in recognition
of high quality performance under section 702 of that Act. Such plans
shall (1) be as simple as practicable, (2) provide for delegation of
authority to an appropriate management level, (3) seek to ensure
fairness to all employees, and (4) provide for informing employees, at
least annually, of the number of such increases granted in their
agencies.
(b) The Civil Service Commission shall (1) establish such regulations
and standards as it deems appropriate for such agency plans, (2) aid and
advise agencies in the formulation and administration of such plans, and
(3) inspect such plans and their operation to ensure that such
step-increases are granted in a manner that is fair to employees and
provides motivation for high quality performance.
Sec. 404. The Civil Service Commission, in prescribing regulations
for higher rates of pay pursuant to section 803 of the Classification
Act for employees having responsibility for supervision of prevailing
rate employees shall give effect to the following:
(a) An irregular prevailing rate (such as the saved rate of a
prevailing rate employee not related to his current position) shall not
serve to advance the salary rate of a Classification Act supervisor.
(b) The relative rate-ranges of a Classification Act supervisor and a
prevailing rate employee supervised by him shall be considered as well
as the specific rate either is receiving at a given time.
(c) Due consideration shall be given to equities among supervisors as
well as those between a supervisor and a prevailing rate employee
supervised by him.
Section 501. Each department and agency in the executive branch
employing personnel under any of the statutory pay systems listed in
section 201 shall submit annually to the Chairman of the Civil Service
Commission in such form, at such time, and with such supporting
information as the Chairman may prescribe, a report on the operation of
that system, together with any recommendations the head of the
department or agency may deem advisable. The Director of the Bureau of
the Budget and the Chairman of the Civil Service Commission shall
prepare and submit to the President, not later than December 31 of each
year after 1962, a consolidated report, with recommendations, on the
operation of each such system.
Section 601(a). Executive Order No. 11056 of October 11, 1962, /15/
is hereby superseded.
(b) Executive Order No. 10072 of July 29, 1949, as amended, /16/ is
hereby revoked.
THE WHITE HOUSE,
January 2, 1963.
JOHN F. KENNEDY
/10/ 5 U.S.C.A. 1172 to 1174.
/11/ 5 U.S.C.A. 1071 et seq.
/12/ 39 U.S.C.A. 3101 et seq.
/13/ 22 U.S.C.A. 801 et seq.
/14/ 38 U.S.C.A. 4101 et seq.
/15/ 5 U.S.C.A. 1173 Note.
/16/ 5 U.S.C.A. 133z note.
Executive Order No. 11072, 27 F.R. 3, January 1, 1963, BOUNDARIES OF
CERTAIN NATIONAL FORESTS
WHEREAS it would be in the public interest to extend the exterior
boundaries of the Superior National Forest in Minnesota and the Clark
National Forest in Missouri to include certain lands acquired or which
may be hereafter acquired for national forest purposes; together with
adjoining public lands:
NOW, THEREFORE, by virtue of the authority vested in me by section 24
of the Act of March 3, 1891 (26 Stat. 1103, as amended; 16 U.S.C. 471),
/7/ the Act of June 4, 1897 (30 Stat. 34, 36; 16 U.S.C. 473), /8/ and
section 11 of the Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 521),
/9/ and as President of the United States, and upon the recommendation
of the Secretary of Agriculture, it is ordered as follows:
The exterior boundaries of the Superior National Forest, Minnesota,
and the Clark National Forest, Missouri, are hereby extended to include
the following described lands and, subject to valid claims now existing
and hereafter maintained, all lands of the United States within said
boundaries which are not now parts of such National Forests hereby are
reserved as parts of the Superior and Clark National Forests
respectively:
Tps. 64, 65, 66 N., R. 17 W.,
All that part north and east of the Vermillion River.
T. 67 N., R. 17 W.,
Sec. 1, lots 2, 3, 4, 7, and 8, SW1/4NW1/4, W1/2SW1/4;
Secs. 2 to 11, inclusive;
Sec. 12, lots 2 to 5, inclusive, and lot 9;
Sec. 13, lots 1 to 4, inclusive;
Secs. 14 to 23, inclusive;
Sec. 24, lot 1 and lots 4 to 7, inclusive;
Secs. 25 to 36, inclusive.
T. 68 N., R. 17 W.,
Secs. 1 to 35, inclusive;
Sec. 36, lots 1 to 7, inclusive, and lot 10.
T. 69 N., R. 17 W.,
Entire Township.
T. 66 N., R. 18 W.,
All that part north and east of the Vermillion River.
Tps. 67, 68 N., R. 18 W.,
Entire townships
T. 69 N., R. 18 W.,
Sec. 19, and secs. 25 to 36, inclusive.
T. 64 N., R. 3 E.,
Secs. 1 to 6, inclusive;
Sec. 7, NE1/4NE1/4, and lots 1 to 4, inclusive;
Sec. 8, N1/2, N1/2SW1/4, SE1/4SW1/4, SE1/4;
Sec. 9 to 16, inclusive.
T. 65 N., R. 3 E.,
Entire township.
Tps. 35, 36, N., R. 8 W.,
Secs. 4 to 9, inclusive secs. 16 to 21, inclusive, and secs. 28 to
33, inclusive.
T. 37 N., R. 8 W.,
Secs. 19 to 21 inclusive, and secs. 28 to 33 inclusive.
T. 35 N., R 9 W.,
Entire township.
T. 36 N., R. 10 W.,
Secs. 4, 5 and those parts of secs. 6 and 7 lying east of the Big
Piney River;
Secs. 8, 9, 16, and those parts of secs. 17, 18, and 19 lying east of
the Big Piney River;
Secs. 20, 21, 28, 29, and that part of sec. 30 lying east of the Big
Piney River;
Sec. 31, that part of the N1/2 lying east of the Big Piney River,
S1/2;
Secs. 32, 33.
T. 37 N., R. 10 W.,
Those parts of secs. 21, 28, 32, and 33 lying east of the Gasconade
River.
T. 36 N., R. 11 W.,
Sec. 24, that part lying east of the Big Piney River;
Sec. 36, S1/2.
T. 36 N., R. 12 W.,
That part of the S1/2S1/2SE1/4 of sec. 36 described as follows:
Beginning at a point which is N. 79 degree W. from the southeast corner
of said section 36, T. 36 N., R. 12 W., a distance of 1.90 chains;
thence N. 79 degree W., on conditional line 38.82 chains to the half
section line of section 36; thence south with said half section line to
south quarter corner of said section 36; thence easterly along the
south line of said section 36 to the point of intersection with the line
which runs S. 15 degree 30 foot W. from the point of beginning; thence
N. which runs S. 15 degree 30 foot W. from the point of beginning;
thence N. 15 degree 30 foot E. to the point of beginning containing 14
acres more or less.
THE WHITE HOUSE,
December 28, 1962.
JOHN F. KENNEDY
/7/ 16 U.S.C.A. 471.
/8/ 16 U.S.C.A. 473.
/9/ 16 U.S.C.A. 521.
Executive Order No. 11071, 27 F.R. 12875, December 29, 1962
By virtue of the authority vested in me by section 955(c)(3) of the
Internal Revenue Code of 1954, ad added by section 12(a) of the Revenue
Act of 1962, approved October 16, 1962 (Public Law 87-834, 76 Stat.
1015), /5/ by section 301 of title 3 of the United States Code, /6/ and
as President of the United States, it is hereby ordered as follows:
Section 1. Economically less developed countries. For purposes of
subpart A (sec. 901 and following) and subpart F (sec. 951 and
following) of part III of subchapter N, and section 1248 of part IV of
subchapter P, of chapter 1 of the Internal Revenue Code of 1954, the
following areas are designated as economically less developed countries:
(a) all foreign countries (including Trust Territories) in existence
on or after December 31, 1962, other than Australia, Austria, Belgium,
Canada, Denmark, France, Federal Republic of Germany, Italy, Japan,
Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway,
Union of South Africa, San Marino, Spain, Sweden, Switzerland, United
Kingdom, and any foreign country within the Sino-Soviet bloc, as defined
in section 2;
(b) each territory, department, province, and possession (other than
Hong Kong) of any foreign country in existence on or after December 31,
1962, other than of a foreign country within the Sino-soviet bloc, as
defined in section 2, if the territory, department, province, or
possession is overseas from the foreign country of which it is a
territory, department, province, or possession; and
(c) the Commonwealth of Puerto Rico and all possessions of the United
States.
Sec. 2. Definition of the term "foreign country within the
Sino-Soviet bloc". For purposes of this Order, the term "foreign
country within the Sino-Soviet bloc" shall mean Albania, Bulgaria, any
part of China, which is dominated or controlled by International
Communism, Cuba, Czechoslovakia, Estonia, Hungary, any part of Korea
which is dominated or controlled by International Communism, Latvia,
Lithuania, Outer Mongolia, Poland (including any area under its
provisional administration), Rumania, Soviet Zone of Germany and the
Soviet Sector of Berlin, Tibet, Union of Soviet Socialist Republics and
the Kurile Islands, Southern Sakhalin, and areas in East Prussia which
are under the provisional administration of the Union of Soviet
Socialist Republics, and any part of Viet-Nam which is dominated or
controlled by International Communism.
Sec. 3. Rules and regulations. The Secretary of the Treasury or his
delegate is authorized to prescribe from time to time regulations,
rulings, directions, and instructions to carry out the purposes of this
Order.
Sec. 4. Effective date. This Order shall become effective December
31, 1962.
THE WHITE HOUSE,
December 27, 1962.
JOHN F. KENNEDY
/5/ 26 U.S.C.A. (I.R.C. 1954) 955(c)(3); 1962 U.S.Code Cong. &
Adm.News, p. 1196.
/6/ 3 U.S.C.A. 301.
Executive Order No. 11070, 27 F.R. 12393, December 14, 1962
WHEREAS Executive Order No. 9708 of March 26, 1946, /2/ as amended by
Executive Order No. 10532 of May 28, 1954, /3/ specifies certain
communicable diseases for the purpose of regulations providing for the
apprehension, detention, or conditional release of individuals to
prevent the introduction, transmission, or spread of communicable
diseases; and
WHEREAS the National Advisory Health Council and the Surgeon General
of the Public Health Service have recommended that the communicable
disease Chickenpox be likewise specified by including the designation
thereof in the list of communicable diseases contained in the said
Executive orders, and that the communicable diseases Hemolytic
Streptococcal Infections be likewise specified by including the
designation thereof in said list in place of Scarlet Fever and
Streptococcic Sore Throat; and
WHEREAS it appears that such specifications would be in the public
interest:
NOW, THEREFORE, by virtue of the authority vested in me by section
361(b) of the Public Health Service Act, approved July 1, 1944 (58 Stat.
703; 42 U.S.C. 264), /4/ and as President of the United States, the
list of communicable diseases contained in Executive Order No. 9708, as
amended by Executive Order No. 10532, is hereby further amended by
including therein a specification of the communicable disease Chickenpox
and a specification of the communicable diseases Hemolytic Streptococcal
Infections in place of Scarlet Fever and Streptococcic Sore Throat, so
that such list shall read as follows:
"Anthrax, Chancroid, Chickenpox, Cholera, Dengue, Diphtheria, Favus,
Gonorrhea, Granuloma Inguinale, Hemolytic Streptococcal Infections,
Infectious Encephalitis, Leprosy, Lymphogranuloma Venereum,
Meningoloccus Meningitis, Plague, Poliomyelitis, Psittacosis, Relapsing
Fever (louse borne), Ringworm, of the Scalp, Smallpox, Syphilis,
Trachoma, Tuberculosis, Typhoid Fever, Typhus, Yellow Fever."
THE WHITE HOUSE,
December 12, 1962.
JOHN F. KENNEDY
/2/ 1946 U.S.Code Cong.Serv., p. 1785.
/3/ 1954 U.S.Code Cong. & Admin.News, p. 1841.
/4/ 42 U.S.C.A. 264.
Executive Order No. 11069, 27 F.R. 11847, December 1, 1962, SECRETARY
OF COMMERCE-- ADVISORY COUNCIL
By virtue of the authority vested in me as President of the United
States, Section 1(a) of Executive Order No. 11017 of April 27, 1962, /1/
which established the Recreation Advisory Council, is hereby amended by
inserting "the Secretary of Commerce," immediately after "the Secretary
of Defense,".
THE WHITE HOUSE,
November 28, 1962.
JOHN F. KENNEDY
/1/ 16 U.S.C.A. 17k note.
Executive Order No. 11068, 27 F.R. 11793, November 30, 1962,
BALLISTICS MISSILE, SPACE VEHICLE, ETC.
WHEREAS, there exists a labor dispute between Lockheed Aircraft
Corporation and certain of its employees represented by the
International Association of Machinists; and
WHEREAS, such dispute has resulted in a strike which, in my opinion,
affects a substantial part of the ballistics missile, space vehicle and
military aircraft industry, an industry engaged in trade, commerce, and
transportation among the several States, and which strike will, if
permitted to continue, imperil the national health and safety:
NOW, THEREFORE, by virtue of the authority vested in me by section
206 of the Labor-Management Relations Act, 1947, 61 Stat. 155 (29 U.S.C.
176), /12/ I hereby create a Board of Inquiry, consisting of Professor
Arthur M. Ross, Chairman, Honorable Frederick H. Bullen and the
Honorable Paul D. Hanlon as members, to inquire into the issues involved
in such dispute.
The Board shall have powers and duties as set forth in Title II of
such Act. The Board shall report to the President in accordance with
the provisions of section 206 of such Act on or before Monday, December
3, 1962.
Upon submission of its report, the Board shall continue in existence
to perform such other functions as may be required under such Act.
THE WHITE HOUSE,
November 28, 1962.
JOHN F. KENNEDY
/12/ 29 U.S.C.A. 176.
Executive Order No. 11067, 27 F.R. 11749, November 29, 1962,
NANTAHALA AND CHEROKEE FORESTS
WHEREAS, on June 28, 1962, the Tennessee Valley Authority and the
United States Department of Agriculture entered into an agreement
(Contract TV-21679A) providing for the transfer by the Authority to the
Department of certain rights with respect to certain lands situated in
the Second and Third Civil Districts of Polk County, State of Tennessee,
and for the transfer by the Authority to the Department of the right of
possession and all other right, title, and interest which the Authority
might have in or to certain lands situated in the Second Civil District
of Polk County, Tennessee, and in Cherokee County, North Carolina, so
that such land rights and such lands as hereinafter specified may be
included in and reserved as parts of the Nantahala National Forest and
the Cherokee National Forest, in accordance with the terms and
conditions of the agreement and subject to the approval required by
Section 4(d)(c) of the Tennessee Valley Authority Act of 1933, as
amended by the Act of July 18, 1941 (16 U.S.C. 831c(k)(c)); /9/ and
WHEREAS, on October 18, 1962, the agreement between the Tennessee
Valley Authority and the United States Department of Agriculture was
approved by the Director of the Bureau of the Budget pursuant to the
provisions of Section 4(k)(c) of the Tennessee Valley Authority Act of
1933, as amended, and of Section 1(h) of Executive Order No. 10530 of
May 10, 1954; /10/ and
WHEREAS it appears that such land rights and lands are suitable for
national forest purposes and that their inclusion in the Nantahala
National Forest and the Cherokee National Forest would be in the public
interest;
NOW, THEREFORE, by virtue of the authority vested in me by Section 24
of the Act of March 3, 1891, 26 Stat. 1103, and the Act of June 4, 1897,
30 Stat. 34, 36 (16 U.S.C. 471, 473), /11/ and as President of the
United States, and upon the recommendation of the Secretary of
Agriculture, it is ordered that the following-described lands in
Cherokee County, North Carolina, be included in and reserved as a part
of the Nantahala National Forest:
Land lying in the Beaverdam and Shoal Creek Townships of Cherokee
County, State of North Carolina, on both shores of Apalachia Lake,
approximately 1/4 mile west of Hiwassee Dam, the said land being
comprised of two separate parcels and being more particularly described
as follows:
Beginning at a point in the 1280-foot contour on the north shore of
Apalachia Lake and in the boundary of the land previously conveyed in
fee by the Tennessee Valley Authority to the U.S. Forest Service
designated as Tract No. XTFBR-3 from which a bronze plate (Coordinates:
N. 548,799; E. 449,905) set in a flat rock and stamped "73-3'a RM"
bears N. 5 degrees 35' W, at a distance of 14 feet.
From the initial point,
With the boundary between the lands of the United States of America
(TVA) and the U.S. Forest Service by bearings and distances as follows:
N. 5 degrees 35' W., 1183 feet, passing the bronze plate set in a
flat rock and stamped "73-3A RM" at 14 feet, to a large boulder in which
is set a bronze plate stamped 72-9;
N. 52 degrees 17' E., 1866 feet to a metal marker in the southwest
line of the right of way for the Hiwassee-Chickamauga Transmission Line;
Leaving the boundary between the lands of the United States of
America (TVA) and the U.S. Forest Service and with the southwest line of
the right of way for the Hiwassee-Chickamauga Transmission Line, a line
75 feet southwest of and parallel to the center line of the said
transmission line, S. 39 degrees 41' E., 1020 feet to a metal marker;
Leaving the line parallel to the transmission line, S. 20 degrees 14'
W., 1580 feet to a metal marker;
S. 45 degrees 09' E., approximately 350 feet to a point in the
1280-foot contour on the north shore of Apalachia Lake;
With the 1280-foot contour as it meanders in a westerly direction to
the point of beginning.
The land described above as Parcel No. 1 contains 82.5 acres, more or
less.
Beginning at a point in the 1280-foot contour on the south shore of
Apalachia Lake and in the boundary of the land previously conveyed in
fee by the Tennessee Valley Authority to the U.S. Forest Service
designated as Tract No. XTFBR-3 from which the bronze plate
(Coordinates: N. 548,779; E. 449,905) set in a flat rock and stamped
"73-3A RM" in the boundary of the above described Parcel No. 1 bears N.
5 degrees 35' W. at a distance of 574 feet.
From the initial point,
With the 1280-foot contour as it meanders in an easterly direction to
a point in the southeasterly prolongation of that course identified in
the above metes and bounds description of Parcel No. 1 by a bearing and
distance of S. 45 degrees 09' E., approximately 350 feet;
S. 45 degrees 09' E., approximately 500 feet to a metal marker from
which the metal marker at the northwest end of the above mentioned
course of Parcel No. 1 (S. 45 degrees 09' E., approximately 350 feet)
bears N. 45 degrees 09' W. at a distance of 1158 feet;
N. 76 degrees 50' E., 1299 feet to a metal marker in the boundary of
the United States of America's land;
With the United States of America's boundary line by bearings and
distances as follows:
S. 5 degrees 12' E., 714 feet, passing a metal marker at 137 feet, to
a metal marker;
S. 47 degrees 15' W., 897 feet to a metal marker;
N. 83 degrees 53' W., 745 feet to a 20-inch chestnut tree;
N. 83 degrees 48' W., 666 feet to US-TVA Monument HDR-84;
N. 83 degrees 53' W., 253 feet to US-TVA Monument HDR-85;
N. 83 degrees 54' W., 207 feet to US-TVA Monument 26-3;
N. 84 degrees 03' W., 954 feet to US-TVA Monument 26-1;
With the boundary line between the lands of the United States of
America (TVA) and the U.S. Forest Service N. 5 degrees 35' W., 932 feet,
passing US-TVA Monument 27-1 RM at 917 feet, to the point of beginning.
The land described above as Parcel No. 2 contains 83.5 acres, more or
less.
All of the above described land comprising Parcels 1 and 2 contains a
total of 166 acres, more or less.
Note: The positions of corners and directions of lines are referred
to the North Carolina Coordinate System. The contour elevation is based
on MSL Datum as established by the USC&GS Southeastern Supplementary
Adjustment of 1936. The boundary markers designated "US-TVA Monument"
are concrete monuments capped by bronze tablets imprinted with the given
numbers.
and that the following-described lands and land rights in Polk
County, Tennessee, be included in and reserved as a part of the Cherokee
National Forest, such inclusions and reservations to be in accordance
with and subject to all of the provisions and conditions of the
aforesaid agreement of June 28, 1962, between the Tennessee Valley
Authority and the United States Department of Agriculture:
An easement and right to police, patrol, and guard the following
described land for the control of any activities by third parties as set
forth in Article 1 of the transfer agreement, the said land being
located in the Second and Third Civil Districts of Polk County, State of
Tennessee, along the Apalachia Tunnel location, the said land being
comprised of four separate parcels and being more particularly described
as follows:
Beginning at survey station 347 plus 03 on the center line of the
Apalachia Tunnel location from which survey station 350 plus 77.96
(Coordinates: N. 287,890; E. 2,474,865) at an angle in the said center
line bears N. 80 degrees 26' W. at a distance of 375 feet.
From the initial point,
N. 70 degrees E., 500 feet to a point in the north line of the
Apalachia Tunnel location;
With the north line of the Apalachia Tunnel location, a line 250 feet
north of and parallel to the center line of the location, S. 80 degrees
26' E., 200 feet;
With a line 100 feet south of and parallel to the first course
mentioned above S. 70 degrees W., 1000 feet, crossing the center line of
the tunnel location at survey station 345 plus 03 and at 500 feet, to a
point in the south line of the tunnel location;
With the south line of the Apalachia Tunnel location, a line 250 feet
south of and parallel to the center line of the location, N. 80 degrees
26' W., 200 feet;
N. 70 degrees E., 500 feet to the point of beginning.
The land described above as Parcel No. 1 contains 2.3 acres, more or
less.
A strip of land 500 feet wide, lying 250 feet on each side of the
center line of the Apalachia Tunnel location, being a portion of the
right of way for the Apalachia Tunnel, the center line and the end
boundaries of the said strip being described as follows:
Beginning at a point where the center line of the Apalachia Tunnel
location crosses a line 50 feet west of and parallel to the left bank of
Turtletown Creek at a survey station 220 plus 38 on the center line of
the location, the said strip being bounded on the west end by the line
that is 50 feet west of and parallel to the left bank of Turtletown
Creek.
From the initial point,
With the center line of the Apalachia Tunnel location by bearings and
distances as follows:
S. 87 degrees 26' E., 4047 feet to survey station 179 plus 90.86
(Coordinates: N. 285,681.48; E. 2,491,737.77);
N. 87 degrees 52' E., 2221 feet to a point where the center line
crosses the north line of sec. 30 of the Ocoee District at survey
station 157 plus 70, the strip terminating and becoming bounded on the
east end by the north line of sec. 30, a line which extends on a bearing
of S. 66 degrees 30' E.
The land described above as Parcel No. 2 contains 71.6 acres, more or
less.
A strip of land 500 feet wide, lying 250 feet on each side of the
center line of the Apalachia Tunnel location, being a portion of the
right of way for the Apalachia Tunnel, the center line and the end
boundaries of the said strip being described as follows:
Beginning at a point where the center line of the Apalachia Tunnel
location crosses the west line of the E 1/2 sec. 20 of the Ocoee
District at survey station 100 plus 99 on the center line of the
location, the said strip being bounded on the west by the west line of
the E 1/2 sec. 20, a line which extends on a bearing of N. 23 degrees E.
From the initial point,
With the center line of the Apalachia Tunnel location N. 87 degrees
52' E., 735 feet to a point where the center line crosses a former
boundary line between the lands of the U.S. Forest Service and J.
McKinley Cochran, at survey station 93 plus 64, the strip terminating
and becoming bounded on the north by the said former boundary line, a
line having a bearing of S. 64 degrees E.
The land described above as Parcel No. 3 contains 8.3 acres, more or
less.
A strip of land 500 feet wide, lying 250 feet on each side of the
center line of the Apalachia Tunnel location, being a portion of the
right of way for Apalachia Tunnel, the center line and the end
boundaries of the said strip being described as follows:
Beginning at a point where the center line of the Apalachia Tunnel
location crosses the west line of sec. 21 of the Ocoee District at
survey station 72 plus 40 on the center line of the location, the said
strip being bounded on the west end by the west line of sec. 21, a line
which extends on a bearing of N. 24 degrees E.
From the initial point,
With the center line of the Apalachia Tunnel location by bearings and
distances as follows,
S. 79 degrees 27' E., 2125 feet to survey station 51 plus 15.26
(Coordinates: N. 285,544.36; E. 2,504,559.13);
N. 82 degrees 13' E., 1849.3 feet to survey station 32 plus 65.96;
N. 66 degrees 31' E., 251 feet to a point where the center line
crosses the north line of section 21 of the Ocoee District at survey
station 30 plus 15, the strip terminating and becoming bounded on the
east end by the north line of sec. 21, a line which extends on a bearing
on S. 67 degrees 21' E.,
The land described above as Parcel No. 4 contains 48.5 acres, more or
less.
All of the above described land comprising Parcels 1, 2, 3, and 4
contains a total of 130.7 acres, more or less.
Note: The positions of corners and directions of lines are referred
to the Tennessee Coordinate System.
Land lying in the Second Civil District of Polk County, State of
Tennessee, on both sides of the Apalachia Tunnel location, approximately
1/4 mile east of the Apalachia Powerhouse, the said land being comprised
of two separate parcels and being more particularly described as
follows:
Beginning at a metal tablet (Coordinates: N. 289,924; E. 2,467,352)
set in a stone in the center line of Smith Creek and in the boundary
between the lands of the United States of America (TVA) and the U.S.
Forest Service at the most southerly corner of the Apalachia Powerhouse
Reservation.
From the initial point,
With the southeast line of the Apalachia Powerhouse Reservation N. 25
degrees 00' E., 1157 feet to a metal marker in the southwest line of the
right of way for the Apalachia Tunnel location;
With the southwest line of the right of way for the Apalachia Tunnel
location, a line 250 feet southwest of and parallel to the center line
of the tunnel location, by bearings and distances as follows:
S. 68 degrees 55' E., 1006 feet;
S. 63 degrees 46' E., 2838 feet to US-TVA Monument 1-7T in the
boundary between the lands of the United States of America (TVA) and the
U.S. Forest Service;
With the boundary line between the lands of the United States of
America (TVA) and the U.S. Forest Service by bearings and distances as
follows:
S. 12 degrees 30' W., 1079 feet to US-TVA Monument 108T;
N. 80 degrees 00' W., 479 feet to US-TVA Monument 1-9T;
N. 10 degrees 00' E., 673 feet to US-TVA Monument 1-10T;
N. 49 degrees 50' W., 605 feet to US-TVA Monument 1-11T;
N. 65 degrees 55' E., 347 feet to US-TVA Monument 1-12T;
N. 65 degrees 00' W., 2633 feet to US-TVA Monument 1-13T;
N. 25 degrees 00' W., 1370 feet to US-TVA Monument 1-14T;
N. 65 degrees 00' W., 450 feet to US-TVA Monument 1-15T;
N. 25 degrees 00' E., 312 feet to the point of beginning.
The land described above as Parcel No. 1 contains 41.8 acres, more or
less.
Beginning at a point (Coordinates: N. 291,880; E. 2,468,264) in the
center line of Big Hopper Creek and in the boundary between the lands of
the United States of America (TVA) and the U.S. Forest Service at the
most northeasterly corner of the Apalachia Powerhouse Reservation.
From the initial point,
With the boundary line between the lands of the United States of
America (TVA) and the U.S. Forest Service S. 57 degrees 31' E., 3763
feet to US-TVA Monument 1-6T in the northeast line of the right of way
for the Apalachia Tunnel location;
With the northeast line of the right of way for the Apalachia Tunnel
location, a line 250 feet northeast of and parallel to the center line
of the tunnel location, by bearings and distances as follows:
N. 63 degrees 46' W., 2739 feet;
N. 68 degrees 55' W., 994 feet to a metal marker in the southeast
line of the Apalachia Powerhouse Reservation;
With the southeast line of the Apalachia Powerhouse Reservation N. 25
degrees 00' E., 499 feet, passing US-TVA Monument 1-5T RM at 472 feet,
to the point of beginning.
The land described above as Parcel No. 2 contains 18.6 acres, more or
less.
All of the above described land comprising Parcels 1 and 2 contains a
total of 60.4 acres, more or less.
Note: There is excepted from the properties transferred to the said
Department mineral rights outstanding in third parties to that portion
of the tract carved from tract AR-85 which lies in Section 33, record of
which is found in deed book 4, page 120.
The positions of corners and directions of lines are referred to the
Tennessee Coordinate System. The boundary markers designated "US-TVA
Monument" are concrete monuments capped by bronze tablets imprinted with
the given numbers.
THE WHITE HOUSE,
November 27, 1962.
JOHN F. KENNEDY
/9/ 16 U.S.C.A. 831c(k)(c).
/10/ 3 U.S.C.A. 301 note.
/11/ 16 U.S.C.A. 471 and 473.
Executive Order No. 11066, 27 F.R. 11733, November 29, 1962, CHEROKEE
AND JEFFERSON NATIONAL FORESTS
WHEREAS, on the 28th day of June, 1962, the Tennessee Valley
Authority and the United States Department of Agriculture entered into
an agreement (Contract TV-21654A) providing for the transfer by the said
Authority to the said Department of the right of possession and all
other right, title, and interest which the Authority might have in or to
certain lands therein designated and described in Sullivan County,
Tennessee, and in Washington County, Virginia, so that said lands might
be included in and reserved as a part of the Cherokee National Forest
and the Jefferson National Forest, in accordance with the provisions and
conditions of said agreement and subject to the approval required by
Section 4(k)(c) of the Tennessee Valley Authority Act of 1933, as
amended by the Act of July 18, 1941 (16 U.S.C. 831c(k)(c)); /6/
WHEREAS, on the 18th day of October, 1962, the said agreement between
the Tennessee Valley Authority and the United States Department of
Agriculture was approved by the Director of the Bureau of the Budget
pursuant to the provisions of Section 4(k)(c) of the Tennessee Valley
Authority Act of 1933, as amended, supra, and of Section 1(h) of
Executive Order No. 10530 of May 10, 1954; /7/ and
WHEREAS, it appears that such lands are suitable for national forest
purposes and the inclusion of such lands in the Cherokee National Forest
and the Jefferson National Forest would be in the public interest;
NOW, THEREFORE, by the virtue of the authority vested in me by
section 24 of the act of March 3, 1891, 26 Stat. 1103, and the act of
June 4, 1897, 30 Stat. 34, 36 (16 U.S.C. 471, 473), /8/ and as President
of The United States, and upon the recommendation of the Secretary of
Agriculture, it is ordered that the portions of the following-described
lands located in the State of Tennessee be included in and reserved as a
part of the Cherokee National Forest, and that the portion of the
following-described lands located in the Commonwealth of Virginia be
included in and reserved as a part of the Jefferson National Forest,
such inclusions and reservations to be in accordance with and subject to
all of the provisions and conditions of said agreement on the 28th day
of June, 1962, between the Tennessee Valley Authority and the United
States Department of Agriculture:
Land lying in the First and Twenty-second Civil Districts of Sullivan
County, on the northwest shores of South Holston Lake, approximately 1
mile northeast of South Holston Dam, and being all that land which lies
above the 1742-foot (MSL) contour and is contiguous to and on the
lakeward side of a line described as follows:
Beginning at a point in the 1742-foot contour on the shore of South
Holston Lake and in the boundary between the lands of the United States
of American and Mrs. Lillie Beeler Simerly.
From the initial point with the United States of America's boundary
line;
N. 84 degrees 54' W., approximately 20 feet to a point in the
1747-foot contour;
N. 84 degrees 54' W., 584 feet to a stone (Coordinates: N. 803,790;
e. 3,152,048);
N. 10 degrees 11' W., 198 feet to a stone at the top of a ridge;
With the top of the ridge as it meanders in a general northeasterly
direction approximately along the following bearings and distances:
N. 2 degrees W., 340 feet to a dead 18-inch hickory tree,
N. 33 degrees E., 400 feet,
S. 88 degrees E., 185 feet,
N. 48 degrees E., 350 feet to a stone in the center of a junction of
ridges,
N. 6 degrees W., 245 feet,
N. 28 degrees W., 270 feet to a 6-inch hickory tree,
N. 31 degrees E., 200 feet,
N. 56 degrees E., 255 feet,
N. 88 degrees E., 250 feet,
N. 47 degrees E., 235 feet to a twin chestnut oak tree,
N. 10 degrees E., 305 feet,
N. 4 degrees W., 250 feet,
N. 47 degrees E., 165 feet to a wild cherry tree in the center of a
junction of ridges,
N. 36 degrees E., 330 feet,
N. 44 degrees E., 330 feet to a 6-inch red oak stump,
N. 1 degree E., 175 feet,
N. 49 degrees E., 220 feet to a stone,
N. 44 degrees E., 235 feet,
Due east, 175 east,
N. 50 degrees E., 175 feet,
N. 3 degrees W., 365 feet,
N. 18 degrees E., 195 feet,
N. 42 degrees E., 375 feet,
N. 11 degrees E., 240 feet,
N. 36 degrees E., 105 feet to a point (Coordinates: N. 808,762; E.
3,154,833);
Leaving the top of the ridge, N. 3 degrees 28' W., 1230 feet;
N. 81 degrees 47' E., 614 feet to a stone;
N. 89 degrees 630 feet;
N. 37 degrees 19' E., 1867 feet to a 6-inch hickory tree;
N. 41 degrees 57' E., 216 feet;
N. 50 degrees 47' E., 242 feet;
N. 51 degrees 33' E., 695 feet;
N. 44 degrees 11' E., 199 feet;
N. 21 degrees 40' E., 192 feet;
N. 34 degrees 20' E., 125 feet;
N. 53 degrees 29' E., 135 feet;
N. 37 degrees 15' E., 526 feet;
N. 49 degrees 15' E., 455 feet to a point at the top of a ridge;
With the top of the ridge as it meanders in a northerly direction and
subsequently in a southeasterly direction approximately along the
following bearings and distances:
N. 1 degree W., 260 feet,
N. 37 degrees E., 130 feet to a 10-inch hickory tree,
N. 85 degrees E., 330 feet to a 24-inch hickory tree in the center of
a junction of ridges,
S. 59 degrees E., 520 feet,
S. 38 degrees E., 350 feet;
Leaving the top of the ridge, S. 84 degrees 19 ' E., 295 feet to a
metal marker (Coordinates: N. 813,363; E. 3,160,408);
N. 8 degrees 41' W., 205 feet to a metal marker at a stone corner;
N. 72 degrees 23' E., 147 feet to a metal marker in the 1747-foot
contour;
N. 72 degrees 23' E., approximately 20 feet to a point in the
1742-foot contour on the shore of South Holston Lake.
Also six islands formed by the 1742-foot (MSL) contour and lying in
South Holston Lake in the vicinity of the above described mainland, the
dimensions and the approximate coordinates of the center of each of the
islands being defined as follows:
(1) An island having a length of approximately 800 feet and an
approximate maximum width of 370 feet, the coordinates of the center of
the island being approximately N. 804,340 and E. 3,154,730.
(2) An island having a length of approximately 510 feet and an
approximate maximum width of 220 feet, the coordinates of the center of
the island being approximately N. 803,850 and E. 3,155,820.
(3) An island having a length of approximately 480 feet and an
approximate maximum width of 420 feet, the coordinates of the center of
the island being approximately N. 803,680 and E. 3,156,390.
(4) An island having a length of approximately 130 feet and an
approximate maximum width of 110 feet, the coordinates of the center of
the island being approximately N. 807,150 and E. 3,159,770.
(5) An island having a length of approximately 800 feet and an
approximate maximum width of 230 feet, the coordinates of the center of
the island being approximately N. 811,210 and E. 3,160,930.
(6) An island having a length of approximately 270 feet and an
approximate maximum width of 70 feet, the coordinates of the center of
the island being approximately N. 805,140 and E. 3,154,629.
There are hereby expressly EXCEPTED AND EXCLUDED from the lands
described above as Parcel No. 1 and from this conveyance 26.6 acres,
more or less, being those portions of the said lands which lie below
elevation 1747 (MSL).
The lands described above as Parcel No. 1, after giving effect to the
exclusion above noted, contain 392. acres, more or less.
Two islands formed by the 1742-foot (MSL) contour and lying in South
Holston Lake in the Twenty-second Civil District of Sullivan County,
approximately 3/4 mile northeast of the U.S. Highway 421 bridge across
the lake, the said islands being more particularly described as follows:
An island having a length of approximately 980 feet and an
approximate maximum width of 720 feet, the center of the island being
defined approximately by the coordinates N. 815,900 and E. 3,165,270.
An island having a length of approximately 520 feet and an
approximate maximum width of 480 feet, the center of the island being
defined approximately the coordinates N. 816,760 and E. 3,165,230.
There are hereby expressly EXCEPTED AND EXCLUDED from the land
described above as Parcel No. 2 and from this conveyance 2.6 acres, more
or less, being those portions of the said land which lie below elevation
1747 (MSL).
The land described above as Parcel No. 2, after giving effect to the
exclusion above note, contains 9.5 acres, more or less.
Three islands formed by the 1742-foot (MSL) contour and lying in
South Holston Lake in the Nineteenth and Twenty-second Civil Districts
of Sullivan County, approximately 1 1/2 miles northeast of the U.S.
Highway 421 bridge across the lake, the said islands being more
particularly described as follows:
An island having a length of approximately 1300 feet and an
approximate maximum width of 370 feet, the center of the island being
defined approximately by the coordinates N. 822,180 and E. 3,165,000.
An island having a length of approximately 330 feet and an
approximate maximum width of 270 feet, the center of the island being
defined approximately by the coordinates N. 821,700 and E. 3,164,580.
An island having a length of approximately 260 feet and an
approximate maximum width of 140 feet, the center of the island being
defined approximately by the coordinates N. 822,400 and E. 3,164.400.
There are hereby expressly EXCEPTED AND EXCLUDED from the land
described above as Parcel No. 3 and from this conveyance 2.6 acres, more
or less, being those portions of the said land which lie below elevation
1747 (MSL).
The land described above as Parcel No. 3, after giving effect to the
exclusion above note, contains 6.8 acres, more or less.
Land lying in the Nineteenth Civil District of Sullivan County, on
the shores of the Cave Spring Embayment on the southeast side of South
Holston Lake, south of and adjacent to the Virginia-Tennessee state line
and being all that land which lies above the 1742-foot (MSL) contour and
is contiguous to and on the lakeward side of a line described as
follows:
Beginning at a point in the 1742-foot contour on the southeast shore
of an inlet of South Holston Lake and in the Virginia-Tennessee state
line.
From the initial point,
With the Virginia-Tennessee state line, N. 86 degrees 54' E.,
approximately 25 feet to a metal marker (Coordinates: N. 825,634; E.
3,172,507) in the 1747-foot contour;
N. 86 degrees 54' E., 1282 feet to a chestnut stump in the boundary
of the United States of America'S land at the top of a ridge;
With the United States of America's boundary line,
Leaving the state line, S. 82 degrees 49' E., 546 feet to a point in
the center line of a trail;
With the center line of the trail in a southwesterly direction
approximately along a bearing and distance of S. 32 degrees 19' W., 116
feet;
Leaving the trail, S. 57 degrees 06' E., 584 feet to a 15-inch red
oak tree (Coordinates: N. 825,222; E. 3,174,759) at the top of a
ridge;
With the top of the ridge as it meanders in a southwesterly direction
approximately along the following bearings and distances:
S. 14 degrees 14' W., w77 feet,
S. 36 degrees W., 1210 feet.
S. 50 degrees W., 370 feet to a 10-inch hickory tree;
Leaving the top of the ridge, S. 26 degrees 28' W., 248 feet to a
15-inch chestnut oak tree in the center line of a hollow:
S. 48 degrees W., 70 feet,
S. 84 degrees W., 130 feet to a 4-inch pine tree;
N. 64 degrees 38' W., 191 feet to a 4-inch black oak tree;
N. 78 degrees 04' W., 62 feet to an 18-inch red oak snag (Coordinates
N. 823,524; E. 3,173,168);
S. 81 degrees 04' W., approximately 200 feet to a point in the
1742-foot contour on the east shore of an inlet of South Holston Lake.
There are hereby expressly EXCEPTED AND EXCLUDED from the land
described above as Parcel No. 4 and from this conveyance 2.2 acres, more
or less, being those portions of the said land which lie below elevation
1747 (MSL).
The land described above as Parcel No. 4, after giving effect to the
exclusion above note, contains 60. acres, more or less.
Land lying in the Nineteenth Civil District of Sullivan County on the
southeast shores of South Holston Lake, approximately 1 1/4 miles
northeast of the U.S. Highway 421 bridge across the lake, and being all
that land which lies above the 1742-foot (MSL) contour and is contiguous
to and on the lakeward side of a line described as follows:
Beginning at a point in the 1742-foot contour on the southeast shore
of an inlet of South Holston Lake and in the boundary between the lands
of the United States of America and the John K. Cooper Heirs.
From the initial point with the United States of America's boundary
line,
S. 49 degrees 15' E., approximately 420 feet to a 12-inch maple tree
(Coordinates: N. 822,721; E. 3,174,462);
S. 49 degrees 27' E., 594 feet to a point at the top of a ridge;
S. 49 degrees 03' E., 671 feet;
S. 1 degree 51' E., 558 feet;
S. 44 degrees 46' E., 173 feet;
S. 22 degrees 37' W., 104 feet;
S. 52 degrees 26' W., 115 feet;
S. 0 degrees 45' E., approximately 530 feet to a point in the
1742-foot contour on the north shore of the Jacob Creek Embayment of
South Holston Lake.
Also an island formed by the 1742-foot (MSL) contour and lying in
South Holston Lake off the southwest end of the above described
mainland, the said island having a length of approximately 190 feet and
an approximate maximum width of 100 feet, the center of the island being
defined approximately by the coordinates N. 819,130 and E. 3,165,130.
There are hereby expressly EXCEPTED AND EXCLUDED from the land
described above as Parcel No. 5 and from this conveyance 38.0 acres,
more or less, being those portions of the said land which lie below
elevation 1747 (MSL).
The land described above as Parcel No. 5, after giving effect to the
exclusion above note, contains 793, acres, more or less.
Land lying in the Nineteenth Civil District of Sullivan County, on
the shores of the Jacob Creek and Little Jacob Creek Embayments of South
Holston Lake, approximately 2 miles northeast of the U.S. Highway 421
bridge across the lake, and being all that land which lies above the
1742-foot (MSL) contour and is contiguous to and on the lakeward side of
a line described as follows:
Beginning at a point in the 1742-foot contour on the south shore of
the Jacob Creek Embayment and in the boundary between the lands of the
United States of America and H. R. Russell.
From the initial point with the United States of America's (TVA's)
boundary line,
S. 80 degrees 04' E., approximately 430 feet to a point (Coordinates:
N. 820,046; E. 3,177,129);
S. 30 degrees 11' W., 50 feet to a stone;
S. 52 degrees W., 535 feet to a chestnut post;
S. 82 degrees E., 200 feet to a stone at the top of a ridge;
With the top of the ridge as it meanders in an easterly direction
approximately along the following bearings and distances:
S. 40 degrees E., 305 feet,
S. 58 degrees E., 245 feet to a dead chestnut tree,
S. 79 degrees E., 245 feet to a dead chestnut tree,
N. 51 degrees E., 130 feet to a stone,
N. 83 degrees E., 210 feet to an 8-inch red oak tree;
N. 60 degrees E., 210 feet to an 8-inch red oak tree;
Leaving the top of the ridge, S. 32 degrees E., 280 feet;
S. 21 degrees E., 100 feet;
Due south, 80 feet;
S. 56 degrees E., 130 feet to a pine tree;
S. 43 degrees 43' E., 284 feet to a chestnut stump;
S. 9 degrees 47' W., 399 feet to a 14-inch gum tree at the top of a
ridge;
With the top of a ridge as it meanders in a southeasterly direction
and subsequently in a general westerly direction approximately along the
following bearings and distances:
S. 44 degrees E., 570 feet,
S. 18 degrees E., 250 feet,
S. 19 degrees W., 120 feet to a 14-inch spanish oak tree,
N. 79 degrees 26' W., 368 feet,
S. 62 degrees W., 430 feet,
N. 85 degrees W., 190 feet,
N. 27 degrees 19' W., 68 feet,
N. 69 degrees W.,760 feet,
S. 82 degrees W., 605 feet,
N. 65 degrees W., 350 feet,
N. 46 degrees W., 515 feet,
N. 7 degrees E., 430 feet to a stone,
N. 82 degrees W., 535 feet,
S. 73 degrees W., 370 feet,
S. 62 degrees W., 65 feet,
S. 65 degrees W., 250 feet,
N. 74 degrees W., 240 feet,
S. 86 degrees W., 250 feet,
S. 52 degrees W., 190 feet,
S. 48 degrees W., 210 feet,
S. 33 degrees W., 410 feet,
S. 75 degrees W., 150 feet,
N. 73 degrees W., 198 feet to a stone,
S. 47 degrees W., 230 feet,
S. 75 degrees W., 200 feet to a stake,
S. 23 degrees W., 435 feet to an 8-inch black oak tree,
S. 62 degrees W., 190 feet,
N. 85 degrees W., 240 feet,
S. 86 degrees W., 100 feet to U.S. Forest Service Monument No. 573;
Leaving the top of the ridge, S. 44 degrees E., 1843 feet to a
14-inch black oak tree;
N. 13 degrees E., 385 feet to an 8-inch black oak tree;
N. 68 degrees E., 415 feet to an 8-inch hickory tree;
S. 31 degrees E., 1595 feet to U.S. Forest Service Monument No. CA485
(Coordinates: N. 815,216; E. 3,174,948);
N. 80 degrees 32' W., 142 feet to a chestnut stump;
S. 56 degrees 03' W., 362 feet to a metal marker;
S. 47 degrees 56' W., 415 feet to a metal marker;
S. 43 degrees 44' W., 289 feet to a metal marker;
S. 47 degrees 33' W., approximately 80 feet, passing a metal marker
in the 1747-foot contour at 64 feet, to a point in the 7142-foot contour
on the northeast shore of the Little Jacob Creek Embayment of South
Holston Lake.
There are hereby expressly EXCEPTED AND EXCLUDED from the land
described above as Parcel No. 6 and from this conveyance 13.6 acres,
more or less, being those portions of the said land which lie below
elevation 1747 (MSL).
The land described above as Parcel No. 6, after giving effect to the
exclusion above noted, contains 322. acres, more or less.
Land lying in the Nineteenth Civil District of Sullivan County, on
the south shores of the Jacob Creek and Little Jacob Creek Embayments of
South Holston Lake, approximately 1 1/4 miles east of the U.S. Highway
421 bridge across the lake, and being all that land which lies above the
1742-foot (MSL) contour and is contiguous to and on the lakeward side of
a line described as follows:
Beginning at a point (the approximate coordinates of which are N.
813,230 and E. 3,174,730) in the 1742-foot contour on the southwest
shore of the Little Jacob Creek Embayment and in the boundary between
the lands of the United States of America (TVA) and the U.S. Forest
Service.
From the initial point with the United States of America's (TVA's)
boundary line,
S. 35 degrees W., approximately 260 feet to an 8-inch black oak tree
at the top of a ridge;
S. 68 degrees E., 155 feet to a stone,
S. 47 degrees E., 520 feet,
S. 6 degrees W., 460 feet;
Leaving the top of the ridge, S. 15 degrees E., 335 feet;
S. 5 degrees W., 180 feet;
S. 21 degrees W., 300 feet;
S. 1 degrees W., 220 feet;
S. 11 degrees W., 175 feet;
S. 9 degrees E., 570 feet;
S. 6 degrees W., 80 feet to an 8-inch hickory tree;
S. 41 degrees 02' W., 384 feet to an 8-inch chestnut snag;
S. 64 degrees W., 315 feet;
N. 62 degrees W., 250 feet;
N. 69 degrees W., 280 feet;
N. 31 degrees W., 110 feet;
N. 32 degrees W., 240 feet;
N. 37 degrees W., 610 feet;
N. 45 degrees W., 130 feet;
N. 73 degrees W., 470 feet to a 14-inch black oak tree;
N. 38 degrees W., 470 feet to a chestnut tree;
S. 62 degrees W., 200 feet to an 18-inch pine tree;
S. 52 degrees W., 195 feet to a red oak tree;
N. 39 degrees W., 175 feet to a stump;
N. 44 degrees W., 205 feet to a post;
S. 73 degrees W., 150 feet;
N. 11 degrees 52' W., 829 feet to a chestnut stump;
N. 47 degrees 46' W., 343 feet to an oak stump;
N. 44 degrees 58' W., 244 feet to a point in the center line of a
county road;
N. 43 degrees 32' W., 903 feet to a stone;
N. 23 degrees 25' W., 683 feet to a 16-inch hickory tree;
N. 17 degrees E., 535 feet to a stake;
N. 30 degrees E., 235 feet;
N. 23 degrees E., 130 feet to a post;
N. 42 degrees W., 210 feet;
N. 64 degrees W., 190 feet;
N. 71 degrees W., 215 feet to a stone;
N. 58 degrees W., 155 feet;
N. 72 degrees W., 220 feet to a 20-inch pine tree;
N. 35 degrees W., 185 feet to a 20-inch oak tree;
N. 55 degrees W., 150 feet;
N. 68 degrees W., 255 feet;
N. 56 degrees W., 350 feet to U.S. Forest Service Monument No. CA574;
N. 33 degrees E., 50 feet to a stone;
N. 81 degrees W., 872 feet to a stone at the base of an oak stump;
S. 0 degrees 52' W., approximately 460 feet to a point in the
1742-foot contour on the north shore of an inlet of South Holston Lake.
There are hereby expressly EXCEPTED AND EXCLUDED from the land
described above as Parcel No. 7 and from this conveyance 12.3 acres,
more or less, being those portions of the said land which lie below
elevation 1747 (MSL).
The land described above as Parcel No. 7, after giving effect to the
exclusion above note, contains 329. acres, more or less.
A tract of land lying in the Nineteenth Civil District of Sullivan
County, on the south shores of the Stout Branch Embayment of South
Holston Lake approximately 1 1/4 miles east of the U.S. Highway 421
bridge across the lake, and more particularly described as follows:
Beginning at a point (the approximate coordinates of which are N.
815,170 and E. 3,167,830) in the 1742-foot contour on the northeast
shore of an inlet on the south side of the Stout Branch Embayment and in
the boundary between the lands of the United States of America (TVA) and
the U.S. Forest Service.
From the initial point,
With the 1742-foot contour as it meanders in a northwesterly
direction and subsequently in an easterly direction to a point in the
boundary between the lands of the United States of America (TVA) and the
U.S. Forest Service;
With the United States of America's (TVA's) boundary line,
Leaving the contour, S. 74 degrees 04' W., approximately 240 feet to
the point of beginning.
There is hereby expressly EXCEPTED and EXCLUDED from the land
described above as Parcel No. 8 and from this conveyance 0.1 acre, more
or less, being that portion of the said land which lies below elevation
1747 (MSL).
The land described above as Parcel No. 8, after giving effect to the
exclusion above noted, contains 0.4 acre, more or less.
Land lying in the Nineteenth Civil District of Sullivan County on the
southeast shores of South Holston Lake, approximately 1/4 mile east of
the U.S. Highway 421 bridge across the lake, and being all that land
which lies above the 1742-foot (MSL) contour and is contiguous to and on
the lakeward side of a line described as follows:
Beginning at a point (the approximate coordinates of which are N. of
the Stout Branch Embayment of South Holston Lake and in the boundary
between the lands of the United States of America (TVA) and the U.S.
Forest Service.
From the initial point with the United States of America's (TVA's)
boundary line.
S. 74 degrees 04' W., approximately 60 feet to a stone;
S. 45 degrees E., approximately 650 feet (being a northeast boundary
of the herein described Parcel No. 9) to a point in the 1742-foot
contour on the shore of an inlet of South Holston Lake;
Leaving the United States of America's (TVA's) boundary line,
With the 1742-foot contour as it meanders around the inlet in a
westerly direction and subsequently in a general southeasterly direction
to a point in the boundary between the lands of the United States of
America (TVA) and the U.S. Forest Service and in the southeasterly
prolongation of the last mentioned straight line course;
With the United States of America's (TVA's) boundary line,
Leaving the contour, S. 45 degrees E., approximately 100 feet to a
stone;
S. 43 degrees W., 550 to a point from which an iron In (U.S.F.S.
Marker No. 10-Coordinates: N. 813,606; E. 3,167,595) bears S. 43
degrees W. at a distance of 20 feet;
N. 65 degrees W., 60 feet;
S. 43 degrees W., 20 feet to a common corner of the lands of the
United States of America (TVA), the U.S. Forest Service, and Stacy J.
Grayson (Formerly Louis H. Rouse et us);
N. 65 degrees 54' W., 646 feet to an oak stump;
S. 36 degrees 10' W., 438 feet to a chestnut stump;
S. 58 degrees 07' W., 347 feet to a chestnut stump;
N. 81 degrees 16' W., 252 feet to a pine stump;
S. 74 degrees 10' W., 199 feet to a 20-inch oak tree;
S. 41 degrees 33' W., 235 feet to a stone;
S. 46 degrees 15' W., 555 feet to a stone;
S. 68 degrees 15' W., 365 feet to a stone;
S. 23 degrees 10' W., 416 feet to a stone;
S. 49 degrees 51' E., 670 feet to a stone;
Leaving the United States of Americ'a (TVA's) boundary line,
S. 64 degrees 23' E., 374 feet, crossing an embayment of South
Holston Lake (the "lakeward side" mentioned hereinabove lying to the
southwest), to a stone in the boundary of the United States of America's
(TVA's) land;
With the United States of America's (TVA's) boundary line,
S. 54 degrees 10' E., 231 feet to a stone and a metal marker;
N. 76 degrees 21' E., 212 feet to a 5-inch gum tree and a metal
marker at the top of a ridge;
With the top of a ridge as it meanders in a general easterly
direction and subsequently in a southeasterly direction approximately
along the following bearings and distances:
S. 51 degrees 30' E., 454 feet to a stone and a metal marker,
N. 63 degrees 23' E., 551 feet,
N. 68 degrees 22' E., 572 feet to a stone and a metal marker in the
center of a junction of ridges,
S. 20 degrees 53' E., 466 feet,
S. 44 degrees 45' E., 324 feet,
S. 26 degrees 34' E., 139 feet to a metal marker (Coordinates: N.
810,973; e. 3,167,976) in the 1747-foot contour on the north shore of
the Lucy Creek Embayment of South Holston Lake,
S. 26 degrees 34' E., approximately 20 feet to a point in the
1742-foot contour on the shore of the embayment.
The land described herein as Parcel No. 9 is limited on the west by a
line which extends on a bearing of N. 34 degrees 53' E. through a metal
marker (the coordinates of which are N. 812,938 and E. 3,163, 106) in
the 1747-foot contour on the southwest side of U.S. Highway 421.
There are hereby expressly EXCEPTED AND EXCLUDED from the land
described above as Parcel No. 9 and from this conveyance 11.0 acres,
more or less, being those portions of the said land which lie below
elevation 1747 (msl).
The land described above as Parcel No. 9, after giving effect to the
exclusion above note, contains 137. acres, more or less.
Land lying in the First and Nineteenth Civil districts of Sullivan
County on the southeast shores of South Holston Lake, approximately
1/2miles south of the U.S. Highway 421 bridge across the lake, and more
particularly described as follows:
Beginning at a point in the 1742-foot contour on the south shore of
the Sharps Creek Embayment of South Holston Lake and in the boundary
between the lands of the United States of America and Ray & Hester
Harless.
From the initial point with the United States of America's (TVA's)
boundary line,
S. 25 degrees 56' W., approximately 30 feet to a metal marker
(Coordinates: N. 809,021; E. 3,167,193) in the 1747-foot contour;
S. 25 degrees 56' W., 203 feet to a metal marker;
S. 22 degrees 10' W., 514 feet;
S. 61 degrees 24' E., 266 feet, passing a metal marker at 1 foot, to
a 20-inch hickory tree;
S. 31 degrees 27' W., 479 feet to a point at the top of a ridge;
S. 52 degrees 38' E., 432 feet to a stone in the center line of a
trail;
S. 12 degrees 37' E., 453 feet;
S. 10 degrees 37' W., 98 feet to a point at the top of a ridge;
With the top of a ridge as it meanders in a general southwesterly
direction approximately along the following bearings and distances:
S. 4 degrees W., 460 feet,
S. 32 degrees W., 310 feet to a twin oak tree,
S. 17 degrees E., 340 feet,
S. 5 degrees W., 240 feet,
S. 29 degrees W., 460 feet,
S. 16 degrees W., 240 feet to U.S. Forest Service Monument No. 202 in
the center of a junction of ridges.
S. 16 degrees W., 445 feet,
S. 59 degrees W., 220 feet,
S. 75 degrees W., 290 feet,
S. 12 degrees W., 390 feet,
S. 42 degrees W., 235 feet,
Due south, 310 feet,
S. 44 degrees W., 335 feet,
S. 83 degrees W., 370 feet,
S. 30 degrees W., 275 feet,
S. 59 degrees W., 315 feet to U.S. Forest Service Corner No. 89;
Leaving the ridge, N. 33 degrees W., approximately 700 feet to a
point in the 1742-foot contour on the south shore of an inlet of South
Holston Lake;
Leaving the United States of America's (TVA's) boundary line,
With the 1742-foot contour as it meanders around the northeast end of
the inlet in an easterly direction and subsequently in a general
northwesterly direction to a point in the boundary of the United States
of America's (TVA's) land and in the northwesterly prolongation of the
last mentioned straight line course;
With the United States of America's (TVA's) boundary line,
Leaving the contour on the south shore of the Underwood Branch
Embayment of South Holston Lake;
Leaving the United States of America's (TVA's) boundary line,
With the 1742-foot contour as it meanders in a general northeasterly
direction to the northeast end of the embayment and thence along the
northwest shores of the embayment in a general southwesterly direction
to a point (the approximate coordinates of which are N. 804,930 and E.
3,162,600) in the boundary of the United States of America's (TVA's)
land;
With the United States of America's (TVA's) boundary line,
Leaving the contour, N. 82 degrees 30' E., approximately 330 feet to
a 10-inch pine tree;
N. 63 degrees E., 812 feet to a stone;
N. 30 degrees W., 1104 feet to an 8-inch double red oak tree at the
top of a ridge;
With the top of a ridge as it meanders southwesterly, thence
northerly, and subsequently southwesterly approximately along the
following bearings and distances:
S. 59 degrees W., 370 feet to a point in the center of a junction of
ridges,
N. 22 degrees W., 360 feet,
N. 16 degrees W., 390 feet to a stone in the center of a junction of
ridges,
S. 71 degrees W., 370 feet to an 8-inch dead oak tree,
S. 39 degrees W., 1050 feet,
S. 20 degrees W., 735 feet to U.S. Forest Service Monument No. 549;
Leaving the top of the ridge, S. 16 degrees E., approximately 880
feet to a point in the 1742-foot contour on the northwest shore of an
inlet of south Holston Lake;
Leaving the United States of America's (TVA's) boundary line,
With the 1742-foot contour as it meanders in a southerly direction to
the mouth of the inlet, thence up the lake in a general northerly
direction to the mouth of the Sharps Creek Embayment, and thence up the
Sharps Creek Embayment in a general southeasterly direction to the point
of beginning.
Also two islands formed by the 1742-foot (MSL) contour and lying on
South Holston Lake in the vicinity of the above described mainland, the
dimensions and the approximate coordinates of the center of each of the
islands being defined as follows:
(1) An island having a length of approximately 380 feet and an
approximate maximum width of 80 feet, the coordinates of the center of
the island being approximately N. 809,300 and E. 3,164,600.
(2) An island having a length of approximately 100 feet and an
approximate maximum width of 40 feet, the coordinates of the center of
the island being approximately N. 804,460 and E. 3,165,340.
Also a portion of an island lying in South Holston Lake immediately
north of the mouth of the Underwood Branch Embayment of the lake, the
said portion being more particularly described as follows:
Beginning at a point in the 1742-foot contour on the north shore of
the island and in the boundary between the lands of the United States of
America (TVA) and the U.S. Forest Service from which the south end of
that course identified in the above description of the mainland by a
bearing and distance of S. 16 degrees E., approximately 880 feet, bears
N. 16 degrees W. at a distance of approximately 970 feet.
From the initial point with United States of America's (TVA's)
boundary line,
S. 16 degrees E., approximately 650 feet to a point in the 1742-foot
contour on the south shore of the island;
Leaving the United States of America's (TVA's) boundary line,
With the 1742-foot contour as it meanders along the west shore of the
island in a general northerly direction to the point of beginning for
the portion of the island.
There are hereby expressly EXCEPTED and EXCLUDED from the land
described above as Parcel No. 10 and from this conveyance 24.4 acres,
more or less, being those portions of the said land which lie below
elevation 1747 (MSL).
The land described above as Parcel No. 10, after giving effect to the
exclusion above noted, contains 527. acres, more or less.
A tract of land lying in the Nineteenth Civil District of Sullivan
County on the west shore of an inlet on the northwest side of the
Underwood Branch Embayment of South Holston Lake, approximately 1 3/4
miles south of the U.S. Highway 421 bridge across the lake, and more
particularly described as follows:
Beginning at a 14-inch chestnut oak tree (the approximate coordinates
of which are N. 804,820 and E. 3,167,780) at the top of a ridge and at a
corner in the boundary between the lands of the United States of America
(TVA) and the U.S. Forest Service.
From the initial point; with the United States of America's (TVA's)
boundary line,
N. 82 degrees 30' E., approximately 250 feet to a point in the
1742-foot contour on the west shore of an inlet of the Underwood Branch
Embayment;
Leaving the United States of America's (TVA's) boundary line,
With the 1742-foot contour as it meanders in a southerly direction to
a point at the top of a ridge and in the boundary of the United States
of America's (TVA's) land;
With the United States of America's (TVA's) boundary line,
With the top of the ridge as it meanders in a northwesterly direction
approximately along the following bearings and distances:
N. 33 degrees W., 320 feet,
N. 29 degrees W., 220 feet,
N. 46 degrees W., 470 feet to the point of beginning.
There is hereby expressly EXCEPTED AND EXCLUDED from the land
described above as Parcel No. 11 and from this conveyance 0.3 acre, more
or less, being that portion of the said land which lies below elevation
1747 (MSL).
The land described above as Parcel No. 11, after giving effect to the
exclusion above note, contains 4.1 acres, more or less.
A tract of land lying in the First Civil District of Sullivan County
on the shore of the Fishdam Creek Embayment of South Holston Lake,
approximately 2 3/4 miles east of South Holston Dam, and more
particularly described as follows:
Beginning at a point (the approximate coordinates of which are N.
800,200 and E. 3,163,760) in the 1742-foot contour on the south shore of
the North Prong Fishdam Creek Embayment and in the boundary between the
lands of United States of America (TVA) and the U.S. Forest Service.
From the initial point with the United States of America's (TVA's)
boundary line,
S. 6 degrees W., approximately 520 feet to a point in the 1742-foot
contour on the north shore of the Fishdam Creek Embayment;
Leaving the United States of America's (TVA's) boundary line,
With the 1742-foot contour as it meanders in a northwesterly
direction and subsequently in a northeasterly direction to the point of
beginning.
There is hereby expressly EXCEPTED AND EXCLUDED from the land
described above as Parcel No. 12 and from this conveyance 0.5 acre, more
or less, being that portion of the said land which lies below elevation
1747 (MSL).
The land described above as Parcel No. 12, after giving effect to the
exclusion above note, contains 1.5 acres, more or less.
Land lying in the First Civil District of Sullivan County on the
southwest shores of the Fishdam Creek Embayment of South Holston Lake,
approximately 2 1/4 miles east of South Holston Dam, and being all that
land which lies above the 1742-foot (MSL) contour and is contiguous to
and on the lakeward side of a line described as follows:
Beginning at a point (the approximate coordinates of which are N.
799,010 and E. 3,162,890) in the 1742-foot contour on the southwest
shore of the Fishdam Creek Embayment of South Holston Lake and in the
boundary between the lands of the United States of America (TVA) and the
U.S. Forest Service.
From the initial point with the United States of America/s (TVA's)
boundary line,
N. 85 degrees W., approximately 220 feet to a 6-inch chestnut oak
tree;
N. 85 degrees W., 204 feet to a 14-inch oak tree;
S. 22 degrees W., 100 feet to a point at the top of a ridge;
S. 52 degrees W., 155 feet to a point at the top of a ridge;
S. 68 degrees W., 245 feet to a point at the top of a ridge;
S. 79 degrees W., 260 feet to a point at the top of a ridge;
N. 83 degrees W., approximately 230 feet to a point in the 1742-foot
contour on the shore of an inlet of South Holston Lake.
There are hereby expressly EXCEPTED AND EXCLUDED from the land
described above as Parcel No. 13 and from this conveyance 3.9 acres,
more or less, being that portion of the said land which lies below
elevation 1747 (MSL).
The land described above as Parcel No. 13, after giving effect to the
exclusion above noted, contains 36.6 acres, more or less.
Land lying in the First Civil District of Sullivan County on the
southeast shores of South Holston Lake, approximately 1 mile east of
South Holston Dam, and being all that land which lies above the
1742-foot (MSL) contour and is contiguous to and on the lakeward side of
a line described as follows:
Beginning at a point (the approximate coordinates of which are N.
798,630 and E. 3,161,300) in the 1742-foot contour on the southwest
shore of an inlet on the east side of the Litt Oak Branch Embayment of
South Holston Lake and in the boundary between the lands of the United
States of America (TVA) and the U.S. Forest Service.
From the initial point with the United States of America's (TVA's)
boundary line.
S. 11 degrees W., approximately 70 feet to a stone;
S. 40 degrees W., 136 feet;
S. 44 degrees W., 160 feet;
S. 52 degrees W., 132 feet to U.S. Forest Service Monument No. 548 at
the top of a ridge;
With the top of the ridge as it meanders in a southeasterly direction
approximately along the following bearings and distances:
S. 26 degrees E., 240 feet,
S. 13 degrees E., 360 feet to a 6-inch dogwood tree,
S. 47 degrees E., 460 feet,
S. 31 degrees E., 220 feet to a stake;
Leaving the top of the ridge, S. 56 degrees W., 340 feet;
S. 13 degrees W., 260 feet;
S. 32 degrees W., 210 feet;
S. 80 degrees W., 240 feet;
N. 72 degrees W., 585 feet to a 12-inch oak tree at the top of a
ridge;
With the top of the ridge as it meanders in a general westerly
direction approximately along the following bearings and distances:
S. 30 degrees W., 460 feet,
S. 78 degrees W., 360 feet,
S. 41 degrees W., 310 feet to a triple chestnut tree,
N. 85 degrees W., 245 feet,
N. 33 degrees W., 255 feet,
N. 48 degrees W., 265 feet;
Leaving the top of the ridge, S. 84 degrees 49' W., 102 feet to U.S.
Forest Service Monument No. 551;
N. 26 degrees 18' E., 79 feet to a post;
N. 23 degrees 19' W., 405 feet to a 15-inch black gum tree;
N. 14 degrees 31' W., 1010 feet to a pine stump;
N. 27 degrees 25' W., 880 feet to a stone;
S. 47 degrees W., 1117 feet to a stake;
S. 2 degrees 35' W., approximately 680 feet to a point in the
1742-foot contour on the northwest shore of an embayment of South
Holston Lake;
Leaving the United States of America's (TVA's) boundary line,
With the 1742-foot contour as it meanders in a southwesterly
direction approximately 190 feet to a point in the boundary between the
lands of the United States of America (TVA) and the U.S. Forest Service.
With the United States of America's (TVA's) boundary line,
Leaving the contour, N. 80 degrees 11' W., approximately 120 feet to
a point in the 1742-foot contour on the north shore of the said
embayment of South Holston Lake.
Also two islands formed by the 1742-foot (MSL) contour and lying in
South Holston Lake in the vicinity of the above described mainland, the
dimensions and the approximate coordinates of the center of each of the
islands being defined as follows:
(1) An island having a length of approximately 1230 feet and an
approximate maximum width of 760 feet, the coordinates of the center of
the island being approximately N. 798,600 and E. 3,156,260.
(2) An island having a length of approximately 1000 feet and an
approximate maximum width of 570 feet, the coordinates of the center of
the island being approximately N. 798,520 and E. 3,155,020.
There are hereby expressly EXCEPTED AND EXCLUDED from the land
described above as Parcel No. 14 and from this conveyance 23.5 acres,
more or less, being those portions of the said land which lie below
elevation 1747 (MSL).
The land described above as Parcel No. 14, after giving effect to the
exclusion above note, contains 235, acres, more or less.
Two islands formed by the 1742-foot (MSL) contour and lying in South
Holston Lake in the First Civil District of Sullivan County,
approximately 3/4 mile east of South Holston Dam, the said islands being
more particularly described as follows:
An island having a length of approximately 690 feet and an
approximate maximum width of 330 feet, the center of the island being
defined approximately by the coordinates N. 797,920 and E. 3,153,700.
An island having a length of approximately 330 feet and an
approximate maximum width of 140 feet, the center of the island being
defined approximately by the coordinates N. 796,730 and E. 3,155,200.
There are hereby expressly EXCEPTED AND EXCLUDED from the land
described above as Parcel No. 15 and from this conveyance 1.3 acres,
more or less, being those portions of the said land which lie below
elevation 1747(MSL).
The land described above as Parcel No. 15, after giving effect to the
exclusion above note, contains 3.3 acres, more or less.
A tract of land lying in the First Civil District of Sullivan County
on the southwest shore of the Josiah Branch Embayment of South Holston
Lake, approximately 1 mile southeast of South Holston Dam, and more
particularly described as follows:
Beginning at U.S. Forest Service Monument No. 194 (the approximate
coordinates of which are N. 794,400 and E. 3,154,890) in the boundary
between the lands of the United States of America (TVA) and the U.S.
Forest Service.
From the initial point with the United States of America's (TVA's)
boundary line,
N. 88 degrees W., approximately 470 feet to a point in the 1742-foot
contour on the northeast shore of an inlet of South Holston Lake;
Leaving the United States of America's (TVA's) boundary line,
With the 1742-foot contour as it meanders around the north end of the
inlet in a westerly direction to a point in the westerly prolongation of
the last mentioned straight line course and in the boundary between the
lands of the United States of America (TVA) and the U.S. Forest Service;
With the United States of America's (TVA's) boundary line,
Leaving the contour, N. 88 degrees W., approximately 110 feet to a
fallen 6-inch white oak tree;
N. 10 degrees W., approximately 730 feet to a point in the 1742-foot
contour on the shore of the Josiah Creek Embayment;
Leaving the United States of America's (TVA's) boundary line,
With the 1742-foot contour as it meanders in a general southeasterly
direction to a point in the boundary between the lands of the United
States of America (TVA) and the U.S. Forest Service;
With the United States of America's (TVA's) boundary line,
Leaving the contour, N. 88 degrees W., approximately 180 feet to a
point of beginning.
There is hereby expressly EXCEPTED AND EXCLUDED from the lands
described above as Parcel No. 16 and from this conveyance 0.9 acre, more
or less, being those portions of the said land which lie below elevation
1747 (MSL).
The land described above as Parcel No. 16, after giving effect to the
exclusion above note, contains 8.0 acres, more or less.
A tract of land lying in the First Civil District of Sullivan County
on the east shore of the Big Creek Embayment of South Holston Lake,
approximately 1 mile southeast of South Holston Dam, and more
particularly described as follows:
Beginning at a point (the approximate coordinates of which are N.
794,370 and E. 3,153,350), a corner in the boundary between the lands of
the United States of America (TVA) and the U.S. Forest Service.
From the initial point with the United States of America's (TVA's)
boundary line,
N. 75 degrees W., approximately 20 feet to a point in the 1742-foot
contour on the east shore of the Big Creek Embayment;
Leaving the United States of America's (TVA's) boundary line,
With the 1742-foot contour as it meanders in a northerly direction
and subsequently in a southeasterly direction to a point in the boundary
between the lands of the United States of America (TVA) and the U.S.
Forest Service;
With the United States of America's (TVA's) boundary line,
Leaving the contour, S. 4 degrees 30' E., ,approximately 590 feet to
the point of beginning.
There is hereby expressly EXCEPTED AND EXCLUDED from the land
described above as Parcel No. 17 and from this conveyance 0.7 acre, more
or less, being that portion of the said land which lies below elevation
1747 (MSL).
The land described above as Parcel No. 17, after giving effect to the
exclusion above noted, contains 0.9 acre, more or less.
A tract of land lying the First Civil District of Sullivan County on
the west shore of the Big Creek Embayment of South Holston Lake,
approximately 3/4 mile southeast of South Holston Dam, and more
particularly described as follows:
Beginning at a 14-inch gum tree (the approximate coordinates of which
are N. 794,000 and E. 3,151,400) at a corner in the boundary between the
lands of the United States of America (TVA) and the U.S. Forest Service.
From the initial point with the United States of America's (TVA's)
boundary line,
Due north, 140 feet to a stone;
N. 4 degrees E., 475 feet to a persimmon snag;
N. 18 degrees W., 405 feet;
S. 87 degrees W., approximately 280 feet to a point in the 1742-foot
contour on the east shore of the Riddle Creek Embayment of South Holston
Lake;
Leaving the United States of America's (TVA's) boundary line,
With the 1742-foot contour as it meanders in a northeasterly
direction and thence up the Big Creek Embayment in a southerly direction
to a point in the boundary between the lands of the United States of
America (TVA) and the U.S. Forest Service;
With the United States of America's (TVA's) boundary line,
Leaving the contour, N. 59 degrees W., approximately 130 feet to the
point of beginning.
There are hereby expressly EXCEPTED AND EXCLUDED from the land
described above as Parcel No. 18 and from this conveyance 1.5 acres,
more or less, being that portion of the said land which lies below
elevation 1747 (MSL).
The land described above as Parcel No. 18, after giving effect to the
exclusion above noted, contains 10.0 acres, more or less.
A tract of land lying in the First Civil District of Sullivan County
on the eash shores of the Big Creek Embayment of South Holston Lake,
approximately 1 1/2 miles southeast of South Holston Dam, and more
particularly described as follows:
Beginning at a 6-inch white oak tree (the approximate coordinates of
which are N. 791,330 and E. 3,153,460) at a corner in the boundary
between the lands of the United States of America (TVA) and the U.S.
Forest Service.
From the initial point with the United States of America's (TVA's)
boundary line,
S. 51 degrees W., approximately 400 feet to a point in the 1742-foot
contour on the east shore of the Big Creek Embayment;
Leaving the United States of America's (TVA's) boundary line,
With the 1742-foot contour as it meanders in a northerly direction
and subsequently in a southeasterly direction to a point in the boundary
between the lands of the United States of America (TVA) and the U.S.
Forest Service;
With the United States of America's (TVA's) boundary line,
Leaving the contour, S. 24 degrees E., approximately 70 feet to the
point of beginning.
There is hereby expressly EXCEPTED AND EXCLUDED from the land
described above as Parcel No. 19 and from this conveyance 0.6 acre, more
or less, being that portion of the said land which lies below elevation
1747 (MSL).
The land described above as Parcel No. 19, after giving effect to the
exclusion above noted, contains 2.0 acres, more or less.
A tract of land lying the First Civil District of Sullivan County on
the east shores of the Riddle Creek Embayment of South Holston Lake,
approximately 2 miles south of South Holston Dam, and more particularly
described as follows:
Beginning at a point (the approximate coordinates of which are N.
787,560 and E. 3,146,900) in the 1742-foot contour on the east shore of
the Riddle Creek Embayment and in the boundary between the lands of the
United States of America (TVA) and the U.S. Forest Service;
From the initial point,
With the United States of America's (TVA's) boundary line,
Leaving the contour, S. 88 degrees 03' W., approximately 240 feet to
the point of beginning.
There is hereby expressly EXCEPTED AND EXCLUDED from the land
described above as Parcel No. 20 and from this conveyance 0.6 acre, more
or less, being that portion of the said land which lies below elevation
1747 (MSL).
The land described above as Parcel No. 20, after giving effect to the
exclusion above noted, contains 2.1 acres, more or less.
A tract of land lying in the First Civil District of Sullivan County
on the west shores of the Riddle Creek Embayment of South Holston Lake,
approximately 1 1/4 miles southwest of South Holston Dam, and more
particularly described as follows:
Beginning at a 20-inch dead chestnut tree (Coordinates: N. 790,064;
E. 3,145,269) at the top of a ridge and in the boundary of the United
States of America's land at a corner of the lands of the M. J. Morrell
Heirs and O. A. Stophel.
From the initial point with the United States of America's boundary
line,
N. 12 degrees 37' E., 197 feet to a chestnut stump;
N. 3 degrees 56' E., 189 feet;
N. 7 degrees 06' E., 1118 feet;
N. 7 degrees 23' E., 484 feet;
N. 8 degrees 23' E., 433 feet to a 6-inch hacked locust tree;
N. 7 degrees 18' E., 236 feet to an 8-inch pine tree;
N. 7 degrees 57' E., 608 feet to US-TVA Monument 4-46;
Leaving the United States of America's boundary line,
S. 1 degrees 28' E., 1782 feet to a metal marker;
S. 25 degrees 57' E., 130 feet to a metal marker;
S. 26 degrees 11' E., 721 feet;
S. 25 degrees 56' E., 1638 feet to US-TVA Monument 4-58 in the
1747-foot contour on the west shore of the Riddle Creek Embayment;
S. 25 degrees 56' E., approximately 15 feet to a point in the
1742-foot contour;
With the 1742-foot contour as it meanders in a general southerly
direction to a point in the boundary between the lands of the United
States of America (TVA) and the U.S. Forest Service;
With the United States of America's (TVA's) boundary line,
Leaving the contour, S. 25 degrees 18' W., approximately 60 feet to
an 18-inch cedar tree at the top of a ridge;
With the top of the ridge as it meanders in a westerly direction
approximately along the following bearings and distances;
N. 77 degrees W., 810 feet,
N. 54 degrees W., 610 feet to a point (Coordinates: N. 787,751; E.
3,144,864);
Leaving the top of the ridge, N. 20 degrees 02' E., 181 feet;
N. 6 degrees 46' E., 119 feet;
N. 7 degrees 23' E., 171 feet;
N. 38 degrees 13' E., 221 feet;
N. 29 degrees 01' E., 167 feet;
N. 4 degrees 08' W., 97 feet to a point at the top of a ridge;
With the top of the ridge as it meanders in a northerly direction
approximately along the following bearings and distances;
N. 43 degrees W., 430 feet,
N. 5 degrees W., 700 feet;
Leaving the top of the ridge, N. 63 degrees 54' E., 334 feet;
N. 28 degrees 03' E., 310 feet to the point of beginning.
There are hereby expressly EXCEPTED AND EXCLUDED from the land
described above as Parcel No. 21 and from this conveyance 1.7 acres,
more or less, being that portion of the said land which lies below
elevation 1747 (MSL).
The land described above as Parcel No. 21, after giving effect to the
exclusion above noted, contains 129. acres, more or less.
A tract of land lying in the First Civil District of Sullivan County
on the west shores of the Riddle Creek Embayment of South Holston Lake,
approximately 1/2 mile south of the South Holston Dam, and more
particularly described as follows:
Beginning at U.S. Forest Service Corner No. 189 (Coordinates: N.
793,675; E. 3,147,928) at the top of a ridge and in the boundary of the
United States of America's (TVA's) land at a corner of the lands of the
U.S. Forest Service and William Oscar Stophel.
From the initial point with the United States of America's boundary
line,
S. 86 degrees 18' W., 201 feet to a metal marker;
N. 49 degrees 46' W., 477 feet to a metal marker;
N. 33 degrees 41' W., 573 feet to a metal marker;
N. 7 degrees 59' W., 511 feet to a metal marker;
N. 21 degrees 32' E., 368 feet to a metal marker;
N. 6 degrees 59' E., 280 feet to a metal marker;
No. 68 degrees 53' W., 479 feet to a metal marker;
S. 87 degrees 02' W., 199 feet to a metal marker;
S. 67 degrees 36' W., 309 feet to a metal marker;
N. 85 degrees 53' W., 200 feet to a stone;
S. 67 degrees 34' W., 399 feet to a stone;
N. 5 degrees 32' W., 355 feet to a stone;
N. 5 degrees 40; W., 1058 feet to a stone;
Leaving the United States of America's boundary line,
N. 5 degrees 35' W., 918 feet to US-TVA Monument 2-82;
S. 63 degrees 45' E., 3709 feet to a corner in the boundary between
the lands of the United States of America (TVA) and the U.S. Forest
Service;
With the United States of America's (TVA's) boundary line,
S. 12 degrees 04 feet E., 2042 feet;
S. 69 degrees 00 feet W. to a point in the 1742-foot contour on the
east shore of an inlet on the west side of the Riddle Creek Embayment;
Leaving the United States of America's (TVA's) boundary line,
With the 1742-foot contour as it meanders around the north end of the
inlet in a general westerly direction to a point in the boundary between
the lands of the United States of America (TVA) and the U.S. Forest
Service;
With the United States of America's (TVA's) boundary line,
Leaving the contour, S. 69 degrees 00' W., approximately 1080 feet to
the previously mentioned U.S. Forest Service Corner No. 189 at the top
of a ridge;
With the top of the ridge as it meanders in a southerly direction
approximately along the following bearings and distances:
S. 19 degrees E., 660 feet,
S. 8 degrees W., 480 feet to an oak stump (Coordinates: N. 492,584;
E. 3,148,092);
Leaving the top of the ridge, S. 52 degrees 28' E., 97 feet to a
4-inch hickory tree;
N. 35 degrees 17' E., approximately 790 feet, passing a metal marker
in the 1747-foot contour at 772 feet, to a point in the 1742-foot
contour on the south shore of an inlet on the west side of the Riddle
Creek Embayment;
Leaving the United States of America's boundary line,
With the 1742-foot contour as it meanders in an easterly direction to
the mouth of the inlet and thence up the embayment in a general
southwesterly direction;
Leaving the contour, N. 29 degrees 36' W., approximately 10 feet to
US-TVA Monument 4-64 (Coordinates: N. 790,162; E. 3,147,606) in the
1747-foot contour;
N. 29 degrees 36' W., 284 feet to a metal marker;
N. 27 degrees 21' W., 680 feet to a metal marker;
N. 25 degrees 15' W., 824 feet to a metal marker;
N. 12 degrees 35' W., 170 feet to a metal marker;
N. 11 degrees 23' W., 938 feet to a metal marker;
N. 11 degrees 28' W., 316 feet to a point in the boundary of the
United States of America's land;
With the United States of America's boundary line,
N. 69 degrees 25' E., 1512 feet to the point of beginning.
Also an island formed by the 1742-foot contour and lying in South
Holston Lake in the vicinity of the above described mainland, the said
island having a length of approximately 280 feet and an approximate
maximum width of 120 feet, the center of the island being defined
approximately by the coordinates N. 790,600 and E. 3,148,680.
There are hereby expressly EXCEPTED AND EXCLUDED from the land
described above as Parcel No. 22 and from this conveyance 2.8 acres,
more or less, being those portions of the said land which lie below
elevation 1747 (MSL).
The land described above as Parcel No. 22, after giving effect to the
exclusion above noted, contains 273. acres, more or less.
A tract of land lying in the First Civil District of Sullivan County
on the north shores of the Riddle Creek Embayment of South Holston Lake,
approximately 3/4 mile south of South Holston Dam, and more particularly
described as follows:
Beginning at a point (the approximate coordinates of which are N.
793,830 and E. 3,149,550) in the 1742-foot contour on the southwest
shore of an inlet of the Riddle Creek Embayment and in the boundary
between the lands of the United States of America (TVA) and the U.S.
Forest Service.
From the initial point,
With the 1742-foot contour as it meanders in a southeasterly
direction thence in a westerly direction, and subsequently in a
northwesterly direction to a point in the boundary between the lands of
the United States of America (TVA) and the U.S. Forest Service;
With the United States of America's (TVA's) boundary line,
Leaving the contour, No. 89 degrees 30' E., approximately 250 feet to
the point of beginning.
There is hereby expressly EXCEPTED AND EXCLUDED from the land
described above as Parcel No. 23 and from this conveyance 0.3 acre, more
or less, being that portion of the said land which lies below elevation
1747 (MSL).
The land described above as Parcel No. 23, after giving effect to the
exclusion above noted, contains 1.3 acres, more or less.
A tract of land lying in the First Civil District of Sullivan County
on the west shores of the Riddle Creek Embayment of South Holston Lake,
approximately 3/4 mile south of South Holston Dam, and more particularly
described as follows:
Beginning at a point (the approximate coordinates of which are N.
793,830 and E., 3,150,330) in the 1742-foot contour on the west shore of
the Riddle Creek Embayment and in the boundary between the lands of the
United States of America (TVA) and the U.S. Forest Service.
From the initial point,
With the 1742-foot contour as it meanders in a southerly direction
and subsequently in a northwesterly direction to a point in the boundary
between the lands of the United States of America (TVA) and the U.S.
Forest Service;
With the United States of America's (TVA's) boundary line,
Leaving the contour, N. 89 degrees 30' E., approximately 230 feet to
the point of beginning.
There is hereby expressly EXCEPTED AND EXCLUDED from the land
described above as Parcel No. 24 and from this conveyance 0.2 acre, more
or less, being that portion of the said land which lies below elevation
1747 (MSL).
The land described above as Parcel No. 24, after giving effect to the
exclusion above noted, contains 0.9 acre, more or less.
A tract of land lying in the First Civil District of Sullivan County
on the west shore of and at the mouth of the Riddle Creek Embayment of
South Holston Lake, approximately 3/8 mile south of South Holston Dam,
and more particularly described as follows:
Beginning at a metal marker (Coordinates: N. 796,353; E. 3,149,788)
at a corner in the boundary between the lands of the United States of
America (TVA) and the U.S. Forest Service.
From the initial point,
N. 79 degrees 01' E., 127 feet, passing a metal marker in the
1747-foot contour at 117 feet, to a point in the 1742-foot contour on
the shore of the Riddle Creek Embayment.
With the 1742-foot contour as it meanders in a southerly direction to
a point in the boundary between the lands of the United States of
America (TVA) and the U.S. Forest Service;
With the United States of America's (TVA's) boundary line,
Leaving the contour, N. 15 degrees W., approximately 60 feet to a
stone;
N. 19 degrees W., 540 feet to the point of beginning.
There is hereby expressly EXCEPTED AND EXCLUDED from the land
described above as Parcel No. 25 and from this conveyance 0.3 acre, more
or less, being that portion of the said land which lies below elevation
1747 (MSL).
The land described above as Parcel No. 25, after giving effect to the
exclusion above noted, contains 1.6 acres, more or less.
Land lying in the Abingdon and Goodson Magisterial Districts of
Washington County, on the southeast shores of South Holston Lake, north
of and adjacent to the Virginia-Tennessee state line, and being all that
land which lies above the 1742-foot (MSL) contour and is contiguous to
and on the lakeward side of a line described as follows:
Beginning at a point in the 1742-foot contour on the southeast shore
of South Holston Lake and in the boundary between the lands of the
United States of America and Charles K. Brown.
From the initial point with the United States of America's boundary
line,
S. 25 degrees 04' E., approximately 20 feet to a point (Coordinates:
N. 120,969; E. 978,608) in the 1747-foot contour;
S. 21 degrees 59' E., 332 feet to a point at the top of a ridge;
S. 24 degrees 24' W., 872 feet to a hickory stump;
S. 30 degrees 29' E., 834 feet;
S. 39 degrees 52' W., 137 feet;
S. 42 degrees 21' W., 55 feet;
S. 55 degrees 15' W., 374 feet;
S. 22 degrees 30' W., 671 feet to a chestnut stump at the top of a
ridge;
With the top of a ridge as it meanders in a general southeasterly
direction approximately along the following bearings and distances:
S. 47 degrees E., 390 feet,
S. 35 degrees E., 305 feet to a point in the center of a junction of
ridges,
S. 84 degrees 37' E., 155 feet to a 30-inch chestnut oak tree in the
center of a junction of ridges,
S. 27 degrees E., 160 feet,
S. 5 degrees W., 570 fett;
Leaving the top of the ridge, S. 11 degrees W., 630 feet;
S. 20 degrees 46' E., 475 feet to a 6-inch chestnut oak tree
(Coordinates: N. 115,865; E. 978,781) at the top of a ridge;
With the top of a ridge as it meanders in a general westerly
direction approximately along the following bearings and distances:
S. 66 degrees W., 340 feet,
N. 85 degrees W., 310 feet,
S. 34 degrees W., 465 feet,
S. 74 degrees W., 245 feet,
N. 63 degrees W., 210 feet to a 14-inch pine tree in the center of a
junction of ridges,
N. 70 degrees W., 550 feet,
N. 41 degrees W., 675 feet to a 3-inch oak tree,
N. 71 degrees 2., 280 feet to a pine stump in the center of a
junction of ridges,
N. 10 degrees E., 230 feet,
N. 6 degrees W., 210 feet to a point in the center of a junction of
ridges,
N. 40 degrees W., 330 feet,
N. 31 degrees W., 300 feet to an oak stump in the center of a
junction of ridges,
N. 82 degrees W., 200 feet to a 12-inch post oak tree in the center
of a junction of ridges,
S. 62 degrees 24' W., 749 feet to an 8-inch hickory tree,
S. 21 degrees 33' W., 142 feet to a 14-inch red oak tree,
S. 44 degrees 47' W., 444 feet to a 14-inch pine tree;
S. 34 degrees W., 130 feet to a 12-inch pine tree,
S. 57 degrees W., 430 feet,
Due west, 320 feet,
S. 65 degrees W., 310 feet;
Leaving the top of the ridge, S. 14 degrees 50' W., 305 feet to a
24-inch oak snag;
S. 75 degrees 06' W., 486 feet to a 6-inch hickory tree (Coordinates:
N. 115,461; E. 973,100) at the top of a ridge;
With the top of the ridge as it meanders in a general southwesterly
direction approximately along the following bearings and distances:
S. 5 degrees E., 480 feet,
N. 87 degrees W., 320 feet,
S. 47 degrees W., 450 feet,
S. 14 degrees W., 580 feet to a chestnut stump (Coordinates: N.
114,114; E. 972,396) in the Virginia-Tennessee state line;
Leaving the United States of America's boundary and the top of the
ridge,
With the Virginia-Tennessee state line, N. 88 degrees 38' W.,
approximately 1307 feet, passing a metal marker in the 1747-foot contour
at 1282 feet, to a point in the 1742-foot contour on the southeast shore
of an inlet of South Holston Lake.
There are hereby expressly EXCEPTED AND EXCLUDED from the land
described above as Parcel No. 26 and from this conveyance 21.5 acres,
more or less, being those portions of the said land which lie below
elevation 1747 (MSL).
The land described above as Parcel No. 26, after giving effect to the
exclusion above noted, contains 453, acres, more or less.
All of the tracts hereinabove described as Parcel No. 1 through
Parcel No. 26, inclusive, contain a total of 3,739 acres, more or less.
Note: the positions of corners and directions of lines for the lands
comprising Parcel No. 1 through Parcel No. 26 proposed for transfer to
the U.S. Forest Service which are located in the Commonwealth of
Virginia are referred to the Virginia (South) Coordinate System, and
those which are located in the State of Tennessee are referred to the
Tennessee Coordinate System.
The contour elevation is based on MSL Datum as established by the
USC&GS Southeastern Supplementary Adjustment of 1936. The boundary
markers designated US-TVA Monument" are concrete monuments capped by
bronze tablets imprinted with the given numbers.
THE WHITE HOUSE,
November 27, 1962.
JOHN F. KENNEDY
/6/ 16 U.S.C.A. 831c(k)(c).
/7/ 3 U.S.C.A. 301 note.
/8/ 16 U.S.C.A. 471 and 473.
Executive Order No. 11065, 27 F.R. 11581, November 27, 1962
By virtue of the authority vested in me by section 55(a) of the
Internal Revenue Code of 1939, as amended (53 Stat. 29, 54 Stat. 1008;
26 U.S.C.(1952Ed.) 55(a)), and by section 6103(a) of the Internal
Revenue Code of 1954 (68A Stat. 753; 26 U.S.C. 6103(a)), /5/ it is
hereby ordered that any income, excess-profits, estate, or gift tax
return for the years 1950 to 1962, inclusive, shall, during the
Eighty-seventh Congress, be open to inspection by the Senate Committee
on Foreign Relations or any duly authorized subcommittee thereof, in
connection with its study of all nondiplomatic activities of
representatives of foreign governments, and their contractors and
agents, in promoting the interests of those governments, and the extent
to which such representatives attempt to influence the policies of the
United States and affect the national interest, pursuant to Senate
Resolution 362, 87th Congress, agreed to July 12, 1962, such inspection
to be in accordance and upon compliance with the rules and regulations
prescribed by the Secretary of the Treasury in Treasury Decision 6132
and 6133, relating to the inspection of returns by committees of the
Congress, approved by the President on May 3, 1955.
This order shall be effective upon its filing for publication in the
FEDERAL REGISTER.
THE WHITE HOUSE,
November 21, 1962.
JOHN F. KENNEDY
/5/ 26 U.S.C.A.(I.R.C. 1954) 6103(a).
Executive Order No. 11064, 27 F.R. 11579, November 27, 1962, EXCUSING
FEDERAL EMPLOYEES FROM DUTY
By virtue of the authority vested in me as President of the United
States, it is hereby ordered that employees of the several executive
departments, independent establishments, and other governmental
agencies, including the General Accounting Office, the Government
Printing Office, and the field services of the respective departments,
establishments, and agencies of the Government, except those who may for
special public reasons be excluded from the provisions of this order by
the heads of their respective departments, establishments, or agencies,
or those whose absence from duty would be inconsistent with the
provisions of the existing law, shall be excused from duty on Monday,
December 24, 1962, the day preceding Christmas Day. Such day shall be
considered a holiday within the meaning of Executive Order No. 10358 of
June 9, 1952, and of all statutes so far as they relate to the
compensation and leave of employees of the United States.
The heads of departments, agencies, and independent establishments
shall, to the extent consistent with the needs of the service, adopt a
liberal policy for the granting of annual leave to all employees who
wish to take such leave over the holiday period.
This order shall not be construed as excusing from duty those
employees of the Department of State, the Department of Defense, or
other departments, establishments, or agencies who for national security
or other public reasons should, in the judgment of the respective heads
thereof, be at their posts of duty.
THE WHITE HOUSE,
November 21, 1962.
JOHN F. KENNEDY
Executive Order No. 11063, 27 F.R. 11527, November 24, 1962, EQUAL
OPPORTUNITY IN HOUSING
WHEREAS the granting of Federal assistance for the provision,
rehabilitation, or operation of housing and related facilities from
which Americans are excluded because of their race, color, creed, or
national origin is unfair, unjust, and inconsistent with the public
policy of the United States as manifested in its Consitution and laws;
and
WHEREAS the Congress in the Housing Act of 1949 has declared that the
general welfare and security of the Nation and the health and living
standards of its people require the realization as soon as feasible of
the goal of a decent home and a suitable living environment for every
American family; and
WHEREAS discriminatory policies and practices based upon race, color,
creed, or national origin now operate to deny many Americans the
benefits of housing financed through Federal assistance and as a
consequence prevent such assistance from providing them with an
alternative to substandard, unsafe unsanitary, and overcrowded housing;
and
WHEREAS such discriminatory policies and practices result in
segregated patterns of housing and necessarily produce other forms of
discrimination and segregation which deprive many Americans of equal
opportunity in the exercise of their unalienable rights to life,
liberty, and the pursuit of happiness; and
WHEREAS the executive branch of the Government, in faithfully
executing the laws of the United States which authorize Federal
financial assistance directly or indirectly, for the provision,
rehabilitation, and operation of housing and related facilities, is
charged with an obligation and duty to assure that those laws are fairly
administered and that benefits thereunder are made available to all
Americans without regard to their race, color, creed, or national
origin:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States by the Constitution and laws of the United States,
it is ordered as follows:
Section 101. I hereby direct all departments and agencies in the
executive branch of the Federal Government, insofar as their functions
related to the provision, rehabilitation, or operation of housing and
related facilities, to take all action necessary and appropriate to
prevent discrimination because of race, color, creed, or national
origin--
(a) in the sale, leasing, rental, or other disposition of residential
property and related facilities (including land to be developed for
residential use), or in the use or occupancy thereof, if such property
and related facilities are--
(i) owned or operated by the Federal Government, or
(ii) provided in whole or in part with the aid of loans, advances,
grants, or contributions hereafter agreed to be made by the Federal
Government, or
(iii) provided in whole or in part by loans hereafter insured,
guaranteed, or otherwise secured by the credit of the Federal
Government, or
(iv) provided by the development or the redevelopment of real
property purchased, leased, or otherwise obtained from a State or local
public agency receiving Federal financial assistance for slum clearance
or urban renewal with respect to such real property under a loan or
grant contract hereafter entered into; and
(b) in the lending practices with respect to residential property and
related facilities (including land to be developed for residential use)
of lending institutions, insofar as such practices relate to loans
hereafter insured or guaranteed by the Federal Government.
Sec. 102. I hereby direct the Housing and Home Finance Agency and
all other executive departments and agencies to use their good offices
and to take other appropriate action permitted by law, including the
institution of appropriate litigation, if required, to promote the
abandonment of discriminatory practices with respect to residential
property and related facilities heretofore provided with Federal
financial assistance of the types referred to in Section 101(a);ii),
(iii), and (iv).
Sec. 201. Each executive department and agency subject to this order
is directed to submit to the President's Committee on Equal Opportunity
in Housing established pursuant to Part IV of this order (hereinafter
sometimes referred to as the Committee), within thirty days from the
date of this order, a report outlining all current programs administered
by it which are affected by this order.
Sec. 202. Each such department and agency shall be primarily
responsible for obtaining compliance with the purposes of this order as
the order applies to programs administered by it; and is directed to
cooperate with the Committee, to furnish it, in accordance with law,
such information and assistance as it may request in the performance of
its functions, and to report to it at such intervals as the Committee
may require.
Sec. 203. Each such department and agency shall, within thirty days
from the date of this order, issue such rules and regulations, adopt
such procedures and policies, and make such exemptions and exceptions as
may be consistent with law and necessary or appropriate to effectuate
the purposes of this order. Each such department and agency shall
consult with the Committee in order to achieve such consistency and
uniformity as may be feasible.
Sec. 301. The Committee, any subcommittee thereof, and any officer
or employee designated by any executive department or agency subject to
this order may hold such hearings, public or private, as the Committee,
department, or agency may deem advisable for compliance, enforcement, or
educational purposes.
Sec. 302. If any executive department or agency subject to this
order concludes that any person or firm (including but not limited to
any individual, partnership, association, trust or corporation) or any
State or local public agency has violated any rule, regulation, or
procedure issued or adopted pursuant to this order, or any
nondiscrimination provision included in any agreement or contract
pursuant to any such rule, regulation, or procedure, it shall endeavor
to end and remedy such violation by informal means, including
conference, conciliation, and persuasion unless similar efforts made by
another Federal department or agency have been unsuccessful. In
conformity with rules, regulations, procedures, or policies issued or
adopted by it pursuant to Section 203 hereof, a department or agency may
take such action as may be appropriate under its governing laws,
including, but not limited to, the following:
It may--
(a) cancel or terminate in whole or in part any agreement or contract
with such person, firm, or State or local public agency providing for a
loan, grant, contribution, or other Federal aid, or for the payment of a
commission or fee;
(b) refrain from extending any further aid under any program
administered by it and affected by this order until it is satisfied that
the affected person, firm, or State or local public agency will comply
with the rules, regulations, and procedures issued or adopted pursuant
to this order, and any nondiscrimination provisions included in any
agreement or contract;
(c) refuse to approve a lending institution or any other lender as a
beneficiary under any program administered by it which is affected by
this order or revoke such approval if previously given.
Sec. 303. In appropriate cases executive departments and agencies
shall refer to the Attorney General violations of any rules,
regulations, or procedures issued or adopted pursuant to this order, or
violations of any nondiscrimination provisions included in any agreement
or contract, for such civil or criminal action as he may deem
appropriate. The Attorney General is authorized to furnish legal advice
concerning this order to the Committee and to any department or agency
requesting such advice.
Sec. 304. Any executive department or agency affected by this order
may also invoke the sanctions provided in Section 302 where any person
or firm, including a lender, has violated the rules, regulations, or
procedures issued or adopted pursuant to this order, or the
nondiscrimination provisions included in any agreement or contract, with
respect to any program affected by this order administered by any other
executive department or agency.
Sec. 401. There is hereby established the President's Committee on
Equal Opportunity in Housing which shall be composed of the Secretary of
the Treasury; the Secretary of Defense; the Attorney General; the
Secretary of Agriculture; the Housing and Home Finance Administrator;
the Administrator of Veterans Affairs; the Chairman of the Federal Home
Loan Bank Board; a member of the staff of the Executive Office of the
President, and such other members as the President shall from time to
time appoint from the public. The member assigned by the President from
the staff of the Executive Office shall serve as the Chairman and
Executive Director of the Committee. Each department or agency head may
designate an alternate to represent him in his absence.
Sec. 402. Each department or agency subject to this order shall, to
the extent authorized by law (including 214 of the Act of May 3, 1945,
59 Stat. 134 (31 U.S.C. 691), furnish assistance to and defray the
necessary expenses of the Committee.
Sec. 501. The Committee shall meet upon the call of the Chairman and
at such other times as may be provided by its rules. It shall: (a)
adopt rules to govern its deliberations and activities; (b) recommend
general policies and procedures to implement this order; (c) consider
reports as to progress under this order; (d) consider any matters which
may be presented to it by any of its members; and (e) make such reports
to the President as he may require or the Committee shall deem
appropriate. A report to the President shall be made at least once
annually and shall include references to the actions taken and results
achieved by departments and agencies subject to this order.
The Committee may provide for the establishment of subcommittees whose
members shall be appointed by the Chairman.
Sec. 502.(a) The Committee shall take such steps as it deems
necessary and appropriate to promote the coordination of the activities
of departments and agencies under this order. In so doing, the
Committee shall consider the overall objectives of Federal legislation
relating to housing and the right of every individual to participate
without discrimination because of race, color, creed, or national origin
in the ultimate benefits of the Federal programs subject to this order.
(b) The Committee may confer with representatives of any department
or agency, State or local public agency, civic, industry, or labor
group, or any other group directly or indirectly affected by this order;
examine the relevant rules, regulations, procedures, policies, and
practices of any department or agency subject to this order and make
such recommendations as may be necessary or desirable to achieve the
purposes of this order.
(c) The Committee shall encourage educational programs by civic,
educational, religious, industry, labor, and other nongovernmental
groups to eliminate the basic causes of discrimination in housing and
related facilities provided with Federal assistance.
Sec. 503. The Committee shall have an executive committee consisting
of the Committee's Chairman and two other members designated by him from
among the public members. The Chairman of the Committee shall also
serve as Chairman of the Executive Committee. Between meetings of the
Committee, the Executive Committee shall be primarily responsible for
carrying out the functions of the Committee and may act for the
Committee to the extent authorized by it.
Sec. 601. As used in this order, the term "departments and agencies"
includes any wholly-owned or mixed-ownership Government corporation, and
the term "State" includes the District of Columbia, the Commonwealth of
Puerto Rico, and the territories of the United States.
Sec. 602. This order shall become effective immediately.
THE WHITE HOUSE,
November 20, 1962.
JOHN FITZGERALD KENNEDY
Executive Order No. 11062, 27 F.R. 11447, November 21, 1962,
ADMINISTRATION OF THE DEFENSE MOBILIZATION
By virtue of the authority vested in me by the Constitution and laws
of the United States, including Section 301 of the Defense Production
Act of 1950, as amended (50 U.S.C.App. 2091), /3/ and as President of
the United States, Executive Order No. 10480 of August 14, 1953, as
amended, /4/ is hereby further amended by deleting "The Department of
the Army, the Department of the Navy, the Department of the Air Force"
and by inserting in lieu thereof "The Department of Defense".
THE WHITE HOUSE,
November 19, 1962.
JOHN F. KENNEDY
/3/ 50 U.S.C.A.App. 2091.
/4/ 50 U.S.C.A.App. 2153 note.
Executive Order No. 11061, 27 F.R. 10927, November 9, 1962
As a mark of respect to the memory of Mrs. Anna Eleanor Roosevelt, it
is hereby ordered, pursuant to the provisions of Section 4 of
Proclamation 3044 of March 1, 1954, /2/ that until interment the flag of
the United States shall be flown at half-staff on all buildings, grounds
and naval vessels of the Federal Government in the District of Columbia
and throughout the United States and its Territories and possessions. I
also direct that the flag shall be flown at half-staff for the same
length of time at all United States embassies, legations, consular
officers, and other facilities abroad, including all military facilities
and naval vessels and stations.
THE WHITE HOUSE,
November 8, 1962,
JOHN F. KENNEDY
/2/ 1954 U.S.Code Cong.& Adm.News, p. 1767.
Executive Order No. 11060, 27 F.R. 10925, November 9, 1962
Under and by virtue of the authority vested in me by Title 3 of the
United States Code and by Section 2(a) of the Act of September 25, 1962
(Public Law 87-693), /1/ it is hereby ordered as follows:
Section 1. The Director of the Bureau of the Budget shall, for the
purposes of the Act of September 25, 1062, from time to time, determine
and establish rates that represent the reasonable value of hospital,
medical, surgical, or dental care and treatment (including prosthesis
and medical appliances) furnished or to be furnished.
Sec. 2. Except as provided in Section 1 of this order, the Attorney
General shall prescribe regulations to carry out the purposes of the Act
of September 27, 1962.
THE WHITE HOUSE,
November 7, 1962.
JOHN F. KENNEDY
/1/ 42 U.S.C.A. 2652.
Executive Order No. 11059, 27 F.R. 10405, October 25, 1962
WHEREAS the Inter-American Tropical Tuna Commission is an
international organization in which the United States participates
pursuant to the Convention with Costa Rica for the Establishment of an
Inter-American Tropical Tuna Commission, May 31, 1949, 1 UST 230, TIAS
2044; and
WHEREAS the Great Lakes Fishery Commission is an international
organization in which the United States participates pursuant to the
Convention with Canada for the Establishment of a Great Lakes Fishery
Commission, September 10, 1954, 6 UST 2836; TIAS 3326; and
WHEREAS the International Pacific Halibut Commission is an
international organization in which the United States participates
pursuant to the Convention with Canada for the Preservation of the
Halibut Fishery of the Northern Pacific Ocean and Bering Sea, March 2,
1953, 5 UST 5; TIAS 2900, being the last of a series of similar
treaties dating from 1923:
NOW, THEREFORE, by virtue of the authority vested in me by Section 1
of the International Organizations Immunities Act (59 Stat. 669; 22
US.C. 288), /8/ I hereby designate the Inter-American Tropical Tuna
Commissi, the Great Lakes Fishery Commission, and the International
Pacific Halibut Commission as public international organizations
entitled to enjoy the privileges, exemptions, and immunities conferred
by the International Organizations Immunities Act, except those
conferred pursuant to Sections 4(b), 4(e), and 5(a) of that Act.
The designation of the above-named international organizations as
public international organizations within the meaning of the
International Organizations Immunities Act is not intended to abridge in
any respect privileges, exemptions, and immunities which these
organizations may have acquired or may acquire by treaty or
congressional action.
THE WHITE HOUSE,
October 23, 1962.
JOHN F. KENNEDY
/8/ 22 U.S.C.A. 288.
Executive Order No. 11058, 27 F.R. 10403, October 25, 1962,
COMMUNICATION-- RESTRICTED DATA
By virtue of the authority vested in me by the Joint Resolution of
October 3, 1962 (Public Law 87-736), /5/ and by section 301 of title 3
of the United States Code, /6/ and as President of the United States, it
is hereby ordered as follows:
Section 1. The Secretary of Defense, and, when designated by him for
this purpose, any of the Secretaries of the military departments of the
Department of Defense, and the Secretary of the Treasury with respect to
the Coast Guard are hereby authorized and empowered to exercise the
authority vested in the President until February 28, 1963, by section 1
of the Act of October 3, 1962 (Public Law 87-736) to order, without the
consent of the persons concerned, any unit, or any member, of the Ready
Reserve of an armed force to active duty for not more than twelve
consecutive months, provided there are not more than 150,000 members of
the Ready Reserve thereby on active duty (other than for training)
without their consent at any one time.
Sec. 2. In pursuance of the provisions of section 2 of the said
Joint Resolution of October 3, 1962, the Secretary of Defense and the
Secretary of the Treasury with respect to the Coast Guard are hereby
authorized to extend enlistments, appointments, periods of active duty,
periods of active duty for training, periods of obligated service or
other military status in any component of an armed force or in the
National Guard that expire before February 28, 1963, for not more than
twelve months. However, if the enlistment of a member of the Ready
Reserve who is ordered to active duty under section 1 of this Executive
Order would expire after February 28, 1963, but before he has served the
entire period for which he was so ordered to active duty, his enlistment
may be extended until the last day of that period.
Sec. 3. In pursuance of the provisions of section 3 of the said
Joint Resolution of October 3, 1962, no member of the armed forces who
was involuntarily ordered to active duty or whose period of active duty
was extended under the Act of August 1, 1961, Public Law 87-117 (75
Stat. 242), /7/ may be involuntarily ordered to active duty under this
Executive Order.
THE WHITE HOUSE,
October 23, 1962.
JOHN F. KENNEDY
/5/ 10 U.S.C.A. 263 note.
/6/ 3 U.S.C.A. 301.
/7/ 10 U.S.C.A. 263 note.
Executive Order No. 11057, 27 F.R. 10289, October 20, 1962
By virtue of the authority vested in me by the Atomic Energy Act of
1954, as amended (hereinafter referred to as the Act; 42 U.S.C. 2011 et
seq.), /1/ and as President of the United States, it is ordered as
follows:
The Department of State is hereby authorized to communicate, in
accordance with the terms and conditions of any agreement for
cooperation arranged pursuant to subsection 144b of the Act (42 U.S.C.
2164(b)), /2/ such Restricted Data and data removed from the Restricted
Data category under subsection 142d of the Act (42 U.S.C. 2162(d)) /3/
as is determined
(i) by the President, pursuant to the provisions of the Act, or
(ii) by the Atomic Energy Commission and the Department of Defense,
jointly pursuant to the provisions of Executive Order No. 10841, as
amended, /4/
to be transmissible under the agreement for cooperation involved.
Such communications shall be effected through mechanisms established by
the Department of State in accordance with the terms and conditions of
the agreement for cooperation involved: Provided, that no such
communication shall be made by the Department of State until the
proposed communication has been authorized either in accordance with
procedures adopted by the Atomic Energy Commission and the Department of
Defense and applicable to conduct of programs for cooperation by those
agencies, or in accordance with procedures approved by the Atomic Energy
Commission and the Department of Defense and applicable to conduct of
programs for cooperation by the Department of State.
THE WHITE HOUSE,
October 18, 1962.
JOHN F. KENNEDY
/1/ 42 U.S.C.A. 2011 et seq.
/2/ 42 U.S.C.A. 2164(b).
/3/ 42 U.S.C.A. 2162(d).
/4/ 42 U.S.C.A. 2153 note.
Executive Order No. 11056, 27 F.R. 10017, October 12, 1962, FEDERAL
SALARIES
By virtue of the authority vested in me by the last sentence of
Subsection (a) and Subsection (b) of Section 504 of the Federal Salary
Reform Act of 1962 (which Act constitutes Part II of the Postal Service
and Federal Employees Salary Act of 1962, Public Law 87-793, approved
October 11, 1962), /44/ and as President of the United States, it is
ordered as follows:
The Civil Service Commission is hereby designated and authorized to
exercise the authority conferred upon the President by the provisions of
Subsections (a) and (b) of Section 504 of the Federal Salary Reform Act
of 1962 to make certain findings and to establish and revise certain
rates of basic compensation, to the extent that that authority pertains
to positions compensated under Section 603(b) of the Classification Act
of 1949, as amended (5 U.S.C. 1113(b)).
THE WHITE HOUSE,
October 11, 1962.
JOHN F. KENNEDY
/44/ 1962 U.S.Code Cong. & Adm.News, p. 972.
Executive Order No. 11055, 27 F.R. 9981, October 11, 1962
By virtue of the authority vested in me by section 55(a) of the
Internal ; Revenue Code of 1939, as amended (53 Stat. 29; 54 Stat.
1008; 26 U.S.C.(1952Ed.) 55(a)), /40/ and by section 6103(a) of the
Internal Revenue Code of 1954 (68A Stat. 753; 26 U.S.C. 6103(a), /41/
it is hereby ordered that any income tax return for the years 1950 to
1962, inclusive, made by an organization exempt from income tax under
section 101 or 165(a) of the 1939 Code, as amended (53 Stat. 33, 67,
876; 56 Stat. 836, 862, 872. 64 Stat. 953, 959; 65 Stat. 490; 26
U.S.C.(1952Ed.) 101, 165(a)), /42/ or section 501(a) or 521 of the 1954
Code (68A Stat. 163, 176; 26 U.S.C. 501(a), 521), /43/ shall, during
the Eighty-seventh Congress, be open to inspection by the Select
Committee on Small Business, House of Representatives, or any duly
authorized subcommittee thereof, in connection with its study of the
impact of the activities of tax-exempt organizations on small business,
pursuant to House Resolution 46, 87th Congress, agreed to February 6,
1961, such inspection to be in accordance and upon compliance with the
rules and regulations prescribed by the Secretary of the Treasury in
Treasury Decisions 6132 and 6133, relating to the inspection of returns
by committees of the Congress, approved by the President on May 3, 1955.
This order shall become effective upon its filing for publication in
the FEDERAL REGISTER.
THE WHITE HOUSE,
October 9, 1962.
JOHN F. KENNEDY
/40/ 26 U.S.C.A.(1962Edition) 55(a).
/41/ 26 U.S.C.A.(I.R.C.1954) 6103(a).
/42/ 26 U.S.C.A.(1952Edition) 101, 165(a).
/43/ 26 U.S.C.A.(I.R.C.1954) 501(a), 521.
Executive Order No. 11054, 27 F.R. 9695, October 2, 1962
WHEREAS, there exist certain labor disputes between employers (or
associations by which such employers are represented in collective
bargaining conferences) who are (1) steamship companies or who are
engaged as operators or agents for ships engaged in service from or to
Atlantic and Gulf Coast ports from Searsport, Maine, to Brownsville,
Texas, or from or to other ports of the United States or its territories
or possessions, (2) contracting stevedores, (3) contracting marine
carpenters, (4) lighterage operators, or (5) other employers engaged in
related or associated pier activities and certain of their employees
represented by the International Longshoremen's Association, AFL-CIO;
and
WHEREAS, such disputes have resulted in a strike which, if permitted
to continue, will, in my opinion, affect a substantial part of the
maritime industry, an industry engaged in trade, commerce,
transportation, transmission, or communication among the several States
and with foreign nations, and which strike will, if permitted to
continue, imperil the national health and safety and affect the flow and
utilization of necessary perishable products, including food, for
heavily populated coastal, island, and insular areas;
NOW, THEREFORE, by virtue of the authority vested in me by Section
206 of the Labor-Management Relations Act, 1947 (61 Stat. 155; 29
U.S.C. 176), /39/ I hereby create a Board of Inquiry, consisting of
Honorable Robben Wright Fleming, as Chairman, Honorable Vernon H.
Jensen, and Honorable Robert L. Stutz, as Members, whom I hereby appoint
to inquire into the issues involved in such disputes.
The Board shall have powers and duties as set forth in Title II of
such Act. The Board shall report to the President in accordance with
the provisions of Section 206 of such Act on or before Thursday, October
4, 1962.
Upon the submission of its report, the Board shall continue in
existence to perform such other functions as may be required under such
Act.
THE WHITE HOUSE,
October 1, 1962.
JOHN F. KENNEDY
/39/ 29 US.C.A. 176.
Executive Order No. 11053, 27 F.R. 9693, October 2, 1962,
OBSTRUCTIONS OF JUSTICE IN MISSISSIPPI
WHEREAS on September 30, 1962, I issued Proclamation No. 3497 /38/
reading in part as follows:
"WHEREAS the Governor of the State of Mississippi and certain law
enforcement officers and other officials of that State, and other
persons, individually and in unlawful assemblies, combinations and
conspiracies, have been and are willfully opposing and obstructing the
enforcement of orders entered by the United States District Court for
the Southern District of Mississippi and the United States Court of
Appeals for the Fifth Circuit; and
"WHEREAS such unlawful assemblies, combinations and conspiracies
oppose and obstruct the execution of the laws of the United States,
impede the course of justice under those laws and make it impracticable
to enforce those laws in the State of Mississippi by the ordinary course
of judicial proceedings; and
"WHEREAS I have expressly called the attention of the Governor of
Mississippi to the perilous situation that exists and to his duties in
the premises, and have requested but have not received from him adequate
assurances that the orders of the courts of the United States will be
obeyed and that law and order will be maintained:
"NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States
under and by virtue of the authority vested in me by the Constitution
and laws of the United States, including Chapter 15 of Title 10 of the
Unite" States Code, particularly sections 332, 333 and 334 thereof, do
command all persons engaged in such obstructions of justice to cease and
desist therefrom and to disperse and retire peaceably forthwith;" and
WHEREAS the commands contained in that proclamation have not been
obeyed and obstruction of enforcement of those court orders still exists
and threatens to continue:
NOW, THEREFORE, by virtue of the AUTHORITY vested in me by the
Constitution and laws of the United States, including Chapter 15 of
Title 10, particularly Sections 332, 333 and 334 thereof, and Section
301 of Title 3 of the United States Code, it is hereby ordered as
follows:
Section 1. The Secretary Of defense is authorized and directed to
take all appropriate steps to enforce all orders of the United States
District Court for the Southern District of Mississippi and the United
States Court of Appeals for the Fifth Circuit and to remove all
obstructions of justice to the State of Mississippi.
Sec. 2. In furtherance of the enforcement of the aforementioned
orders of the United States District Court for the Southern District of
Mississippi and the United States Court of Appeals for the Fifth
Circuit, the Secretary of Defense is authorized to such such of the
armed forces of the United States as he may deem necessary.
Sec. 3. I hereby authorize the Secretary of Defense to call into the
active military service of the United States, as he may deem appropriate
to carry out the purposes of this order, any or all of the units of the
Army National Guard and of the Air National Guard of the State of
Mississippi to serve in the active military service of the United States
for an indefinite period and until relieved by appropriate orders. In
carrying out the provisions of Section 1, the Secretary of Defense is
authorized to use the units, and members thereof, ordered into the
active military service of the United States pursuant to this section.
Sec. 4. The Secretary of Defense is authorized to delegate to the
Secretary of the Army or the Secretary of the Air Force, or both, any of
the authority conferred upon him by this order.
THE WHITE HOUSE,
September 30, 1962.
JOHN F. KENNEDY
/38/ 1962 U.S.Code Cong. & Adm.News, p. 4234.
Executive Order No. 11052, 27 F.R. 9691, October 2, 1962
By virtue of the authority vested in me by Section 204 of the
Agricultural Act of 1956, as amended (7 U.S.C. 1854; P.L. 86-488, 76
Stat. 104), /36/ and Section 301 of Title 3 of the United States Code,
/37/ and as President of the United States, it is ordered as follows:
Section 1. The President's Cabinet Textile Advisory Committee,
consisting of the Secretaries of State, the Treasury, Agriculture,
Commerce, and Labor with the Secretary of Commerce as Chairman, shall
exercise supervision over the administration of the Long Term
Arrangement Regarding Trade in Cotton Textiles done at Geneva on
February 9, 1962, and shall advise generally with respect to problems
relating to textiles.
Sec. 2.(a) The President's Cabinet Textile Advisory Committee shall
establish a subcommittee to be known as the Interagency Textile
Administrative Committee as a successor to the Interagency Textile
Administrative Committee established October 18, 1961. It shall be
located, for administrative purposes, at the Department of Commerce, and
shall be under the Chairmanship of a designee of the Secretary of
Commerce. This Committee shall be composed of the Chairman and one
representative each from the departments of State, Treasury,
Agriculture, and Labor.
(b) The Interagency Textile Administrative Committee shall recommend
actions to be taken by appropriate officials and agencies of the United
States Government with regard to the rights and obligations of the
United States under the Long Term Arrangement and with regard to such
other matters relating to textiles as may be referred to it by the
President's Cabinet Textile Advisory Committee. In the event of
disagreement within the Interagency Textile Administrative Committee
with respect to a proposed recommendation, it shall be reviewed and
determined by the President's Cabinet Textile Advisory Committee. In
the event of disagreement within the Interagency Textile Administrative
Committee with respect to a proposed recommendation, it shall be
reviewed and determined by the President's Cabinet Textile Advisory
Committee.
Sec. 3. The Secretary of State, after consultation with the
President's Cabinet Textile Advisory Committee in respect of relevant
policies, shall undertake the negotiations contemplated by the Long Term
Arrangement, including bilateral textile agreements. The Secretary of
State shall designate an official of the Department of State to be
Chairman of the United States delegation to the Cotton Textiles
Committee established by the Contracting Parties to the General
Agreement on Tariffs and Trade, and shall request the Secretaries of
Commerce and Labor each to appoint a representative of his Department to
serve on the delegations.
Sec. 4. The Commissioner of Customs shall take such actions as the
Chairman of the President's Cabinet Textile Advisory Committee may, upon
either the unanimous recommendation of the Interagency Textile
Administrative Committee, or the recommendation of the President's
Cabinet Textile Advisory Committee, direct to carry out the Long Term
Arrangement with respect to entry, or withdrawal from warehouse for
consumption in the United States, of cotton textiles and cotton textile
products.
Sec. 5. This order shall be effective October 1, 1962, at 12:01 a.m.
Eastern Daylight Time.
THE WHITE HOUSE,
September 28, 1962.
JOHN F. KENNEDY
/36/ 7 U.S.C.A. 1854.
/37/ 3 U.S.C.A. 301.
Executive Order No. 11051, 27 F.R. 9683, October 2, 1962, EMERGENCY
PLANNING
WHEREAS national preparedness must be achieved and maintained to
support such varying degrees of mobilization as may be required to deal
with increases in international tension, with limited war, or with
general war including attack upon the United States; and
WHEREAS the national security and our continuing economic growth and
prosperity are interdependent, appropriate attention must be directed to
effective coordination of emergency preparedness measures with national
economic policies and objectives; and
WHEREAS mobilization readiness and civil defense activities can by
accomplished most effectively and efficiently through the performance by
departments and agencies of the Government of those emergency
preparedness functions related to their established roles and
capabilities; and
WHEREAS responsibility for emergency preparedness involves virtually
every agency of the Federal Government, and there is need to provide a
central point of leadership and coordination in the Executive Office of
the President:
NOW, THEREFORE by virtue of the authority vested in me as President
of the United States, including the authorities contained in the
National Security Act of 1947, the Defense Production Act of 1950 (50
U.S.C.App. 2061 et seq), /1/ the Federal Civil Defense Act of 1950 (50
U.S.C.App. 2251 et seq.), /2/ and other authorities of law vested in me
pursuant to Reorganization Plan No. 1 of 1958 (72 Stat. 1799), and also
including the authority vested in me by the provisions of Section 301 of
title 3 of the United States Code, /3/ it is hereby ordered as follows:
Section 101. Resume of responsibilities. The Director of the Office
of Emergency Planning (hereinafter referred to as the Director) shall:
(a) Advise and assist the President in the coordination of and in the
determination of policy for the emergency plans and preparedness
assignments of the Federal departments and agencies (hereinafter
referred to as Federal agencies) designed to make possible at Federal,
State and local levels the mobilization of the human, natural and
industrial resources of the nation to meet all conditions of national
emergency, including attack on the United States.
(b) Under the direction of the President, be responsible for the
preparation of nonmilitary plans and preparedness programs with respect
to organization and function of the Federal Government under emergency
conditions and with respect to specific areas of Federal activity
necessary in time of war which are neither performed in the normal
operations of the regular departments and agencies nor assigned thereto
by or under the authority of the President.
(c) Perform such other functions as are vested in him by law or are
by this order, or by orders referred to in this order, delegated or
otherwise assigned to him.
(d) Perform such additional functions as the President may from time
to time direct.
Sec. 201. General. (a) The Director shall advise and assist the
President in (1) the development of planning assumptions and broad
emergency preparedness objectives with respect to various conditions of
national emergency, (2) the development of policies and procedures to
determine the relationship between available supplies of the nation's
resources and the requirements of military, foreign, and essential
civilian programs, including those of civil defense, (3) the development
of policies, programs, and control systems designed to deal with supply
deficiencies and to meet effectively the most urgent requirements for
those resources in the interests of national defense, and (4)
coordinating the governmental programs designed to achieve these ends.
(b) The Director shall advise and assist the President with respect
to resolving any issues, related to emergency preparedness
responsibilities of Federal agencies, which arise between two or more
such agencies.
Sec. 202. Resources and Requirements. The Director shall provide
policy guidance to the heads of Federal agencies having resource
mobilization or claimancy responsibilities to assist them in (1) the
development and submission of estimated military and foreign as well as
industrial and consumer requirements, (2) the development of resource
supply estimates; and (3) the periodic evaluation of requirements
estimates in relation to estimates of availability of resources from all
sources.
Sec. 203. Central program determination. The Director sha an
overall emergency system for reaching central program decisions for the
utilization of resources on the basis that he will have the
responsibility for making such central decisions in the initial period
of an emergency. This system shall include uniform criteria and
procedures for:
(a) The development by each Federal agency of the amounts and types
of resources which it must claim in order to meet the requirements of
its planning programs;
(b) The central consideration of the supply-requirements evaluations
of planned programs;
(c) The central determination of major resource utilization programs
under varied conditions of national emergency on a relative urgency
basis and central direction for the adjustment of agency programs
consistent with such determinations; and
(d) The decentralization of controls if required by emergency
conditions.
Sec. 204. Control systems. The Director shall develop policies and
procedures for the coordinated application by Federal agencies, in time
of emergency, of priorities, allocations, and other resource control and
distribution systems (including a system for the rationing of consumer
goods) for the conduct of approved major programs.
Sec. 205. Research. The Director shall develop, maintain, and
conduct a central research planning program for emergency preparedness
purposes. The Director shall maintain, with the participation and
support of Federal agencies concerned, a national resources evaluation
capability for predicting and monitoring the status of resources under
all degrees of emergency, for identifying resource deficiencies and
feasible production programs and for supplying resource evaluations at
national and subordinate levels to support mobilization base planning,
continuity of government, resource management and economic recovery.
Sec. 206. Dispersal and protection of facilities. (a) The Director,
after consultation with the appropriate Federal agencies, shall advise
the President concerning the strategic relocation of industries,
services, government and economic activities, the operations of which
are essential to the nation's security. He shall coordinate the efforts
of Federal agencies with respect to the application of the principle of
geographic dispersal of certain industrial facilities, both government-
and privately-owned, in the interest of national defense.
(b) The Director, under authority of, and in accordance with the
provisions of, Executive Order No. 10421 of December 31, 1952, shall
perform functions in respect of the physical security of facilities
important to the national defense.
(c) In addition, the Director shall review all measures being taken
by the Federal agencies with respect to the physical security and
protection of facilities important to defense mobilization, defense
production, civil defense or the essential civilian economy, including
those under the provisions of emergency preparedness assignments to such
agencies and shall recommend to the President such actions as are
necessary to strengthen such measures.
Sec. 207. Civil defense. (a) Under authority of the provisions of
Section 2 of Executive Order No. 10952 of July 20, 1961, and as there
prescribed, the Director shall advise and assist the President, and
shall perform other functions, in respect of civil defense.
(b) Under authority of, and in accordance with the provisions of,
Executive Order No. 10958 of August 14, 1961, the Director shall advise
and assist the President with respect to the stockpiling of food and
medical supplies.
(c) The Director shall advise and assist the President with respect
to the need for stockpiling various items essential to the survival of
the population, additional to food and medical supplies, and with
respect to programs for the acquisition, storage, and maintenance of
such stockpiles.
Sec. 208. Federal-State relations. (a) The Director shall represent
the President in working with State Governors to stimulate vigorous
State and local participation in emergency preparedness measures.
(b) He shall provide advice and guidance to the States with regard to
preparations for the continuity of State and local civilian political
authority in the event of nuclear attack on the United States which
shall include, but not be limited to, programs for maintaining lines of
succession to office, safekeeping of essential records, provison for
alternate sites of government, the protection and effective use of
government resources, personnel facilities, and interstate compacts and
reciprocal legislation relating to emergency preparedness.
(c) He shall assist the President in achieving a coordinated working
relationship between the various elements of State governments and the
Federal agencies to which specific emergency preparedness functions have
been assigned pursuant to statute or Executive order.
(d) The civil defense activities involved in the functions prescribed
by the foregoing provisions of this section shall be carried out in
accordance with the provisions of Section 2 of Executive Order No. 10952
of July 20, 1961.
Sec. 209. Review and evaluation. The Director shall from time to
time furnish the President overall reports and recommendations
concerning the emergency preparedness programs, including the state of
preparedness of Federal, State, and local governments to carry out their
emergency functions.
Sec. 301. General. Under the direction of the President, the
Director shall have primary responsibility (1) for planning assumptions
and broad nonmilitary emergency preparedness objectives, (2) for
planning the nonmilitary organization and functioning of the Federal
Government in time of national emergency, (3) for developing, in
association with interested agencies, the emergency planning, including
making recommendations to the President as to the appropriate roles of
Federal agencies, in currently unassigned matters, such as, but not
necessarily limited to, economic stabilization, economic warfare,
emergency information, and wartime censorship, (4) for planning for the
emergency mobilization of telecommunications resources, and (5) for the
development of nonmilitary policies and programs for use in the event of
enemy attack on the United States designed to restore the national
defense potential of the nation.
Sec. 302. Emergency organization. The Director, in consultation
with the Director of the Bureau of the Budget, shall plan for the
organization and functioning of the Federal Government in an emergency,
including provisions for the central direction of all emergency
mobilization activities and the creation of such emergency agencies as
may be required for the conduct of emergency activities including those
within the normal jurisdiction of existing agencies.
Plans shall provide for maximum ,practicable reliance to be placed on
existing Federal agencies with competence in emergency operations and,
as best may be, shall be harmonious with related operations of the
Government as a whole.
Sec. 303. Emergency authorities. The Director shall provide for the
prompt exercise of Federal emergency authority through the advance
preparation of such proposed legislation, Executive orders, rules,
regulations, and directives as would be necessary to put into effect
operating programs appropriate to the emergency situation.
Sec. 304. Continuity of Federal Government. The Director shall
develop policies and plans to assure the continuity of essential Federal
Government activities through programs to provide for lines of
succession to office, safekeeping of essential records, alternate sites
for Government operations, and the protection and effective use of
Government resources, personnel, and facilities.
Sec. 305. Executive Reserve. The Director, under authority of, and
in accordance with the provisions of, Executive Order No. 10660 of
February 15, 1956, shall develop policies and plans for the provision of
an Executive Reserve of personnel capable of filling executive positions
in the Government in time of emergency.
Sec. 306. Emergency telecommunications. The Director shall be
responsible for (1) planning for the mobilization of the nation's
telecommunications resources in time of national emergency, and (2)
carrying out, under the authority of, and in accordance with the
provisions of, Executive Order No. 10705 of April 17, 1957, the
functions thereby delegated or otherwise assigned to him.
Sec. 307. Post-attack recovery. Under the direction of the
President, the Director, with the cooperation and assistance of the
Federal agencies, shall develop policies, plans, and programs designed
to provide for the rapid restoration after an attack on the United
States of a national capability to support a strong national defense
effort.
Sec. 401. Defense production. Under the authority of, and in
accordance with the provisions of, Executive Order No. 10480 of August
14, 1953, the Director shall perform the functions thereby delegated or
otherwise assigned to him.
Sec. 402. Strategic and critical materials stockpiling. (a) There
are hereby delegated to the Director all those functions under the
Strategic and Critical Materials Stockpiling Act (50 U.S.C. 98 et seq.),
under Section 4(h) of the Commodity Credit Corporation Charter Act (15
U.S.C. 714b(h)), and under Section 204(f) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 485(f)), which were
transferred to the President by the provisions of Reorganization Plan
No. 1 of 1958 (72 Stat. 1799).
(b) The Director, under the provisions of the said Strategic and
Critical Materials Stockpiling Act, shall determine which materials are
strategic and Critical and the quality and quantity of such materials
which sha stockpiled, and shall direct the General Services
Administration in the purchase, storage, refinement, rotation, and
disposal of materials.
(c) The Director is hereby designated as an agency under and for the
purposes of the provisions of clause (b) of Section 5 of the Strategic
and Critical Materials Stockpiling Act (50 U.S.C. 98d (clause (b)));
and, accordingly, in the event of enemy attack upon the United States
the Director is authorized and directed to order the release by the
Administrator of General Services of such materials from stockpiles
established under the said Act, in such quantities, for such uses, and
on such terms and conditions, as the Director determines to be necessary
in the interests of the national defense.
Sec. 403. Supplemental stockpile. The Director, under authority of
the provisions of Section 4(d)(2) of Executive Order No. 10900 of
January 6, 1961, shall determine from time to time the materials to be
contracted for or purchased for a supplemental stockpile with foreign
currencies pursuant to the Agricultural Trade Development and Assistance
Act of 1954 (7 U.S.C. 1704(b)).
Sec. 404. Imports threatening the national security. (a) The
Director, under the authority of, and in accordance with the provisions
of, Section 2 of the Act of July 1, 1954, (68 Stat. 360); 19 U.S.C.
1352a), shall make appropriate investigations of the effects of imports
on the national security and shall advise the President of any case in
which the Director is of the opinion that an article is being imported
into the United States in such quantities or under such circumstances as
to threaten to impair the national security.
(b) The Director, under authority of, and in accordance with the
provisions of, Section 3(d) of Executive Order No. 10582 of December 17,
1954, shall furnish advice to procuring agencies with respect to the
rejection of bids or offers to furnish materials or foreign origin on
the ground that such rejection is necessary to protect essential
national security interests.
Sec. 405. Disaster relief. The Director, under authority of, and in
accordance with the provisions of, Executive Order No. 10427 of January
16, 1953, and Executive Order No. 10737 of October 29, 1957, shall
exercise authority under the Act of September 30, 1950, entitled "An Act
to authorize Federal assistance to States and local governments in major
disasters, and for other purposes" (42 U.S.C. 1855 et seq.).
Sec. 406. Telecommunications. Under authority of, and in accordance
with the provisions of, Executive Order No. 10995 of February 16, 1962,
the Director shall perform functions in respect of telecommunications.
Sec. 501. Rules and regulations. In carrying out his
responsibilities under this order, the Director is authorized to issue
such rules and regulations, and directives, consonant with law and
Executive order, as he deems necessary and appropriate to the functions
involved.
Sec. 502. Boards and committees. The Director is hereby authorized
to establish in headquarters and in the field such boards and committees
as he deems necessary to advise him in the conduct of activities
outlined herein.
Sec. 503. Certain additional authorities. (a) There are hereby
delegated to the Director all those now-existing functions under the
National Security Act of 1947 which were transferred to the President by
the provisions of Reorganization Plan No. 1 of 1958 (72 Stat. 1799).
(b) In performing the functions under the Federal Civil Defense Act
of 1950 assigned to him, and subject to applicable provisions of
executive orders, the Director is authorized to exercise the authority
conferred by Title IV of that Act. The foregoing provision of this
subsection shall not be deemed to derogate from any authority under
Title IV heretofore available to the Secretary of Defense.
Sec. 504. Reports. The Director is authorized to require from
Federal agencies such statistical data and progress reports at such
intervals as he deems necessary to discharge his responsibilities under
this order.
Sec. 505. Prior actions. All orders, regulations, rulings,
certificates, directives, and other actions relating to any function
affected by this order shall remain in effect except as they are
inconsistent herewith or are hereafter amended or revoked under proper
authority, and nothing in this order shall affect the validity or force
of anything done under previous delegations or other assignments of the
functions affected by this order.
Sec. 506. Executive Order 11030. Nothing in this order or in any
order amended by this order shall derogate from the provisions of
Executive Order No. 11030 of June 19, 1962.
Sec. 507. References to orders and Acts. Except as may for any
reason be inappropriate, references in this order to any other Executive
order or to any Act, and references in this order or in any other
executive order to this order, shall be deemed to include references
thereto, respectively, as amended from time to time.
Sec. 601. General amendments. Each reference to the Office of Civil
and Defense Mobilization or to the Director of the Office of Civil and
Defense Mobilization in the following is hereby amended to refer to the
Office of Emergency Planning and the Director of the Office of Emergency
Planning, respectively:
(1) Executive Order No. 10296 of October 2, 1951 /4/
(2) Executive Order No. 10312 of December 10, 1951 /5/
(3) Executive Order No. 10346 of April 17, 1952 (penultimate sentence
of Section 2, only) /6/
(4) Executive Order No. 10421 of December 31, 1952 /7/
(5) Executive Order No. 10427 of January 16, 1953 /8/
(6) Executive Order nO. 10480 of August 14, 1953 /9/
(7) Executive Order No. 10494 of October 14, 1953 /10/
(8) Executive Order No. 10601 of March 21, 1955 /11/
(9) Executive Order No. 10634 of August 25, 1955 /12/
(10) Executive Order No. 10660 of February 15, 1956 /13/
(11) Executive Order No. 10705 of April 17, 1957 /14/
(12) Executive Order No. 10737 of October 29, 1957 /15/
(13 Executive Order No. 10900 of January 5, 1961 /16/
(14) Executive Order No. 10952 of July 20, 1961 /17/
(15) Executive Order No. 10958 of August 14, 1961 /18/
(16) Proclamation No. 3279 of March 10, 1959 /19/
Sec. 602. Executive Order 10242. Executive Order No. 10242 of May
8, 1951, /20/ is hereby amended:
(1) By deleting from subsection 101(a) thereof the following: "upon
the Director of the Office of Civil and Defense Mobilization,
hereinafter referred to as the Director,".
(2) By deleting from Sections 101(c), 101(d), 102, 103, 104, 106
(preamble), 201, and 301 the following: "upon the Director of the
Office of Civil and Defense Mobilization".
(3) By substituting for the words "the Director of the Office of
Civil and Defense Mobilization", at each place where they occur in the
order and are not deleted or otherwise amended by this order, the
following: "the delegate of the President".
(4) By substituting for the words "shall not be delegated" in
subsection 101(d) the following: "shall not be redelegated by the
delegated of the President".
(5) By adding after Section 106 new Section 107, 108, and 109,
reading as follows:
"Sec. 107. The words 'the delegate of the President' as used in this
order:
"(1) In respect of functions under the Act delegated or otherwise
assigned to the Secretary of Defense, mean the Secretary of Defense.
"(2) In respect of functions delegated or otherwise assigned to the
Director of the Office of Emergency Planning, mean the Director of the
Office of Emergency Planning.
"Sec. 108. The authority conferred by Section 401(a) of the Act to
employ part-time or temporary advisory personnel deemed necessary in
carrying out the provisions of the Act, and delegated by the provisions
of Section 101(a) of this order, shall be available as follows: (1) To
the Secretary of Defense in respect of not to exceed eighty personnel
(including not to exceed twenty subjects of the United Kingdom and
Canda), and (2) to the Director of the Office of Emergency Planning in
respect of not to exceed twenty personnel (including not to exceed five
subjects of the United Kingdom and Canada).
"Sec. 109. The relevant provisions of this Part shall be subject to
the provisions of the Memorandum of the President, pertaining to
conflicts of interest, dated February 9, 1962 (27 F.R. 1341ff.)."
(6) By amending Section 401 to read as follows:
"Sec. 401. The approval of the President is hereby given for the
employment of retired personnel of the armed services, pursuant to the
provisions of subsection 401(a) of the Act as follows: (1) By the
Secretary of Defense, not to exceed twenty persons, and (2) by the
Director of the Office of Emergency Planning, not to exceed five
persons."
Sec. 603. Other orders. (a) Executive Order No. 10260 of June 27,
1951, is hereby amended by striking from Section 1 thereof the
following: "Office of Civil and Defense Mobilization, the".
(b) Executive Order No. 10346 of April 17, 1952, /21/ is hereby
amended by substituting for the reference therein to the Director of the
Office of Civil and Defense Mobilization, and for each reference therein
to the Office of Civil and Defense Mobilization except that in the
penultimate sentence of Section 2, the following: "the Office of
Emergency Planning or the Department of Defense or both, as may be
determined under the provisions of appropriate Executive orders".
(c) Executive Order No. 10421 of December 31, 1952, /22/ is hereby
amended by inserting before the period at the end of Section 3(b)(9)
thereof a comma and the following: "including recommendations as to
actions necessary to strengthen the program provided for in this order".
(d) Executive Order No. 10529 of April 22, 1954, /24/ is hereby
amended by substituting for each reference therein to the Director of
the Office of Civil and Defense Mobilization the following: "the
Director of the Office of Emergency Planning or the Secretary of Defense
or both as may be determined under appropriate Executive orders".
(e) Executive Order No. 10582 of December 17, 1954, /24/ is hereby
amended by striking from Section 3(d) thereof the words "from any
officer of the Government designated by the President to furnish such
advice" and by inserting in lieu of the striken words the following:
"from the Director of the Office of Emergency Planning. In providing
this advice the Director shall be governed by the principle that
exceptions under this section shall be made only upon a clear showing
that the payment of a greater differential than the procedures of this
section generally prescribe is justified by consideration of national
security".
(f) Executive Order No. 10789 of November 14, 1958, /25/ is hereby
amended by striking from Section 21 thereof the words "Office of Civil
and Defense Mobilization".
Sec. 604. Superseded orders. To the extent that the following have
not heretofore been made or become inapplicable, they are hereby
superseded and revoked:
(1) Executive Order No. 9981 of July 26, 1948 /26/
(2) Executive Order No. 10219 of February 28, 1951 /27/
(3) Executive Order No. 10269 of July 6, 1951
(4) Executive Order No. 10438 of March 13, 1953 /28
(5) Executive Order No. 10461 of June 17, 1953 /29/
(6) Executive Order No. 10524 of March 31, 1954 /30/
(7) Executive Order No. 10539 of June 22, 1954 (without prejudice to
final liquidation of any affairs thereunder) /31/
(8) Executive Order No. 10638 of October 10, 1955 /32/
(9) Executive Order No. 10773 of July 1, 1958 /33/
(10) Executive Order No. 10782 of September 6, 1958 /34/
(11) Executive Order No. 10902 of January 9, 1961 /35/
THE WHITE HOUSE,
September 27, 1962.
JOHN F. KENNEDY
/1/ 50 U.S.C.A.App. 2061 et seq.
/2/ 50 U.S.C.A.App. 2251 et seq.
/3/ 3 U.S.C.A. 301.
/4/ 42 U.S.C.A. 1592m note.
/5/ 47 U.S.C.A. 606 note.
/6/ 50 U.S.C.A.App. 2292 note.
/7/ 50 U.S.C.A. 404 note.
/8/ 42 U.S.C.A. 1855d note.
/9/ 50 U.S.C.A.App. 2153 note.
/10/ 50 U.S.C.A.App. 2101 note.
/11/ 7 U.S.C.A. 1743 note.
/12/ 50 U.S.C.A.App. 2092 note.
/13/ 50 U.S.C.A.App. 2153 note.
/14/ 47 U.S.C.A. 606 note.
/15/ 42 U.S.C.A. 1855d note.
/16/ 7 U.S.C.A. 1691 note; 22 U.S.C.A. 2382 note.
/17/ 50 U.S.C.A. 2271 note.
/18/ 50 U.S.C.A. 2271 note.
/19/ 19 U.S.C.A. 1352a note.
/20/ 50 U.S.C.A.App. 2253 note.
/21/ 50 U.S.C.A.App. 2292 note.
/22/ 50 U.S.C.A. 404 note.
/23/ 50 U.S.C.A.App. 2292 note.
/24/ 41 U.S.C.A. 10d note.
/25/ 50 U.S.C.A. 1431 note.
/26/ 5 U.S.C.A. 171 note.
/27/ 50 U.S.C.A.App. 2093 note.
/28/ 47 U.S.C.A. 606 note; 50 U.S.C.A. 404 note; 50 U.S.C.A.App.
2292 note.
/29/ 42 U.S.C.A. 1592m note; 50 U.S.C.A.App. 2093, 2153 notes.
/30/ 20 U.S.C.A. 635 note.
/31/ 15 U.S.C.A. 603 note; 50 U.S.C.A.App. 1929 note.
/32/ U.S.C.A. 98d note.
/33/ 5 U.S.C.A. 631 note; 7 U.S.C.A. 1743 note; 15 U.S.C.A. 603
note; 20 U.S.C.A. 635 note; 42 U.S.C.A. 1592m, 1855d notes; 47
U.S.C.A. 606 note; 50 U.S.C.A. 98d, 404 notes; 50 U.S.C.A.App. 2092,
2093, 2101, 2153, 2253, 2271, 2202 notes.
/34/ 5 U.S.C.A. 631 note; 7 U.S.C.A. 1743 note; 15 U.S.C.A. 603
note; 20 U.S.C.A. 635 note; 42 U.S.C.A. 1592m 1855d notes; 47
U.S.C.A. notes; 50 U.S.C.A.App. 2092, 2093, 2101, 2153, 2253, 2271,
2292 notes.
/35/ 50 U.S.C.A. 2271 note.
Executive Order No. 11050, 27 F.R. 9205, September 18, 1962, REA
EXPRESS
WHEREAS disputes exist between the REA EXPRESS, a carrier, and
certain of its employees represented by the International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers of America; and
WHEREAS these disputes have not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS these disputes, in the judgment of the National Mediation
Board, threaten substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /3/ I hereby
create a board of three members, to be appointed by me, to investigate
these disputes. No member of the board shall be pecuniarily or
otherwise interested in any organization of railroad employees or any
carrier.
The board shall report its findings to the President with respect to
these disputes within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the carrier,
or by its employees, in the conditions out of which these disputes
arose.
THE WHITE HOUSE,
September 14, 1962.
JOHN F. KENNEDY
/3/ 45 U.S.C.A. 160.
Executive Order No. 11049, 27 F.R. 9203, September 18, 1962
By virtue of the authority vested in me by the Public Works
Acceleration Act, approved September 14, 1962 (Public Law 87-658), /1/
hereinafter referred to as the Act, and by Section 301 of title 3 of the
United States Code, /2/ it is hereby ordered as follows:
Section 1. The Secretary of Commerce shall assist the President in
the carrying out of the Public Works Acceleration Act and to that end he
shall (a) receive and coordinate proposals from Federal agencies for
allocations from funds appropriated pursuant to Section 3 of the Act,
and (b) make recommendations to the President for the allocation of such
funds. The Secretary shall maintain such actions by the President as
are necessary to assure that Federal responsibilities under the Act are
carried out expeditiously.
Sec. 2. There is hereby delegated to the Secretary of Commerce the
authority vested in the President by Section 3(e) of the Act to
prescribe rules, regulations, and procedures to carry out Section 3 of
the Act. In prescribing such rules, regulations, and procedures, the
Secretary shall include therein provisions to assure that (a) preference
in employment on public works undertaken pursuant to the Act shall,
insofar as practicable, be given to qualified local labor, (b) funds
allocated under the Act shall be supplementary to other Federal funds
which otherwise would have been expended in eligible areas as defined in
the Act, and (c) appropriate State and local agencies shall direct
requests for Federal assistance to the Federal agency administering the
law authorizing such assistance.
Sec. 3. Federal departments and agencies receiving allocations of
funds appropriated pursuant to the Act shall make such regular reports
and provide such other information to the Secretary of Commerce as he
deems necessary in order to carry out his responsibilities under this
order, and shall cooperate with the Secretary to assure that Federal
funds are expended in accordance with the requirements of the Act and of
the rules, regulations, and procedures prescribed pursuant to the Act.
THE WHITE HOUSE,
September 14, 1962.
JOHN F. KENNEDY
/1/ 42 U.S.C.A. 2641 et seq.
/2/ 3 U.S.C.A. 301.
Executive Order No. 11048, 27 F.R. 8851, September 6, 1962, WAKE
ISLAND AND MIDWAY ISLAND
By virtue of the authority vested in me by section 48 of the Hawaii
Omnibus Act (approved July 12, 1960; 74 Stat. 424; -p.l. 86-624) /2/
and section 301 of title 3 of the United States Code, /3/ and as
President of the United States, it is hereby ordered as follows:
Section 101. The Secretary of the Interior shall be responsible for
the civil administration of Wake Island and all executive and
legislative authority necessary for that administration, and all
judicial authority respecting Wake Island other than the authority
contained in the act of June 15, 1950 (64 Stat. 217), as amended (48
U.S.C. 644a), shall be vested in the Secretary of the Interior.
Sec. 102. The executive, legislative, and judicial authority
provided for in section 101 of this order (1) may be exercised through
such agency or agencies of the Department of the Interior, or through
such officers or employees under the jursidiction of the Secretary of
the Interior, as the Secretary may direct or authorize, (2) may be
exercised through such agency or agencies, other than or not in the
Department of the Interior, or through such officers or employees of the
United States not under the administrative supervision of the Secretary,
for such time and under such conditions as may be agreed upon between
the Secretary and such agency, agencies, officers or employees of the
United States, and (3) shall be exercised in such manner as the
Secretary, or any person or persons acting under the authority of the
Secretary, may direct or authorize.
Sec. 103. Executive Order No. 6935 of December 29, 1934, to the
extent that it pertains to Wake Island, is hereby superseded.
Section 201. The Secretary of the Navy shall be responsible for the
civil administration of Midway Island and all executive and legislative
authority necessary for that administration, and all judicial authority
respecting Midway Island other than the authority contained in the act
of June 15, 1950 (64 Stat. 217), as amended (48 U.S.C. 644a), sha vested
in the Secretary of the Navy.
Sec. 202. The executive, legislative, and judicial authority
provided for in section 201 of this order shall be exercised through
such agency or agencies of the Navy Department, or through such officers
or employees under the jurisdiction of the Secretary of the Navy, as the
Secretary may direct or authorize, and shall be exercised in such manner
as the Secretary, or any person or persons acting under the authority of
the Secretary, may direct or authorize.
Sec. 203. Such public lands on the Midway Islands, Hawaiian group,
between the parallels of 28 degree 5' and 28 degrees 25' North latitude,
and between the meridians of 177 degrees 10' and 177 degrees 30' West
longitude, as were placed under the jurisdiction and control of the Navy
Department by the provisions of Executive Order No. 199-A of January 20,
1903, are hereby continued under the jurisdiction and control of that
Department. Executive Order No. 199-A is hereby superseded.
Section 301. The provisions of each of the foregoing Parts of this
order shall continue in force until the Congress shall provide for the
civil administration of the affected Island or until such earlier time
as the President may specify.
Sec. 302. As used herein, the terms "Wake Island" and "Midway
Island" include the reefs appurtenant to, and the territorial waters of,
Wake Is a and Midway Island, respectively.
Sec. 303. To the extent that any prior Executive order or
proclamation is inconsistent with the provisions of this order, this
order shall control.
Sec. 304. This order shall not be deemed to affect Executive Order
No. 9709 of March 29, 1946, or Executive Order No. 9797 of November 6,
1946.
Sec. 305. Nothing in this order shall be deemed to reduce, limit, or
otherwise modify the authority or responsibility of the Attorney General
to represent the legal interests of the United States in civil or
criminal cases arising under the provisions of the act of June 15, 1950.
THE WHITE HOUSE,
September 4, 1962.
JOHN F. KENNEDY
/2/ 1960 U.S.Code Cong. & Adm.News, p. 493.
/3/ 3 U.S.C.A. 301.
Executive Order No. 11047, 27 F.R. 8665, August 30, 1962
By virtue of the authority vested in me by Section 301 of title 3 of
the United States Code, /1/ and as President of the United States, it is
ordered as follows:
Section 1. The Secretary of Defense and the Administrator of the
Federal Aviation Agency are hereby designated and empowered to exercise
jointly, without the approval, ratification, or other action of the
President, the authority vested in the President by the first sentence
of Section 304 of the Federal Aviation Act of 1958 (72 Stat. 749; 49
U.S.C. 1345 (first sentence)) to transfer functions (including, as used
in this order, powers, duties, activities, facilities, and parts of
functions) as described in that sentence to the extent that the said
authority is in respect of transfers from the Department of Defense or
any officer or organizational entity thereof to the Administrator of the
Federal Aviation Agency of functions relating to flight inspections of
air navigation facilities.
Sec. 2. The Administrator and the Secretary shall exercise the
authority hereinabove delegated to them only as they shall deem such
exercise to be necessary or desirable in the interest of promoting, in
respect of either civil or military aviation or both, safe and efficient
air navigation and air traffic control.
Sec. 3.(a) To the extent necessitated by transfers of functions
effected under the provisions of Section 1 of this order:
(1) Transfers of balances of appropriations available and necessary
to finance and discharge the transferred functions shall be made under
the authority of Section 202(b) of the Budget and Accounting Procedures
Act of 1950 (31 U.S.C. 581c(b)) as affected by the provisions of Section
1(k) of Executive Order No. 10530 of May 10, 1954.
(2) Provisions for appropriate transfers of records and property
shall be made under the authority of the last sentence of Section 304 of
the Federal Aviation Act of 1958 as affected by the provisions of
Section 1 of Executive Order No. 10797 of December 24, 1958.
(b) Neither this order nor the said Executive Order No. 10797 shall
be deemed to require or authorize the transfer of any civilian or
military personnel from the Department of Defense to the Federal
Aviation Agency, under authority of the said Section 304, in connection
with transfers of functions effected under the provisions of Section 1
of this order.
Sec. 4.(a) In order to facilitate the orderly and timely
accomplishment of the transfers and other arrangements mentioned in
Section 3(a) of this order, the Secretary of Defense and the
Administrator of the Federal Aviation Agency shall transmit to the
Director of the Bureau of the Budget, not less than 30 days prior to the
execution by them of any order or other transfer instruments in
pursuance of the provisions of Section 1 of this order, all appropriate
information in respect of any transfers or other arrangements proposed
to be made in connection therewith under the provisions of Section 3
hereof, together with copy of the order or other transfer instrument
proposed to be executed by them.
(b) In connection with any particular action or actions under Section
1 of this order, the Director of the Bureau of the Budget may either
waive the requirements of Section 4(a), above, or reduce the 30 day
period there prescribed.
THE WHITE HOUSE,
August 28, 1962.
JOHN F. KENNEDY
/1/ 3 U.S.C.A. 301.
Executive Order No. 11046, 27 F.R. 8575, August 28, 1962
By virtue of the authority vested in me as President of the United
States and as Commander in Chief of the armed forces of the United
States, it is hereby ordered as follows:
1. The Bronze Star Medal, with accompanying ribbons and
appurtenances, which was first established by Executive Order No. 9419
of February 4, 1944, may be awarded by the Secretary of a military
department or the Secretary of the Treasury with regard to the Coast
Guard when not operating as a service in the Navy, or by such military
commanders, or other appropriate officers as the Secretary concerned may
designate, to any person who, while serving in any capacity in or with
the Army, Navy, Marine Corps, Air Force, or Coast Guard of the United
States, after December 6, 1941, distinguishes, or has distinguished,
himself by heroic or meritorious achievement or service, not involving
participation in aerial flight--
(a) while engaged in an action against an enemy of the United States;
(b) while engaged in military operations involving conflict with an
opposing foreign force; or
(c) while serving with friendly foreign forces engaged in an armed
conflict against an opposing armed force in which the United States is
not a ;;; belligerent party.
2. The Bronze Star Medal and appurtenances thereto shall be of
appropriate design approved by the Secretary of Defense, and shall be
awarded under such regulations as the Secretary concerned may prescribe.
Such regulations shall, so far as practicable, be uniform, and those of
the military departments shall be subject to the approval of the
Secretary of Defense.
3. No more than one Bronze Star Medal shall be awarded to any one
person, but for such succeeding heroic or meritorious achievement or
service justifying such an award a suitable device may be awarded to be
worn with the medal as prescribed by appropriate regulations.
4. The Bronze Star Medal or device may be awarded posthumously and,
when so awarded, may be presented to such representative of the deceased
as may be deemed appropriate by the Secretary of the department
concerned.
5. This order shall supersede Executive Order No. 9419 of February
4, 1944, entitled "Bronze Star Medal". However, existing regulations
prescribed under that order shall, so far as they are not inconsistent
with this order, remain in effect until modified or revoked by
regulations prescribed under this order by the Secretary of the
department concerned.
THE WHITE HOUSE,
August 24, 1962.
JOHN F. KENNEDY
Executive Order No. 11045, 27 F.R. 8511, August 25, 1962, GUAM ISLAND
By virtue of the authority vested in me as President of the United
States, it is ordered as follows:
Section 1. The Guam Island Naval Defensive Sea Area and the Guam
Island Naval Airspace Reservation, heretofore existing under the
provisions of Executive Order No. 8683 of February 14, 1942, as amended,
are hereby discontinued.
Sec. 2. To the extent not heretofore rendered inapplicable, the
following are hereby revoked:
(1) Executive Order No. 8683 of February 14, 1941.
(2) Executive Order No. 8729 of April 2, 1941.
(3) Executive Order No. 10341 of April 8, 1952.
THE WHITE HOUSE,
August 21, 1962.
JOHN F. KENNEDY
Executive Order No. 11044, 27 F.R. 8341, August 22, 1962, ARMS
CONTROL
WHEREAS there has been established by law the United States Arms
Control and Disarmament Agency; and
WHEREAS the Arms Control and Disarmament Act provides that the
Director of that Agency shall be the principal adviser to the Secretary
of State and the president on Arms control and disarmament matters and
requires the Director to assume primary responsibility within the
Government for such matters under the direction of the Secretary of
State; and
WHEREAS the Act authorizes and directs the said Director to
coordinate significant aspects of the United States arms control and
disarmament and related matters; and
WHEREAS it is desirable that the President establish procedures for
coordination, and for the resolution of differences of opinion between
the United States Arms Control and Disarmament Agency and other affected
Government agencies, concerning all significant aspects of Arms control
and disarmament policy and related matters:
NOW, THEREFORE, by virtue of the authority vested in me by the Arms
Control and Disarmament Act (75 Stat. 631); 50 U.S.C. 1501 et seq.),
/3/ and as President of the United States, it is hereby ordered as
follows:
Section 1. Definitions. As used hereinafter:
(a) The word "Director" means the Director of the United States Arms
Control and Disarmament Agency.
(b) The term "affected agencies" shall include the Department of
Defense, the Atomic Energy Commission, the Central Intelligence Agency,
the National Aeronautics and Space Administration, and, when not
inappropriate in the context, the United States Arms Control and
Disarmament Agency, and shall include also such other agencies as the
Director may designate hereunder.
(c) The terms "arms control" and "disarmament" shall be defined as
they are defined in section 3(a) of the Arms Control and Disarmament
Act.
(d) The term "related matters" shall include those matters which are
necessary to, desirable for, or otherwise directly connected with the
functions described in sections 3 and 4 of this order.
Sec. 2. Cooperation. The Director and the heads of affected
agencies shall keep each other fully and currently informed on all
significant aspects of United States arms control and disarmament policy
and related matters, including current and prospective policies, plans
and programs. Differences of opinion concerning arms control and
disarmament policy and related matters arising between the United States
Arms Control and Disarmament Agency and other affected agencies with
respect to such subjects which involve major matters of policy and
cannot be resolved through consultation shall be promptly referred to
the President for decision.
In such instances the head of an agency presenting recommendations with
respect to such differences to the President shall give the heads of
affected agencies notice of the occasion for and substance of his
recommendations.
Sec. 3. Policy coordination. (a) The Director shall establish
procedures consistent with this order and the Arms Control and
Disarmament Act to assure coordination of:
(1) his recommendations to the Secretary of State and the President
and to the heads of affected agencies relating to United States arms
control and disarmament policy;
(2) Government planning for the conduct and support of research for
arms control and disarmament policy formulation, including the
comprehensive and balanced plan provided for in Section 4 of this order;
(3) Government planning for the dissemination of public information
concerning arms control and disarmament;
(4) the preparation for and management of United States participation
in international negotiations in the arms control and disarmament field;
and
(5) the preparation for, operation of or, as appropriate, direction
of United States participation in such control systems as may become
part of United States arms control and disarmament activities.
(b) The Director shall exercise leadership in assuring that
differences of opinion concerning arms control and disarmament policy
and related matters are resolved expeditiously and shall take such steps
as may be appropriate in order to produce common or harmonious action
among the agencies concerned.
Sec. 4. Research. With the advice and assistance of affected
agencies, the Director shall develop and keep current a comprehensive
and balanced program of research, development and other studies needed
to be conducted by or for the Government for arms control and
disarmament policy formulation. The Director shall maintain a
continuing inventory of Federal activities related to the planned
program and advise the affected agencies as to their respective
participations in the planned programs in order to produce harmonious
action and prevent duplication of effort. The Director shall
periodically submit to the Director of the Bureau of the Budget a
consolidated schedule of such activities with assessments of their
respective programs by the responsible agencies, together with his
evaluations regarding these activities.
Sec. 5. Force and armament levels. The Secretary of Defense shall
keep the Director informed with respect to the planning of armed forces
levels and armaments and, for consideration in connection with such
planning, the Director shall furnish the Secretary of Defense statements
of existing and projected arms control and disarmament policies.
THE WHITE HOUSE,
August 20, 1962.
JOHN F. KENNEDY
/3/ 50 U.S.C.A. 1501 et seq.
Executive Order No. 11043, 27 F.R. 8157, August 16, 1962
WHEREAS a dispute exists between the Pan American World Airways,
Inc., a carrier, and certain of its employees represented by the
Transport Workers Union of America, AFL-CIO; and
WHEREAS this dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS this dispute, in the judgement of the National Mediation
Board, threatens substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by Section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /2/ I hereby
create a board of three members, to be appointed by me, to investigate
this dispute. No member of the board shall be pecuniarily or otherwise
interested in any organization of airline employees or any carrier.
The board shall report its findings to the President with respect to
this dispute within thirty days from the date of this order.
As provided by Section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the Pan
American World Airways, Inc., or by its employees, in the conditions out
of which this dispute arose.
THE WHITE HOUSE,
August 14, 1962.
JOHN F. KENNEDY
/2/ 45 U.S.C.A. 160.
Executive Order No. 11042, 27 F.R. 8067, August 14, 1962
WHEREAS a dispute exists between the Southern Pacific Company
(Pacific Lines), a carrier, and certain of its employees represented by
the Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express and Station Employees, a labor organization; and
WHEREAS this dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS this dispute, in the judgment of the National Mediation
Board, threatens substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by Section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /1/ I hereby
create a board of three members, to be appointed by me, to investigate
this dispute. No member of the board shall be pecuniarily or otherwise
interested in any organization of railroad employees or any carrier.
The board shall report its findings to the President with respect to
this dispute within thirty days from the date of this order.
As provided by Section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the Southern
Pacific Company (Pacific Lines), or by its employees, in the conditions
out of which this dispute arose.
THE WHITE HOUSE,
August 10, 1962.
JOHN F. KENNEDY
/1/ 45 U.S.C.A. 160.
Executive Order No. 11041, 27 F.R. 7859, August 9, 1962, PEACE CORPS
By virtue of the authority vested in me by the Peace Corps Act (75
Stat. 612), /3/ and as President of the United States, it is hereby
ordered as follows:
Section 101. Delegation of functions to the Secretary of State. (a)
Exclusive of the functions otherwise delegated or reserved to the
President by this order, and subject to the provisions of this order,
there are hereby delegated to the Secretary of State all functions
conferred upon the President by the Act.
(b) The function of determining the portion of living allowances
constituting basic compensation, conferred upon the President by Section
912(3)(D) of the Internal Revenue Code of 1954, is hereby delegated to
the Secretary of State and shall be performed in consultation with the
Secretary of the Treasury.
(c) The functions of prescribing conditions, conferred upon the
President by the second sentence of Section 5(e) and the concluding
phrase of Section 6(3) of the Act and hereinabove delegated to the
Secretary of State, shall be exercised in consultation with the head of
the United States Government agency responsible for the facility.
Sec. 102. Continuance of the Peace Corps. (a) The Secretary of
State shall take such action as may be appropriate to continue in
existence under the Act the Peace Corps established as an agency in the
Department of State pursuant to Executive Order No. 10924 of March 1,
1961 (26 F.R. 1789).
(b) The Peace Corps shall be headed by the Director for whom
provision is made in Section 4(a) of the Act. The Deputy Director, for
whom provision is made in Section 4(a) of the Act, shall also serve in
the Peace Corps.
Sec. 103. Allocation and transfer of funds. All funds appropriated
or otherwise made available to the President for carrying out the
provisions of the Act shall be deemed to be allocated without any
further action of the President to the Secretary of State or to such
subordinate office as he may designate. The Secretary of State or such
officer may allocate or transfer, as appropriate, any of such funds to
any United States Government agency or part thereof for obligation or
expenditure thereby consistent with applicable law.
Sec. 104. Delegation of functions to the Civil Service Commission.
There is hereby delegated to the Chairman of the Civil Service
Commission, with respect to the laws administered by the Commission, the
function conferred upon the President by that protion of Section
5(f)(1)(B) of the Act which reads "except as otherwise determined by the
President".
Sec. 201. Reservation of functions to the President. There are
hereby excluded from the delegations made by Part I of this order the
following-described functions of the President:
(a) All authority conferred upon him by Sections 4(b), 4(c)(2),
4(c)(3), 10(d), 11, 16(b), and 18 of the Act.
(b) The authority conferred upon him by Section 4(a) of the Act to
appoint the Director and the Deputy Director of the Peace Corps.
(c) The authority conferred upon him by that portion of Section
5(f)(1)(B) of the Act which reads "except as otherwise determined by the
President" except as otherwise provided in Section 104 of this order and
except to the extent that such authority is in respect of the Foreign
Service Act of 1946.
(d) The authority conferred upon him by Section 10(f) of the Act to
direct any agency of the United States Government as provided in that
section.
(e) The authority conferred upon him by Section 12 of the Act to
appoint persons to membership in the Peace Corps National Advisory
Council and to determine the length of service of the members of that
Council.
(f) The authority conferred upon him by Section 19 of the Act to
adopt and alter an official seal or emblem of the Peace Corps.
(g) The authority conferred upon him by the first sentence of Section
22 of the Act to establish standards and procedures to the extent not
inconsistent with the proviso of Section 303 of this order.
Sec. 301. Personnel. Persons appointed, employed or assigned after
May 19, 1959, under Section 527(c) of the Mutual Security Act of 1954 or
Section 7(c) of the Act for the purpose of performing functions under
such Acts outside the United States shall not, unless otherwise agreed
by the agency in which such benefits may be exercised, by entitled to
the benefits provided by Section 528 of the Foreign Service Act of 1946
in cases in which their service under the appointment, employment or
assignment exceeds thirty months.
Sec. 302. Determination. Pursuant to Section 10(d) of the Act, it
is hereby determined to be in furtherance of the purposes of the Act
that functions authorized thereby may be performed without regard to the
applicable laws specified in Sections 1 and 2 and with or without
consideration as specified in Section 3 of Executive Order No. 10784 of
October 1, 1958 (23 F.R. 7691) but, except as may be inappropriate,
subject to limitations set forth in that order.
Sec. 303. Security requirements. (a) Pursuant to Section 22 of the
Act, Executive Order No. 10450 of April 27, 1953 (18 F.R. 2489) is
hereby established as the standards and procedures for the employment or
assignment to duties of persons under the Act: Provided, That the
Secretary of State may establish such additional standards and
procedures with respect to the employment or assignment to duties of
volunteers as he may deem necessary to accomplish the purposes of the
Act.
(b) Nothing in Section 303(a) hereof or in Executive Order No. 10450
or in any other Executive order heretofore issued shall affect the
exercise of the authority conferred upon the President by Section 5(i)
of the Act.
Sec. 304. Definitions. (a) As used in this order the words "the
Peace Corps Act" and the words "the Act" mean Title I of "An Act to
provide for a Peace Corps to help the peoples of interested countries
and areas in meeting their needs for skilled manpower" (Public Law
87-293, approved September 22, 1961; 75 Stat. 612 et seq.).
(b) As used in this order, the words "volunteers," "functions,"
"United States," and "United States Government agency" shall have the
same meanings, respectively, as they have under the Act.
Sec. 305. References to orders and acts. Except as may for any
reason be inappropriate:
(a) References in this order to (1) "the Peace Corps Act" or "the
Act", (2) any other Act, or (3) any provision thereof shall be deemed to
include references thereto, respectively, as amended from time to time.
(b) References in this order, or in any other Executive order, to
this order or to any provision thereof shall be deemed to include
references thereto, respectively, as amended from time to time.
(c) References in this order to any prior Executive order not
superseded by this order shall be deemed to include references thereto
as amended from time to time.
Sec. 306. Superseded order. Executive Order No. 10924 of March 1,
1961 (26 F.R. 1789) is hereby superseded.
Sec. 307. Saving provisions. Except to the extent that they may be
inconsistent with this order, all determinations, authorizations,
regulations, rulings, certificates, orders, directives, contracts,
agreements, and other actions made, issued or entered into with respect
to any function affected by this order and not revoked, superseded, or
otherwise made inapplicable before the date of this order shall continue
in full force and effect until amended modified, or terminated by
appropriate authority.
THE WHITE HOUSE,
August 6, 1962.
JOHN F. KENNEDY
/3/ 22 U.S.C.A. 2501 et seq.
Executive Order No. 11040, 27 F.R. 7857, August 9, 1962
WHEREAS a dispute exists between The Belt Railway Company of Chicago,
a carrier, and certain of its employees represented by the Brotherhood
of Locomotive Engineers, a labor organization; and
WHEREAS this dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS this dispute, in the judgment of the National Mediation
Board, threatens substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by Section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /2/ I hereby
create a board of three members, to be appointed by me, to investigate
this dispute. No member of the board shall be pecuniarily or otherwise
interested in any organization of railroad employees or any carrier.
The board shall report its findings to the President with respect to
this dispute within thirty days from the date of this order.
As provided by Section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by The Belt
Railway Company of Chicago, or by its employees, in the conditions out
of which this dispute arose.
THE WHITE HOUSE,
August 6, 1962.
JOHN F. KENNEDY
/2/ 45 U.S.C.A. 160.
Executive Order No. 11039, 27 F.R. 7755, August 7, 1962
By virtue of the authority vested in me as President of the United
States, it is ordered that Executive Order No. 10974 of November 8,
1961, /1/ be, and it is hereby, amended, effective as of July 1, 1962,
as follows:
(1) By inserting before the period at the end of the first sentence
of Section 5 a comma and the following: "and from any thereto
corresponding appropriation available for the fiscal year 1963."
(2) By substituting for the last sentence of the order the following:
"The Commission shall terminate as of November 1, 1962."
THE WHITE HOUSE,
August 3, 1962.
JOHN F. KENNEDY
/1/ 1961 U.S.Code Cong. & Adm.News, p. 1345.
Executive Order No. 11038, 27 F.R. 7003, July 25, 1962, EXPORT
CONTROL ACT OF 1949
By virtue of the authority vested in me by the Export Control Act of
1949, as amended, /5/ and as President of the United States it is
ordered that:
Effective July 1, 1962, Executive Order No. 10945 of May 24, 1961,
/6/ and all delegations, redelegations, rules, regulations, orders,
licenses, and other forms of administrative action under said order
which were in effect on June 30, 1962, are continued in full force and
effect.
THE WHITE HOUSE,
July 23, 1962.
JOHN F. KENNEDY
/5/ 50 U.S.C.A.App. 2021 et seq.
/6/ 50 U.S.C.A.App. 2023 note.
Executive Order No. 11037, 27 F.R. 6967, July 24, 1962
By virtue of the authority vested in me by Section 5(b) of the Act of
October 6, 1917, as amended, 12 U.S.C. 95a, /4/ and in view of the
continued existence of the national emergency proclaimed by Proclamation
No. 2914 of December 16, 1950, I, John F. Kennedy, President of the
United States of America, do hereby further amend Executive Order No.
6260, as amended, as follows:
1. Section 12 is amended to read as follows:
"12. Except under license issued therefor pursuant to the provisions
of this order, no person subject to the jurisdiction of the United
States shall, after the effective date of this section, acquire, hold in
his possession, earmark, or retain any interest, legal or equitable, in
any gold coin, gold certificates, or gold bullion, situated outside of
the United States or any securities issued by any person holding, as a
substantial part of his assets, gold as a store of value or as, or in
lieu of, money and not for a specific and customary industrial,
professional or artistic use. The Secretary of the Treasury, subject to
such other regulations as he may prescribe, is authorized to issue
licenses permitting the acquisition and holding by persons subject to
the jurisdiction of the United States of gold bullion situated outside
of the United States which the Secretary or such agency as he may
designate is satisfied is required for legitimate and customary use in
the industry, profession, or art in which such person is regularly
engaged."
2. Notwithstanding the provisions of Section 1 of this Order, the
Secretary of the Treasury is authorized to issue licenses permitting,
until January 1, 1963, the holding and disposition or importation of
gold coins having a recognized special value to collectors of rare and
unusual coil situated outside of the United States which were acquired
by persons subject to the jurisdiction of the United States prior to the
effective date of this amendment and are owned by such persons on such
date.
The amendment shall become effective upon filing for publication with
the Office of the Federal Register.
THE WHITE HOUSE,
July 20, 1962.
JOHN F. KENNEDY
/4/ 12 U.S.C.A. 95a.
Executive Order No. 11036, 27 F.R. 6653, July 13, 1962, AGRICULTURAL
TRADE DEVELOPMENT
By virtue of the authority vested in me by Section 301 of Title 3 of
the United States Code, /2/ and as President of the United States, it is
ordered that Executive Order No. 10900 of January 5, 1961, as amended,
/3/ be, and it is hereby, further amended as follows:
(I) By substituting for Section 4(a) the following:
"Sec. 4. Foreign currencies. (a)(1) Foreign currencies which accrue
under Title I of the Act may be used for the purposes set forthin
Section 104 of the Act in amounts consonant with applicable provisions
of law and of sales agreements and loan agreements. Except as may be
inconsistent with such law or agreements, priority shall be accorded to
the sale of such currencies to appropriations or to their sale otherwise
for dollars. To such extent as he may deem necessary, the Director of
the Bureau of the Budget shall fix the amounts of such currencies to be
used for the purposes set forth in Section 104. The Director shall
notify the Secretary of the Treasury with respect to any amounts so
fixed.
"(2) The function conferred upon the President by the penultimate
proviso of Section 104 of the Act of waiving the applicability of
Section 1415 of the Supplemental Appropriation Act, 1953 (31 U.S.C.
724), is hereby delegated to the Secretary of State in respect of
Section 104(e) of the Act and to the Director of the Bureau of the
Budget in all other respects."
(II) By inserting the following new paragraph after Section 4(d)(4):
"(5) Those under Section 104(s) of the Act by the Department of the
Treasury in consultation with the Department of State. The function
conferred upon the President by Section 104(s) of the Act of prescribing
terms and conditions is hereby delegated to the Secretary of the
Treasury and shall be performed by him in consultation with the
Secretary of State."
(III) By substituting for Section 4(d)(7) the following:
"(7) Those under Section 104(g) of the Act by the Department of
State. The function conferred upon the President by Section 104(g) of
the Act of determining the manner in which the loans provided for in
that section shall be made is hereby delegated to the Secretary of
State."
THE WHITE HOUSE,
July 11, 1962.
JOHN F. KENNEDY
/2/ 3 U.S.C.A. 301.
/3/ 7 U.S.C.A. 1691 note; 22 U.S.C.A. 2382 note.
Executive Order No. 11035, 27 F.R. 6519, July 11, 1962
By virtue of the authority vested in me by the Federal Property and
Administrative Services Act of 1949, as amended, and as President of the
United States, it is hereby ordered as follows:
Section 1. The Administrator of General Services (hereinafter
referred as the Administrator) shall initiate and maintain plans and
programs for the effective and efficient acquisition and utilization of
Federally-owned and leased office space located in the states of the
United States or in the District of Columbia or in Puerto Rico
(hereinafter termed "in the United States"). The Administrator shall
prepare and issue standards and criteria for the use of such office
space and shall periodically undertake surveys of space requirements and
space utilization in the executive agencies and initiate actions and
formulate programs to meet the essential office space requirements of
executive agencies. In carrying out these functions, the Administrator
shall (a) coordinate proposed programs and plans for office buildings
and space with the Bureau of the Budget, (b) obtain from the Civil
Service Commission and the Office of Emergency Planning any information
in the possession of those agencies which may bear upon such programs
and plans, (c) take steps to relate programs for Federal office space to
urban and metropolitan area planning and redevelopment objectives, (d)
seek the cooperation of the heads of the executive agencies concerned
with any of the foregoing, and (e) annually submit long-range plans and
programs for the acquisition, Modernization, and use of space for
approval by the President.
Sec. 2. In carrying out the provisions of Section 201(e) of the
Federal Property and Administrative Services Act of 1949, as amended (40
U.S.C. 490(e)): /1/
(a) The Administrator, and the heads of executive agencies, shall be
guided by the following policies for the assignment, reassignment, and
utilization of office buildings and space in the United States:
(1) Primary consideration shall be given to the efficient performance
of the missions and programs of the executive agencies, with due regard
for the convenience of the public served and the maintenance and
improvement of the working conditions of employees;
(2) Maximum use shall be made of existing Government-owned permanent
buildings which are adequate or economically adaptable to the space
needs of executive agencies;
(3) Suitable privately-owned space shall be acquired only when
satisfactory Government-owned space is not available, and only at rental
charges which are consistent with prevailing scales in the community for
comparable facilities;
(4) Space planning and assignments shall take into account the
objective of consolidating agencies and constituent parts thereof in
common or adjacent space for the purpose of improving management and
administration;
(5) The quality of office space for Government operations shall be
appropriate for the efficient and economical performance of governmental
activities, while affording employees safe, healthful, and convenient
conditions of employment.
(b) The Administrator shall assign and reassign office space in the
United States upon his determination that such assignment or
reassignment will serve to improve the management and administration of
governmental activities and services, and will foster economy and
efficiency. Prior to making such determinations, the Administrator
shall consult with the heads of the executive agencies concerned and
take fully into account their requirements, consistent with his
responsibilities.
In the event that a head of an agency deems space assigned or reassigned
to his agency to be unsuitable, and the agency head and the
Administrator are unable to resolve the matter, the former, as promptly
as may be practicable and in no event later than the effective date of
the Administrator's assignment or reassignment, may make a written
report thereof, including information and views pertinent thereto, to
the President or to the Director of the Bureau of the Budget.
Sec. 3. The heads of executive agencies shall (a) cooperate with and
assist the Administrator in carrying out his responsibilities respecting
office buildings and space, (b) take measures to give the Administrator
early notice of new or changing space requirements, (c) seek to
economize in their requirements for space, and (d) review continuously
their needs for space in and near the District of Columbia, taking into
account the feasibility of decentralizing services or activities which
can be carried on elsewhere without excessive costs or significant loss
of efficiency.
Sec. 4. The provisions of this order shall be subject to applicable
provisions of law (including applicable provisions of any reorganization
plan).
Sec. 5. To the extent that it pertains to office space and
buildings, the letter of the President to the Administrator, General
Services Administration, dated August 31, 1960, is hereby superseded.
THE WHITE HOUSE,
July 9, 1962.
JOHN F. KENNEDY
/1/ 40 U.S.C.A. 490(e).
Executive Order No. 11034, 27 F.R. 6071, June 28, 1962, EDUCATIONAL
AND CULTURAL EXCHANGE ACT
By virtue of the authority vested in me by the Mutual Educational and
Cultural Exchange Act of 1961 (Public Law 87-256; 75 Stat 527;
hereinafter referred to as the Act), /7/ and as President of the United
States, I find that the delegations set forth in this order are in the
interest of the purposes expressed in the said Act and the efficient
administration of the purposes expressed in the said Act and the
efficient administration of the programs undertaken pursuant to that Act
and determine that the delegates specified in the order are appropriate
and I hereby order as follows:
Section 1. Department of State. (a) The following functions
conferred upon the President by the Act are hereby delegated to the
Secretary of State:
(1) The functions so conferred by Sections 102(a)(1),
102(a)(2)(i),(ii), and (iv), 102(b)(3),(5) and (9), 103, 104(e)(3), and
105(d)(1) and (e) of the Act.
(2) The functions so conferred by Sections 102(a)(2)(iii) and
(b)(1),(2),(4),(7) and (8) of the Act (the provisions of Section 2(a) of
this order notwithstanding).
(3) The functions so conferred by Section 102(a)(3) of the Act to the
extent that they pertain to liquidation of affairs respecting the
Universal and International Exhibition of Brussels, 1958.
(4) The functions so conferred by Sections 104(d) and (e)(4) and
108(c) and (d) of the Act to the extent that they pertain to the
functions delegated by the foregoing provisions of this section.
(5) The function so conferred by Section 104(e)(1) of the Act of
prescribing rates for per diem in lieu of subsistence; but in carrying
out the said functions as it relates to functions herein delegated to
the Director of the United States Information Agency or the Secretary of
Health, Education, and Welfare, the Secretary of State shall consult
with them.
(b) The Secretary of State, in collaboration with the Director of the
United States Information Agency, the Secretary of Commerce, and the
Secretary of Health, Education, and Welfare, with respect to the
functions delegated by Sections 2, 3, and 4, respectively, of this
order, shall prepare and transmit to the President the reports which the
President is required to submit to the Congress by Section 108(b) of the
Act.
(c) With respect to the carrying out the functions under Section
102(a)(2)(ii) of the Act hereinabove delegated to the Secretary of
State, the Director of the United States Information Agency shall
participate in the planning of cultural and other attractions. Such
participation shall include consultation in connection with (1) the
selection and scheduling of such attractions, and (2) the designation of
the areas where the attractions w, be presented.
Sec. 2. United States Information Agency. Subject to the provisions
of Section 6 of this order, the following functions conferred upon the
President by the Act are hereby delegated to the Director of the United
States Information Agency:
(a) The functions so conferred by Sections 102(a)(2)(iii) and (b)(1);
Section 102(b)(2) to the extent that it authorizes the type of centers
now supported by the United States Information Agency abroad and
designated as binational, community, or student centers; Section
2(b)(4) exclusive of professorships and lectureships; and Sections
102(b)(7) and (8) of the Act; all of the foregoing notwithstanding the
provisions of Section 1(a)(2) of this order.
(b) The functions so conferred by Section 104(e)(4) of the Act (the
provisions of Sections 1(a)(4) and 3(b) of this order notwithstanding).
(c) The functions so conferred by Section 102(a)(3) of the Act to the
extent that they are in respect of fairs, expositions, and
demonstrations held outside of the United States, but exclusive of the
functions delegated by the provisions of Section 1(a)(3) of this order.
(d) The functions so conferred by Sections 104(d) and 108(c) and (d)
of the Act to the extent that they pertain to the functions delegated by
the foregoing provisions of this section.
Sec. 3. Department of Commerce. Subject to the provisions of
Section 6 of this order, the following functions conferred upon the
President by the Act are hereby delegated to the Secretary of Commerce:
(a) The functions so conferred by Section 102(a)(3) of the Act to the
extent that they are in respect of fairs, expositions, and
demonstrations held in the United States.
(b) The functions so conferred by Sections 104(e)(4) and 108(c) of
the Act to the extent that they pertain to the functions delegated by
the foregoing provisions of this section.
Sec. 4. Department of Health, Education, and Welfare. Subject to
the provisions of Section 6 of this order, the functions conferred upon
the President by Section 102(b)(6) of the Act are hereby delegated to
the Secretary of Health, Education, and Welfare.
Sec. 5. Certain incidental matters. (a) In respect of functions
hereinabove delegated to them, there is hereby delegated to the
Secretary of State, the Director of the United States Information
Agency, the Secretary of Commerce, and the Secretary of Health,
Education, and Welfare, respectively:
(1) The authority conferred upon the President by Sections 105(d)(2)
and (f) and 106(d) and (f) of the Act.
(2) Subject to the provisions of Section 5(b) and (c) of this order,
the authority conferred upon the President by Section 104(b) of the Act
to employ personnel.
(b) The employment, by any department or other executive agency under
Section 5(a)(2) of this order, of any of the not to exceed ten persons
who may be compensated without regard to the Classification Act of 1949
under Section 104(b) of the Act shall require prior authorization by the
Secretary of State concurred in by the Director of the Bureau of the
Budget.
(c) Persons employed or assigned by a department or other executive
agency for the purpose of performing functions under the Act outside the
United States shall be entitled, except in cases in which the period of
employment or assignment exceeds thirty months, to the same benefits as
are provided by Section 528 of the Foreign Service Act of 1946, as
amended (22 U.S.C. 928), for persons appointed to the Foreign Service
Reserve. In cases in which the period of employment or assignment
exceeds thirty months, persons so employed or assigned shall be entitled
to such benefits if agreed by the agency in which such benefits may be
exercised.
(d) Pursuant to Section 104(f) of the Act, Executive Order No. 45 of
April 27, 1953 (18 F.R. 2489) is hereby established as the standards and
procedures for the employment or assignment to duties of persons under
the Act.
(e) Any officer to whom functions vested in the President by the Act
are hereinabove delegated may (1) allocate to any other officer of the
executive branch of the Government any funds appropriated or otherwise
made available for the functions so delegated to him as he may deem
appropriate for the best carrying out of the functions and (2) make
available, for use in connection with any funds so allocated by him, any
authority he has under this order.
Sec. 6. Policy guidance. In order to assure appropriate
coordination of programs, and taking into account the statutory
functions of the departments and other executive agencies concerned, the
Secretary of State shall exercise primary responsibility for
Government-wide leadership and policy guidance with regard to
international educational and cultural affairs.
Sec. 7. Functions reserved to the President. (a) There are hereby
excluded from the functions delegated by the Provisions of this order
the functions conferred upon the President with respect to (1) the
delegation of powers under Section 104(a) of the Act, (2) the
establishment of standards and procedures for the investigation of
personnel under Section 104(f) of the Act, (3) the transfer of
appropriations under Section 105(c) of the Act, (4) the appointment of
members of the Board of Foreign Scholarships under Section 106(a)(1) of
the Act, (5) the appointment of members, the designation of a chairman,
and the receipt of recommendations of the United States Advisory
Commission on International Educational and Cultural Affairs under
Section 106(b) of the Act, (6) the waiver of provisions of law or
limitations of authority under Section 108(a) of the Act, and (7) the
submission of annual reports to the Congress under Section 108(b) of the
Act.
(b) Notwithstanding the delegations made by this order, the President
may in his discretion exercise any function comprehended by such
delegations.
Sec. 8. Waivers. (a) It is hereby determined that the performance
by any department or other executive agency of functions authorized by
Sections 102(a)(2) and 102(a)(3) of the Act (22 U.S.C. 2452(a)(2) and
(3)) without regard to prohibitions and limitations of authority
contained in the following-specified provisions of law is in furtherance
of the purposes of the Act:
(1) Section 15 of the Administrative Expenses Act of 1946 (c. 744,
August 2, 1946; 60 Stat. 810), as amended (5 U.S.C. 55a) (experts and
consultants) /8/; but the compensation paid individuals in pursuance of
this paragraph shall not exceed the rate of $100.00 per diem.
(2) Section 16(a) of the Administrative Expenses Act of 1946 (c. 744,
August 2, 1946, 60 Stat. 810; 5 U.S.C. 78) /9/ to the extent that it
pertains to hiring automobiles and aircraft.
(3) Section 3648 of the Revised Statutes, as amended (31 U.S.C. 529)
(advance of funds). /10/
(4) Section 322 of the Act of June 30, 1932, c. 314, 47 Stat. 412 (40
U.S.C. 278a) (maximum charges). /11/
(5) Section 3709 of the Revised Statutes, as amended (41 U.S.C. 5)
(competitive bids). /12/
(6) Section 3710 of the Revised Statutes (41 U.S.C. 8) (opening of
bids). /13/
(7) Section 2 of the Act of March 3, 1933, c. 212. 47 Stat. 1520 (41
U.S.C. 10a) (Buy American Act). /14/
(8) Section 3735 of the Revised Statutes (41 U.S.C. 13) (contracts
limited to one year). /15/
(9) Sections 302-305 of the Federal Property and Administrative
Services Act of 1949 (June 30, 1949, c. 288, 63 Stat. 393 et seq.), as
amended (41 U.S.C. 252-255) (competitive bids; negotiated contracts;
advances). /16/
(10) Section 87 of the Act of January 12, 1895, c. 23, 28 Stat. 622,
and the second proviso of Section 11 of the Act of March 1, 1919, c. 86,
40 Stat. 1270, as amended (44 U.S.C. 111) /17/ to the extent that they
pertain to printing by the Government Printing Office.
(11) Section 1 of the Act of June 20, 1878, c. 359, 20 Stat. 216, as
amended, (44 U.S.C. 322) (advertising). /18/
(12) Section 3828 of the Revised Statutes (44 U.S.C. 324)
(advertising). /19/
(13) Section 901(a) of the Merchant Marine Act, 1936 (June 29, 1936,
c. 858, 49 Stat. 2015, as amended; 46 U.S.C. 1241(a)) (official travel
overseas of United States officers and employees, and transportation of
their personal effects, on ships registered under the laws of the United
States). /20/
(14) Any provision of law or limitation of authority to the extent
that such provision or limitation would limit or prohibit construction
of buildings by the United States on property not owned by it.
(b) It is directed (1) that all waivers of statutes and limitations
of authority effected by the foregoing provisions of this section shall
be utilized in a prudent manner and as sparingly as may be practical,
and (2) that suitable steps shall be taken by the administrative
agencies concerned to insure that result, including, as may be
appropriate, the imposition of administrative limitations in lieu of
waived statutory requirements and limitations of authority.
Sec. 9. Definition. As used in this order, the word "function" or
"functions" includes any duty, obligation, power, authority,
responsibility, right, privilege, discretion, or activity.
Sec. 10. Reference to orders and acts. Except as may for any reason
be inappropriate:
(a) References in this order to the Act or any provisions of the Act
shall be deemed to include references thereto as amended from time to
time.
(b) References in this order to any prior Executive order not
superseded by this order shall be deemed to include references thereto
as amended from time to time.
Sec. 11. Prior directives and actions. (a) This order supersedes
Executive Order No. 10716 of June 17, 1957, and Executive Order No.
10912 of January 18, 1961. Except to the extent that they may be
inconsistent with law or with this order, other directives, regulations,
and actions relating to the functions delegated by this order and in
force immediately prior or revoked by appropriate authority.
(b) This order shall neither limit nor be limited by Executive Order
No. 11014 of April 17, 1962.
(c) To the extent not heretofore superseded, there are hereby
superseded the provisions of the letter of the President to the Director
of the United States Information Agency dated August 16, 1955, and
August 21, 195 (22 F.R. 101-103).
Sec. 12. Effective date. The provisions of this order shall be
effective immediately.
THE WHITE HOUSE,
June 25, 1962.
JOHN F. KENNEDY
/7/ 22 U.S.C.A. 2451 et seq.
/8/ 5 U.S.C.A. 55a.
/9/ 5 U.S.C.A 78.
/10/ 31 U.S.C.A. 529.
/11/ 40 U.S.C.A. 278a.
/12/ 41 U.S.C.A. 5.
/13/ 41 U.S.C.A. 8.
/14/ 41 U.S.C.A. 10a.
/15/ 41 US.C.A. 13.
/16/ 41 US.C.A. 252-255.
/17/ 44 US.C.A. 111.
/18/ 44 U.S.C.A 322.
/19/ 44 U.S.C.A 324.
/20/ 46 U.S.C.A. 1241(a).
Executive Order No. 11033, 27 F.R. 5903, June 22, 1962, EMERGENCY
BOARD TO INVESTIGATE DISPUTES
WHEREAS disputes exist between the American Airlines, Inc., a carrier
and certain of its employees represented by the Transport Workers Union
of America, AFL-CIO, a labor organization; and
WHEREAS these disputes have not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS these disputes, in the judgment of the National Mediation
Board, threaten substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by Section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /6/ I hereby
create a board of three members, to be appointed by me, to investigate
these disputes. No member of the board shall be pecuniarily or
otherwise interested in any organization of airline employees or any
carrier.
The board shall report is findings to the President with respect to
these disputes within thirty days from the date of this order.
As provided by Section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the American
Airlines, Inc., or ,y its employees, in the conditions out of which
these disputes arose.
THE WHITE HOUSE,
June 20, 1962.
JOHN F. KENNEDY
/6/ 45 U.S.C.A 160.
Executive Order No. 11032, 27 F.R. 5901, June 22, 1962
By virtue of the authority vested in me by Sections 4561 and 9561 of
Title 10, United States Code, /4/ and Section 301 of Title 3, United
States Code, /5/ it is ordered that Executive Order No. 5952 of November
23, 1932, as amended, prescribing the Army Ration, be, and it is hereby,
further amended as follows:
Section 1. Part 3 (Field Ration) is amended--
(a) by striking out the words "only in time of war or national
emergency" in the first sentence; and
(b) by striking out the words "Secretary of War" in the third
sentence and inserting the words "Secretary of the military department
concerned" in place thereof.
Sec. 2. A new Part 7 is added, as follows:
"7. SPECIAL FEEDING REQUIREMENTS
"Notwithstanding the provisions of the foregoing parts, the Secretary
of the military department concerned may prescribe procedures, including
increased monetary allowances, to meet special feeding requirements."
THE WHITE HOUSE,
June 19, 1962.
JOHN F. KENNEDY
/4/ 10 U.S.C.A. 4561 and 9561.
/5/ 3 U.S.C.A. 301.
Executive Order No. 11031, 27 F.R. 5899, June 22, 1962
By virtue of the authority vested in me as President of the United
States, it is ordered as follows:
Section 1. The existence of the Quetico-Superior Committee (which
was created by Executive Order No. 6783 of June 30, 1934, and thereafter
continued from time to time) is hereby extended for a period of four
years ending June 30, 1966.
Sec. 2.(a) The following-named present members of the
Quetico-Superior Committee are hereby re-appointed as members of the
Committee for a four-year period ending June 30, 1966:
(b) The two additional members of the Committee, provided for by
Executive Order No. 6783, shall continue to be designated by, and serve
at the pleasure of, the Secretary of Agriculture and the Secretary of
the Interior, respectively.
Sec. 3. The said Executive Order No. 6783, as amended, is hereby
further amended accordingly.
THE WHITE HOUSE,
June 19, 1962.
JOHN F. KENNEDY
Executive Order No. 11030, 27 F.R. 5847, June 21, 1962, PUBLICATION
OF EXECUTIVE ORDERS
By virtue of the authority vested in me by the Federal Register Act
(49 Stat. 500, as amended; 44 U.S.C. 301 et. seq.) /1/ and as President
of the United States, I hereby prescribe the following regulations
governing the preparation, presentation, filing, and publication of
Executive orders and proclamations:
Section 1. Form. Proposed Executive orders and proclamations shall
be prepared in accordance with the following requirements:
(a) The order or proclamation shall be given a suitable title.
(b) The order or proclamation shall contain a citation of the
authority under which it is issued.
(c) Punctuation, capitalization, spelling, and other matters of style
shall, in general, conform to the most recent edition of the Style
Manual of the United States Government Printing Office.
(d) The spelling of geographic names shall conform to the decisions
of the Board on Geographic Names, established by Section 2 of the Act of
July 25, 1947, 61 Stat. 456 (43 U.S.C. 364a). /2/
(e) Descriptions of tracts of land shall conform, so far as
practicable, to the most recent edition of the "Specifications for
Descriptions of Tracts of Land for Use in Executive Orders and
Proclamations," prepared by the Bureau of Land Management, Department of
the Interior.
(f) Proposed Executive orders and proclamations shall be typewritten
on paper approximately 8x13 inches, shall have a left-hand margin of
approximately 1 1/2 inches and a right-hand margin of approximately 1
inch, and shall be double-space, except that quotations, tabulations,
and descriptions of land may be single-spaced.
Sec. 2. Routing and approval of drafts. (a) A proposed Executive
order or proclamation shall first be submitted, with seven copies
thereof, to the Director of the Bureau of the Budget, together with a
letter, signed by the head or other properly authorized officer of the
originating Federal agency, explaining the nature, purpose, background,
and effect of the proposed Executive order or proclamation and its
relationship, if any, to pertinent laws and other Executive orders or
proclamations.
(b) If the Director of the Bureau of the Budget approves the proposed
Executive order or proclamation, he shall transmit it to the Attorney
General for his consideration as to both form and legality
(c) If the Attorney General approves the proposed Executive order or
proclamation, he shall transmit it to the Director of the Office of the
Federal Register, National Archives and Records Service, General
Services Administration: Provided, that in cases involving sufficient
urgency the Attorney General may transmit it directly to the President;
and provided further, that the authority vested in the Attorney General
by this section may be delegated by him, in whole or in part, to the
Deputy Attorney General, Solicitor General, or to such Assistant
Attorney General as he may designate.
(d) After determining that the proposed Executive order or
proclamation conforms to the requirements of Section 1 of this order and
is free from typographical or clerical error, the Director of the Office
of the Federal Register shall transmit it and three copies thereof to
the President.
(e) If the proposed Executive order or proclamation is disapproved by
the Director of the Bureau of the Budget or by the Attorney General, it
shall not thereafter be presented to the President unless it is
accompanied by a statement of the reasons for such disapproval.
Sec. 3. Routing and certification of originals and copies. (a) If
the order or proclamation is signed by the President, the original and
two copies thereof shall be forwarded to the Director of the Office of
the Federal Register for publication in the FEDERAL REGISTER: Provided,
that prior to such forwarding the Seal of the United States shall be
affixed to the originals of proclamations to the extent required by
statute or Executive order.
(b) The Office of the Federal Register shall cause to be placed upon
the copies of all Executive orders and proclamations forwarded as
provided in subsection (a) of this section the following notation, to be
signed by the Director or by some person authorized by him to sign such
notation: "Certified to be a true copy of the original."
Sec. 4. Proclamations calling for the observance of special days or
events. Except as may be otherwise provided by law, responsibility for
the preparation and presentation of proposed proclamations calling for
the observance of special days, or other periods of time, or events
shall be assigned by the Director of the Bureau of the Budget to such
agencies as he may consider appropriate. Such proposed proclamations
shall be submitted to the Director at least sixty days before the date
of the specified observance.
Sec. 5. Proclamations of treaties excluded. Consonant with the
provisions of Section 12 of the Federal Register Act (49 Stat. 503; 44
U.S.C. 312), /3/ nothing in this order shall be construed to apply to
treaties, conventions, protocols, or other international agreements, or
proclamations thereof by the President.
Sec. 6. Definition. The term "Presidential proclamations and
Executive orders," as used in Section 5(a) of the Federal Register Act
(44 U.S.C. 305(a)), /4/ shall, except as the President or his
representative may hereafter otherwise direct, be deemed to include such
attachments thereto as are referred to in the respective proclamations
or orders.
Sec. 7. Prior order. Upon its publication in the FEDERAL REGISTER,
this order shall supersede Executive Order No. 10006 of October 9, 1948.
The regulations prescribed by this order shall be codified under
Title 1 of the Code of Federal Regulations.
THE WHITE HOUSE,
June 19, 1962.
JOHN F. KENNEDY
/1/ 44 U.S.C.A 301 et seq.
/2/ 43 U.S.C.A 364a.
/3/ 44 U.S.C.A 312.
/4/ 44 U.S.C.A 305(a).
Executive Order No. 11029, 27 F.R. 5699, June 15, 1962
By virtue of the authority vested in me by Section 206 of the Labor
Management Relations Act, 1947, 61 Stat. 155 (29 U.S.C. 176), /25/ I
hereby amend the title of Executive Order No. 11025 of June 7, 1962,
/26/ to read as follows: "Creating a Board of Inquiry to Report on
Labor Disputes Affecting the Tactical Fighter Production Industry, which
is part of the Aircraft Industry of the United States."
By virtue of the above stated authority I further amend Executive
Order No. 11025 by substituting the following for the first and second
paragraphs:
"WHEREAS, there exists a labor dispute between Republic Aviation
Corporation, Farmingdale, Long Island, New York, and certain of its
employees represented by the International Association of Machinists;
Republic Lodge 1987, International Association of Machinists, AFL-CIO;
Local Union 775, United Association of Journeymen and Apprentices of the
Plumbing and Pipe Fitting Industry of the United States and Canada,
AFL-CIO; International Brotherhood of Electrical Workers, Local Union
25, AFL-CIO; Local Union 1318, United Brotherhood of Carpenters and
Joiners of America, AFL-CIO; and International Union of Operating
Engineers, Local unions 30 and 30-A, AFL-CIO; and between John G.
Sharp, Cafeteria Concessionaire at this Republic Aviation Corporation
facility and certain employees represented by Local 164, Hotel and
Restaurant Employees and Bartenders International Union, AFL-CIO; and"
"WHEREAS, such disputes have resulted in a strike which, in my
opinion, affects a substantial part of the tactical fighter production
industry, an industry engaged in trade, commerce, and transportation
among the several states and with foreign nations, and which strike
will, if permitted to continue, imperil the national safety:"
THE WHITE HOUSE,
June 13, 1962.
JOHN F. KENNEDY
/25/ 29 U.S.C.A. 176.
/26/ 1962 Cong. & Adm.News, p. 4344.
Executive Order No. 11028, 27 F.R. 5589, June 13, 1962, TRANSFERRING
LANDS
By virtue of the authority vested in me by section 24 of the Act of
March 3, 1891 (26 Stat. 1103; 16 U.S.C. 471), /19/ the Act of June 4,
1897 (30 Stat. 34, 36; 16 U.S.C. 473), /20/ and as President of the
United States, and upon the recommendation of the Secretary of
Agriculture, it is ordered as follows:
1. That part of the Clark National Forest lying in townships 23
north to 27 north, inclusive, and ranges 1 and 2 east and 1 to 5 west,
inclusive, Fifth Principal Meridian, Missouri, as proclaimed by
Proclamation No. 2363 of September 11, 1939 (54 Stat. 2657), as modified
by Executive Order No. 10932 of April 7, 1961 (26 F.R. 3051), /21/ is
hereby transferred to and made a part of the Mark Twain National Forest.
2. That part of the Mark Twain National Forest lying in townships 31
north to 37 north, inclusive, and ranges 9 west to 13 west, inclusive,
Fifth Principal Meridian, Missouri, as proclaimed by Proclamation No.
2362 of September 11, 1939 (54 Stat. 2655), as modified by Executive
Order No. 10932 of April 7, 1961 (26 F.R. 3051), /22/ is hereby
transferred to and made a part of the Clark National Forest.
3. Lot 1, section 25, township 40 north, range 3 west, Michigan
Meridian (Round Island) is hereby added to and made a part of the
Hiawatha National Forest (michigan) as proclaimed by Proclamation of
January 16, 1931 (46 Stat. 3043), as modified by Proclamation No. 2318
of January 3, 1939 (53 Stat. 2518), Executive Order No. 10932 of April
7, 1961 (26 F.R. 3051), /23/ and Executive Order No. 10993 of February
9, 1962 (27 F.R. 1312). /24/
This order shall become effective on July 1, 1962.
THE WHITE HOUSE,
June 9, 1962.
JOHN F. KENNEDY
/19/ 16 U.S.C.A. 471.
/20/ 16 U.S.C.A 473.
/21/ 1961 U.S.Code Cong. & Adm.News, p. 1285.
/22/ 1961 U.S,Code Cong. & Adm.News, p. 1285.
/23/ 1961 U.S.Code Cong. & Adm.News, p. 1285.
/24/ 1962 Cong. & Adm.News, p. 4278.
Executive Order No. 11027, 27 F.R. 5533, June 12, 1962
WHEREAS a dispute exists between the New York Central Railroad
Company System and the Pittsburgh and Lake Erie Railroad Company and
certain of their employees represented by the Order of Railroad
Telegraphers; and
WHEREAS this dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS this dispute, in the judgment of the National Mediation
Board, threaten substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by Section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /18/ I hereby
create a board of three members, to be appointed by me, to investigate
this dispute. No member of the board shall be pecuniarily or other wise
interested in any organization of railroad employees or any carrier.
The board shall report its findings to the President with respect to
this dispute within thirty days from the date of this order.
As provided by Section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the New York
Central Railroad Company System and the Pittsburgh and Lake Erie
Railroad Company, or by their employees, in the conditions out of which
this dispute arose.
THE WHITE HOUSE,
June 8, 1962.
JOHN F. KENNEDY
/18/ 45 U.S.C.A. 160.
Executive Order No. 11026, 27 F.R. 5531, June 12, 1962
By virtue of the authority vested in me by Section 206 of the Labor
Management Relations Act, 1947, 61 Stat. 155 (29 U.S.C. 176), /17/ I
hereby amend the first paragraph of Executive Order No. 11025 of June 7,
1962, entitled "Creating a Board of Inquiry to Report on a Labor Dispute
Affecting the Aircraft Industry of the United States," to read as
follows:
"WHEREAS, there exists a labor dispute between Republic Aviation
Corporation, Farmingdale, Long Island, New York, and certain of its
employees represented by Republic Lodge, 1987, International Association
of Machinists, AFL-CIO; Local Union 775, United Association of
Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of
the United States and Canada, AFL-CIO; International Brotherhood of
Electrical Workers, Local Union 25, AFL-CIO; Local Union 1318, United
Brotherhood of Carpenters and Joiners of America, AFL-CIO; and
International Union of Operating Engineers, Local Unions 30 and 30-A,
AFL-CIO; and between John G. Sharp, Cafeteria Concessionaire at this
Republic Aviation Corporation facility and certain employees represented
by Local 164, Hotel and Restaurant Employees and Bartenders
International Union, AFL-CIO; and"
THE WHITE HOUSE,
June 8, 1962.
JOHN F. KENNEDY
/16/ 1962 Cong. & Adm.News Pamphlet, p. 4344.
/17/ 29 U.S.C.A. 176.
Executive Order No. 11025, 27 F.R. 5467, June 9, 1962
WHEREAS, there exists a labor dispute between Republic Aviation
Corporation, Farmingdale, Long Island, New York, and certain of its
employees represented by Republic Lodge 1987, International Association
of Machinists, AFL-CIO; and
WHEREAS, such dispute has resulted in a strike which, in my opinion,
affects a substantial part of the aircraft industry, an industry engaged
in trade, commerce, and transportation among the several States and with
foreign nations, and which strike will, if permitted to continue,
imperil the national health and safety:
NOW, THEREFORE, by virtue of the authority vested in me by Section
206 of the Labor Management Relations Act, 1947, 61 Stat. 155 (29 U.S.C.
176), /15/ I hereby create a Board of Inquiry, consisting of Honorable
Lloyd K. Garrison, Chairman, Honorable James C. Hill, and Honorable
Arthur Stark as members to inquire into the issues involved in such
dispute.
The Board shall have powers and duties as set forth in Title II of
such Act. The Board shall report to the President in accordance with
the provisions of Section 206 of such Act on or before June 14, 1962.
Upon submission of its report, the Board shall continue in existence
to perform such other functions as may be required under such Act.
THE WHITE HOUSE,
June 7, 1962.
JOHN F. KENNEDY
/15/ 29 U.S.C.A. 176.
Executive Order No. 11024, 27 F.R. 5385, June 7, 1962, ALAN T.
WATERMAN-- RETIREMENT
WHEREAS Dr. Alan T. Waterman, Director of the National Science
Foundation, will, during the month of June 1962, become subject to
compulsory retirement for age under the provisions of the Civil Service
Retirement Act, unless exempted therefrom by Executive order; and
WHEREAS, in my judgment, the public interest requires that Dr.
Waterman be exempted from such compulsory retirement
NOW, THEREFORE, by virtue of and pursuant to the authority vested in
me by section 5 of the Civil Service Retirment Act, 70 Stat. 748 (5
U.S.C. 2255), /14/ I hereby exempt Alan T. Waterman from compulsory
retirement for age for an indefinite period of time.
THE WHITE HOUSE,
June 4, 1962.
JOHN F. KENNEDY
/14/ 5 U.S.C.A. 2255.
Executive Order No. 11023, 27 F.R. 5131, June 1, 1962, THE COAST AND
GEODETIC SURVEY
By virtue of the authority vested in me by section 301 of title 3 of
the United States Code, /1/ and as President of the United States, it is
ordered as follows:
Section 1. The Secretary of Commerce is hereby designated and
empowered to perform the following-described functions without the
approval, ratification, or other action of the President:
(a) The authority contained in section 6(b) of the Coast and Geodetic
Survey Commissioned Officers Act of 1948 (62 Stat. 298; 33 U.S.C.
853e(b)) /2/ to revoke the commissions of ensigns of the Coast and
Geodetic Survey who are found not fully qualified and to separate such
ensigns from the commissioned service.
(b) The authority vested in the President by section 12(a) of the
Coast and Geodetic Survey Commissioned Officers Act of 1948, as amended
(75 Stat. 506; 33 U.S.C. 853j-1(a)), /3/ to make temporary appointments
in the grad of ensign in the Coast and Geodetic Survey.
(c) The authority vested in the President by section 12(b) of the
Coast and Geodetic Survey Commissioned Officers Act of 1948, as amended
(75 Stat. 506; 33 U.S.C. 853j-1(b)), /4/ to temporarily promote
officers in the permanent grade of ensign in the Coast and Geodetic
Survey, and to appoint such officers to the grade of lieutenant junior
grade whenever vacancies exist in high grades.
(d) The authority vested in the President by section 12(c) of the
Coast and Geodetic Survey Commissioned Officers Act of 1948, as amended
(75 Stat. 506; 33 U.S.C. 853j-1(c)), /5/ to temporarily promote any
officer one grade.
(e) The authority vested in the President by section 13(b) of the
Coast and Geodetic Survey Commissioned Officers Act of 1948, as amended
(75 Stat. 506; 33 U.S.C. 853k(b)), /6/ to defer the retirement of an
officer of the Coast and Geodetic Survey serving in a rank above that of
captain who has attained the age of sixty-two years.
(f) The authority vested in the President by section 14 of the Coast
and Geodetic Survey Commissioned Officers Act of 1948, as amended (75
Stat. 506; 33 U.S.C. 853l), /7/ to retire from the active service any
commissioned officer of the Coast and Geodetic Survey, upon his own
application, who has completed twenty years of active service in the
Coast and Geodetic Survey.
(g) The authority vested in the President by section 23(a) of the
Coast and Geodetic Survey Commissioned Officers Act of 1948, as amended
(75 Stat. 506; 33 U.S.C. 853t(a)), /8/ (1) to find that any officer
appointed under section 23 is not qualified for service, (2) to revoke
the commissions of officers in respect of whom such finds are made, and
(3) to prescribe the regulations referred to in that section.
(h) The authority contained in section 1(a) of the Act of December 3,
1942 (56 Stat. 1038, 33 U.S.C. 854a-1(a)) /9/ to temporarily promote to
higher ranks or grades, upon recommendation of the Secretary of the
military department concerned, commissioned officers of the Coast and
Geodetic Survey transferred to the military departments.
(i) The authority contained in section 1(2) of the Act of December 3,
1942 (56 Stat. 1038; 33 U.S.C. 854a-1(2)) /10/ to temporarily promote
commissioned officers of the Coast and Geodetic Survey to fill vacancies
in ranks and grades caused by transfer of commissioned officers to the
service and jurisdiction of the military departments.
(j) The authority contained in section 1(3) of the Act of December 3,
1942 (56 Stat. 1038; 33 U.S.C. 854a-1(3)) /11/ to temporarily appoint
deck officers and junior engineers to the grade of ensign to fill
vacancies caused by transfer of officers to the military departments.
(k) The authority vested in the President by section 16 of the Act of
May 22, 1927 (40 Stat. 87; 33 U.S.C. 855), /12/ to transfer to service
and jurisdiction of the Department of Defense, as he may deem to be to
the best interest of the country, vessels, equipment, stations, and
personnel of the Coast and Geodetic Survey; but the Secretary of
Commerce may effect such transfers only during the existence of a state
of national emergency proclaimed by the President. Commissioned
officers so transferred shall serve under their commissions in the Coast
and Geodetic Survey and while so serving shall constitute a part of the
active armed forces of the United States States and shall be under the
direct orders of, and shall be subject to the applicable laws,
regulations, and orders for the government of, the armed forces to which
they are transferred, respectively. The Secretary of Commerce may
return such vessels, equipment, stations, and personnel to the
jurisdiction of the Department of Commerce, but in time of national
emergency such return shall be effected only with the concurrence of the
Secretary of Defense.
(l) The authority vested in the President by section 8 of the Act of
August 6, 1947 (61 Stat. 788; 33 U.S.C. 883h) /13/ to employ public
vessels, and to give instructions for regulating their conduct, to carry
out the provisions of the Act of August 6, 1947; but the employment by
the Secretary of Commerce of vessels, except those of the Department of
Commerce or of any subordinate entity thereof, shall require the
concurrence of the head of the department or other executive agency
having custody or control of the vessel.
Sec. 2. Upon receipt by the Secretary of Commerce from the President
or from the President's representative of information showing that the
Senate has confirmed nominees of the President for appointment as
commissioned officers of the Coast and Geodetic Survey, and without any
further action on the part of the President, (1) the Secretary of
Commerce or an officer of the Department of Commerce designated by the
Secretary may, upon completion of statutory requirements for such
appointments, tender offers of appointment to the nominees and upon
acceptance such persons shall be deemed to be appointed accordingly, (2)
the Secretary of Commerce, in the name of the President, shall issue to
each such person a commission evidencing the appointment of such person
accordingly, and (3) the commissions of such persons shall be deemed to
have been signed by the President. The effective date specified in any
commission so issued shall be deemed, for all purposes, to be the date
of the appointment evidenced by such commission.
Sec. 3. In connection with making appointments or promotions under
authority delegated to him by subsections (b), (c), (d), (h), (i), and
(j) of section 1 of this order, the Secretary of Commerce shall issue to
each person appointed or promoted by him thereunder a certificate
evidencing the appointment or promotion of such person. Such
certificate may be issued in the name of the President.
Sec. 4. Any requirement of any provision of law that commissions of
officers under the direction and control of the Secretary of Commerce be
signed by the President before the seal of the Department of Commerce
may be affixed thereto shall, in the case of officers appointed under
the procedure set forth in section 2 of this order and in the case of
officers appointed or promoted under authority delegated by subsections
(b), (c), (d), (h), (i), and (j) of section1 of this order, be deemed to
be satisfied by signature of the commission or certificate by the
Secretary of Commerce before the departmental seal is affixed thereto.
Sec. 5. The Secretary of Commerce is hereby authorized to accept, in
the name of the President, the resignation of a commissioned officer,
either permanent or temporary, of the Coast and Geodetic Survey.
Sec. 6. The authority delegated by the provisions of subsections
(b), (c), (d), (h), (i), and (j) of section 1 of this order shall be
deemed to include the authority to terminate any appointment or
promotion made under the provisions of law referred to in those
subsections.
Sec. 7. All actions heretofore taken by the President with respect
to the matters affected by this order and in force at the time of
issuance of this order, including any regulations prescribed or approved
by the President with respect to such matters shall, except as they may
be inconsistent with the provisions of this order, remain in effect
until amended, modified or revoked pursuant to the authority conferred
by this order. The following are hereby superseded: (1) Letter of the
President to the Secretary of Commerce, dated April 23, 1929, and
relating to the general subject of section 2 of this order, and (2)
letter of the Secretary to the President, dated July 1, 1919, and
directed to the Secretary of Commerce, relating to the general subject
of section 5 of this order.
Sec. 8. As used in this order the term "functions" embraces duties,
powers, responsibilities, authority or discretion, and the term
"perform" may be construed to mean "exercise".
THE WHITE HOUSE,
May 28, 1962.
JOHN F. KENNEDY
/1/ 3 U.S.C.A. 301.
/2/ 33 U.S.C.A. 853e(b).
/3/ 33 U.S.C.A. 853j-1(a).
/4/ 33 U.S.C.A. 853j-1(b).
/5/ 33 U.S.C.A. 853j-1(c).
/6/ 33 U.S.C.A. 853k(b).
/7/ 33 U.S.C.A. 853l.
/8/ 33 U.S.C.A. 853t(a).
/9/ 33 U.S.C.A. 854a-1(1).
/10/ 33 U.S.C.A. 854a-1(2).
/11/ 33 U.S.C.A. 854a-1(e).
/12/ 33 U.S.C.A. 855.
/13/ 33 U.S.C.A. 883h.
Executive Order No. 11022, 27 F.R. 4659, May 17, 1962
By virtue of the authority vested in me as President of the United
States, it is hereby ordered as follows:
Section 1.(a) There is hereby established as the President's Council
on Aging (hereinafter referred to as the "Council").
(b) The Council shall be composed of the Secretary of Health,
Education, and Welfare, who shall be Chairman, the Secretary of
Agriculture, the Secretary of Commerce, the Secretary of Labor, the
Secretary of the Treasury, the Chairman of the Civil Service Commission,
the Administrator of the Housing and Home Finance Agency, and the
Administrator of Veterans' Affairs.
(c) The Chairman of the Council shall invite the head of any other
Federal department or agency to attend any meeting of the Council at
which any matter within or affecting the area of responsibility of such
department or agency is considered and to be a temporary member with
respect to such matter.
Sec. 2. The Council shall:
(a) Maintain a continuing study of the overall responsibilities of
the Federal Government with respect to the problems of the aging and
make recommendations to the President concerning policies and programs
required to meet Federal responsibilities, particularly on matters which
do not fall within the jurisdiction of a single agency.
(b) Identify matters which require coordinated action by two or more
Federal agencies and make appropriate arrangements for joint or
coordinated action, including, as appropriate, conferences, joint
studies, and the development of recommendations to the President.
(c) Promote the sharing and dissemination of information on the needs
of the aging and policies and programs relating to the aging, among
Federal Departments and agencies and between them and State, local, or
private agencies and organizations having functions or interests in
fields relating to the problems of aging.
(d) Prepare an annual consolidated report to the President concerning
the activities of the Council and the several Federal departments and
agencies having programs relating to the aging.
Sec. 3 (a) Consonant with law, each department or agency represented
on the Council shall, as may be necessary for the effectuation of the
purpose of this order, furnish assistance to the Council in accordance
with Section 214 of the Act of May 3, 1945, 59 Stat. 134 (31 U.S.C.
691). /7/
(b) Other Federal departments and agencies are also authorized and
directed, to the extent not inconsistent with law, to cooperate with the
Council and to furnish it such information and assistance as it may find
necessary in the performance of its functions.
Sec 4. The Federal Council on Aging, established by a letter from
the President to the Secretary of Health, Education, and Welfare, dated
March 7, 1959, is hereby abolished and that letter is hereby superseded.
THE WHITE HOUSE,
May 14, 1962.
JOHN F. KENNEDY
/7/ 31 U.S.C.A. 691.
Executive Order No. 11021, 27 F.R. 4409, May 9, 1962, THE PACIFIC
ISLANDS
WHEREAS the Trust Territory of the Pacific Islands was placed under
the trusteeship system established in the Charter of the United Nations
by means of a trusteeship agreement approved by the Security Council of
the United Nations on April 2, 1947, and by the United States Government
on July 18, 1947, after due constitutional process (hereafter referred
to as the trusteeship agreement); and
WHEREAS the United States of America was designated under the terms
of the trusteeship agreement as the administering authority of the Trust
Territory referred to above (hereinafter referred to as the trust
territory); and
WHEREAS the United States has heretofore assumed obligations for the
civil administration of the trust territory and has carried out such
civil administration under the provisions of Executive Orders Nos. 9875
of July 18, 1947, 10265 of June 29, 1951, 10408 of November 10, 1952,
and 10470 of July 17, 1953; and
WHEREAS thereunder the Secretary of the Navy is now responsible for
the civil administration of the Northern Mariana Islands except the
Island of Rota and the Secretary of Interior is responsible for the
civil administration of all of the remainder of the trust territory;
and
WHEREAS it appears that the purposes of the trusteeship agreement can
best be effectuated at this time by placing in the Secretary of the
Interior responsibility for the civil administration of all of the trust
territory:
NOW, THEREFORE, by virtue of the authority vested in me by the Act of
June 30, 1954 (68 Stat. 330; 48 U.S.C. 1681) /3/ and as President of
the United States, it is ordered as follows:
Section 1. Responsibility of Secretary of the Interior. The
responsibility for the administration of civil government in all of the
trust territory, and all executive, legislative, and judicial authority
necessary for that administration, are hereby vested in the Secretary of
the Interior. Subject to such policies as the President may from time
to time prescribe, and in harmony with applicable law, and, where
advantageous, in collaboration with other departments and agencies of
the Government, the Secretary of the Interior shall take such actions as
may be necessary and appropriate to carry out the obligations assumed by
the United States as the administering authority of the trust territory
under the terms of the trusteeship agreement and under the Charter of
the United Nations: Provided however, That the authority to specify
parts or all of the trust territory as closed for security reasons and
to determine the extent to which Articles 87 and 88 of the Charter of
the United Nations shall be applicable to such closed areas, in
accordance with Article 13 of the trusteeship agreements, shall be
exercised by the President: And provided further, That the Secretary of
the Interior shall keep the Secretary of State currently informed of
activities in the trust territory affecting the foreign policy of the
United States and shall consult with the Secretary of State on questions
of policy concerning the trust territory which relate to the foreign
policy of the United States, and that all relations between the
departments and agencies of the Government and appropriate organs of the
United Nations with respect to the trust territory shall be conducted
through the Secretary of State.
Sec. 2. Redelegation of authority. The executive, legislative, and
judicial authority provided for in section 1 of this order may be
exercised through such officers or employees of the Department of the
Interior, or through such other persons under the jurisdiction of the
Secretary of the Interior, as the Secretary may designate, and shall be
exercised in such manner as the Secretary, or any person or persons
acting under the authority of the Secretary, may direct or authorize.
Sec. 3. Cooperation with Department of the Interior. The executive
departments and agencies of the Government shall cooperate with the
Department of the Interior in the effectuation of the provisions of this
order.
Sec. 4. Prior orders. To the extent not heretofore superseded or
otherwise rendered inapplicable, the following are hereby superseded:
(1) Executive Order No. 10265 of June 29, 1951. /4/
(2) Executive Order No. 10408 of November 10, 1952. /5/
(3) Executive Order No. 10470 of July 17, 1953. /6/
Sec. 5. Saving provisions. (a) Existing laws, regulations, orders,
appointments, or other acts promulgated, made, or taken by the Secretary
of the Interior or his delegates under the authority of Executive Order
No. 10265, as amended and in effect immediately prior to the effective
date of this order, shall remain in effect until they are superseded in
pursuance of the provisions of this order.
(b) Nothing contained in this order shall be construed as modifying
the rights or obligation of the United States under the provisions of
the trusteeship agreement or as affecting or modifying the
responsibility of the Secretary of State to interpret the rights and
obligations of the United States arising out of that agreement.
Sec. 6. Effective date. The provisions of this order shall become
effective on July 1, 1962.
THE WHITE HOUSE,
May 7, 1962.
JOHN F. KENNEDY
/3/ 48 U.S.C.A. 1681.
/4/ 48 U.S.C.A.prec. 1451 note.
/5/ 1952 U.S.Code Cong. & Adm.News, p. 1105.
6/ 1953 U.S.Code Cong. & Adm.News, p. 1030.
Executive Order No. 11020, 27 F.R. 4407, May 9, 1962
By virtue of the authority vested in me by section 55(a) of the
Internal Revenue Code of 1939, as amended (53 Stat. 29, 54 Stat. 1008;
26 U.S.C.(1952Ed.) 55(a)), /1/ and by section 6103(a) of the Internal
Revenue Code of 1954 (68A Stat. 753; 26 U.S.C. 6103(a)), /2/ it is
hereby ordered that any income, excess-profits, estate, or gift tax
return for the year 1946 to 1962, inclusive, shall, during the
Eighty-seventh Congress, be open to inspection by the Senate Committee
on Armed Services or any duly authorized subcommittee thereof, in
connection with its investigation of the acquisition, storage, and
disposal of strategic and critical materials, pursuant to Senate
Resolution 295, 87th Congress, agreed to February 22, 1962, such
inspection to be in accordance and upon compliance with the rules and
regulations prescribed by the Secretary of the Treasury in Treasury
Decisions 6132 and 6133, relating to the inspection of returns by
committees of the Congress, approved by the President on May 3, 1955.
This order shall be effective upon its filing for publication in the
FEDERAL REGISTER.
THE WHITE HOUSE,
May 7, 1962.
John F. Kennedy
/1/ 26 U.S.C.A.(I.R.C.1939) 55(a).
/2/ 26 U.S.C.A.(I.R.C.1954) 6103(a).
Executive Order No. 11019, 27 F.R. 4145, May 1, 1962, EXECUTIVE ORDER
NO. 10873
By virtue of the authority vested in me by section 1 of the
International Organizations Immunities Act (59 Stat. 669; 22 U.S.C.
288-288f), /21/ and as President of the United States, it is hereby
ordered that Executive Order No. 10873 of April 8, 1960, /22/ be amended
by substituting a semicolon for the period at the end of the last
sentence and by adding the following:
"Provided, That such designation shall not be construed to affect in
any way the applicability of the provisions of Section 3, Article XI, of
the Articles of Agreement of the Bank as adopted by the Congress of the
United States in the Inter-American Development Bank Act (73 Stat. 299;
22 U.S.C. 283-283i)."
THE WHITE HOUSE,
April 27, 1962.
JOHN F. KENNEDY
/21/ 22 U.S.C.A. 288.
/22/ 22 U.S.C.A. 288 note.
Executive Order No. 11018, 27 F.R. 4143, May 1, 1962
By virtue of the authority vested in me as President of the United
States, it is ordered that the first sentence of Section 1(b) of
Executive Order No. 10994 of February 14, 1962, /20/ be, and it is
hereby, amended to read as follows: "The Committee shall be composed of
a Chairman and not more than four Vice Chairmen, who shall be appointed
by and serve at the pleasure of the President, and of so many other
members as may be appointed thereto from time to time by the Chairman of
the President's Committee upon the advice of the Executive Committee
(hereinafter provided for) from among persons (including representatives
of organizations) who can contribute to the achievement of the
objectives of the Committee."
THE WHITE HOUSE,
April 27, 1962.
JOHN F. KENNEDY
/20/ 1962 U.S.Cong.and Adm.News, p. 4279.
Executive Order No. 11017, 27 F.R. 4141, May 1, 1962, OUTDOOR
RECREATION RESOURCES
WHEREAS it is necessary, through the conservation and wise use of
resources, to preserve, develop, and make accessible to all our people
outdoor recreation of such quantity and quality as will make possible
the individual enjoyment of, and will assure the physical, cultural, and
spiritual benefits of such recreation; and
WHEREAS the Federal Government has major nationwide responsibilities
with respect to outdoor recreation resources; and
WHEREAS it is necessary to improve the effectiveness of Federal
participation in the field of outdoor recreation; and
WHEREAS a new Bureau of Outdoor Recreation has recently been
established in the Department of the Interior; and
WHEREAS improvements in the development of national outdoor
recreation policies and the carrying out of national outdoor recreation
programs will be facilitated by the provision of more adequate
interagency consultation and advice:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is ordered as follows:
Section 1. Recreation Advisory Council. (a) There is hereby
established the Recreation Advisory Council (hereinafter referred to as
the Council). The Council shall be composed of the Secretary of the
Interior, the Secretary of Agriculture, the Secretary of Defense, the
Secretary of Health, Education, and Welfare, and the Administrator of
the Housing and Home Finance Agency. The chairmanship of the Council
shall rotate among these officials in the order named and for terms of
two years each.
Each of the foregoing officers may appoint a delegate to represent him
in Council activity. When matters affecting the interests of Federal
agencies (including, as used in this order, executive departments and
other executive agencies) the heads of which are not members of the
Council are to be considered by the Council, the chairman of the Council
shall invite such heads to participate in the deliberation of the
Council.
(b) The Secretary of the Interior, in consultation with the other
members of the Council, shall be responsible for developing methods and
procedures for improved interagency coordination in the development and
carrying out of national outdoor recreation policies and programs.
Sec. 2. Functions of the Council. (a) The Council shall provide
broad policy advice to the heads of Federal agencies on all important
matters affecting outdoor recreation resources and shall facilitate
coordinated efforts among the various Federal agencies.
(b) As far as may be practical, the Council, in carrying out the
provisions of subsection (a) of this section, shall include advice to
the Federal agencies concerned with respect to the following aspects of
outdoor recreation resources: (1) the protection and appropriate
management of scenic areas, natural wonders, primitive areas, historic
sites, and recreation areas of national significance, (2) the management
of Federal lands for the broadest possible recreation benefit consistent
with other essential uses, (3) the management and improvement of fish
and wildlife resources for recreational purposes, (4) cooperation with
and assistance to the States and local governments, (5) interstate
arrangements, including Federal participation where authorized and
necessary, and (6) vigorous and cooperative leadership in a nationwide
recreation effort.
Sec. 3. Construction. Nothing in this order shall be construed as
subjecting any function vested by law in, or assigned pursuant to law
to, any Federal agency or head thereof to the authority of any other
agency or officer &or as abrogating or restricting any such function in
any manner.
Sec. 4. Assistance and cooperation. (a) The Federal agencies headed
by the officers composing the Council shall furnish necessary assistance
to the Council in consonance with the provisions of Section 214 of the
Act of May 3, 1945, (59 Stat. 134; 31 U.S.C. 691).
(b) In respect of duties of the Council and of the chairman of the
Council, respectively, under this order, and insofar as practical, all
Federal agencies shall upon request furnish information, data, and
reports to, and shall otherwise cooperate with, the said Council and
chairman.
THE WHITE HOUSE,
April 27, 1962.
JOHN F. KENNEDY
Executive Order No. 11016, 27 F.R. 4139, May 1, 1962
WHEREAS General George Washington, at Newburg-on-the-Hudson, on
August 7, 1782, during the War of the Revolution, issued an Order
establishing the Honorary Badge of Distinction, otherwise known as the
Badge of Military Merit or Decoration of the Purple Heart; and
WHEREAS the award of that decoration ceased with the closing of the
War of the Revolution and was revived on February 22, 1932, out of
respect to the memory and military achievements of General George
Washington, by War Department General Orders No. 3:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States and as Commander in Chief of the armed forces of
the United States, it is ordered as follows:
1. The Secretary of a military department, or the Secretary of the
Treasury with regard to the Coast Guard when not operating as a service
in the Navy, shall, in the name of the President of the United States,
award the Purple Heart, with suitable ribbons and appurtenances, to any
member of an armed force under the jurisdiction of that department and
any civilian national of the United States who, while serving under
competent authority in any capacity with an armed force of that
department, has been, or may hereafter be, wounded--
(a) in any action against an enemy of the United States;
(b) in any action with an opposing armed force of a foreign country
in which the armed forces of the United States are or have been engaged;
(c) while serving with friendly foreign forces engaged in an armed
conflict against an opposing armed force in which the United States is
not a belligerent party;
(d) as the result of an act of any such enemy or opposing armed
force; or
(e) as the result of an act of any hostile foreign force.
2. The Secretary of a military department, or the Secretary of the
Treasury, shall, in the name of the President of the United States,
award the Purple Heart, with suitable ribbons and appurtenances,
posthumously, to any person covered by, and under the circumstances
described in, paragraph 1 who, after April 5, 1917, has been, or may
hereafter be, killed, or who has died or may hereafter die after being
wounded.
3. A wound for which the award is made must have required treatment
by a medical officer.
4. The Purple Heart shall be forwarded to the next of kin of any
person entitled to the posthumous award, without respect to whether a
previous award has been made to such person, except that if the award
results from service before December 7, 1941, the Purple Heart shall be
forwarded to such next of kin upon his application therefor to the
Secretary of the department concerned.
5. Except as authorized in paragraph 4, not more than one Purple
Heart shall be awarded to any person, but for each subsequent award a
Gold Star, or other suitable device, shall be awarded to be worn with
the Purple Heart as prescribed by appropriate regulations to be issued
by the Secretary of the department concerned.
6. When authorized by the Secretary of the department concerned, the
award of the Purple Heart may be made by subordinate military
commanders, or such other appropriate officers as the Secretary
concerned may designate.
7. The Secretary of the department concerned may prescribe such
regulations as he considers appropriate to carry out this order. The
regulations of the Secretaries of the departments with respect to the
award of the Purple Heart shall, so far as practicable, be uniform, and
those of the military departments shall be subject to the approval of
the Secretary of Defense.
8. This order supersedes Executive Order No. 10409 of November 12,
1952, entitled "Award of the Purple Heart to Persons Serving with the
Navy, Marine Corps, or Coast Guard of the United States". However,
existing regulations prescribed pursuant to that order, together with
regulations prescribed under the authority of General Orders No. 3, War
.Department, February 22, 1932, shall, so far as they are not
inconsistent with this order, remain in effect until modified or revoked
by regulations prescribed by the Secretary of the department concerned
under this order.
THE WHITE HOUSE,
April 25, 1962.
JOHN F. KENNEDY
Executive Order No. 11015, 27 F.R. 3905, April 25, 1962, RAILWAY
DISPUTES
WHEREAS disputes exist between the Chicago and North Western Railway
Company, the former Chicago, St. Paul, Minneapolis, and Omaha Railway
Company, now a part of the Chicago and North Western Railway Company by
merger, and certain of their employees represented by the Order of
Railroad Telegraphers; and
WHEREAS these disputes have not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS these disputes, in the judgment of the National Mediation
Board, threaten substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /19/ I hereby
create a board of three members, to be appointed by me, to investigate
these disputes. No member of the board shall be pecuniarily or
otherwise interested in any organization of railroad employees or any
carrier.
The board shall report its findings to the President with respect to
these disputes within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the
carriers, or by their employees, in the conditions out of which these
disputes arose.
THE WHITE HOUSE,
April 23, 1962.
JOHN F. KENNEDY
/19/ 45 U.S.C.A. 160.
Executive Order No. 11014, 27 F.R. 3731, April 19, 1962
By virtue of the authority vested in me by the Mutual Education and
Cultural Exchange Act of 1961 (Act of September 21, 1961, 75 Stat. 527,
P.L. 87-256) /1/ and the Public Buildings Act of 1959 (73 Stat. 479),
/2/ and as President of the United States, I find that the delegations
set forth in this order are in the interest of the purposes expressed in
the said Act of 1961 and the efficient administration of the programs
undertaken pursuant to that Act and I hereby order as follows:
Section 1. Delegation. Functions under the Mutual Educational and
Cultural Exchange Act of 1961 (hereinafter referred to as the Act) are
hereby delegated to the Secretary of Commerce as follows:
(a) The functions conferred upon the President by the provisions of
Section 102(a)(3) of the Act (22) U.S.C. 2452(a)(3) /3/ to the extent
that they are in respect of participation by the United States in the
New York World's Fair.
(b) Those other functions conferred upon the President by the Act
which are incidental to or necessary for the performance of the
functions delegated by the provisions of Section 1(a) of this order, not
including, however, any of the functions so conferred by the provisions
of Sections 104(a), 105(c), 108(a), or 108(b) of the Act or by that part
of Section 104(b) of the Act which follows the first comma therein.
Sec. 2. Cooperation. Interest departments and agencies of the
Federal Government, including the Department of State, the United States
Information Agency, and the National Science Foundation, are requested
to cooperate with the Secretary of Commerce in planning and providing
for United States participation in the New York World's Fair.
Sec. 3. Exemption. Any building constructed by the United States as
a part of its participation in the fair shall not be a "public building"
under the Public Buildings Act of 1959 (40 U.S.C. 601 et seq). /4/
Sec. 4. Waivers. (a) It is hereby determined that the performance
by the Secretary of Commerce of functions delegated to him by the
foregoing provisions of this order without regard to the following
provisions of law or limitations of authority is in furtherance of the
purposes of the Act:
(1) That part of Section 15 of the Administrative Expenses Act of
1946 (c. 744, August 2, 1946; 60 Stat. 810), as amended (5 U.S.C. 55a)
/5/ which reads "(not in excess of one year)".
(2) Section 16(a) of the Administrative Expenses Act of 1946 (c. 744,
August 2, 1946; 60 Stat 810; 5 U.S.C. 78) /6/ to the extent that it
pertains to hiring automobiles and aircraft.
(3) The Civil Service Act of January 16, 1883, 22 Stat. 403, as
amended (5 U.S.C. 632 et seq.) /7/ and other civil service laws.
(4) The Classification Act of 1949, as amended (5 U.S.C. 1071 et
seq.). /8/
(5) Section 3648 of the Revised Statutes, as amended (31 U.S.C. 529)
(advance of funds). /9/
(6) Section 322 of the Act of June 30, 1932, c. 314, 47 Stat. 412 (40
U.S.C. 278a) (maximum charges). /10/
(7) Section 3709 of the Revised Statutes, as amended (41 U.S.C. 5)
(competitive bids). /11/
(8) Section 3710 of the Revised Statutes (41 U.S.C. 8) (opening of
bids). /12/
(9) Section 2 of the Act of March 3, 1933, c. 212, 47 Stat. 1520 (41
U.S.C. 10a) (Buy American Act). /13/
(10) Section 3735 of the Revised Statutes (41 U.S.C. 13) (contracts
limited to one year). /14/
(11) Sections 302-305 of the Federal Property and Administrative
Services Act of 1949 (June 30, 1949, c. 288, 63 Stat. 393 et seq.), as
amended (41 U.S.C. 252-255) (competitive bids; negotiated contracts;
advances). /15/
(12) Section 87 of the Act of January 12, 1895, c. 23, 28 Stat. 622,
and the second proviso of Section 11 of the Act of March 1, 1919, c. 86,
40 Stat. 1270, as amended (44 U.S.C. 111) /16/ to the extent that they
pertain to printing by the Government Printing Office.
(13) Section 1 of the Act of June 20, 1878, c. 359, 20 Stat. 216, as
amended (44 U.S.C. 322) (advertising). /17/
(14) Section 3828 of the Revised Statutes (44 U.S.C. 324)
(advertising). /18/
(15) Any provision of law or limitation of authority to the extent
that such provision or limitation would limit or prohibit construction
of buildings by the United States on property not owned by it.
(b) It is directed (1) that all waivers of statutes and limitations
of authority effected by the foregoing provisions of this section shall
be utilized in a prudent manner and as sparingly as may be practical,
and (2) that suitable steps shall be taken by the Department of Commerce
to insure that result, including, as may be appropriate, the imposition
of administrative limitations in lieu of waived statutory requirements
and limitations of authority.
Sec. 5. Redelegation. The Secretary of Commerce may redelegate to
any officer or agency of the Department of Commerce any function
delegated to him by the provisions of this order.
THE WHITE HOUSE,
April 17, 1962.
JOHN F. KENNEDY
/1/ 22 U.S.C.A. 2451 et seq.
/2/ 40 U.S.C.A. 601 et seq.
/3/ 22 U.S.C.A. 2452(a)(3).
/4/ 40 U.S.C.A. 601 et seq.
/5/ 5 U.S.C.A. 55a.
/6/ 5 U.S.C.A. 78.
/7/ 5 U.S.C.A. 632 et seq.
/8/ 5 U.S.C.A. 1071 et seq.
/9/ 31 U.S.C.A. 529.
/10/ 40 U.S.C.A. 278a.
/11/ 41 U.S.C.A. 5.
/12/ 41 U.S.C.A. 8.
/13/ 41 U.S.C.A. 10a.
/14/ 41 U.S.C.A. 13.
/15/ 41 U.S.C.A. 252-255.
/16/ 44 U.S.C.A. 111.
/17/ 44 U.S.C.A. 322.
/18/ 44 U.S.C.A. 324.
Executive Order No. 11013, 27 F.R. 3373, April 10, 1962, THE MARITIME
INDUSTRY
WHEREAS, there exists a labor dispute between certain ship owners and
operators in the United States foreign and domestic trades and certain
of their employees represented by: the Sailors' union of the Pacific;
Pacific Coast Marine Firemen, Oilers, Watertenders and Wipers
Association; and the Marine Cooks and Stewards Union; and
WHEREAS, such dispute has resulted in a strike which, in my opinion,
affects a substantial part of the maritime industry, an industry engaged
in trade, commerce, and transportation among the several States and with
foreign nations, and which strike will, if permitted to continue,
imperil the national health and safety:
NOW, THEREFORE, by virtue of the authority vested in me by section
206 of the Labor-Management Relations Act, 1947, 61 Stat. 155 (29 USC
176), /3/ I hereby create a Board of Inquiry, consisting of Professor
James J. Healy, Chairman, Professor Frank J. Dugan, and Honorable
Laurence E. Seibel as members to inquire into the issues involved in
such dispute.
The Board shall have powers and duties as set forth in Title II of
such Act. The Board shall report to the President in accordance with
the provisions of section 206 of such Act on or before April 11, 1962.
Upon submission of its report, the Board shall continue in existence
to perform such other functions as may be required under such act, until
the Board is terminated by the President.
THE WHITE HOUSE,
April 7, 1962.
JOHN F. KENNEDY
/3/ 29 U.S.C.A. 176.
Executive Order No. 11012, 27 F.R. 2983, March 30, 1962
By virtue of the authority vested in me by Section 301 of Title 3 of
the United States Code, and as President of the United States, is is
hereby ordered as follows:
Section 1. Subsection (b) of Section 1 of Executive Order No. 10530
of May 10, 1954, as amended by Executive Order No. 10759 of March 17,
1958, /1/ is hereby further amended to read as follows:
"(b) The authority vested in the President by sections 1(a) and 1(b)
of the act of August 2, 1946, ch. 744, 60 Stat. 806, 807, as amended by
the act of February 12, 1958, 72 Stat. 14 (5 U.S.C. 73b-1(a), 73b-1(b)),
to prescribe regulations (1) with respect to the allowance and payment
from Government funds of the expenses of travel of any civilian officer
or employee of the Government transferred from one official station to
another for permanent duty, the expenses of transportation of his
immediate family (or commutation thereof), and the expenses of
transportation, packing, crating, temporary storage, drayage, and
unpacking of his household goods and personal effects; (2) with respect
to the reimbursement of such officer or employee on a commuted basis in
lieu of the payment of actual expenses of transportation, packing,
crating, temporary storage, drayage, and unpacking of his household
goods and personal effects in the case of such transfers between points
in the continental United States, except that this authority shall not
include authority with respect to the establishment of the commuted
rates on which such reimbursement is made; and (e) with respect to the
amount of the allowance, and the payment thereof, to such officer or
employee for the ), of a house trailer or mobile dwelling within the
continental United States, within Alaska, or between the continental
United States and Alaska, for use as a residence."
Sec. 2. The Administrator of General Services is hereby designated
and empowered to exercise, without the approval, ratification, or other
action of the President, so much of the authority vested in the
President by Section 1(b) of the Act of August 2, 1946, ch. 744, 60
Stat. 807 (5 U.S.C. 73b-1(b)), /2/ as pertains to the establishment of
the rates to be used in reimbursing civilian officers or employees of
the Government on a commuted basis in lieu of the payment of actual
expenses of transportation, packing, crating, temporary storage,
drayage, and unpacking of their household goods and personal effects in
the case of transfers from one official station to another within the
Continental United States for permanent duty
Sec. 3. The initial regulations to be issued by the Director of the
Bureau of the Budget and by the Administrator of General Services under
the authority delegated to each of them by this order shall be effective
on the same date and effective as of that date the following-described
Executive orders are revoked:
(a) Executive Order No. 9778 of September 10, 1946.
(b) Executive Order No. 9805 of November 25, 1946.
(c) Executive Order No. 9933 of February 27, 1948.
(d) Executive Order No. 9997 of September 8, 1948.
(e) Executive Order No. 10069 of July 14, 1949.
(f) Executive Order No. 10177 of October 27, 1950.
(g) Executive Order No. 10196 of December 20, 1950.
(h) Executive Order No. 10274 of July 18, 1951.
(i) Executive Order No. 10381 of August 6, 1952.
(j) Executive Order No. 10507 of December 10, 1953.
Sec. 4. Existing regulations prescribed by the Director of the
Bureau of the budget under the authority of Section 1(b) of Executive
Order No. 10530, as amended and in effect immediately prior to the
issuance of this order, shall remain in effect until they are superseded
in pursuance of the provisions of this order.
THE WHITE HOUSE,
March 27, 1962.
JOHN F. KENNEDY
/1/ 3 U.S.C.A. 301 note.
/2/ 5 U.S.C.A. 73b-1(b)
Executive Order No. 11011, 27 F.R. 2677, March 22, 1962, TRANS WORLD
AIRLINES, INC.
WHEREAS a dispute exists between the Trans World Airlines, Inc., a
carrier, and certain of its employees represented by the Flight
Engineers' International Association, AFL-CIO, a labor organization;
and
WHEREAS this dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS this dispute, in the judgment of the National Mediation
Board, threatens substantially to interrupt interestate commerce to a
degree such as to deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by Section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /3/ I hereby
create a board of three members, to be appointed by me, to investigate
this dispute. No member of the board shall be pecuniarily or otherwise
interested in any organization of airline employees or any carrier.
The board shall report its findings to the President with respect to
the dispute within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the Trans
World Airlines, Inc. or by its employees, in the conditions out of which
the dispute arose.
THE WHITE HOUSE,
March 20, 1962.
JOHN F. KENNEDY
/3/ 45 U.S.C.A. 160.
Executive Order No. 11010, 27 F.R. 2621, March 21, 1962, RYUKYU
ISLANDS
By virtue of the authority vested in me by the Constitution, and as
President of the United States and Commander-In-Chief of the armed
forces of the United States, it is ordered as follows:
Section 1. Certain amendments of E.O. 10713. Executive Order No.
10713 of June 5, 1957, headed "Providing for administration of the
Ryukyu Islands," /2/ is hereby amended by substituting the following for
Sections 4, 6, 8, 9, and 11 thereof:
"Sec. 4.(a) There is established, under the jurisdiction of the
Secretary of Defense, a civil administration of the Ryukyu Islands, the
head of which shall be known as the High Commissioner of the Ryukyu
Islands (hereinafter referred to as the 'High Commissioner'). The High
Commissioner (1) shall be designated by the Secretary of Defense, after
consultation with the Secretary of State and with the approval of the
President, from among the active duty members of the armed forces of the
United States, (2) shall have the powers or duties assigned to him by
the terms of this order, (3) may delegate any function vested in him to
such officials of the civil administration as he may designate, and (4)
shall carry out any powers or duties delegated or assigned to him by the
Secretary of Defense pursuant to this order.
"(b) There shall be under the High Commissioner a civilian official
who shall have the title of Civil Administrator. The Civil
Administrator shall be designated by the Secretary of Defense, after
consultation with the Secretary of State and with the approval of the
President, and shall have such powers and perform such duties as may be
assigned to him by the High Commissioner."
"Sec. 6.(a) The legislative power of the Government of the Ryukyu
Islands, except as otherwise provided in this order, shall be bested in
a legislative body consisting of a single house. Members of the
legislative body shall be directly elected by the people of the islands
in 1962, and triennially thereafter, for terms of three years.
"(b) The territory of the Ryukyu Islands shall continue to be divided
into districts, each of which shall elect one member of the legislative
body. The present 29 districts are continued, but the number or
boundaries of districts may be altered by law enacted by the Government
of the Ryukyu Islands with the approval of the High Commissioner. Any
redistricting shall be done with due regard to obtaining districts which
are relatively compact and contiguous and which have reasonably equal
populations."
"Sec. 8.(a) The executive power of the Government of the Ryukyu
Islands shall be vested in a Chief Executive, who shall be a Ryukyuan.
The Chief Executive shall have general supervision and control of all
executive agencies and instrumentalities of the Government of the Ryukyu
Islands and shall faithfully execute the laws and ordinances applicable
to the Ryukyu Islands.
"(b)(1) The Chief Executive shall be appointed by the High
Commissioner on the basis of a nomination which is made by the
legislative body herein provided for and is acceptable to the High
Commissioner. A Chief Executive so appointed shall serve for the
remainder of the term of the legislative body which nominated him and
for such reasonable period thereafter as may be necessary for the
appointment of a successor pursuant to this paragraph, or, failing such
an appointment, pursuant to paragraph (2) of this subsection.
"(2) In the event the legislative body does not make an acceptable
nomination within a reasonable time as determined by the High
Commissioner, or if by reason of other unusual circumstances it is
deemed by the High Commissioner to be necessary, he may appoint a Chief
Executive without a nomination. The tenure of any Chief Executive
appointed pursuant to this paragraph (2) shall be as determined by the
High Commissioner.
"(c) The head of each municipal government shall be elected by the
people of the respective municipality in accordance with procedures
established by the legislative body of the Government of the Ryukyu
Islands."
"Sec. 9.(a) Every bill passed by the legislative body shall, before
it becomes law, be presented to the Chief Executive. If the Chief
Executive approves a bill he shall sign it, but if not he shall return
it, with his objections, to the legislative body within fifteen days
after it shall have been presented to him. If a bill is not returned
within the specified fifteen day period, it shall become law in like
manner as if it had been approved by the Chief Executive, unless the
legislative body by adjournment prevents its return, in which case it
shall be law if approved by the Chief Executive within forty-five days
after it shall have been presented to him; otherwise it shall not be
law. When a bill is returned to the legislative body with objections by
the Chief Executive, the legislative body may proceed to reconsider it.
If, after such reconsideration two thirds of the legislative body pass
it, it shall become law in like manner as if it had been approved by the
Chief Executive.
"(b) If any bill approved by the legislative Body contains several
items of appropriation of money, the Chief Executive may object to one
or more of such items or any part or parts, portion or portions thereof,
while approving the other items, or parts or portions of the bill. In
such case, the Chief Executive shall append to the bill, at the time of
signing it, a statement of the items, or parts or portions thereof,
objected to, and the items, or parts or portions thereof, so objected to
shall not take effect. Should the legislative body seek to over-ride
such objections of the Chief Executive, the procedures set forth above
will apply. In computing any period of days for the foregoing purposes,
Sundays and legal holidays shall be excluded."
"Sec. 11.(a) The High Commissioner may, if such action is deemed
necessary for the fulfillment of his mission under this order,
promulgate laws, ordinances or regulations. The High Commissioner, if
such action is deemed by him to be important in its effect, direct or
indirect, on the security of the Ryukyu Islands, or on relations with
foreign countries and international organizations with respect to the
Ryukyu Islands, or on the foreign relations of the United States, or on
the security, property or interests of the United States or nationals
thereof, may, in respect of Ryukyuan bills, laws, or officials, as the
case may be, (1) veto any bill or any part or portion thereof, (2) annul
any law or any part or portion thereof within 45 days after its
enactment, and (3) remove any public official from office. The High
Commissioner has the power of reprieve, commutation and pardon. The
High Commissioner may assume in whole or in part, the exercise of full
authority in the islands, if such assumption of authority appears
mandatory for security reasons.
Exercise of authority conferred on the High Commissioner by this
subsection shall be promptly reported, together with the reasons
therefor, to the Secretary of Defense who shall inform the Secretary of
State.
"(b) In carrying out the powers conferred upon him by the provisions
of subsection (a) of this section, the High Commissioner shall give all
proper weight to the rights of the Ryukyuans and shall, in particular,
have proper regard for the provisions of the second sentence of Section
2 of this order."
Sec. 2. Further amendments. Section 10 of the said Executive Order
No. 10713 is hereby further amended as follows:
(1) By deleting from Section 10(a)(2)(b) the following: "even though
not subject to trial by courts-martial under the Uniform Code of
Military Justice (10 U.S.C. 801 et seq.)".
(2) By substituting the following for Section 10(b)(3):
"(3) Criminal jurisdiction over (a) the civilian component, (b)
employees of the United States Government who are United States
nationals, and (c) dependents, excluding Ryukyuans, (i) of the foregoing
and (ii) of members of the United States forces."
Sec. 3. Transitional provisions. (a) This order shall not operate
to terminate immediately the tenure of the Chief Executive of the
Government of the Ryukyu Islands now in office. That tenure shall
terminate when his first successor, appointed under the provisions of
Executive Order No. 10713 as amended by this order, enters upon office
as Chief Executive or on such other date as may be fixed by the High
Commissioner.
(b) The members of the legislative body in office on the date of this
order shall continue in office until the termination of their present
terms as members.
(c) The amendment of Section 4 of Executive Order No. 10713 made by
this order shall become effective on July 1, 1962. All other parts
hereof shall become effective on April 1, 1962.
THE WHITE HOUSE,
March 19, 1962.
JOHN F. KENNEDY
/2/ 1957 U.S.Code Cong. & Adm.News, p. 903.
Executive Order No. 11009, 27 F.R. 2585, March 20, 1962, BAD CHECK
OFFENSES
By virtue of the authority vested in me by the Uniform Code of
Military Justice (established by the Act of May 5, 1950, 64 Stat. 107)
and as President of the United States, it is ordered that the Manual for
Courts-Martial, United States, 1951 (prescribed by Executive order No.
10214 of February 8, 1951), be and it is hereby, amended as follows:
1. The offenses and punishments listed in the Table of Maximum
Punishments, contained in paragraph 127c, are amended as follows:
(a) By inserting the following new item: (TABLE OMITTED)
(b) By striking out the following item under article 134: " * * * *
"With intent to deceive (given in payment of a preexisting debt). " *
* * *" and the punishments listed therefor.
2. Paragraph 138a is amended by striking out the penultimate
paragraph which reads as follows:
"When it is shown that as a result of his own act a person did not
have sufficient funds in the bank available to meet payment upon
presentment in due course of a check drawn against the bank by him, it
may be presumed that at the time he uttered the check, and thereafter,
he did not intend to have sufficient funds in the bank available to meet
payment of the check upon its presentment in due course."
3. Paragraph 143a(2) is amended by adding the following at the end
thereof:
"In the case of a business entry which is that of any business
regularly but not necessarily exclusively engaged in public banking
activities and which relates to such public banking activities, a duly
authenticated (143b(3)) copy is admissible to the extent that the
original would be (see 144c), without first proving that the original
has been lost or destroyed and without otherwise accounting for the
original. If the banking entry is written or printed in a spoken
language, only an exact (true) copy is admissible under this exception
to the best evidence rule, although it may consist merely of an extract
of those portions material to the case.
The copy may be made by photographic or other duplicating process. If
the banking entry is a machine or electronic entry, the copy or extract
copy may consist of an accurate written 'translation' of such entry,
whether made by machine or an 'interpreter.'
"It may be shown that certain business entries (144c) contain no
record or entry of a purported act, transaction, occurence, or event by
the testimony of the person in charge of the business entries in
question, by the testimony of his assistant, or by the testimony of any
person who has made a search of such business entries and is competent
to understand them. Also, in the case of business entries of any
business regularly but not necessarily exclusively engaged in public
banking activities, it may be shown that certain business entries
relating to such banking activities contain no record or entry of a
purported act, transaction, occurrence, or event by a duly authenticated
(143b(e)) certificate or statement signed by the person in charge of the
business entries in question, or by his assistant, that after diligent
search no record or entry of the specified tenor has been found to exist
in such business entries. If a purported act, transaction, occurrence,
or event is of a kind which in the regular course of business would have
been made the subject of an entry in certain business entries of a
particular business, proof that these business entries contain no entry
concerning such act, transaction, occurrence, or event may be received
as evidence that the act, transaction, occurence, or event did not take
place."
4. Paragraph 143b is amended by adding the following at the end
thereof:
"(3) Authentication of banking entries.-- A business entry, or copy
thereof, which is that of any business regularly but not necessarily
exclusively engaged in public banking activities and which relates to
such public banking activities may be authenticated in the same manner
as other business entries (see 144c) or by a certificate or statement,
signed under oath before a notary public by the person in charge of the
business entry or his assistant, indicating that the writing in question
is the original business entry or a true copy thereof (or an accurate
'translation' of a machine or electronic entry), as the case may be,
that the entry was made in the regular course of banking business and
that it was the regular course of the business to make the entry, and
that the signer is the person in charge of the business entry or his
assistant, accompanied by a signed statement by the notary of his
administration of the oath, under the seal of his office. A certificate
or statement by a person in charge of such banking entries, or by his
assistant, that after diligent search no record or entry of a specified
tenor has been found to exist in such entries (see 143a(2)) may also be
authenticated by subscribing the same under oath before a notary public,
provided the certificate or statement is accompanied by a signed
statement by the notary of his administration of the oath, under the
seal of his office."
5. Paragraph 144c is amended by inserting the following after the
second sentence of the second paragraph thereof:
"Thus, if the holder of a check, draft, or other order for the
payment of money upon a bank or other depository, or a person or
organization acting on behalf of the holder, presents the instrument
through regular banking channels for payment, collection, or deposit and
the instrument is returned to the holder or his agent purportedly
through regular banking channels with a notation in the form of a stamp,
ticket, or other writing either on the instrument itself or accompanying
it, purportedly made by the drawee or presenting bank or other
depository or clearinghouse, indicating that payment of the instrument
has been refused by the drawee because of insufficient funds of the
maker or drawer in the drawee's possession or control or for other
reasons, proof of the above facts will support an inference of the
authenticity of the notation as having been made in the regular course
of banking business by a business whose regular course it was to make
the notation.
The notation, if thus authenticated, is admissible under the business
entry exception to the hearsay rule as evidence that payment of the
instrument was refused by the drawee for the reasons indicated in the
notation, and this is so whether or not a similar notation also made as
a memorandum or record was kept in the drawee or presenting bank or
other depository or clearinghouse. See also 143b(3) regarding the
authentication of banking entries."
6. Paragraph 155 is amended by inserting the following new item in
the synopsis:
"202a. Article 123 a . . . Making, drawing, uttering, or delivering
a check, draft, or order with sufficient funds . . .".
7. Paragraph 200a(5) is amended by striking out the last sentence in
the first paragraph thereof and the words "such as giving a check,
without intending that it shall be honored, in purported payment of a
debt incurred in a past purchase of property and not thereby obtaining
any money, personal property, or article of value," in the second
paragraph thereof.
8. Paragraph 202 is amended by inserting the words "See, however,
202a." after the third sentence in the third paragraph thereof.
9. The following new paragraph 202a is inserted after paragraph 202:
"202a. ARTICLE 123a-- MAKING, DRAWING, OR UTTERING CHECK, DRAFT, OR
ORDER WITHOUT SUFFICIENT FUNDS
"Discussion.-- Article 123a denounces certain 'bad check' offenses.
It makes punishable by court-martial the making, drawing, uttering, or
delivering of any check, draft, or oder for the payment of money upon
any bank or other depository, either--
(1) for the procurement of any article or thing of value, with intent
to defraud; or
(2) for the payment of any past due obligation, or for any other
purpose, with intent to deceive;
knowing at the time of the making, drawing, uttering, or delivering
that the maker or drawer has not or will not have sufficient fund in, or
credit with, the bank or other depository for the payment of that check,
draft, or oder in full upon its presentment.
"The written instruments covered by this article include any check,
draft, or oder for the payment of a sum of money drawn upon any bank or
other depository, whether or not the drawee bank or depository is
actually in existence. The phrase 'bank or other depository' includes
any business regularly but not necessarily exclusively engaged in public
banking activities. The words 'making' and 'drawing' are synonymous,
and refer to the acts of writing and signing the instrument. 'Uttering'
and 'delivering' have similar meanings. Both 'uttering' and
'delivering' mean transferring the instrument to another, but 'uttering'
has the additional meaning of offering to transfer. A person need not
himself be the maker or drawer of an instrument in order to violate this
article if he utters or delivers it. For example, if a person holds a
check which he knows to be worthless, and utters or delivers the check
to another, he may be guilty of an offense under this article despite
the fact that he did not draw the check himself.
"To constitute an offense under this article, the instrument must be
made, drawn, uttered, or delivered, with the requisite knowledge of
insufficient funds or credit, either for the procurement of an article
or thing of value with intent to defraud, or for the payment of any past
due obligation or for any other purpose with intent to deceive. 'For
the procurement' means for the purpose of obtaining any article or thing
of value. It is not necessary that an article or thing of value
actually be obtained, and the purpose of the obtaining may be for the
accused's own use or benefit or for the use or benefit of another.
'For the payment' means for the purpose or purported purpose of
satisfying in whole or in part any past due obligation. It is not
requisite that payment be legally effected. 'For any other purpose'
includes all purposes other than the payment of a past due obligation or
the procurement of any article or thing of value. For example, it
includes satisfying or purporting to satisfy an obligation arising from
an illegal transaction, such as an illegal gambling game, and paying or
purporting to pay an obligation which is not yet past due. The check,
draft, or order, whether made or negotiated for the procurement of an
article or thing of value or for the payment of a past due obligation or
for some other purpose, need not be intended or represented as payable
immediately. For example, the making of a post dated check, delivered
at the time of entering into an installment purchase contract and
intended as payment for a future installment, would, if made with the
requisite intent and knowledge, be a violation of this article.
"'Article or thing of value' extends to every kind of right or
interest in property, or derived from contract, including interest and
rights which are intangible or contingent or which mature in the future.
A 'past due obligation' is an obligation to pay money which has legally
matured prior to the making, drawing, uttering, or delivering of the
instrument.
"The accused must have knowledge, at the time he makes, draws,
utters, or delivers the instrument, that the maker or drawer, whether
the accused or another, has not or will not have sufficient funds in, or
credit with, the bank or other depository for the payment of the
instrument in full upon its presentment. 'Sufficient funds' refers to a
condition in which the account balance of the maker or drawer in the
bank or other depository at the time of presentment of the instrument
for payment is not less than the face amount of the instrument and has
not been rendered unavailable for payment by garnishment, attachment, or
other legal procedures.
"'Credit' means an arrangement or understanding, express or implied,
with the bank or other depository for the payment of the check, draft,
or order. An absence of credit includes those situations in which an
accused writes a check on a nonexistent bank or on a bank in which he
has no account. 'Upon its presentment' refers to the time the demand
for payment is made upon presentation of the instrument to the bank or
other depository on which it was drawn.
"Intent to defraud' means an intent to obtain, through a
misrepresentation an article or thing of value and to apply it to one's
own use and benefit or to the use and benefit of another, either
permanently or temporarily. An 'intent to deceive' means an intent to
mislead, cheat, or trick another by means of a misrepresentation made to
such other for the purpose of gaining an advantage of one's self or for
a third person or for bringing about a disadvantage to the interests of
the person to whom the representation was made or interests represented
by that person. It may be inferred that every check, draft, or order
carries with it a representation that the instrument will be paid in
full by the bank or other depository upon presentment by a holder when
due.
"It should be noted that, under this article, two times are involved:
(1) the time when the accused makes, draws, utters, or delivers the
instrument; and (2) the time when the instrument is presented to the
bank or other depository for payment. At time (1) the accused must
possess the requisite intent and must know that the maker or drawer does
not have or will not have sufficient funds in, or credit with, the bank
or other depository for payment of the instrument in full upon its
presentment when due. With respect to (2), if it can otherwise be shown
that the accused possessed the requisite intent and knowledge at the
time he made, drew, uttered, or delivered the instrument, neither proof
of presentment nor refusal of payment is necessary, as when the
instrument is one drawn on a nonexistent bank. The provisons of this
article with respect to establishing prima facie evidence of knowledge
and intent by proof of notice and nonpayment within five days is a
statutory rule of evidence.
The failure of an accused who is a maker or drawer to pay the holder the
amount due within five days after receiving either oral or written
notice from the holder of a check, draft, or order, or from any other
person having knowledge that such check, draft, or order was returned
unpaid because of insufficient funds, is prima facie evidence (1) that
the accused had the intent to defraud or deceive as alleged; and (2)
that the accused knew at the time he made, drew, uttered, or delivered
the check, draft, or order that he did not have or would not have
sufficient funds in, or credit with, the bank or other depository for
the payment of such check, draft, or order upon its presentment for
payment. Prima facie evidence is that proof which, if unrebutted, is
sufficient to establish the accused's intent to defraud or deceive and
of his knowledge of insufficient funds in or credit with the bank or
other depository.
"The failure to give the notice referred to in the statute, or
payment by the accused, maker, or drawer to the holder of the amount due
within five days after such notice has been given, merely precludes the
prosecution from availing itself of the statutory rule of evidence.
Proof of notice to the accused that a check, draft, or order has been
returned unpaid because of insufficient funds is not an element of the
offense.
"Proof.-- When the instrument is given for the procurement of an
article or thing of value-- (a) That the accused made, drew, uttered, or
delivered a check, draft, or order payable to a named person or
organization, as alleged; (b) that he did such act for the purpose of
procuring an article or thing of value; (c) that such act was committed
with intent to defraud; and (d) that at the time of making, drawing,
uttering, or delivering of the instrument he knew that he or the maker
or drawer had not or would not have sufficient funds in, or credit with,
the bank or other depository for the payment thereof upon presentment.
"When the instrument is given for the payment of a past due
obligation, or for any other purpose-- (a) That the accuse made, drew,
uttered, or delivered a check, draft, or order payable to a named person
or organization, as alleged: (b) that he did such act for the purpose
or purported purpose of affecting the payment of a past due obligation
or for some other purpose, as alleged; (c) that such act was committed
with intent to deceive; and (d) that at the time of making, drawing,
uttering, or delivering of the instrument, he knew that he or the maker
or drawer had not or would not have sufficient funds in, or credit with,
the bank or other depository for the payment thereof upon presentment.
"As to permissible methods of providing banking entries, see 143b(3).
As to the authentication of checks, drafts, or orders returned with
payment refused and the admissibility of such returned instruments, see
the second paragraph of 144c."
10. Paragraph 208 is amended by striking out the word "inclusive" in
the first sentence and inserting the words "except Article 123a" in
place thereof.
11. Appendix 6c is amended:
(a) By inserting the following new Forms for Specifications
immediately following Form No. 93:
"Check, worthless, with intent to defraud
93.1. In that . . . did, (at) (on board) . . . on or about . .
., 19. . ., with intent to defraud and for the procurement of
(lawful currency) (and) (. . . (an article) (a thing) of value),
wrongfully and unlawfully ((make) (draw)) ((utter) (deliver) to .
. .,) a certain (check) (draft) (order) for the payment of money
upon the (. . . Bank) (. . . depository) in words and figures as
follows, to wit: . . ., then knowing that (he) (. . .), the
(maker) (drawer) thereof, did not or would not have sufficient
funds in or credit with such (bank) (depository) for the payment
of the said (check) (draft) (order) in full upon its presentment.
"Check, worthless, with intent to deceive
93.2. In that . . . did, (at) (on board) . . ., on or about .
. ., 19. . ., with intent to deceive and (for the payment of a
past due obligation, to wit: . . .) (for the purpose of . . .)
wrongfully and unlawfully ((make) (draw)) ((utter) (deliver) to .
. .,) a certain (check) (draft) (order) for the payment of money
upon (. . . Bank) (. . . depository), in words and figures as
follows, to wit: . . . then knowing that (he) (. . .), the
(maker) (drawer) thereof did not or would not have sufficient
funds in or credit with such (bank) (depository) for the payment
of the said (check) (draft) (order) in full upon its presentment."
(b) By striking out Form for Specification No. 129 and the note
thereto and inserting the following in place thereof:
"Check, worthless, dishonorable failure to place or maintain funds
129. In that . . . did, (at) (on board) . . ., on or about . .
., 19. . ., make and utter to . . . a certain check, in words and
figures as follows, to wit: . . . (for the purchase of . . .) (in
payment of a debt) (for the purpose of . . .), and did thereafter
wrongfully and dishonorably fail to (place) (maintain) sufficient
funds in the . . . Bak for payment of such check in full upon its
presentment for payment."
12. The Table of Commonly Included Offenses in Appendix 12 is
amended as follows:
(a) By inserting the following new item:
"123a
Making, drawing, uttering, or delivering a check, draft, or order
without sufficient funds with intent to defraud or with intent to
deceive.
134
Making, drawing, uttering, or delivering a check, draft, or order,
and thereafter wrongfully and dishonorably failing to maintain
sufficient funds."
(b) By striking out the following item:
"134
Making and uttering a worthless check with intent to deceive and
thereafter wrongfully and dishonorably failing to maintain a sufficient
balance.
134
Making and uttering a worthless check and thereafter wrongfully and
dishonorably failing to maintain a sufficient balance."
THE WHITE HOUSE,
March 16, 1962.
JOHN F. KENNEDY
/1/ 10 U.S.C.A. 923a.
Executive Order No. 11008, 27 F.R. 2143, March 6, 1962, AKRON &
BARBERTON BELT RAILROAD
WHEREAS a dispute exists between the Akron & Barberton Belt Railroad
Company and other carriers represented by the Eastern, Western and
Southeastern Carriers' Conference Committees, designated in List A
attached hereto and made a part hereof, and certain of their employees
represented by the Eleven Cooperating Railway Labor Organizations, labor
organizations, designed in List B attached hereto and made a part
hereof; and
WHEREAS this dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act,, as amended; and
WHEREAS this dispute, in the judgment of the National Mediation
Board, threatens substantially to interrupt interstate commerce to a
degree such as to deprive the country of essential transportation
service:
NOW, THEREFORE, by virtue of the authority vested in me by section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /2/ I hereby
create a board of three members, to be appointed by me, to investigate
this dispute. No member of the board shall be pecuniarily or otherwise
interested in any organization of railroad employees or any carrier.
The board shall report its fundings to the President with respect to
the dispute within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the Akron &
Barberton Belt Railroad Company and other carriers represented by the
Eastern, Western and Southeastern Carriers' Conference Committee, or by
their employees, in the conditions out of which the dispute arose.
Akron & Barberton Belt Railroad Company
Akron, Canton & Youngstown Railroad Company
Ann Arbor Railroad Company
Baltimore & Ohio Railroad Company
Baltimore & Ohio Chicago Terminal Railroad Company
Staten Island Rapid Transit Railway Company
Bessemer and Lake Erie Railroad Company
Boston & Main Railroad
Brooklyn Eastern District Terminal
Buffalo Creek Railroad
Bush Terminal Railroad Company
Canadian National Railways
Canadian Pacific Railway Company
The Central Railroad Company of New Jersey
New York & Long Branch R.R. Company
Central Vermont Railway, Inc
Chicago Union Station Company
Cincinnati Union Terminal Company
Dayton Union Railway Company
Delaware and Hudson Railroad Corporation
Detroit and Toledo Shore Line Railroad Company
Detroit Terminal Railroad Company
Detroit, Toledo and Ironton Railroad Company
Erie-Lackawanna Railroad Company
Grant Trunk Western Railroad Company
The Indianapolis Union Railway Company
The Lehigh and Hudson River Railway Company
Lehigh Valley Railroad Company
Long Island Railroad Company
Main Central Railroad Company
Portland Terminal Company
Monon Railroad Company
Monongahela Railway Company
Montour Railroad Company
NEW YORK CENTRAL SYSTEM
New York Central Railroad Company
New York District (Including Grand Central Terminal)
Eastern District (Including Boston & Albany Division)
Western District
Northern District
Southern District
Indiana Harbor Belt Railroad Company
Chicago River & Indiana Railroad Company
Pittsburgh & Lake Erie Railroad Company
Lake Erie and Eastern Railroad Company
Cleveland Union Terminals Company
Troy Union Railroad Company
New York, Chicago and St. Louis Railroad Company
New York Dock Railway
New York, Susquehanna and Western Railroad Company
The Pennsylvania Railroad Company
Baltimore and Eastern Railroad Company
Pennsylvania-Reading Seashore Lines
Pittsburgh & West Virginia Railway Company
Pittsburgh, Chartiers & Youghiogheny Railway Company
Railroad Perishable Inspection Agency
Reading Company
Philadelphia, Reading and Pottsville Telegraph Company
The River Terminal Railway Company
Toledo Terminal Railroad Company
Union Depot Company (Columbus, Ohio)
Upper Merion & Plymouth Railroad Company
Washington Terminal Company
Western Maryland Railway Company
Youngstown & Southern Railway Company
Alton and Southern Railroad
Atchison, Topeka & Santa Fe Railway
Gulf, Colorado and Santa Fe
Panhandle and Santa Fe
Bauxite and Northern
Belt Railway Company of Chicago
Camas Prairie Railroad Company
Chicago & Eastern Illinois Railroad
Chicago & Illinois Midland Railroad
Chicago and Illinois Western Railroad
Chicago and North Western Railway
(Including Former Chicago, St. Paul, Minneapolis & Omaha,
Former L & M and Former M & StL)
Chicago and Western Indiana Railroad
Chicago, Burlington & Quincy Railroad
Chicago Great Western Railway
Chicago, Milwaukee, St. Paul and Pacific Railroad
Chicago Produce Terminal Company
Chicago, Rock Island and Pacific Railway
Colorado and Southern Railway
Colorado and Wyoming Railway
Davenport, Rock Island and North Western Railroad
Denver and Rio Grande Western Railroad
Denver Union Terminal Railway
Des Moines Union Railway
Duluth, Missabe and Iron Range Railway
Duluth Union Depot and Transfer Company
Duluth, Winnipeg & Pacific Railway
Elgin, Joliet and Eastern Railway
El Paso Union Passenger Depot
Fort Worth and Denver Railway Company
Galveston, Houston and Henderson Railroad
Great Northern Railway
Green Bay and Western Railroad
Kewaunee, Green Bay and Western Railroad
Houston Belt & Terminal Railway
Illinois Central Railroad
Illinois Northern Railway
Illinois Terminal Railroad
Joint Texas Division of CRI & P and Ft W&D
Joliet Union Depot Company
Joplin Union Depot Company
Kansas City Southern Railway
Arkansas Western Railway
Kansas City Shreveport and Gulf Terminal
Kansas City Terminal Railway
King Street Passenger Station (Seattle)
Lake Superior & Ishpeming
Lake Superior Terminal and Transfer Railway
Lost Angeles Junction Railway
Louisiana & Arkansas Railway Company
Manufacturers Railway
Midland Valley Railroad
Kansas, Oklahoma & Gulf Railway
Oklahoma City-ADA-Atoka Railway
Minneapolis, Northfield & Southern Railway
Minnesota and Manitoba
Minnesota Transfer Railway
Missouri-Kansas-Texas Railroad Company
Beaver, Meade and Englewood Railroad
Missouri Pacific Railroad (Western, Southern and Gulf District)
Missouri-Illinois Railroad
Northern Pacific Railroad
Northern Pacific Terminal Company of Oregon
Northwestern Pacific Railroad
Ogden Union Railway and Depot Company
Oregon, California & Eastern Railway
Pacific Coast Railroad Company
Paducah and Illinois Railroad Company
Peabody Short Lines
Peoria and Pekin Union Railway
Peoria Terminal Company
Port Terminal Railroad Association
Pueblo Joint Interchange Bureau
St. Joseph Terminal Railroad Company
St. Louis-San Francisco Railway
St. Louis, San Francisco & Texas Railway
St. Louis Southwestern Railway
St. Paul Union Depot Company
San Diego & Arizona Eastern
Sioux City Terminal Railway
Soo Line Railroad Company
Southern Pacific Company (Pacific Lines)
Southern Pacific Company-- Texas and Louisiana Lines
Spokane International Railway
Spokane, Portland and Seattle Railway
Oregon Trunk Railway
Oregon Electric Railway
Terminal Railroad Association of St. Louis
Texarkana Union Station Trust
Texas and Pacific Railway
Abilene and Southern Railway
Fort Worth Belt Railway
Texas-New Mexico Railway
Texas Short Line
Weatherford, Mineral Wells and Northwestern
Texas Mexican Railway Company
Texas Pacific-Missouri Pacific
Terminal R.R. of New Orleans
Toledo, Peoria & Western Railroad
Tremont & Gulf Railway
Union Pacific Railroad
Union Railway Company (Memphis)
Union Terminal Company (Dallas)
Wabash Railroad Company
Walla Walla Valley Railway Company
Warren & Ouachita Valley Railway
Western Pacific Railroad
Western Weighing and Inspection Bureau
Atlanta & West Point Rail Road Company
The Western Railway of Alabama
Atlanta Joint Terminals
Atlantic Coast Line Railroad Company
Augusta Union Station Company
Birmingham Southern Railroad Company
Central of Georgia Railway Company
Albany Passenger Terminal Company
Macon Terminal Company
The Chesapeake & Ohio Railway Company
Clinchfield Railroad Company
Georgia Railroad
Gulf, Mobile & Ohio Railroad Company
Jacksonville Terminal Company
Kentucky & Indiana Terminal Railroad Company
Louisville & Nashville Railroad Company
Norfolk & Portsmouth Belt Line Railroad Company
Norfolk & Western Railway Company
Norfolk Southern Railway Company
Richmond, Fredericksburg & Potomac Railroad Company
Seaboard, Air Line Railroad Company
Southern Railway Company
The Alabama Great Southern Railroad Company
The Cincinnati, New Orleans & Texas Pacific Railway Company
Georgia Southern & Florida Railway Company
New Orleans & Northeastern Railroad Company
The New Orleans Terminal Company
Harriman & Northeastern Railroad Company
St. Johns River Terminal Company
Tennessee Central Railway Company
International Association of Machinists
International Brotherhood of Boilermakers, Iron Ship Builders,
Blacksmiths, Forgers and Helpers
Sheet Metal Workers' International Association
International Brotherhood of Electrical Workers
Brotherhood of Railway Carmen of America
International Brotherhood of Firemen and Oilers
Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express and Station Employees
Brotherhood of Maintenance of Way Employees
The Order of Railroad Telegraphers
Brotherhood of Railroad Signalmen
Hotel and Restaurant Employees & Bartenders' International Union
THE WHITE HOUSE,
March 3, 1962.
JOHN F. KENNEDY
/2/ 45 U.S.C.A. 160.
Executive Order No. 11007, 27 F.R. 1875, February 28, 1962, ADVISORY
COMMITTEES
WHEREAS the departments and agencies of the Government frequently
make use of advisory committees; and
WHEREAS the information, advice and recommendations obtained through
advisory committees are beneficial to the operations of the Government;
and
WHEREAS it is desirable to impose uniform standards for the
departments and agencies of the Government to follow in forming and
using advisory committees in order that such committees shall function
at all times, in consonance with the antitrust and conflict of interest
laws:
NOW, THEREFORE, by virtue of the authority vested in me by the
Constitution and statutes, and as President of the United States, it is
hereby ordered as follows:
Section 1. The regulations prescribed in this order for the
formation and use of advisory committees shall govern the departments
and agencies of the Government to the extent not inconsistent with
specific law.
Sec. 2. As used herein,
(a) The term "advisory committee" means any committee, board,
commission, council, conference, panel, task force, or other similar
group, or any subcommittee or other subgroup thereof, that is formed by
a department or agency of the Government in the interest of obtaining
advice or recommendations, or for any other purpose, and that is not
composed wholly of officers or employees of the Government.
The term also includes any committee, board, commission, council,
conference, panel, task force, or other similar group, or any
subcommittee or other subgroup thereof, that is not formed by a
department or agency, but only during any period when it is being
utilized by a department or agency in the same manner as a
Government-formed advisory committee.
(b) The term "industry advisory committee" means an advisory
committee composed predominantly of members or representatives of a
single industry or group of related industries, or of any subdivision of
a single industry made on geographic, service or product basis.
Sec. 3. No advisory committee shall be formed or utilized by any
department or agency unless
(a) specifically authorized by law or
(b) specifically determined as a matter of formal record by the head
of the department or agency to be in the public interest in connection
with the performance of duties imposed on that department or agency by
law.
Sec. 4. Unless specifically authorized by law to the contrary, no
committee shall be utilized for functions not solely advisory, and
determinations of action to be taken with respect to matters upon which
an advisory committee advised or recommends shall be made solely by
officers or employees of the Government.
Sec. 5. Each industry committee shall be reasonably representative
of the group of industries, the single industry, or the geographical,
service, or product segment thereof to which it relates, taking into
account the size and function, affiliation, and competitive status,
among other factors. Selection of industry members shall, unless
otherwise provided by statute, be limited to individuals actively
engaged in operations in the particular industry, industries, or
segments concerned except where the department or agency head deems such
limitations would interfere with effective committee operation.
Sec. 6. The meetings of an advisory committee formed or used by a
department or agency shall be subject to the following rules:
(a) No meeting shall be held except at the call of, or with the
advance approval of, a full-time salaried officer or employee of the
department or agency, and with an agenda formulated or approved by such
officer or employee.
(b) All meetings shall be under the chairmanship, or conducted in the
presence of, a full-time salaried officer or employee of the Government
who shall have the authority and be required to adjourn any meeting
whenever he considers adjournment to be in the public interest.
(c) For advisory committees other than industry advisory committees,
minutes of each meeting shall be kept which shall, as a minimum, contain
a record of persons present, a description of matters discussed and
conclusions reached, and copies of all reports received, issued, or
approved by the committee. The accuracy of all minutes shall be
certified to by a full-time salaried officer or employee of the
Government present during the proceedings recorded.
(d) A verbatim transcript shall be kept of all proceedings at each
meeting of an industry advisory committee, including the names of all
persons present, their affiliation, and the capacity in which they
attend: Provided, that where the head of a department or agency
formally determines that a verbatim transcript would interfere with the
proper functioning of such a committee or would be impracticable, and
that waiver of the requirement of a verbatim transcript is in the public
interest, he may authorize in lieu thereof the keeping of minutes which
shall, as a minimum, contain a record of persons present, a description
of matters discussed and conclusions reached, and copies of all reports
received, issued, or approved by the committee. The accuracy of all
minutes shall be certified to by a full-time salaried officer or
employee of the Government present during the proceedings recorded.
(e) Industry advisory committees shall not be permitted to receive,
compile, or discuss data or reports showing the current or projected
commercial operations of identified business enterprise.
(f) In the case of advisory committees other than industry advisory
committees, the department or agency head may waive compliance with any
requirement contained in subsection (a), (b) or (c) of this section when
he formally determines that compliance therewith would interfere with
the proper functioning of such a committee or would be impracticable,
that adequate provisions are otherwise made to insure that committee
operation is subject to Government control and purpose, and that waiver
of the requirement is in the public interest.
Sec. 7. The head of each department or agency sponsoring an advisory
committee may prescribe additional regulations, consistent with the
provisions and purposes of this order, to govern the formation or use of
such committees, or the appointment of members thereof.
Sec. 8. An advisory committee whose duration is not otherwise fixed
by law shall terminate not later than two years from the date of its
formation unless the head of the department or agency by which it is
utilized determines in writing not more than sixty days prior to the
expiration of such two-year period that its continued existence is in
the public interest. A like determination by the department or agency
head shall be required not more than sixty days prior to the end of each
subsequent two-year period to continue the existence of such committee
thereafter. For the purpose of this section, the date of formation of
an advisory committee in existence on the date of publication of this
order shall be deemed to be July 1, 1960, or the actual date of its
formation, whichever is later.
Sec. 9. The requirements of this order shall not apply:
(a) to any advisory committee for which Congress by statute has
specified the purpose, composition and conduct unless and to the extent
such statute authorizes the President to prescribe regulations for the
formation or use of such committee;
(b) to any advisory committee composed wholly of representatives of
State or local agencies or charitable, religious, educational, civic,
social welfare, or other similar nonprofit organizations;
(c) to any local, regional, or national committee whose sole function
is the dissemination of information for public agencies, or to any local
civic committee whose primary function is that of rendering a public
service other than giving advice or making recommendations to the
Government.
Sec. 10.(a) Each department and agency utilizing advisory committees
shall publish in its annual report, or otherwise publish annually, a
list of such committees, including the names, and affiliations of their
members, a description of the function of each committee and a statement
of the dates of its meetings: Provided, that the head of the department
or agency concerned may waive this requirement where he determines that
such annual publication would be unduly costly or impracticable, but
shall make such information available, upon request, to the Congress,
the President, or the Attorney General.
(b) A copy of each such report shall be furnished to the Attorney
General, and all records and files of advisory committees, including
agenda, transcripts or notes of meetings, studies, analyses, reports or
other data compilations or working papers, made available to or prepared
by or for any such advisory committee, shall be made available, upon
request by the Attorney General, to his duly authorized representatives,
subject to such security restrictions as may be properly imposed on the
materials involved.
Sec. 11. This order supersedes the directive of February 2, 1959,
entitled "Standards and Procedures for the Utilization of Public
Advisory Committees by Government Departments and Agencies," and all
provisions of prior Executive orders to the extent they are inconsistent
herewith.
THE WHITE HOUSE,
February 26, 1962.
JOHN F. KENNEDY
Executive Order No. 11006, 27 F.R. 1789, February 27, 1962
WHEREAS a dispute exists between the Eastern Air Lines, Inc., a
carrier, and certain of its employees represented by the Flight
Engineers' International Association, EARL Chapter, a labor
organization; and
WHEREAS this dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS this dispute, in the judgement of the National Mediation
Board, threatens substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by Section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /1/ I hereby
create a board of three members, to be appointed by me, to investigate
this dispute. No member of the board shall be pecuniarily or otherwise
interested in any organization of airline employees or any carrier.
The board shall report its findings to the President with respect to
the dispute within thirty days from the date of this order.
As provided by Section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by Eastern Air
Lines, Inc., or by its employees, in the condition out of which the
dispute arose.
THE WHITE HOUSE,
February 22, 1962.
JOHN F. KENNEDY
/1/ 45 U.S.C.A. 160.
Executive Order No. 11005, 27 F.R. 1544, February 20, 1962, EMERGENCY
PREPAREDNESS
By virtue of the authority vested in me as President of the United
States, including authority vested in me by Reorganization Plan No. 1 of
1958 (72 Stat. 1799), /27/ it is hereby ordered as follows:
Section 1. Scope. The Interstate Commerce Commission (hereinafter
referred to as the Commission) shall prepare national emergency plans
and develop preparedness programs covering railroad utilization,
reduction of vulnerability, maintenance, restoration, and operation in
an emergency; motor carrier utilization, reduction of vulnerability,
and operation in an emergency; inland waterway utilization of equipment
and shipping, reduction of vulnerability, and operation in an emergency,
excepting the St. Lawrence Seaway; and also provide guidance and
consultation to domestic surface transportation and storage industries,
as defined below, regarding emergency preparedness measures, and to
States regarding development of their transportation plans in assigned
areas. These plans and programs will be designed to develop a state of
readiness in these areas with respect to all conditions of national
emergency, including attack upon the United States.
Sec. 2. Definitions. As used in this order:
"Domestic surface transportation and storage" means rail, motor, and
inland water transportation facilities and services and public storage.
"Public storage" as used herein includes warehouses and other places
which are used for the storage of property belonging to persons other
than the persons have the ownership or control of such premises.
"Inland water transportation" includes shipping on all inland waterways
and Great Lakes shipping engaged solely in the transportation of
passengers or cargo between United States ports on the Great Lakes.
Specifically excluded, for the purposes of this order, are petroleum and
gas pipelines, petroleum and gas storage, agricultural and food
resources storage, including the cold storage of food resources, the Stl
Lawrence Seaway, ocean ports, and Great Lakes ports and port facilities,
highways, streets, roads, bridges, and related appurtenances,
maintenances of inland waterways, and any transportation owned by or
pre-allocated to the military.
Sec. 3. Transportation Functions. The Commission shall:
(a) Requirements. Periodically assemble, develop as appropriate, and
evaluate requirements for domestic surface transportation and storage in
an emergency, taking into account estimated needs for military as well
as civilian purposes. Such evaluation shall take into consideration
distribution of requirements under emergency conditions.
(b) Resources. Periodically assess assigned resources available from
all sources in order to estimate availability under an emergency
situation, analyze resources estimates in relation to estimated
requirements in order to identify problem areas and develop appropriate
recommendations and programs. Provide data and assistance before and
after attack for national resource evaluation purposes of the Office of
Emergency Planning.
(c) Claimancy. Prepare plans to claim material, equipment, manpower,
supplies, and services needed to carry out assigned responsibilities and
other essential functions of the Commission before the appropriate
agency, and work with such agencies in developing programs to insure
availability of such resources in an emergency.
(d) Priorities and allocations. Prepare plans for the allocation of
the use of domestic surface transportation and storage by operators and
users, and to administer such priorities systems as may be necessary to
insure expeditious movement of essential freight and passengers
(including designation of priorities on traffic in transit through port
areas between domestic surface points) subject to determination of
designated authorities as to degree of essentiality and relative
priority of the activity served.
(e) Control. Develop plans with appropriate private transportation
and storage organizations and associations for the coordination and
direction of the use of domestic surface transportation and storage
facilities for movement of passenger and freight traffic.
(f) Emergency operations. Develop a system for keeping informed as
to operation conditions and capabilities throughout the domestic surface
transportation and storage industry including the intensities of
chemical, biological, radiological (CBR) contamination along and on the
appropriate ways and terminals and the consequent interdiction
occasioned by it, and prepare plans to take such actions as are
necessary to avoid conflicts, overcome "bottle-necks," effect
conservation, decrease waste, and speed turn-arounds. Develop and
maintain necessary orders and regulations for the operation of domestic
surface transport and storage industries in an emergency.
(g) Salvage and rehabilitation. Develop plans for salvage of
domestic surface transportation and storage equipment and rehabilitation
including decontamination of appropriate terminals, rights of way,
equipment and shops after attack.
(h) National program guidance. Develop plans and issue guidance
designed to utilize to the maximum extent the existing non-military
facilities, technical competence, and resources of the Federal
Government, the States and local political subdivisions thereof, and
non-governmental organizations and systems engaged in domestic surface
transportation and storage activities to promote the effective and safe
use and maintenance of transportation facilities, equipment, and
services in an emergency.
(i) Stockpiles. Assist the Office of Emergency Planning in
formulating and carrying out plans for the stockpiling of strategic and
critical materials and items necessary to the maintenance of a domestic
surface transportation and storage capability in an emergency.
(j) Economic stabilization. Cooperate with the Office of Emergency
Planning in the development of economic stabilization policies as they
affect domestic surface transportation and storage programs in an
emergency.
(k) Financial aid. Develop plans and procedures for financial and
credit assistance to domestic surface transportation and storage
organizations that might need such assistance in various mobilization
conditions, particularly those resulting from attack.
Sec. 4. Cooperation with Department of Defense. In consonance with
national civil defense plans, programs, and operations of the Department
of Defense under Executive Order 10952, the Commission shall:
(a) Chemical, biological, and radiological warfare defense. Develop
plans to participate with Federal, State, and local, and
non-governmental chemical, biological and radiological defense units in
the detection and the assessment of chemical, biological and
radiological contaminants, and participate in plans for decontamination
operations.
(b) Facilities protection. Provide industry protection and guidance
material adapted to the needs of industries concerned and promote a
national program to stimulate disaster preparedness and control in order
to minimize the effects of overt or covert attack on domestic surface
transportation and storage facilities. Guidance shall include but not
be limited to organization and training of facility employees, personnel
shelter, evacuation and relocation plans, records protection, continuity
of management, emergency repair and recovery of facilities,
deconcentration and dispersal of facilities and equipment, and mutual
aid associations for emergency.
(c) Damage assessment. Maintain a capability to assess the effects
of attack on all domestic surface transportation and storage facilities
essential to safe and effective surface transportation in a national
emergency, and to provide data to the Department of Defense.
Sec. 5. Research. Within the framework of the over-all Federal
research objectives, the Commission shall supervise or conduct research
in areas directly concerned with carrying out assigned emergency
preparedness responsibilities, designate representatives for necessary
ad hoc or task force groups, and provide advice and assistance to other
agencies in planning for research in areas involving the Commission's
interest.
Sec. 6. Functional Guidance. The Commission, in carrying out the
functions assigned in this order, shall be guided by the following:
(a) Interagency cooperation. The Commission shall assume the
initiative in developing joint plans for the coordination of emergency
domestic surface transportation and storage programs of those
departments and agencies having responsibility for any segment of such
activity. It shall utilize to the maximum those capabilities of other
agencies qualified to perform or assist in the performance of assigned
functions by contractual or other agreements.
(b) Presidential coordination. The Director of the Office of
Emergency Planning shall advise and assist the President in determining
policy for, and assist him in coordinating the performance of functions
under this order with the total national preparedness programs.
(c) Emergency planning. Emergency plans and programs, and emergency
organization structure required thereby, shall be developed as an
integral part of the continuing activities of the Commission on the
basis that it will have the responsibility for carrying out such
programs during an emergency.
The Commission shall be prepared to implement all appropriate plans
developed under this order. Modifications and temporary organizational
changes, based on emergency conditions, will be in accordance with
policy determinations by the President.
Sec. 7. Emergency Actions. Nothing in this order shall be construed
as conferring authority under Title III of the Federal Civil Defense Act
of 1950, as amended, or otherwise, to put into effect any emergency
plan, procedure, policy, program, or course of action prepared or
developed pursuant to this order. Such authority is reserved to the
President.
Sec. 8. Redelegation. The Commission is hereby authorized to
redelegate within the Interstate Commerce Commission the functions
hereinabove assigned to it.
Sec. 9. Prior Actions. To the extent of any inconsistency between
the provisions of any prior order and the provisions of this order, the
latter shall control. Emergency Preparedness Order No. 15 (heretofore
issued by the Director, Office of Civil and Defense Mobilization) (26
F.R. 8380839), is hereby revoked.
THE WHITE HOUSE,
February 16, 1962.
JOHN F. KENNEDY
/27/ 1958 U.S.Code Cong. & Adm.News, p. 5595.
Executive Order No. 11004, 27 F.R. 1542, February 20, 1962, EMERGENCY
PREPAREDNESS
By virtue of the authority vested in me as President of the United
States, including authority vested in me by Reorganization Plan No. 1 of
1958 (72 Stat. 1799), /26/ it is hereby ordered as follows:
Section 1. Scope. The Housing and Home Finance Administrator
(hereinafter referred to as the Administrator) shall prepare national
emergency plans and develop preparedness programs covering all aspects
of lodging or housing and community facilities related thereto. These
plans and programs shall be designed to develop a state of readiness in
these areas with respect to all conditions of national emergency,
including attack upon the United States.
Sec. 2. Housing Functions. The Administrator shall:
(a) New housing. Develop plans for the construction and management
of new housing and the community facilities related thereto, when and
where it is determined to be necessary with public funds through direct
Federal action; or the construction of new housing through financial or
credit assistance, in support of production programs.
(b) Communities. Develop plans for the selection, acquisition,
development, and disposal of areas for civilian used in new, expanded,
restored, or relocated communities; and for the construction of housing
for new or restored communities.
(c) Resources. Periodically assess assigned resources available from
all sources in order to estimate availability under an emergency
situation, analyze resource estimates in relation to estimated
requirements in order to identify problem areas and develop appropriate
recommendations and programs. Provide data and assistance before and
after attack for national resources evaluation purposes of the Office of
Emergency Planning.
(d) Priorities. Develop standards and priorities for guidance of
States and communities in making maximum use of and allocating available
housing resources.
(e) Requirements. Periodically assembly, develop as appropriate, and
evaluate requirements with respect to assigned resources and services.
Such estimates shall take into consideration the geographical
distribution of requirements under emergency conditions.
(f) Claimancy. Prepare plans to claim materials, manpower, equipment
supplies, and services needed in support of assigned responsibilities
and other essential functions of the agency from appropriate agencies,
and work with such agencies in developing programs to insure
availability of such resources in an emergency.
(g) Distribution. Develop allocation and distribution control
systems consistent with the priorities and allocations procedures
prescribed by the Department of Commerce for materials and equipment
needed for housing, and develop programs for the domestic distribution
and use of mobile lodging facilities in an emergency.
(h) Stockpiles. Assist the Office of Emergency Planning in
formulating and carrying out plans for stockpiling of strategic and
critical materials, and survival items in the housing field.
(i) Economic stabilization. Cooperate with the Office of Emergency
Planning and the Federal financial agencies in the development of
preparedness measures involving emergency financing, real estate credit,
and rent stabilization.
Sec. 3. Cooperation with Department of Defense. In consonance with
national civil defense plans, programs, and operations of the Department
of Defense under Executive Order No. 10952, the Administrator shall:
(a) Billeting. Develop plans for a billeting program, including
advice and guidance for State and local government agencies in the
administration thereof. The Secretary of the Department of Health,
Education, and Welfare shall incorporate billeting plans in the general
welfare guidance program for States.
(b) Temporary housing. Develop plans for the emergency repair and
restoration to use of damaged housing, for the construction and
management of emergency housing units and the community facilities
related thereto, and for the emergency conversion to dwelling use of
non-residential structures with public funds through direct Federal
action or through financial or credit assistance.
(c) Population movement. Participate in the preparation of plans for
determining which areas are to be restored and in the development and
coordination of plans for the movement of people on a temporary basis
from areas to be abandoned to areas where housing is available or can be
made available.
(d) Shelter. Assist in the development of plans to encourage the
construction of fallout shelters for both old and hew housing in
conformance to the national shelter policy.
(e) Vulnerability. Participate in promoting the dispersal of new or
expanding communities and government installations in conformance to
national vulnerability reduction policy.
(f) Damage assessment. Maintain a capability to assess the effects
of attack on housing resources, both at national and field levels, and
provide data assistance to the Department of Defense.
Sec. 4. Research. Within the framework of overall Federal research
objectives the Administrator shall supervise or conduct research
directly concerned with carrying out emergency preparedness
responsibilities, designate representatives for necessary ad hoc or task
force groups, and provide advice and assistance to other agencies in
planning for research in areas involving the agency's interests.
Sec. 5. Functional Guidance. The Administrator, in carrying out the
functions assigned in this order, shall be guided by the following:
(a) Interagency cooperation. The Administrator shall assume the
initiative in developing joint plans for the coordination of civilian
housing emergency programs of those departments and agencies which
normally have responsibilities for any segment of such activities. He
shall utilize to the maximum those capabilities of other agencies
qualified to perform or assist in the performance of assigned functions
by contractual or other agreements.
(b) Presidential coordination. The Director of the Office of
Emergency Planning shall advise and assist the President in determining
policy for, and assist him in coordinating the performance of functions
under this order with the total national preparedness program.
(c) Emergency planning. Emergency plans and programs, and emergency
organization structure required thereby, shall be developed as an
integral part of the continuing activities of the Housing and Home
Finance Agency on the basis that it will have the responsibility for
carrying out such programs during an emergency. The Administrator shall
be prepared to implement all appropriate plans developed under this
order. Modifications and temporary organizational changes, based on
emergency conditions, will be in accordance with policy determination by
the President.
Sec. 6. Emergency Actions. Nothing in this order shall be construed
as conferring authority under Title III of the Federal Civil Defense Act
of 1950, as amended, or otherwise, to put into effect any emergency plan
procedure, policy, program, or course of action prepared or developed
pursuant to this order. Such authority is reserved to the President.
Sec. 7. Redelegation. In carrying out the functions outlined in
this order, the Administrator may reassign such functions to and
designate or appoint any official or employee within the Housing and
Home Finance Agency, including the constituent agencies, to serve in any
position within the Housing and Home Finance Agency.
Sec. 8. Prior Actions. To the extent of any inconsistency between
the provisions of any prior order and the provisions of this order, the
latter shall control. Emergency Preparedness Order No. 6 (heretofore
issued by the Director, Office of Civil and Defense Mobilization) (26
F.R. 658-659), is hereby revoked.
THE WHITE HOUSE,
February 16, 1962.
JOHN F. KENNEDY
/26/ 1958 U.S.Code Cong. & Adm.News, p. 5595.
Executive Order No. 11003, 27 F.R. 1540, February 20, 1962, EMERGENCY
PREPAREDNESS
By virtue of the authority vested in me as President of the United
States, including authority vested in me by Reorganization Plan No. 1 of
1958 (72 Stat. 1799), /25/ it is hereby ordered as follows:
Section 1. Scope. The Administrator of the Federal Aviation Agency
(hereinafter referred to as the Administrator) shall prepare national
emergency plans and develop preparedness programs covering the emergency
management of the Nation's civil airports, civil aviation operating
facilities, civil aviation services, and civil aircraft other than air
carrier aircraft. These plans and programs shall be designed to develop
a state of readiness in these areas with respect to all conditions of
national emergency, including attack upon the United States.
Sec. 2. Transportation Functions. The Administrator shall:
(a) National program guidance. Develop plans and issue national
program guidance designed to utilize to the maximum extent the existing
non-military facilities, technical competence and resources of the
Federal Government, the States and the local political subdivision
thereof, and non-governmental organizations and systems engaged in
aeronautical activities to promote the effective and safe use and
maintenance of aeronautical facilities, equipment, and services in an
emergency.
(b) Operations. Formulate plans for the development, utilization,
expansion and emergency management of the Nation's civil airports, civil
aviation ground facilities and equipment required for essential civil
air operations, except manufacturing facilities, but including the
development of orders for insuring the continued operations of essential
civil airports, civil aviation operating facilities, and civil aviation
equipment.
(c) Priorities and allocations. Develop plans and procedures for
controls, allocations and priorities concerned with the utilization of
aircraft other than air carrier aircraft in an emergency.
(d) Resources. Periodically assess assigned resources available from
all sources in order to estimate availability under an emergency
situation, analyze resource estimates in relation to estimated
requirements in order to identify problem areas and develop appropriate
recommendations and programs. Provide data and assistance before and
after attack for national resource evaluation purposes of the Office of
Emergency Planning.
(e) Requirements. Determine emergency requirements for material and
supplies needed to manufacture, maintain or operate air navigation
facilities, civil airports, and civil aircraft for which the
Administrator is responsible.
(f) Claimancy. Prepare plans to claim materials, manpower,
equipment, supplies, and services needed to carry out assigned
responsibilities and other essential functions of the agency from the
appropriate agencies and work with such agencies in developing programs
to insure availability of such resources in an emergency.
Sec. 3. Cooperation with Department of Defense. In consonance with
national civil defense plans, programs, and operations of the Department
of Defense under Executive Order No. 10952, the Administrator shall:
(a) Professional training. Prepare and incorporate into appropriate
courses dealing with aeronautics and aviation applicable civil defense
knowledge and skills necessary to insure the maximum operation
effectiveness of essential civil air transportation systems and
facilities; and prepare and distribute such civil defense information
to the management of air transportation systems and facilities, States
and local governments, voluntary agencies, and commercial and
professional groups concerned with the development, utilization
expansion, and emergency management of non-military aviation.
(b) Facilities protection. Analyze the potential effects of attack
as a basis for developing and promoting a national program of
vulnerability reduction, disaster preparedness, and damage control
designed to minimize the effects of over or covert attack on civil
aviation facilities except aircraft manufacturing plants. Such program
shall include, but shall not be limited to, guidance with respect to
deconcentration and dispersal of facilities and equipment, organization
and training of facility employees, shelter, evacuation and relocation
plans, records protection, continuity of management, and emergency
repair and recovery of facilities.
(c) Monitoring. Provide for the detection, identification,
monitoring, and reporting of chemical, biological, and radiological
agents at facilities operated or controlled by the Federal Aviation
Agency.
(d) Decontamination. Provide technical advice, guidance, and
consultation to Federal, State and local civil aviation authorities on
measures for minimizing the effects of chemical, biological, and
radiological contamination of civil airports and civil aviation
facilities, aircraft, ground equipment, and personnel.
(e) Damage Assessment. Maintain a capability to assess the effects
of attack on all air navigation, air traffic control, and aeronautical
communications facilities, all civil airports, civil aircraft, and all
other facilities essential to safe and effective air transportation
operations in a national emergency and provide data to the Department of
Defense.
(f) Salvage and rehabilitation. Develop plans for salvage of
supplies and equipment and the rehabilitation or replacement of
essential civil aviation systems, facilities, and services after attack,
excluding the manufacture of aircraft but including direction of Federal
activities for the emergency clearance and restoration of essential
civil airports in damaged areas.
Sec. 4. Research. Within the framework of over-all Federal research
objectives, the Administrator shall supervise or conduct research direct
y concerned with carrying out emergency preparedness responsibilities,
designate representatives for necessary ad hoc or task force groups, and
provide advice and assistance to other agencies in planning for research
in areas involving the Agency's interest.
Sec. 5. Functional Guidance. The Administrator, in carrying out the
functions assigned in this order, shall be guided by the following:
(a) Interagency cooperation. The Administrator shall work with the
Secretary of Commerce, the Civil Aeronautics Board, and heads of other
agencies concerned with the development of a national emergency
transportation program. In the development of emergency plans and
programs pursuant to this order and in the execution of functions
assigned thereunder, the Administrator shall perform his functions in a
manner compatible with his responsibilities to the Department of Defense
under the Federal Aviation Act of 1958, and without compromise of his
ability to discharge such responsibilities. Nothing in this order shall
be construed to limit the authority vested in the Administrator by the
Federal Aviation Act of 1958 with respect to the exercise of the
Administrator's authority and responsibility in an "air defense
emergency" (as distinguished from a "civil defense emergency"), or other
state of emergency as may be declared by the President.
(b) Presidential coordination. The Director of the Office of
Emergency Planning shall advise and assist the President in determining
policy for, and assist him in coordinating the performance of functions
under this order with the total national preparedness program.
(c) Emergency planning. Emergency plans and programs, and emergency
organizational structure required thereby, shall be developed as an
integral part of the continuing activities of the Federal Aviation
Agency on the Basis that it will have the responsibility for carrying
out such programs during an emergency.
The Administrator shall be prepared to implement all appropriate plans
developed under this order. Modifications and temporary organizational
changes, based on emergency conditions will be in accordance with policy
determination by the President.
Sec. 6. Emergency Actions. Nothing in this order shall be construed
as conferring authority under Title III of the Federal Civil Defense Act
of 1950, as amended, or otherwise, to put into effect any emergency
plan, procedure, policy, program, or course of action prepared or
developed pursuant to this order. Such authority is reserved to the
President.
Sec. 7. Redelegation. The Administrator of the Federal Aviation
Agency is hereby authorized to redelegate within the Agency the
functions hereinabove assigned to him.
Sec. 8. Prior Actions. To the extent of any inconsistency between
the provisions of any prior order and the provisions of this order, the
latter shall control. Emergency Preparedness Order No. 3 (heretofore
issued by the Director, Office of Civil and Defense Mobilization) (26
F.R. 6550656) is hereby revoked.
THE WHITE HOUSE,
February 16, 1962.
JOHN F. KENNEDY
/25/ 1958 U.S.Code Cong. & Adm.News, p. 5595.
Executive Order No. 11002, 27 F.R. 1539, February 20, 1962, EMERGENCY
PREPAREDNESS
By virtue of the authority vested in me as President of the United
States, including authority vested in me by Reorganization Plan No. 1 of
1958 (72 Stat. 1799), /24/ it is hereby ordered as follows:
Section 1. Scope. The Postmaster General shall assist in the
development of a national emergency registration system. These plans
and programs shall be designed to develop a state of readiness in this
area with respect to all conditions of national emergency including
attack upon the United States.
Sec. 2. Cooperation with Department of Defense. In consonance with
national civil defense plans, programs, and operations of the Department
of Defense under Executive Order No. 10952, the Postmaster General sha:
(a) Registration system. Assist in planning a national program and
developing technical guidance for States, and directing Post Office
activities concerned with registering persons and families for the
purpose of receiving and answering welfare inquiries, and reuniting
families in civil defense emergencies. The program shall include:
1. Forms. Procurement, transportation, storage, and distribution of
safety notification and emergency change of address cards in quantities
and localities jointly determined by the Department of Defense and the
Post Office Department.
2. Training. Conduct of training programs for postal employees
which will enable them to operate emergency central postal directories
and to assist in the operation of a national emergency registration
system including support of local welfare activities in reuniting
families.
(b) Damage assessment. Maintain a capability to assess the effects
of attack on its postal service and resources, both at national and
field levels, and provide data to the Department of Defense.
Sec. 3. Functional Guidance. The Postmaster General, in carrying
out the functions assigned in this order, shall be guided by the
following:
(a) Interagency cooperation. The Postmaster General shall work with
the heads of other agencies concerned in the development of systems
outlined above. He shall utilize to the maximum those capabilities of
other agencies qualified to perform or assist in the performance of
assigned functions by contractual or other agreements.
(b) Presidential coordination. The Director of the Office of
Emergency Planning shall advise and assist the President in determining
policy for, and assist him in coordinating the performance of functions
under this order with the total national preparedness program.
(c) Emergency planning. Emergency plans and programs, and emergency
organization structures required thereby, shall be developed as an
integral part of the continuing activities of the Post Office Department
on the basis that it will have the responsibility for carrying out such
programs during an emergency. The Postmaster General shall be prepared
to implement all appropriate plans developed under this order.
Modifications, sha accordance with policy determination by the
President.
Sec. 4. Emergency Actions. Nothing in this order shall be construed
as conferring authority under Title III of the Federal Civil Defense Act
of 1950, as amended, or otherwise, to put into effect any emergency
plan, procedure, policy, program, or course of action prepared or
developed pursuant to this order. Such authority is reserved to the
President.
Sec. 5. Redelegation. The Postmaster General is hereby authorized
to redelegate within the Post Office Department the functions
hereinabove assigned to him.
Sec. 6. Prior Actions. To the extent of any inconsistency between
the provisions of this order, the latter shall control. Emergency
Preparedness Order No. 9 (heretofore issued by the Director, Office of
Civil and Defense Mobilization) (26 F.R. 661-662), is hereby revoked.
THE WHITE HOUSE,
February 16, 1962.
JOHN F. KENNEDY
/24/ 1958 U.S.Code Cong. & Adm.News, p. 5595.
Executive Order No. 11001, 27 F.R. 1534, February 20, 1962, EMERGENCY
PREPAREDNESS
By virtue of the authority vested in me as President of the United
States, including authority vested in me by Reorganization Plan No. 1 of
1958, /23/ it is hereby ordered as follows:
Section 1. Scope. The Secretary of Health, Education, and Welfare
(hereinafter referred to as the Secretary) shall prepare national
emergency plans and develop preparedness programs covering health
services, civilian health manpower, health resources, welfare services,
and educational programs as defined below. These plans and programs
shall be designed to develop a state of readiness in these areas with
respect to all conditions of national emergency including attack upon
the United States.
Sec. 2. Definitions. As used in this order:
(a) "Emergency health services" means medical and dental care for the
civilian population in all of their specialities and adjunct therapeutic
fields, and the planning, provision and operation of first aid stations,
hospitals, and clinics; preventive health services, including
detection, identification and control of communicable diseases, their
vectors, and other public health hazards, inspection and control of
purity and safety of food, drugs and biologicals; food and milk
sanitation; public water supplies, sewage and other waste disposal;
registration and disposal of the dead; prevention and alleviation of
water pollution; vital statistics services; preventive and curative
care related to human exposure to radiological, chemical, and biological
warfare agents; and rehabilitation and related services for disabled
survivors. It shall be understood that health services, for the
purposes of this order, do not encompass the following areas for which
the Department of Agriculture has responsibility; plant and animal
diseases and pest prevention, control and eradication, protection of
meat and meat products, and poultry and poultry products in
establishments under continuous inspection service by the Department of
Agriculture, veterinary biologicals, agricultural commodities and
products owned by the Commodity Credit Corporation or the Secretary of
Agriculture, livestock, agricultural commodities owned or harvestable on
farms and ranches, agricultural lands, and registration of pesticides.
(b) "health manpower" means physicians (including osteopaths);
dentists; sanitary engineers; registered professional nurses; and
such other occupations as may be included in the List of Health Manpower
Occupations issued for the purposes of this Executive Order by the
Director of the Office of Emergency Planning after agreement by the
Secretary of Labor and the Secretary of Health, Education, and Welfare.
(c) "Health resources" means manpower, material, and facilities
required to prevent the impairment of, improve, and restore the physical
and mental health conditions of the civilian population.
(d) "Emergency welfare services" means feeding; clothing; housing
or lodging in private and congregate facilities; registration;
locating and reuniting families; care of unaccompanied children, the
aged, the handicapped, and other groups needing specialized care or
service; necessary financial or other assistance; counseling and
referral service to families and individuals; aid to welfare
institutions under national emergency or post-attack conditions; and
all other feasible welfare aid and services to people in need during a
civil defense emergency. Such measures include organization, direction,
and provision of services to be instituted before attack, in the event
of strategic or tactical evacuation, and after attack in the event of
evacuation or of refuge in shelters.
(e) "Education," as used in this order, means the utilization of
formal public and private school systems, from elementary through
college, for the dissemination of instructional material guidance, and
training in the protection of life and property from enemy attack.
Sec. 3. Health Functions. With respect to emergency health
services, as defined above, and consonance with national civil defense
plans, programs and operations of the Department of Defense under
Executive Order No. 10952, the Secretary shall:
(a) National program guidance. Develop plans and issue guidance
designed to utilize to the maximum extent the existing civilian health
resources of the Federal Government, and with their active
participation, assistance, and consent, the health resources of the
States and local political subdivisions thereof, and of other civilian
organizations and agencies concerned with the health of the population,
under all conditions of national emergency. Maintain relations with
health professions and institutions to foster mutual understanding of
Federal emergency plans which affect health activities.
(b) Professional training. Develop and direct a nationwide program
to train health manpower both in professional and technical occupational
content and in civil defense knowledge and sills. Develop and
distribute health education material for inclusion in the curricula of
schools, colleges, professional schools, government schools, and other
educational facilities throughout the United States. Develop and
distribute civil defense information relative to health services to
States, voluntary agencies and professional groups.
(c) Emergency water supply. Prepare plans to assure the provision of
usable public water supplies for essential community uses in an
emergency. This shall include inventorying existing supplies,
developing new sources, performing research, setting standards, and
planning distribution. In carrying on these activities, the Department
shall have primary responsibility but will make maximum use of the
resources and competence of State and local authorities and of other
Federal agencies.
(d) Radiation. Develop and coordinate programs of radiation
measurement and assessment as may be necessary to carry out the
responsibilities involved in the provision of emergency health services.
(e) Biological and chemical warfare. Develop and coordinate programs
for the prevention, detection, and identification of human exposure to
chemical and biological warfare agents as may be necessary to carry out
the responsibilities involved in the provision of emergency health
services including the provision of guidance and consultation to
Federal, State, and local authorities on measures for minimizing the
effects of biological or chemical warfare.
(f) Food, drugs, and biologicals. Plan and direct national programs
for the maintenance of purity and safety in the manufacture and
distribution of food, drugs, and biologicals in an emergency.
(g) Disabled survivors. Prepare national plans for emergency
operations of vocational rehabilitation and related agencies, and for
measures and resources necessary to rehabilitate and make available for
employment those disabled persons among the surviving population.
(h) Salvage and rehabilitation. Develop plans for salvage of
supplies and equipment and rehabilitation of health services, supplies,
and facilities after attack.
Sec. 4. Welfare Functions. With respect to emergency welfare
services as defined above, and in consonance with national civil defense
plans, programs and operations of the Department of Defense under
Executive Order No. 10952, the Secretary shall:
(a) National program guidance. Develop plans and issue guidance for
an integrated national program for emergency welfare services and,
working with other Federal departments and agencies, provide for
extending guidance and technical assistance to State and local welfare
departments in the development and operation of their plans for the
community organization of emergency welfare services.
(b) Federal support. Cooperate in the development of Federal support
procedures, through joint planning with other departments and agencies,
including but not limited to the Post Office Department, the Department
of Labor, and the Selective Service System, the Housing and Home Finance
Agency, and resource agencies including the Department of Agriculture,
the Department of the Interior, and the Department of Commerce for
logistic support of State and community welfare services in an
emergency.
(c) Emergency welfare training. Develop and direct a nation-wide
program to train emergency welfare manpower for the execution of the
functions set forth in this order, develop welfare educational
materials, including self-help program materials for use with welfare
organizations and professional schools, and develop and distribute civil
defense information relative to emergency welfare services to States,
voluntary agencies, and professional groups.
(d) Financial aid. Develop plans and procedures for financial
assistance to individuals injured or in want as a result of enemy attack
and for welfare institutions in need of such assistance in an emergency.
(e) Professional liaison. Maintain relations with national voluntary
welfare organizations and related national professional and business
organizations to foster mutual understanding and support of emergency
welfare plans and activities.
Sec. 5. Education Functions. With respect to education as defined
above, and in consonance with national civil defense plans, programs and
operations of the Department of Defense under Executive Order No. 10952,
the Secretary shall develop and issue through appropriate channels
instructional materials and provide suggestions and guidance to assist
schools, colleges, and other educational agencies to incorporate
emergency protective measures and long-range civil defense concepts into
their programs. This involves assistance to various levels of education
to develop an understanding of the role of the individual, family, and
community for civil defense in the nuclear age, as well as the
maintenance of relations with educators, national and State education
associations, foundations, and other related organizations to foster
mutual understanding and support of civil defense activities.
Sec. 6. Facilities Protection and Damage Assessment. In consonance
with the national civil defense plans, programs and operations of the
Department of Defense under Executive Order No. 10952, the Secretary
shall:
(a) Facilities protection. Provide industry protection guidance
material adapted to the needs of health, welfare, and education
facilities and promote a national program to stimulate, guide, and
assist facilities such as hospitals, clinics, public water plants, waste
disposal plants and facilities for other emergency health services,
welfare institutions, and schools in methods of disaster preparedness
and control in order to minimize the effects of overt or covert attack
and maintain continuity of capacity to serve the public in an emergency.
Guidance and assistance shall include but not be limited to:
organizing and training facility employees, employee shelter, evacuation
plans, records protection, continuity of management, emergency repair,
deconcentration or dispersal of facilities, and the organization of
mutual aid associations for emergency.
(b) Damage assessment. Maintain a capability to assess the effects
of attack on health, welfare, and education facilities and personnel
both at national and field levels and provide data to the Department of
Defense.
Sec. 7. Resources. The Secretary shall periodically assess assigned
resources available from all sources in order to estimate availability
under an emergency situation, analyze resource estimates in relation to
estimated requirements in order to identify problem areas and develop
appropriate recommendations and programs. Provide data and assistance
before and after attack for national resource evaluation purposes of the
Office of Emergency Planning.
Sec. 8. Relative Urgencies. The Secretary shall develop standards
and relative urgencies for emergency health and welfare services for
guidance of Federal agencies, States, and communities in providing
maximum protection to survivors, and for the purpose of conserving,
improving availability, and allocating such resources.
Sec. 9. Requirements. The Secretary shall periodically assemble,
develop as appropriate, and evaluate requirements for assigned resources
and services, taking into account the estimated needs for military as
well as civilian purposes. Such evaluations shall take into
consideration the geographical distribution of requirements under
emergency conditions.
Sec. 10. Claimancy. The Secretary shall prepare plans to claim
materials, manpower, equipment, supplies and services needed to carry
out assigned responsibilities and other essential functions of the
Department, from the appropriate agency and work with such agencies in
developing programs to insure availability of such resources in an
emergency.
Sec. 11. Stockpiles. The Secretary shall assist the Office of
Emergency Planning in formulating and carrying out stockpiling of
strategic and critical materials and survival items. The Secretary
shall also plan and direct the procurement, storage, maintenance,
inspection, survey, distribution, and utilization of essential supplies
and equipment for emergency health services.
Sec. 12. Research. Within the framework of Federal research
objectives, the Secretary shall supervise or conduct research in areas
directly concerned with carrying out emergency preparedness
responsibilities for health, education, and welfare services assignment,
this is defined as, but not limited to (1) development of medical means
for the prevention and care of casualties (including those from
thermonuclear weapons, radiation exposure, and biological and chemical
warfare, as well as from other weapons); (2) research in preventive
medicines, basic biology and environmental sanitation directed to
maintaining the health of noncasualty population; (3) pre-attack and
post-attack target research in health services; (4) protection of
resources and protocol essential to carrying out long-term basic and
applied research in the post-attack period; and (5) the development of
techniques for the most efficient utilization of civilian health
manpower.
Designate representatives for necessary ad hoc or task force groups and
provide advice and assistance to other agencies in planning for research
in areas involving the Department's interest.
Sec. 13. Functional Guidance. The Secretary, in carrying out the
functions assigned in this order, shall be guided by the following:
(a) Interagency cooperation. The Secretary shall assume the
initiative in developing joint plans for the coordination of emergency
civilian health services and welfare services programs of those
departments and agencies which have responsibility for any segment of
such activities. He shall utilize to the maximum those capabilities of
other agencies qualified to perform or assist in the performance of
assigned functions by contractual or other agreements.
(b) Presidential coordination. The Director of the Office of
Emergency Planning shall advise and assist the President in determining
policy for, and assist him in coordinating the performance of functions
under this order with the total national preparedness program.
(c) Emergency planning. Emergency plans and programs, and emergency
organization structure required thereby, shall be developed as an
integral part of the continuing activities of the Department of Health,
Education, and Welfare on the basis that it will have the responsibility
for carrying out such programs during an emergency. The Secretary shall
be prepared to implement all appropriate plans developed under this
order. Modifications and temporary organization changes, based on
emergency conditions, will be in accordance with policy determination by
the President.
Sec. 14. Emergency Actions. Nothing in this order shall be
construed as conferring authority under Title III of the Federal Civil
Defense Act of 1950, as amended, or otherwise, to put into effect any
emergency plan, procedure, policy, program, or course of action prepared
or developed pursuant to this order. Such authority is reserved to the
President.
Sec. 15. Redelegation. The Secretary is hereby authorized to
redelegate within the Department of Health, Education, and Welfare the
functions hereinabove assigned to him.
Sec. 16. Prior Actions. To the extent of any inconsistency between
the provisions of any prior order and the provisions of this order, the
latter shall control. Emergency Preparedness Orders Nos. 4 and 5
(heretofore issued by the Director, Office of Civil and Defense
Mobilization) (26 F.R. 656-658), are hereby revoked.
THE WHITE HOUSE,
February 16, 1962.
JOHN F. KENNEDY
/23/ 1958 U.S.Code Cong. & Adm.News, p. 5595.
Executive Order No. 11000, 27 F.R. 1532, February 20, 1962, EMERGENCY
PREPAREDNESS
By virtue of the authority vested in me as President of the United
States, including authority vested in me by Reorganization Plan No. 1 of
1958 (72 Stat. 1799), /22/ it is hereby ordered as follows:
Section 1. Scope. The Secretary of Labor (hereinafter referred to
as the Secretary) shall prepare national emergency plans and develop
preparedness programs covering civilian manpower mobilization, more
effective utilization of limited manpower resources including
specialized personnel, wage and salary stabilization, worker incentives
and protection, manpower resources and requirements, skill development
and training, research, labor-management relations, and critical
occupations. These plans and programs shall be designed to develop a
state of readiness in these areas with respect to all conditions of
national emergency, including attack upon the United States.
Sec. 2. Functions. The Secretary shall:
(a) Civilian manpower mobilization. Develop plans and issue guidance
designed to utilize to the maximum extent civilian manpower resources,
such plans and guidance to be developed with the active participation
and assistance of the States and local political subdivisions thereof,
and of other organizations and agencies concerned with the mobilization
of the people of the United States. Such plans shall include, but not
necessarily be limited to:
(1) Manpower management. Recruitment, selection and referral,
training, employment stabilization (including appeals procedures),
proper utilization, and determination of the skill categories critical
to meeting the labor requirements of defense and essential civilian
activities.
(2) Priorities. Procedures for translating survival and production
urgencies into manpower priorities to be used as guides for allocating
available workers.
(3) National guidance. Technical guidance to States for the
utilization of the nationwide system of public employment offices and
other appropriate agencies for screening, recruiting, and referring
workers, and for other appropriate activities to meet mobilization and
civil defense needs in each community.
(4) Improving mobilization base. Programs for more effective
utilization of limited manpower resources, and in cooperation with other
appropriate agencies, programs for recruitment, training, allocation,
and utilization of persons possessing specialized competence or aptitude
in acquiring such competence.
(b) Wage and salary stabilization. Develop plans and procedures for
wage and salary stabilization and for the national and field
organization necessary for the administration of such a program in an
emergency, including investigation, compliance and appeals procedures;
statistical studies of wages, salaries and prices for policy decisions
and to assist operating stabilization agencies to carry out their
functions.
(c) Worker incentives and protection. Develop plans and procedures
for wage and salary compensation and death and disability compensation
for authorized civil defense workers and, as appropriate, measures for
unemployment payments, re-employment rights, and occupational safety,
and other protection and incentives for the civilian labor force during
an emergency.
(d) Resources. Periodically assess manpower resources in total, by
specific skills categories and occupations, and by geographical
locations, in order to estimate availability under an emergency
situation, analyze resource estimates in relation to estimated
requirements in order to identify problem areas, and develop appropriate
recommendations and programs.
Provide data and assistance before and after attack for national
resource evaluation purposes of the Office of Emergency Planning.
(e) Requirements. Develop, in coordination with manpower-using
agencies, plans, procedures and standards for presenting claims for
civilian manpower; periodically obtain and analyze or make estimates of
requirements for manpower, in total and by specific skill categories and
occupations currently and for any emergency, taking into account the
estimates of needs for military and civilian purposes; and advise other
agencies on the manpower implications of alternative program decisions.
Such evaluation shall take into consideration the geographical
distribution of requirements under emergency conditions.
(f) Claimancy. Prepare plans to claim materials, equipment, supplies
and service needed in support of assigned responsibilities and other
essential functions of the Department from appropriate agencies, and
work with such agencies in developing programs to insure the
availability of such resources in an emergency.
(g) Skill development and training. Initiate current action programs
to overcome or offset present or anticipated manpower deficiencies
including those identified as a result of resources and requirements
studies.
(h) Labor-management relations. Develop, after consultation with the
Department of Commerce, the Department of Defense, the National Labor
Relations Board, the Federal Mediation and Conciliation Service, the
National Mediation Board, and other appropriate agencies and groups
including representatives of labor and management, plans and procedures
including organization plans for the maintenance of effective
labor-management relations during a national emergency.
(i) Damage assessment. Maintain a capability to assess the effects
of attack upon manpower resources, departmental installations, and State
Employment Security agencies, both at national and field levels, and
provide data to the Department of Defense.
(j) Critical occupations. Develop and maintain a list of critical
occupations for use, when appropriate, with lists of essential
activities as developed by the Department of Commerce. With the
Secretary of Defense, the Director of Selective Service System, and such
other persons as the President may designate, the Secretary shall
develop policies applicable to the deferment of registrants whose
employment in occupations or activities is necessary to the maintenance
of the national health, safety, or interest.
Sec. 3. Research. Within the framework of Federal research
objectives, supervise or conduct research directly concerned with
carrying out emergency preparedness responsibilities, designate
representatives for necessary ad hoc or task force groups, and provide
advice and assistance to other agencies in planning for research in
areas involving the Department's interest.
Sec. 4. Functional Guidance. The Secretary, in carrying out the
functions assigned in this order, shall be guided by the following:
(a) Interagency cooperation. The Secretary shall assume the
initiative in developing over-all civilian manpower mobilization
programs and in coordinating the programs of other departments and
agencies which have responsibility for any segment of such activities.
He shall utilize to the maximum those capabilities of other agencies
qualified to perform or assist in the performance of assigned functions
by contractual or other agreements. Such programs shall be in
consonance with national civil defense plans, programs and operations of
the Department of Defense under Executive Order No. 10952.
(b) Presidential coordination. The Director of the Office of
Emergency Planning shall advise and assist the President in determining
policy for, and assist him in coordinating the performance of functions
under this order with the total national preparedness program.
(c) Emergency planning. Emergency plans and programs, and emergency
organization structure required thereby, shall be developed as an
integral part of the continuing activities of the Department of Labor on
the basis that it will have the responsibility for carrying out such
programs during an emergency. The Secretary shall be prepared to
implement all appropriate plans developed under this order.
Modifications and temporary organizational changes, based on emergency
conditions, will be in accordance with policy determination by the
President.
Sec. 5. Emergency Actions. Nothing in this order shall be construed
as conferring authority under Title III of the Federal Civil Defense Act
of 1950, as amended, or otherwise, to put into effect any emergency
plan, procedure, policy, program or course of action prepared or
developed pursuant to this order. Such authority is reserved to the
President.
Sec. 6. Redelegation. The Secretary is hereby authorized to
redelegate within the Department of Labor the functions hereinabove
assigned to him.
Sec. 7. Prior Actions. To the extent of any inconsistency between
the provisions of any prior order and the provisions of this order, the
latter shall control. Emergency Preparedness Order No. 8 (heretofore
issued by the Director, Office of Civil and Defense Mobilization) (26
F.R. 660-661), is hereby revoked.
THE WHITE HOUSE,
February 16, 1962.
JOHN F. KENNEDY
/22/ 1958 U.S.Code Cong. & Adm.News, p. 5595.
Executive Order No. 10999, 27 F.R. 1527, February 20, 1962, EMERGENCY
PREPAREDNESS
By virtue of the authority vested in me as President of the United
States, including authority vested in me by Reorganization Plan No. 1 of
1958 (72 Stat. 1799), /21/ it is hereby ordered as follows:
Section 1. Scope. The Secretary of Commerce (hereinafter referred
to as the Secretary) shall prepare national emergency plans and develop
preparedness programs covering:
(a) Development and coordination of over- for the provision of a
centralized control of all modes of transportation in an emergency for
the movement of passenger and freight traffic of all types, and the
determination of the proper apportionment and allocation of the total
civil transportation capacity, or any portion thereof, to meet over-all
essential civil and military needs.
(b) Federal, emergency operational responsibilities with respect to:
highways, roads, streets, bridges, tunnels, and appurtenances; highway
traffic regulation; allocation of air carrier aircraft for essential
military and civilian operations; ships in coastal and intercoastal use
and ocean shipping, ports and port facilities; and the Saint Lawrence
Seaway; except those elements of each normally operated or controlled
by the Department of Defense.
(c) The production and distribution of all materials, the use of all
production facilities, the control of all construction materials, and
the furnishing of basic industrial services except the following:
(1) Production and distribution of and use of facilities for
petroleum, solid fuels, gas, and electric power;
(2) Production, processing, distribution and storage of food
resources and the use of food resource facilities for such production,
processing, distribution, and storage;
(3) Domestic distribution of farm equipment and fertilizer;
(4) Use of communications services and facilities, housing, and
lodging facilities, and health and welfare facilities;
(5) Production, and related distribution, of minerals defined as all
raw materials of mineral origin (except petroleum, gas, solid fuels, and
source materials as defined in the Atomic Energy Act of 1954, as
amended) obtained by mining and like operations and processed through
the stages specified, and at the facilities designated in an agreement
between the Secretary of Commerce and the Secretary of the Interior as
being within the emergency preparedness responsibilities of the
Secretary of the Interior, and the construction and use of facilities
designated as within the responsibilities of the Secretary of the
Interior;
(6) Distribution of items in the supply systems of, or controlled by
the Department of Defense and the Atomic Energy Commission, and
(7) Construction and use of civil aviation facilities.
(d) fallout forecasting based on current weather data.
(e) Collection and reporting of census data for emergency planning
purposes.
These plans and programs shall be designed to develop a state of
readiness in those areas with respect to all degrees of national
emergency, including attack upon the United States.
Sec. 2. Transportation Planning and Coordination Function. The
Secretary shall develop long range programs designed to integrate the
mobilization requirements for movement of all forms of commerce with all
forms of national and international transportation systems including
air, ground, water, and pipelines, in an emergency; more particularly
he shall:
(a) Resources and requirements. Obtain, assemble, analyze, and
evaluate data on the requirements of all claimants for all types of
civil transportation to meet the needs of the military and of the civil
economy. Consolidate, evaluate, and interpret both current and
projected resources and requirements data developed by all Federal
agencies concerned with moving passengers or cargo by all modes of
transportation for the purpose of initiating actions designed to
stimulate government and industry actions to improve the peacetime
structure of the transportation system for use in an emergency.
(b) Economic projections. Conduct a continuing analysis of
transportation problems and facilities and relation to long-range
economic projections for the purpose of recommending incentive and/or
regulatory programs designed to bring all modes of transportation in
balance with each other, with current economic conditions, projected
peacetime conditions, and with emergency conditions.
(c) Passenger and cargo movement. Develop plans and procedures which
would provide for the central collection and analysis of passenger and
cargo movement demands of both shipper and user agencies as they relate
to the capabilities of various transport modes in existence at the time,
control or delegate control of the priority of movement of passengers
and cargo for all modes of transportation by mode or within a mode and
develop policies, standards and procedures for emergency enforcement of
controls through the use of means such as education, incentives,
embargoes, permits, sanctions, claimancy policies, etc.
(d) Emergency transportation functions. In consonance with plans
developed by other agencies assigned operational responsibilities in the
transportation program, develop plans for and be prepared to provide the
administrative facilities for performing emergency transportation
functions when required by the President.
Sec. 3. Transportation Operations Planning Functions. The Secretary
shall develop plans and procedures in consonance with international
treaties and in cooperation with other Federal agencies, the States and
their political subdivisions to:
(a) Highways and streets. Adapt and develop highway and street
systems to meet emergency requirements and provide procedures for their
repair, restoration, improvement, revision and use as an integral part
of the transportation system in an emergency.
(b) Ocean shipping and ports. To plan for the operation and control
of Federal activities concerned with:
(1) Shipping allocation. Allocation of merchant shipping to meet the
national requirements including those for military, foreign assistance,
and emergency procurement programs, and those essential to the civilian
economy. The term "merchant shipping" and the term "ocean shipping" as
used herein include all coastwise and intercoastal, and Great Lakes
shipping except that solely engaged in the transportation of passenger
and cargo between United States ports.
(2) Ship acquisition. Provision of ships for ocean shipping by
purchase, charter, or requisition, by breakout from the national defense
reserve fleet, and construction.
(3) Operations. Operation of ocean shipping directly or indirectly.
(4) Traffic control. Provision for the control of traffic through
port areas to assure an orderly and continuous flow of such traffic.
The term "port area (s)" as used herein includes any zone contiguous to
or associated in the traffic network of an ocean or Great Lakes port, or
outport location, including beach loading sites, within which facilities
exist for the transshipment of persons and property between domestic
carriers and carriers engaged in coastal, intercoastal, and overseas
transportation.
(5) Traffic priority. Administration of priorities for the movement
of traffic through port areas.
(6) Port allocation. Allocation of available ports and port
facilities to meet the needs of the Nation and our allies. The term
"port facilities" as used herein includes all port facilities (including
the Great Lakes), port equipment including harbor craft, and port
services normally used in accomplishing the transfer or interchange of
cargo and passengers between ocean-going vessels and other media of
transportation or in connection therewith.
(7) Support activities. Performance of supporting activities needed
to carry out the above functions, such as: ascertaining national
requirements for ocean shipping including those for military and other
Federal programs and those essential to the civilian economy;
maintenance, repair, and arming of ships; recruitment, training, and
assignment of officers and seamen; procurement, warehousing, and
issuance of ships' stores, supplies, equipment and spare parts;
supervision of stevedoring and bunkering; management of terminals,
shipyards, and other facilities; and maintenance, restoration, and
provision of port facilities.
(c) Air carrier civil air transportation. Develop plans for a
national program to utilize the air carrier civil air transportation
capacity and equipment, both domestically and internationally, in a
national emergency, particularly in the following areas concerned with:
(1) Requirements. Obtaining from the Department of Defense, Civil
Aeronautics Board, or other agencies, and analyzing requirements for the
services of air carrier aircraft for essential military and civilian
use.
(2) Allocation. Allocation of air carrier aircraft to meet the needs
of the Department of Defense for military operations and the Civil
Aeronautics Board for essential civilian needs.
Sec. 4. Production Functions. Within the areas designated in
section 1(c) hereof, the Secretary shall:
(a) Requirements. Periodically assemble, develop as appropriate, and
evaluate estimated requirements for assigned resources and services
taking into account the estimated needs for military, civilian, and
foreign purposes. Such evaluation shall take into consideration
geographical distribution of requirements in an emergency.
(b) Resources. Periodically assess assigned resources available from
all sources in order to estimate availability under an emergency
situation, analyze resource estimates in relation to estimated
requirements in order to identify problem areas, and develop
appropriate, recommendations and programs including those necessary for
the maintenance of an adequate mobilization base. Provide data and
assistance before and after attack for national resource evaluation
purposes of the Office of Emergency Planning.
(c) Priorities and allocations. Develop priorities, allocation,
production, and distribution control systems, including provisions for
other Federal departments and agencies, as appropriate, to serve as
allotting agents for materials made available under such systems for
construction and operation of facilities assigned to them.
(d) New construction. Develop procedures by which new production
facility construction proposals will be reviewed for appropriate
location in the light of such area factors as locational security,
availability of labor, water, housing, and other requirements.
(e) Industry evaluation. Identify and rate those products and
services, and their producing or supporting facilities, which are of
exceptional importance to mobilization readiness, national defense, or
post-attack survival and recovery.
(f) Production capability. Analyze potential effects of attack on
actual production capability, taking into account the entire production
complex including shortages of resources, and conduct studies as a basis
for recommending pre-attack measures that would strengthen capabilities
for post-attack production.
(g) Stockpiles. Assist the Office of Emergency Planning in
formulating and carrying out plans for stockpiling of strategic and
critical materials, and essential survival items.
(h) Essential activities. Maintain lists of activities essential to
defense production and to minimum requirements of the civilian economy,
such lists to be used in conjunction with lists of critical occupations.
(i) Financial aid. Develop plans and procedures for financial aids
and incentives, including credit assistance to producers, processors,
and distributors of those industries included in section 1(c) hereof,
who might need such assistance in various mobilization conditions,
particularly those resulting from attack.
(j) Salvage and rehabilitation. Develop plans for the salvage of
stocks and rehabilitation of assigned products and facilities after
attack.
Sec. 5. Economic Stabilization. The Secretary shall cooperate with
the Office of Emergency Planning in the development of suitable economic
stabilization measures providing continuing guidance to the States,
their political subdivisions, manufacturers, processors, and the public
on the use and conservation of essential commodities in an emergency
including rationing.
Sec. 6. Cooperation with Department of Defense. In consonance with
national civil defense plans, programs, and operations of the Department
of Defense under Executive Order No. 10952, the Secretary shall:
(a) Facilities protection. Provide industry protection guidance
materials adapted to the needs of assigned facilities and promote a
national program to stimulate disaster preparedness and control in order
to minimize the effects of overt or covert attack, and to maintain
continuity of production and capacity to serve essential users in an
emergency. Guidance shall include, but not be limited to, organizing
and training facility personnel, personnel shelter, evacuation plans,
records protection, continuity of management, emergency repair,
deconcentration or dispersal of critical facilities, and industrial
mutual aid associations for emergency.
(b) Public roads control. Develop plans for a national program, in
cooperation with all Federal, State and local government units or other
agencies concerned, for technical guidance to States and direction of
Federal activities relating to highway traffic control problems which
may be created during an emergency; and plans for barricading and/or
marking streets and highways, leading into or out of restricted fallout
areas, for the protection of the public by external containment of
traffic through hazardous areas.
(c) Weather function. Prepare and issue currently, as well as in an
emergency, forecasts and estimate of areas likely to be covered by
fallout in event of attack and make this information available to the
Federal, State, and local authorities for public dissemination.
(d) Monitoring. Provide for the detection, identification,
monitoring, and reporting of chemical, biological and radiological
agents at facilities operated or controlled by the Department of
Commerce.
(e) Damage assessment. Maintain a capability to assess the effects
of attack on assigned resource areas and departmental installations,
both of national and field levels, and provide data to the Department of
Defense.
Sec. 7. Claimancy. The Secretary shall prepare plans to claim
supporting materials, manpower, equipment, supplies and services which
would be needed to carry out assigned responsibilities and other
essential functions of the Department from the appropriate agency and
shall work with such agencies in developing programs to insure
availability of such resources in an emergency.
Sec. 8. Census Data. The Secretary shall provide for the collection
and reporting of census information on the status of human and economic
resources including population, housing, agriculture, manufacture,
mineral industries, business, transportation, foreign trade,
construction, and governments, as required for emergency planning
purposes.
Sec. 9. Research. Within the framework of Federal research
objectives, the Secretary shall supervise or conduct research in areas
directly concerned with carrying out his emergency preparedness
responsibilities, designate representatives for necessary ad hoc or task
force groups, and provide advice and assistance to other agencies in
planning for research in areas involving the Department's interest.
Sec. 10. Functional Guidance. The Secretary, in carrying out the
functions assigned in this order, shall be guided by the following:
(a) Interagency cooperation. The Secretary shall assume the
initiative in developing joint plans for the coordination of
transportation and production programs which involve other departments
and agencies which have responsibilities for any segment of such
activities. He shall utilize to the maximum those capabilities of other
agencies qualified to perform or assist in the performance of assigned
functions by contractual or other agreements.
(b) Presidential coordination. The Director of the Office of
Emergency Planning shall advise and assist the President in determining
policy for, and assist him in, coordinating the performance of functions
under this order with the total national preparedness program.
(c) Emergency planning. Emergency plans and programs, and emergency
organization structure required thereby, shall be developed as an
integral part of the continuing activities of the Department of Commerce
on the basis that it will have the responsibility for carrying out such
programs during an emergency. The Secretary shall be prepared to
implement all appropriate plans developed under this order.
Modifications and temporary organizational changes, based on emergency
conditions, will be in accordance with policy determination by the
President.
Sec. 11. Emergency Actions. Nothing in this order shall be
construed as conferring authority under Title III of the Federal Civil
Defense Act of 1950, as amended, or otherwise, to put into effect any
emergency plan, procedure, policy, program, or course of action prepared
or developed pursuant to this order. Such authority is reserved to the
President.
Sec. 12. Redelegation. The Secretary is hereby authorized to
redelegate within the Department of Commerce the functions hereinabove
assigned to him.
Sec. 13. Prior Actions. To the extent of any inconsistency between
the provisions of any prior order and the provisions of this order, the
latter shall control. Emergency Preparedness Order No. 2 (heretofore
issued by the Director, Office of Civil and Defense Mobilization) (26
F.R. 653-654), is hereby revoked.
THE WHITE HOUSE,
February 16, 1962.
JOHN F. KENNEDY
/21/ 1958 U.S.Code Cong. & Adm.News, p. 5595.
Executive Order No. 10998, 27 F.R. 1524, February 20, 1962, EMERGENCY
PREPAREDNESS
By virtue of the authority vested in me as President of the United
States, (including authority vested in me by Reorganization Plan No. 1
of 1958 (72 Stat. 1799), /20/ it is hereby ordered as follows:
Section 1. Scope. The Secretary of Agriculture (hereinafter
referred to as the Secretary) shall prepare national emergency plans and
develop preparedness programs covering: Food resources, farm equipment,
fertilizer, and food resource facilities, as defined below; rural fire
control; defense against biological war, chemical warfare, and
radiological fallout pertaining to agricultural activities; and rural
defense information and education. These plans and programs shall be
designed to develop a state of readiness in these areas with respect to
all conditions of national emergency, including attack upon the United
States.
Sec. 2. Definitions. As used in this order:
(a) "Food resources" means all commodities and products, simple,
mixed, or compound, or complements to such commodities or products, that
are capable of being eaten or drunk, by either human beings or animals,
irrespective of other uses to which such commodities or products may be
put, at all stages of processing from the raw commodity to the products
thereof in vendible form for human or animal consumption. For the
purposes of this order the term "food resources" shall also include all
starches, sugars, vegetable and animal fats and oils, cotton, tobacco,
wool, mohair, hemp, flax fiber, and naval stores, but shall not include
any such material after it loses its identity as an agricultural
commodity or agricultural product.
(b) "Farm equipment" means machinery, equipment and repair parts
manufactures primarily for use on farms in connection with the
production or preparation for market use of "food resources."
(c) "Fertilizer" means any product or combination of products for
plant nutrition in form for distribution to the users thereof.
(d) "Food resource facilities" means plants, machinery, vehicles
(including on farm) and other facilities for the production, processing,
distribution and storage (including cold storage) of food resources, and
for domestic distribution of farm equipment and fertilizer.
Sec. 3. Food Function. With respect to food resources, food
resource facilities, farm equipment, and fertilizer the Secretary shall:
(a) Resources. Periodically assess assigned resources available from
all sources in order to estimate availability under an emergency
situation, analyze resource estimates in relation to estimated
requirements in order to identify problem areas, and develop appropriate
recommendations and programs including those necessary for the
maintenance of an adequate mobilization base. Provide data and
assistance before and after attack for national resource evaluation
purposes of the Office of Emergency Planning.
(b) Requirements. Periodically assemble, develop as appropriate, and
evaluate requirements for assigned resources and service, taking into
account the estimated needs for military, civilian, and foreign
purposes. Such evaluation shall take into consideration the
geographical distribution of requirements under emergency conditions.
(c) Priorities and allocations. Develop priorities, allocations and
distribution control systems and related plans to insure that available
food resources are properly apportioned among and distributed to
civilian, military and foreign claimants in an emergency and develop
priorities, allocations and distribution control systems and related
plans for the domestic distribution of farm equipment and fertilizer.
(d) Production and processing. Develop control systems and related
plans including control of use of facilities designed to provide
adequate and continuing production, processing and storage of essential
food resources in an emergency.
(e) Salvage and rehabilitation. Develop plans for salvage of food
resources after determination, by proper authorities having the
responsibility for this function, of their safety for human or animal
consumption and develop plans for the rehabilitation of food resource
facilities after attack.
(f) Economic stabilization. Cooperate with the Office of Emergency
Planning in the development of stabilization policies as they might
affect agriculture production, processing, distribution, and storage,
and in the development of policies for consumer rationing of food
resources.
(g) Financial aid. Develop plans and procedures for financial and
credit assistance for farmers who might need such assistance under
various mobilization conditions, and provide assistance to food
industries in obtaining necessary financing and credit in an emergency.
Sec. 4. Cooperation with Department of Defense. In consonance with
national civil defense plans, programs and operations of the Department
of Defense, under Executive Order No. 10952, the Secretary shall:
(a) Facilities protection. Provide industry protection guidance
materials adapted to the needs of assigned food resources facilities and
promote a national program to stimulate disaster preparedness and
control in order to minimize the effects of overt or covert attack, and
to maintain continuity of production and capacity to serve essential
users in an emergency. Guidance shall include, but not be limited to,
organizing and training facility personnel, personnel shelter,
evacuation plans, records protection, continuity of management,
emergency repair, deconcentration or dispersal of facilities, and
industrial mutual aid associations for an emergency.
(b) Rural fire functions. In cooperation with Federal, State and
loca agencies, develop plans for a national program and direct
activities relating to the prevention and control of fires in the rural
areas of the United States caused by the effects of enemy attack.
(c) Biological, chemical, and radiological warfare defense functions.
Develop plans for a national program, direct Federal activities, and
furnish technical guidance to State and local authorities concerning (1)
diagnosis and strengthening of defensive barriers and control or
eradication of diseases, pests, or chemicals introduced as agents of
biological or chemical warfare against animals, crops or products
thereof; (2) protective measures, treatment and handling of livestock,
including poultry, agricultural commodities on farms or ranches,
agricultural lands, forest lands, and water for agricultural purposes,
any of which have been exposed to or affected by radiation. Plans shall
be developed for a national program and direction of Federal activities
to assure the safety and wholesomeness and to minimize losses from
biological and chemical warfare, radiological effects, and other
emergency hazards of livestock, meat and meat products, poultry and
poultry products in establishments under the continuous inspection of
the U.S. Department of Agriculture and agricultural commodities and
products owned by the Commodity Credit Corporation or by the Secretary.
(d) Rural defense information and education. Conduct a rural defense
information and education program to advise farmers that they will have
a responsibility to produce food of the kind and quantity needed in an
emergency and shall work with farmers and others in rural areas to
reduce the vulnerability of homes, crops, livestock, and forests, to
either overt or covert attack.
(e) Damage assessment. Maintain a capability to assess the effects
of attack on assigned resource areas and departmental installations,
both at national and field levels, and provide data to the Department of
Defense.
Sec. 5. Claimancy. The Secretary shall prepare plans to claim
materials, manpower, equipment, supplies and services which would be
needed to carry out assigned responsibilities and other essential
functions of the Department from the appropriate agency and work with
such agencies in developing programs to insure availability of such
resources in an emergency.
Sec. 6. Stockpiles. The Secretary shall assist the Office of
Emergency Planning in formulating and carrying out plans for stockpiling
strategic and critical materials. In the administration of Commodity
Credit Corporation inventories of food resources he shall take to assure
the availability of such inventories when and where needed in an
emergency. The Secretary shall also develop plans and procedures for
proper utilization of agriculture items stockpiled for survival
purposes,
Sec. 7. National Program Guidance. The Secretary, shall provide
technical guidance to State and local governments to the end that all
planning concerned with functions assigned herein will be effectively
coordinated. He shall also maintain relations with the appropriate
industries to foster mutual understanding of Federal emergency plans.
Sec. 8. Research. Within the framework of over-all Federal research
objectives, the Secretary shall supervise or conduct research directly
concerned with carrying out emergency preparedness responsibilities,
designate representatives for necessary ad hoc or task force groups, and
provide advice and assistance to other agencies in planning for research
in areas involving the interests of the Department of Agriculture.
Sec. 9. Functional Guidance. The Secretary, in carrying out the
functions assigned in this order, shall be guided by the following:
(a) Interagency cooperation. The Secretary shall assume the
initiative in developing joint plans for the coordination of emergency
food resources of those departments and agencies which have the
responsibility for any segment of such activities. He shall utilize to
the maximum those capabilities of other agencies qualified to perform or
assist in the performance of assigned functions by contractual or other
agreements.
(b) Presidential coordination. The Director of the Office of
Emergency Planning shall advise and assist the President in determining
policy or, and assist him in coordinating the performance of functions
under this order with the total national preparedness program.
(c) Emergency planning. Emergency plans and programs, and emergency
organization structure required thereby, shall be developed as an
integral part of the continuing activities of the Department of
Agriculture on the basis that it will have the responsibility for
carrying out such programs during an emergency. The Secretary shall be
prepared to implement all appropriate plans developed under this order.
Modifications and temporary organizational changes, based on emergency
conditions, will be in accordance with policy determination by the
President.
Sec. 10. Emergency Actions. Nothing in this order shall be
construed as conferring authority under Title III of the Federal Civil
Defense Act of 1950, as amended, or otherwise, to put into effect any
emergency plan, procedure, policy, program, or course of action prepared
or developed pursuant to this order. Such authority is reserved to the
President.
Sec. 11. Redelegation. The Secretary is hereby authorized to
redelegate within the Department of Agriculture the functions
hereinabove assigned to him.
Sec. 12. Prior Actions. To the extent of any inconsistency between
the provisions of any prior order and the provisions of this order, the
latter shall control. Emergency Preparedness Order No. 1 (heretofore
issued by the Director, Office of Civil and Defense Mobilization) (26
F.R. 651-652), is hereby revoked.
THE WHITE HOUSE,
February 16, 1962.
JOHN F. KENNEDY
/20/ 1958 U.S.Code Cong. & Adm.News, p. 5595.
Executive Order No. 10997, 27 F.R. 1522, February 20, 1962, EMERGENCY
PREPAREDNESS
By virtue of the authority vested in me as President of the United
States, including authority vested in me by Reorganization Plan No. 1 of
1958 (72 Stat. 1799), /18/ it is hereby ordered as follows:
Section 1. Scope. The Secretary of the Interior (hereinafter
referred to as the Secretary) shall prepare national emergency plans and
develop preparedness programs covering (1) electric power; (2)
petroleum and gas; (3) solid fuels; and (4) minerals. These plans and
programs shall be designed to provide a state of readiness in these
resource areas with respect to all conditions of national emergency,
including attack upon the United States.
Sec. 2. Definitions. As used in this order:
(a) The term "electric power" means all forms of electric power and
energy, including the generation, transmission, distribution, and
utilization thereof.
(b) The term "petroleum" means crude oil and synthetic liquid fuel,
their products, and associated hydrocarbons, including pipelines for
their movement and facilities specially designed for their storage.
(c) The term "gas" means natural gas (including helium) and
manufactured gas, including pipelines for the movement and facilities
specially designed for their storage.
(d) The term "solid fuels" means all forms of anthracite, bituminous,
sub-bituminous, and lignitic coals, coke, and coal chemicals produced in
the coke making process.
(e) The term "minerals" means all raw materials of mineral origin
(except petroleum, gas, solid fuels, and source materials as defined in
the Atomic Energy Act of 1954, as amended) /19/ obtained by mining and
like operations and processed through the stages specified and at the
facilities designated in an agreement between the Secretary of the
Interior and the Secretary of Commerce as being within the emergency
preparedness responsibilities of the Secretary of the Interior.
Sec. 3. Resource Functions. With respect to the resources defined
above, the Secretary shall:
(a) Priorities and allocations. Develop systems for the emergency
application of priorities and allocations to the production and
distribution, of assigned resources.
(b) Requirements. Periodically assemble, develop as appropriate, and
evaluate requirements for power, petroleum, gas and solid fuels, taking
into account estimated needs for military, civilian, and foreign
purposes. Such evaluation shall take into consideration geographical
distributions of requirements under emergency conditions.
(c) Resources. Periodically assess assigned resources available from
all sources in order to estimate availability under an emergency
situation, analyze resource estimates in relation to estimated
requirements in order to identify problem areas, and develop appropriate
recommendations and programs including those necessary for the
maintenance of an adequate mobilization base. Provide data and
assistance before and after attack for national resource evaluation
purposes of the Office of Emergency Planning.
(d) Claimancy. Prepare plans to claim materials, manpower,
equipment, supplies and services needed in support of assigned
responsibilities and other essential functions of the Department before
the appropriate agency, and work with such agencies in developing
programs to insure availability of such resources in an emergency.
(e) Minerals development. Develop programs and encourage the
exploration, development and mining of strategic and critical minerals
for emergency purposes.
(f) Production. Provide guidance and leadership to assigned
industries in the development of plans and programs to insure the
continuity of production in the event of an attack, and cooperate with
the Department of Commerce in the identification and rating of essential
facilities.
(g) Stockpiles. Assist the Offices of Emergency Planning in
formulating and carrying out plans and programs for the stockpiling of
strategic and critical materials, and survival items.
(h) Salvage and rehabilitation. Develop plans for the salvage of
stocks and rehabilitation of producing facilities for assigned products
after attack.
(i) Economic stabilization. Cooperate with the Office of Emergency
Planning in the development of economic stabilization policies as they
might affect the power, fuels and assigned minerals supply, production,
and marketing programs, and the conservation of essential commodities in
an emergency, including rationing of power and fuel.
(j) Financial aid. Develop plans and procedures for financial and
credit assistance to producers, processors, and distributors who might
need such assistance in various mobilization conditions.
Sec. 4. Cooperation with Department of Defense. In consonance with
national civil defense plans, programs and operations of the Department
of Defense, under Executive Order No. 10952, the Secretary shall:
(a) Facilities protection. Provide industry protection guidance
material adapted to needs of industries concerned with assigned
products, and promote a national program to stimulate disaster
preparedness and control in order to minimize the effects of overt or
covert attack and maintain continuity of production and capacity to
serve essential users in an emergency. Guidance shall include but not
be limited to: organizing and training facility personnel, personnel
shelters, evacuation plans, records protection, continuity of
management, emergency repair, deconcentration or dispersal of
facilities, and mutual aid associations for emergency.
(b) Chemical, biological and radiological warfare. Provide for the
detection, identification, monitoring and reporting of chemical,
biological and radiological agents at selected facilities operated or
controlled by the Department of Interior.
(c) Damage assessment. Maintain a capability to assess the effects
of attack on assigned products, producing facilities, and departmental
installations both at national and field levels, and provide data to the
Department of Defense.
Sec. 5. Research. Within the framework of Federal research
objectives the secretary shall supervise or conduct research directly
concerned with carrying out emergency preparedness responsibilities,
designate representatives for necessary ad hoc or task force groups, and
provide advice and assistance to other agencies in planning for research
in areas involving the Department's interest.
Sec. 6. Functional Guidance. The Secretary, in carrying out the
functions assigned in this order, shall be guided by the following:
(a) Interagency cooperation. The Secretary shall assume the
initiative in developing joint plans for the coordination of emergency
fuel, energy, and assigned mineral programs of those departments and
agencies which have the responsibility for any segment of such
activities. He shall utilize to the maximum those capabilities of other
agencies qualified to perform or assist in the performance of assigned
functions by contractual or other agreements.
(b) Presidential coordination. The Director of the Office of
Emergency Planning shall advise and assist the President in determining
policy for, and assist him in coordinating the performance of functions
under this order with the total national preparedness program.
(c) Emergency planning. Emergency plans and programs, and emergency
organization structure required thereby, shall be developed as an
integral part of the continuing activities of the Department of the
Interior on the basis that it will have the responsibility for carrying
out such programs during an emergency. The Secretary shall be prepared
to implement all appropriate plans developed under this order.
Modifications, and temporary organizational changes, based on emergency
conditions, will be in accordance with policy determination by the
President.
Sec. 7. Emergency Actions. Nothing in this order shall be construed
as conferring authority under Title III of the Federal Civil Defense Act
of 1950, as amended, or otherwise, to put into effect any emergency
plan, procedure, policy, program, or course of action prepared or
developed pursuant to this order. Such authority is reserved to the
President.
Sec. 8. Redelegation. The Secretary is hereby authorized to
redelegate within the Department of the Interior the functions
hereinabove assigned to him.
Sec. 9. Prior Actions. To the extent of any inconsistency between
the provisions of any prior order and the provisions of this order, the
latter shall control. Emergency Preparedness Order No. 7 (heretofore
issued by the Director, Office of Civil and Defense Mobilization) (26
F.R. 659-660), is hereby revoked.
THE WHITE HOUSE,
February 16, 1962.
JOHN F. KENNEDY
/18/ 1958 U.S.Code Cong.& Adm.News, p. 5595.
/19/ 42 U.S.C.A. 2011 et seq.
Executive Order No. 10996, 27 F.R. 1521, February 20, 1962
By virtue of the authority vested in me by the act of June 15, 1956,
as amended, 75 Stat. 496 (5 U.S.C. 84d), /15/ and by section 301 of
title 3 of the United States Code, /16/ and as President of the United
States, it is ordered as follows:
Section 1. As used in this order, the term:
(a) "Employees" means civilian employees of the Army National Guard
or Air National Guard of a State who are employed pursuant to section
709 or title 32 of the United States Code, and paid from Federal,
appropriated funds.
(b) "State" means one of the United States, the Commonwealth of
Puerto Rico, and any territory of the United States.
Sec. 2. Each agreement between the Secretary of Defense and the
Governor or other proper official of a State, pursuant to the provisions
of the act of June 15, 1956, as amended, with respect to withholding of
compensation of certain civilian employees of the Army National Guard
and the Air National Guard for purposes of State or State-sponsored
employee retirement, disability, or death benefits systems, sha into by
the Secretary of Defense within one hundred twenty days of the- -
receipt of a request therefor by the Secretary from the Governor or any
other proper official of any State: Provided, that--
(a) the law of such State provides for the payment of employee
contributions to such State or State-sponsored employee retirement,
disability, or death benefits systems by withholding sums from the
compensation of such State employees and making returns of such sums to
officials of such State or organization designated by such officials to
receive sums withheld for such programs;
(b) civilian employees of the Army National Guard and the Air
National Guard, other than those employed by the National Guard Bureau,
are eligible for membership in a State retirement, disability, or death
benefits system; and
(c) each such agreement is consistent with the provisions of the said
act of June 15, 1956, as amended, and of rules and regulations issued
thereunder, and contains a clause that it shall be subject to any
amendments of the said act, including amendments occurring after the
effective date of such agreement.
Sec. 3. Each such agreement shall:
(a) Provide that the Secretary of the Army with respect to civilian
employees of the Army National Guard, and the Secretary of the Air Force
with respect to civilian employees of the Air National Guard, shall
comply with the requirements of such State law in the case of employees
subject to the said act of June 15, 1956, as amended, who are eligible
for membership in such retirement, disability, or death benefits system
for State employees;
(b) Specify when the withholding of sums from the compensation of
such State employees shall commence; and
(c) Provide for procedures for withholding, the filing of the
returns, and the payment of the sums withheld from compensation to the
officials of the State, or organization designated by such officials to
receive sums withheld for such programs, which procedures shall conform,
so far as practicable, to the usual fiscal practices of the Department
of the Army and the Department of the Air Force, respectively.
Sec. 4. The Secretary of the Army with respect to civilian employees
of the Army National Guard, and the Secretary of the Air Force with
respect to civilian employees of the Air National Guard, shall
designate, or provide for the designation of, the officers or employees
whose duty it shall be to withhold sums from compensation, file required
returns, and direct the payment of sums so withheld, in accordance with
the terms of the agreements entered into between the Secretary of
Defense and the States.
Sec. 5. Nothing in this order, or in rules or regulations issued
thereunder, or in any agreement entered into pursuant thereto, shall be
construed as giving consent to the application of any provision of law
of any State which has the effect of imposing more burdensome
requirements upon the United States than it imposes upon departments,
agencies, or political subdivisions of the State concerned, with respect
to employees thereof who are members of the State or State-sponsored
retirement, disability, or death benefits system, or which has the
effect of subjecting the United States or any of its officers or
employees to any penalty or liability.
Sec. 6. I hereby delegate to the Secretary of Defense authority to
prescribe such rules and regulations, not inconsistent herewith, as may
be necessary to effectuate further the provisions of the said act of
June 15, 1956, as amended, or of this order.
Sec. 7. Except to the extent that they may be inconsistent with this
order, all determinations, authorizations, regulations, rulings,
certificates, order, directives, contracts, agreements, and other
actions made, issued, or entered into with respect to any function
affected by this order and not revoked, superseded, or otherwise made
inapplicable before the date of this order, shall continue in full force
and effect until amended, modified, or terminated by appropriate
authority.
Sec. 8. This order supersedes Executive Order No. 10679 of September
20, 1956. /17/
THE WHITE HOUSE, February 16, 1962.
JOHN F. KENNEDY
/15/ 5 U.S.C.A. 84d.
/16/ 3 U.S.C.A. 301.
/17/ 5 U.S.C.A 84d note.
Executive Order No. 10995, 27 F.R. 1519, February 20, 1962,
TELECOMMUNICATIONS MANAGEMENT
WHEREAS telecommunications is vital to the security and welfare of
this Nation and to the conduct of its foreign affairs;
WHEREAS it is imperative that the United States maintain an efficient
and well-planned national and international telecommunications program
capable of stimulating and incorporating rapid technological advances
being made in the field of telecommunications;
WHEREAS the radio spectrum is a critical natural resource which
requires effective, efficient and prudent administration in the national
interest;
WHEREAS it is essential that responsibility be clearly assigned
within the executive branch of the Government for promoting and
encouraging effective and efficient administration and development of
United States national an international telecommunications and for
effecting the prudent use of the radio frequency spectrum by the
executive branch of the Government;
WHEREAS there is an immediate and urgent need for integrated short
and long-range planning with respect to national and international
telecommunication, programs, for continuing supervision over the use of
the radio frequency spectrum by the executive branch of the Government
and for the development of national policies in the field of
telecommunications;
NOW, THEREFORE, as President of the United States and
Commander-in-Chief of the armed forces of the Unites States, and by
virtue of the authority vested in me by sections 305 and 606 of the
Communications Act of 1934, as amended (47 U.S.C. 305 and 606), /9/ and
by section 301 of Title 3 of the United States Code, /10/ it is hereby
ordered as follows:
Section 1. There is hereby established the position of Director of
Telecommunications Management, which position shall be held by one of
the Assistant Directors of the Office of Emergency Planning provided fr
under Reorganization Plan No. 1 of 1958, as amended (72 Stat. 1799).
Sec. 2. Subject to the authority and control of the President, the
Director of Telecommunications Management shall:
(a) Coordinate telecommunications activities of the executive branch
of the Government and be responsible for the formulation, after
consultation with appropriate agencies, of overall policies and
standards therefor. He shall promote and encourage the adoption of
uniform policies and standards by agencies authorized to operate
telecommunications systems. Agencies shall consult with the Director of
Telecommunications Management in the development of policies and
standards for the conduct of their telecommunications activities within
the overall policies of the executive branch.
(b) Develop data with regard to United States Government frequency
requirements.
(c) Encourage such research and development activities as he shall
deem necessary and desirable for the attainment of the objectives set
forth in section 6 below.
(d) Contract for studies and reports related to any aspect of his
responsibilities.
Sec. 3. The authority to assign radio frequencies to Government
agencies, vested in the President by section 305 of the Communications
Act of 1934, as amended (47 U.S.C. 305), /1/ including all functions
heretofore vested in the Interdepartment Radio Advisory Committee, is
hereby delegated to the Director of the Office of Emergency Planning,
who may redelegate such authority to the Director of Telecommunications
Management. Such authority shall include the power to amend, modify, or
revoke frequency assignments.
Sec. 4. The functions and responsibilities vested in the Director of
the Office of Emergency Planning by Executive Order No. 10705 of April
17, 1957, as amended, /12/ may be redelegated to the Director of
Telecommunications Management. Executive Orders No. 10695A of January
16, 1957, /13/ and No. 10705, as amended, are hereby further amended
insofar as they are inconsistent with the present order. Executive
Order No. 10460 of June 16, 1953, /14/ is hereby revoked.
Sec. 5. The Director of Telecommunications Management shall
establish such interagency advisory committees and working groups
composed of representatives of interested agencies and consult with such
departments and agencies as may be necessary for the most effective
performance of his functions. To the extent that he deems it necessary
or advisable to continue the Interdepartment Radio Advisory Committee,
it shall serve in an advisory capacity to the Director of
Telecommunications Management.
Sec. 6. In carrying out functions under this order, the Director of
Telecommunications Management shall consider the following objectives:
(a) Full and efficient employment of telecommunications resources in
carrying out national policies;
(b) Development of telecommunications plans, policies, and programs
under which full advantage of technological development will accrue to
the Nation and the users of telecommunications; and which will
satisfactorily y serve the national security; sustain and contribute to
the full development of world trade and commerce; strengthen the
position and serve the best interests of the United States in
negotiations with foreign nations; and permit maximum use of resources
through better frequency management;
(c) Utilization of the radio spectrum by the Federal Government in a
manner which permits and encourages the most beneficial use thereof in
the public interest;
(d) Implementation of the national policy of development and
effective use of the space satellites for international
telecommunications services.
Sec. 7. Nothing contained in this order shall be deemed to impair
any existing authority or jurisdiction of the Federal Communications
Commission.
Sec. 8. The Director of Telecommunications Management and the
Federal Communications Commission shall assist and give policy advice to
the Department of State in the discharge of its functions in the field
of international telecommunications policies, positions and
negotiations.
Sec. 9. The Director of Telecommunications Management shall isse
such rules and regulations as may be necessary to carry out the duties
and responsibilities vested in him by this order or delegated to him
under this order.
Sec. 10. All executive departments and agencies of the Federal
Government are authorized and directed to cooperate with the Director of
Telecommunications Management and to furnish him such information,
support and assistance, not inconsistent with the law, as he may require
in the performance of his duties.
THE WHITE HOUSE,
February 16, 1962.
JOHN F. KENNEDY
/9/ 47 U.S.C.A. 305 and 606.
/10/ 3 U.S.C.A. 301.
/11/ 47 U.S.C.A. 305.
/12/ 47 U.S.C.A. 606 note.
/13/ 35 U.S.C.A. 266 note.
/14/ 47 U.S.C.A. 151, 305 notes.
Executive Order No. 10994, 27 F.R. 1447, February 16, 1962,
EMPLOYMENT OF HANDICAPPED
By virtue of the authority vested in me as President of the United
States, and in order to provide for the carrying out of the provisions
of the Joint Resolution approved July 11, 1949, ch. 302, 63 Stat. 409,
as amended, and the provisions of section 8 of the Vocational
Rehabilitation Act, as amended (29 U.S.C. 38), /8/ it is ordered as
follows:
Section 1. Establishment and composition of the President's
Committee. (a) There is hereby established the President's Committee on
Employment of the Handicapped (hereinafter referred to as the Committee
or as the President's Committee).
(b) The Committee shall be composed of a Chairman and not more than
three Vice Chairmen, who shall be appointed by and serve at the pleasure
of the President, and of so many other members as may be appointed
thereto from time to time by the Chairman of the President's Committee
upon the advice of the Executive Committee (hereinafter provided for)
from among persons (including representatives of organizations) who can
contribute to the achievement of the objectives of the Committee.
Members appointed by the Chairman shall be appointed for a term of three
years and may be reappointed. The Chairman of the President's Committee
with the approval of the Executive Committee, may at any time terminate
the service of any member of the President's Committee, except any
member appointed by the President.
(c) The Chairman of the President's Committee, upon the advice of the
Executive Committee, may designate as, or invite to be, associate
members of the President's Committee (1) any heads of Federal
departments and agencies which have responsibility for rehabilitation
services or promotional activities touching the field of interest of the
Committee or which are leading utilizers of handicapped personnel, (2)
Governors of States and possessions, and (3) representatives of such
heads or Governors.
(d) Representatives of industry, labor, and public and private
agencies may be invited to attend meetings of the Committee.
Sec. 2. Functions of the Committee. The President's Committee shall
facilitate the development of maximum employment opportunities for the
physically and mentally handicapped. To this end the Committee shall
supply information to employers, conduct a program of public education,
and enlist the aid and cooperation of Federal officials, State
officials, Governors' Committees, local committees, professional trade
groups, and organized labor. In carrying out the functions vested in it
by section 8 of the Vocational Rehabilitation Act, as amended, the
Committee shall work closely with the Department of Labor, Department of
Health, Education, and Welfare, the Veterans' Administration, State
employment-security agencies, and State vocational-rehabilitation
agencies.
Sec. 3. Executive Committee. (a) There is hereby established the
Executive Committee of the President's Committee on Employment of the
Handicapped. The Executive Committee shall be composed of the Chairman
of the President's Committee, who shall also be the Chairman of the
Executive Committee, the Vice Chairmen of the President's Committee, and
so many additional members as will provide an Executive Committee of not
less than fifteen and not more than fifty members. The said additional
members shall be appointed annually by the Chairman of the President's
Committee, from among the members of the President's Committee or
otherwise. The Chairman of the President's Committee may at any time
terminate the service of any member of the Executive Committee.
(b) The Executive Committee shall advise and assist the Chairman of
the President's Committee in the conduct of the business of the
President's Committee and, as authorized by the President's Committee or
the Chairman thereof (with due regard for the responsibilities of other
Federal agencies), shall study the problems of the handicapped in
obvious professional, technical, and other pertinent fields to assist in
the exploration of those problems, and review and develop plans and
projects for promoting the employment of the handicapped.
Sec. 4. Advisory Council. There is hereby established the Advisory
Council on Employment of the Handicapped, which shall advise the
President's Committee with respect to the responsibilities of the
Committee. The Council shall be composed of the Chairman of the
President's Committee, who shall also be the Chairman of the Council,
and of the following-named officers, or their respective alternates:
the Secretary of Agriculture, the Secretary of Commerce, the Secretary
of Labor, the Secretary of Health, Education, and Welfare, the
Administrator of Veterans' Affairs, and the Chairman of the United
States Civil Service Commission.
Sec. 5. Administrative and incidental matters. (a) The President's
Committee, the Executive Committee, and the Advisory Council shall each
meet on the call of the Chairman of the President's Committee at a time
and place designated by him. In the case of the President's Committee
and the Executive Committee, the Chairman shall call at least one
meeting and two meetings, respectively, to be held during each calendar
year.
(b) In the absence of designation by the President, the Chairman of
the President's Committee may from time to time designate a Vice
Chairman of the President's Committee to be one or more of the
following-named in the absence of the Chairman: Acting Chairman of the
President's Committee Acting Chairman of the Executive Committee, and
Acting Chairman of the Advisory Council. The Chairman of the
President's Committee shall from time to time assign other duties to the
Vice Chairman thereof.
(c) The Chairman of the President's Committee shall on behalf of the
President direct the Committee and its functions.
(d) The Chairman may from time to time prescribe such necessary
rules, procedures, and policies relating to the President's Committee,
the Executive Committee, and the Advisory Council, and their affairs, as
are not inconsistent with law or with the provisions of this order.
(e) All members (including the Chairman and Vice Chairmen) of the
President's Committee, the Executive Committee, and the Advisory Council
shall serve without compensation. The Chairman and the Vice Chairmen of
the President's Committee may receive transportation and per diem
allowances as authorized by law for persons serving without
compensation.
(f) Employees of the Committee shall be appointed, subject to law,
and shall be directed, by the Chairman of the Committee. To such extent
as may be mutually arranged by the Chairman of the Committee and the
Secretary of Labor, employees of the Committee shall be subject to the
administrative rules, regulations, and procedures of the Department of
Labor.
(g) The Department of Labor is requested to make available to the
President's Committee necessary office space and to furnish the
Committee, under such arrangements respecting financing as may be
appropriate, necessary equipment, supplies, and services. The estimates
of appropriations for the operations of the Committee shall be included
within the framework of the appropriation structure of the Department of
Labor, in such manner as the Director of the Bureau of the Budget may
prescribe. The Chairman of the Committee, in cooperation with the
Budget Office of the Department of Labor, shall be responsible for the
preparation and justification of the estimates of appropriations for the
Committee.
Sec. 6. Prior orders; transition. (a) To the extent that this
order is inconsistent with any provision of any prior order, or with any
provision of any regulation or other measure or disposition, heretofore
issued, made, or taken by the President or by any other officer of the
executive branch ? the Government, this order shall control. Executive
Order No. 10640 of October 10, 1955, is hereby superseded.
(b) Without further action by the President or the Chairman of the
Committee, all members, employees, records, property, funds, and pending
business of the President's Committee on Employment of the Physically
Handicapped provided for in Executive Order No. 10640 of October 10,
1955 shall on the date of this order become members, employees, records,
property funds, and pending business of the Committee established by
this order.
(c) The tenure of persons as members of the Committee in pursuance of
the provisions of section 6(b) of this order (i), in the case of persons
appointed to the predecessor Committee by the President, shall be at the
pleasure of the President, and (ii), in the case of other members, shall
e for periods equal to their respective unexpired terms under Executive
Order No. 10640 but shall also be subject to the provisions of the last
sentence of section 1(b) of this order.
THE WHITE HOUSE,
February 14, 1962.
JOHN F. KENNEDY
/8/ 29 U.S.C.A. 38.
Executive Order No. 10993, 27 F.R. 1312, February 13, 1962
By virtue of the authority vested in me by Section 24 of the Act of
March 3, 1891 (26 Stat. 1103; 16 U.S.C. 471), /4/ the Act of June 4,
1897 (30 Stat. 34, 36; 16 U.S.C. 473), /5/ Section 11 of the Act of
March 1, 1911 (36 Stat. 963; 16 U.S.C. 521), /6/ and Section 32(c),
Title III, of the Bankhead-Jones Farm Tenant Act (50 Stat. 526; 7
U.S.C. 1011(c)), /7/ and as President of the United States, and upon the
recommendation of the Secretary of Agriculture, it is ordered as
follows:
1. All those lands within the State of Michigan that were proclaimed
as the Marquette National Forest by Proclamation of February 12, 1931
(46 Stat. 3050), as amended, are hereby transferred to and made a part
of the Hiawatha National Forest as proclaimed by Proclamation of January
16, 1931 (46 Stat. 3043), as amended, and the Marquette National Forest
is hereby abolished.
2. That part of Proclamation Number 3379 of November 8, 1960 (25
F.R. 10863) which describes land in Sec. 25, T. 32 N., R. 49 W., Sixth
Principal Meridian, included within the Nebraska Forest, is amended by
substituting "E1/2SW1/4" for "W 1/2SW1/4".
3. That part of Executive Order Number 10844 of October 9, 1959 (24
F.R. 8289) which describes lands in Sec. 7, T. 9 S., R. 4 W., Salt Lake
Meridian, included in the Wasatch National Forest, Utah, is amended by
inserting a comma in the description "E1/2SW1/4SE1/4" so as to make that
par of that description read "E1/2SW1/4,SE1/4".
4. That part of Section 3 of Executive Order Number 10890 of October
27, 1960 (25 F.R. 10331) which describes lands in T. 34 S., R. 2 W.,
Salt Lake Meridian, is amended so as to correct the description with
respect to Section 21 by substituting "W1/2S/e1/4" for "E1/2SE1/4", and
is supplemented by including in the descriptions with respect to Section
15 "SW1/4 NE1/4," and with respect to Section 22 the following:
Those parts of the lands shown on Plat B of the Winder Townsite,
Garfield County, Utah, described as follows: (TABLE OMITTED)
Lot 3, Block 17-- that part described as beginning at the northwest
corner of Lot 3, Block 17, Plat B, Winder Townsite Survey and running
thence south 10 rods, thence east 9 rods, thence north 10 rods, thence
west 9 rods to place of beginning.
THE WHITE HOUSE,
February 9, 1962.
JOHN F. KENNEDY
/4/ 16 U.S.C.A. 471.
/5/ 16 U.S.C.A. 473.
/6/ 16 U.S.C.A. 521.
/7/ 7 U.S.C.A. 1011(c).
Executive Order No. 10992, 27 F.R. 1311, February 13, 1962
By virtue of the authority vested in me by Section 24 of the Act of
March 3, 1891 (26 Stat. 1103, 16 U.S.C. 471), /1/ the Act of June 4,
1897 (30 Stat. 34, 36; 16 U.S.C. 473), /2/ and Section 11 of the Act of
March 1, 1911 (36 Stat 963; 16 U.S.C. 521), /3/ and as President of the
United States, and upon the recommendation of the Secretary of
Agriculture, it is hereby ordered as follows:
The exterior boundaries of the Caribbean National Forest in Puerto
Rico, established as the Luquillo Forest Reserve by Proclamation Number
41 of January 17, 1903 (32 Stat. 2029), and renamed the Caribbean
National Forest by Executive Order Number 7059-A of June 4, 1935, are
hereby relocated and redefined as follows:
Beginning at the point where the parallel of 18 degrees 21' north
latitude intersects the meridian of 65 degrees 45' west longitude;
thence east to latitude 18 degrees 21', longitude 65 degrees 44';
thence south to latitude 18 degrees 20', longitude 65 degrees 44';
thence east to latitude 18 degrees 20', longitude 65 degrees 42';
thence south to latitude 18 degrees 17', longitude 65 degrees 42';
thence west to latitude 18 degrees 17', longitude 65 degrees 43';
thence south to latitude 18 degrees 15', longitude 65 degrees 43';
thence west to latitude 18 degrees 15', longitude 65 degrees 45';
thence south to latitude 18 degrees 14', longitude 65 degrees 45';
thence west to latitude 18 degrees 14', longitude 65 degrees 50';
thence north to latitude 18 degrees 15', longitude 65 degrees 50';
thence west to latitude 18 degrees 15', longitude 65 degrees 55';
thence north to latitude 18 degrees 17', longitude 65 degrees 55';
thence east to latitude 18 degrees 17', longitude 65 degrees 53';
thence north to latitude 18 degrees 20', longitude 65 degrees 53';
thence east to latitude 18 degrees 20', longitude 65 degrees 51';
thence north to latitude 18 degrees 21', longitude 65 degrees 51';
thence east to latitude 18 degrees 21', longitude 65 degrees 45', the
point of beginning.
All lands of the United States within those exterior boundaries are
hereby reserved as parts of the Caribbean National Forest.
THE WHITE HOUSE,
February 9, 1962.
JOHN F. KENNEDY
/1/ 16 U.S.C.A. 471.
/2/ 16 U.S.C.A. 473.
/3/ 16 U.S.C.A. 521.
Executive Order No. 10991, 27 F.R. 1207, February 9, 1962,
CONTROVERSY BETWEEN CERTAIN CARRIERS
By virtue of the authority vested in me as President of the United
States, it is ordered that Executive Order No. 10929 /6/ of March 24,
1961 (which order provides for a commission to consider a controversy
between, and involving certain proposals of, the carriers represented by
the New York Harbor Conference Carriers' Committee and certain of their
employees represented by various organizations named in the order, all
such organizations being members of the Railroad Marine Harbor Council,
AFL-CIO), be, and it is hereby, amended by substituting for the second
sentence of section 1 thereof the following: "The commission shall
consist of nine members designated by the President as follows: three
members from among persons nominated by the carriers, three members from
among persons nominated by the employees, and the chairman of the
commission and two other members without nominations."
THE WHITE HOUSE,
February 6, 1962.
JOHN F. KENNEDY
/6/ 1961 U.S.Code Cong. & Adm.News, p. 1283.
Executive Order No. 10990, 27 F.R. 1065, February 6, 1962, FEDERAL
SAFETY COUNCIL
WHEREAS section 33(c) of the Federal Employees' Compensation Act, as
amended (5 U.S.C. 784), /3/ declared it to be the purpose of the
Congress to reduce the number of accidents and injuries among Government
officers and employees, encourage safe practices, eliminate work hazards
and health risks and reduce compensable injuries; and
WHEREAS section 35 of that Act, as amended (5 U.S.C. 785), /4/
further disclosed the interest of the Congress in the promotion of
safety in Federal agencies and establishments; and
WHEREAS the Federal Employees' Compensation Act, as amended and as
modified by Reorganization Plan No. 19 of 1950 (hereinafter referred to
as the Act), directs the heads of Government departments and agencies to
develop, support, and foster organized safety promotion, and to keep
such records of injuries and accidents to persons covered by the Act,
and to make such statistical and other reports upon such forms as the
Secretary of Labor may prescribe; and
WHEREAS the preponderance of accidents involving employees in the
Federal service occur in field operations, the heads of executive
departments and agencies, and through them, their supervisory staffs,
including regional and field staffs, must exert leadership in the
establishment of a sound accident prevention program at both the
national and regional level; and
WHEREAS representatives of Federal employees should share a simi ar
concern for the establishment of such programs; and whereas the
President is authorized by the Act to establish by Executive
WHEREAS the President is authorized by the Act to establish by
Executive order a safety council composed of representatives of
Government departments and agencies to serve as an advisory body to the
Secretary of Labor in furtherance of the safety program carried out by
the Secretary pursuant to section 33 of the Act and to undertake such
other measures as he deems proper to prevent injuries and accidents to
persons covered by the Act:
NOW, THEREFORE, by virtue of the authority vested in me by section
33(c) of the Act and as President of the United States, it is hereby
ordered as follows:
Section 1. Establishment of Council. There is hereby established in
the Department of Labor the Federal Safety Council, hereinafter referred
to as the Council. The Council shall be composed of a Chairman, to be
designated by the Secretary of Labor, and one qualified representative
of each of the several executive departments and agencies and of the
municipal government of the District of Columbia (hereinafter referred
to as members). The heads of the departments and agencies and the Board
of Commissioners of the District of Columbia shall designate the members
representing them, respectively, and may also designate suitable
alternate members. The Secretary of Labor may, as he deems appropriate,
appoint representatives of national or international unions, having
Federal employees as members, to serve as consultants to the various
committees established by the Council. The Chairman, members, alternate
members, and consultants shall serve, as such, without compensation from
the United States.
Sec. 2. Purpose and functions of Council. The Council shall serve
in an advisory capacity to the Secretary of Labor in matters relating to
the safety of civilian employees of the Federal government and the
municipal government of the District of Columbia and the furtherance of
the safety program carried out by the Secretary pursuant to section 33
of the Act. It shall advise the Secretary of Labor with respect to the
development and maintenance of adequate and effective safety
organizations and programs in the several departments and agencies of
the Federal government and the municipal government of the District of
Columbia and with respect to criteria, standards, and procedures
designed to eliminate work hazards and health risks and to prevent
injuries and accidents in Federal employment.
Sec. 3. Council affiliates, committees, and officers. The Council
shall include as an integral part of its organizational structure and
operations such affiliates, hereafter established by the Council or now
existing, in such manner and to such extent as it deems necessary
properly and efficiently to perform its functions. The Council shall
establish such committees, and may choose such officers (other than its
chairman), as it finds necessary for carrying out its functions.
Sec. 4. Regulations. The Secretary of Labor shall prescribe
appropriate regulations governing the activities and functions of the
Council.
Sec. 5. Administrative and budgetary arrangements. The Secretary of
Labor shall make available necessary office space and furnish the
Council necessary equipment, supplies, and staff services.
Sec. 6. Continuity. The Federal Safety Council established by this
order shall be deemed to constitute a continuation of the Federal Safety
Council heretofore existing under the provisions of Executive Order No.
10194 of December 19, 1950.
Sec. 7. Revocation. Executive Order No. 10194 of December 19, 1950,
/5/ is hereby superseded.
THE WHITE HOUSE,
February 2, 1962.
JOHN F. KENNEDY
/3/ 5 U.S.C.A. 784.
/4/ 5 U.S.C.A. 785.
/5/ 5 U.S.C.A. 784 note.
Executive Order No. 10989, 27 F.R. 727, January 25, 1962
By virtue of the authority vested in me by section 206 of the Career
Compensation Act of 1949, as amended (37 U.S.C. 237), /1/ and as
President of the United States and Commander in Chief of the armed
forces of the United States, it is ordered that Executive Order No.
10168 of October 11, 1950, as amended, /2/ be further amended as
follows:
1. Section 2(a) is amended by adding the following new clauses at
the end thereof:
"(5) While assigned to an artificial island (such as a Texas Tower)
located on the outer Continental Shelf outside the territorial waters of
the United States pursuant to orders issued by competent authority,
including periods not in excess of fifteen consecutive days each while
on duty ashore or temporarily based ashore.
"(6) While on an artificial island (such as a Texas Tower) located on
the outer Continental Shelf outside the territorial waters of the United
States pursuant to orders issued by competent authority although based
or stationed ashore, but on when such duty is eight consecutive days or
more in duration in each case."
2. Section 3 is amended by striking out the words "and (3)" and
inserting the words ", (3), (5), and (6)" in place thereof.
The amendments made by this order shall be effective as of the first
day of the first month after the month in which this order is issued.
THE WHITE HOUSE,
January 22, 1962.
JOHN F. KENNEDY
/1/ 37 U.S.C.A. 237.
/2/ 37 U.S.C.A. 237.
Executive Order No. 10988, 27 F.R. 551, January 19, 1962,
EMPLOYEE-MANAGEMENT COOPERATION
WHEREAS participation of employees in the formulation and
implementation of personnel policies affecting them contributes to
effective conduct of public business; and
WHEREAS the efficient administration of the Government and the
well-being of employee require that orderly and constructive
relationships be maintained between employee organizations and
management officials; and
WHEREAS subject to law and the paramount requirements of the public
service; employee-management relations within the Federal service
should be improved by providing employees an opportunity for greater
participation in the formulation and implementation of policies and
procedures affecting the conditions of their employment; and
WHEREAS effective employee-management cooperation in the public
service requires a clear statement of the respective rights and
obligations of employee organizations and agency management:
NOW, THEREFORE, by virtue of the authority vested in me by the
Constitution of the United States, by section 1753 of the Revised
Statutes (5 U.S.C. 631), /28/ and as President of the United States, I
hereby direct that the following policies shall govern officers and
agencies of the executive branch of the Government in all dealings with
Federal employees and organizations representing such employees.
Section 1.(a) Employees of the Federal Government shall have, and
shall be protected in the exercise of, the right, freely and without
fear of penalty or reprisal, to form, join and assist any employee
organization or to refrain from any such activity. Except as
hereinafter expressly provided, the freedom of such employees to assist
any employee organization shall be recognized as extending to
participation in the management of the organization and acting for the
organization in the capacity of an organization representative,
including presentation of its views to officials of the executive
branch, the Congress or other appropriate authority. The head of each
executive department and agency (hereinafter referred to as "agency")
shall take such action, consistent with law, as may be required in order
to assure that employees in the agency are apprised of the rights
described in this section, and that no interference, restraint, coercion
or discrimination is practiced within such agency to encourage or
discourage membership in any employee organization.
(b) The rights described in this section do not extend to
participation in the management of an employee organization, or acting
as a representative of any such organization, where such participation
or activity would result in a conflict of interest or otherwise be
incompatible with law or with the official duties of an employee.
Sec. 2. When used in this order, the term "employee organization"
means any lawful association, labor organization, federation, council,
or brotherhood having as a primary purpose the improvement of working
conditions among Federal employees, or any craft, trade or industrial
union whose membership includes both Federal employees and employees of
private organizations; but such term shall not include any organization
(1) which asserts the right to strike against the Government of the
United States or any agency thereof, or to assist or participate in any
such strike, or which imposes a duty or obligation to conduct, assist or
participate in any such strike, or (2) which advocates the overthrow of
the constitutional form of Government in the United States, or (3) which
discriminates with regard to the terms or conditions of membership
because of race, color, creed or national origin.
Sec. 3.(a) Agencies shall accord informal, formal or exclusive
recognition to employee organizations which request such recognition in
conformity with w the requirements specified in sections 4, 5 and 6 of
this order, except that no recognition shall be accorded to any employee
organization which the head of the agency considers to be so subject to
corrupt influences or influences opposed to basic democratic principles
that recognition would be inconsistent with the objectives of this
order.
(b) Recognition of an employee organization shall continue so long as
such organization satisfies the criteria of this order applicable to
such recognition; but nothing in this section shall require any agency
to determine whether an organization should become or continue to be
recognized as exclusive representative of the employees in any unit
within 12 months after a prior determination of exclusive status with
respect to such unit has been made pursuant to the provisions of this
order.
(c) Recognition, in whatever form accorded, shall not--
(1) preclude any employee, regardless of employee organization
membership, from bringing matters of personal concern to the attention
of appropriate officials in accordance with applicable law, rule,
regulation, or established agency policy, or from choosing his own
representative in a grievance or appellate action; or
(2) preclude or restrict consultations and dealings between an agency
and any veterans organization with respect to matters of particular
interest to employees with veterans preference; or
(3) preclude an agency from consulting or dealing with any religious,
social, fraternal or other lawful association, not qualified as an
employee organization, with respect to matters or policies which involve
individual members of the association or are of particular applicability
to it or its members, when such consultations or dealings are duly
limited so as not to assume the character of formal consultation on
matters of general employee-management policy or to extend to areas
where recognition of the interests of one employee group may result in
discrimination against or injury to the interest of other employees.
Sec. 4.(a) An agency shall accord an employee organization, which
does not qualify for exclusive or formal recognition, informal
recognition as representative of its member employees without regard to
whether any other employee organization has been accorded formal or
exclusive recognition as representative of some or all employees in any
unit.
(b) When an employee organization has been informally recognized, it
shall, to the extent consistent with the efficient and orderly conduct
of the public business, be permitted to present to appropriate officials
its views on matters of concern to its members. The ;agency need not,
however, consult with an employee organization so recognized in the
formulation of personnel or other policies with respect to such matters.
Sec. 5.(a) An agency shall accord an employee organization formal
recognition as the representation of its members in a unit as defined by
the agency when (1) no other employee organization is qualified for
exclusive recognition as representative of employees in the unit, (2) it
is determined by the agency that the employee organization has a
substantial and stable membership of no less than 10 per centum of the
employees in the unit, and (3) the employee organization has submitted
to the agency a roster of its officers and representatives, a copy of
its constitution and by-laws, and a statement of objectives. When, in
the opinion of the head of an agency, an employee organization has a
sufficient number of local organizations or a sufficient total
membership within such agency, such organization may be accorded formal
recognition at the national level, but such recognition shall not
preclude the agency from dealing at the national level with any other
employee organization on matters affecting its members.
(b) When an employee organization has been formally recognized, the
agency, through appropriate officials, shall consult with such
organization from time to time in the formulation and implementation of
personnel policies and practices, and matters affecting working
conditions that are of concern to its members. Any such organization
shall be entitled from time to time to raise such matters for discussion
with appropriate officials and at all times to present its views thereon
in writing. In no case, however, shall an agency be required to consult
with an employee organization which has been formally recognized with
respect to any matter which, if the employee organization were one
entitled to exclusive recognition, would not be included within the
obligation to meet and confer, as described in section 6(b) of this
order.
Sec.6.(a) An agency shall recognize an employee organization as the
exclusive representative of the employees, in an appropriate unit when
such organization is eligible for formal recognition pursuant to section
5 of this order, and has been designated or selected by a majority of
the employees of such unit as the representative of such employees in
such unit. Units may be established on any plant or installation,
craft, functional or other basis which will ensure a clear and
identifiable community of interest among the employees concerned, but
not unit shall be established solely on the basis of the extent to which
employee in the proposed unit have organized. Except where otherwise
required by established practice, prior agreement, or special
circumstances, no unit shall be established for purposes of exclusive
recognition which includes (1) any managerial executive, (2) any
employee engaged in Federal personnel work in other than a purely
clerical capacity, (3) both supervisors who officially evaluate the
performance of employees and the employees whom they supervise, or (4)
both professional employees and nonprofessional employees unless a
majority of such professional employees vote for inclusion in such unit.
(b) When an employee organization has been recognized as the
exclusive representative of employees of an appropriate unit it shall be
entitled to act for and to negotiate agreements covering all employees
in the unit and shall be responsible for representing the interests of
all such employees without discrimination and without regard to employee
organization membership. Such employee organization shall be given the
opportunity to be represented at discussions between management and
employees or employee representatives concerning grievances, personnel
policies and practices, or other matters affecting general working
conditions of employees in the unit. The agency and such employee
organization, through appropriate officials and representatives, shall
meet at reasonable times and confer with respect to personnel policy and
practices and matters affecting working conditions, so far as may be
appropriate subject to law and policy requirements. This extends to the
negotiation of an agreement, or any question arising thereunder, the
determination of appropriate techniques, consistent with the terms and
purposes of this order, to assist in such negotiation, and the execution
of a written memorandum of parties. In exercising authority to make
rules and regulations relating to personnel policies and practices and
working conditions, so far as may be appropriate subject to law and
policy requirements. This extends to the negotiation of an agreement,
or any question arising thereunder, the determination of appropriate
techniques, consistent with the terms and purposes of this order, to
assist in such negotiation, and the execution of a written memorandum of
agreement or understanding incorporating any agreement reached by the
parties. In exercising authority to make rules and regulations relating
to personnel policies and practices and working conditions, agencies
shall have due regard for the obligation imposed by this section, but
such obligation shall not be construed to extend to such areas of
discretion and policy as the mission of an agency, its budget, its
organization and the assignment of its personnel, or the technology of
performing its work.
Sec. 7. Any basic or initial agreement entered into with an employee
organization as the exclusive representative of employees in a unit must
be approved by the head of the agency or an official designated by him.
All agreements with such employee organizations shall also be subject to
the following requirements, which shall be expressly stated in the
initial or basic agreement and shall be applicable to all supplemental,
implementing, subsidiary or informal agreements between the agency and
the organization.
(1) In the administration of all matters covered by the agreement
officials and employees are governed by the provisions of any existing
or future laws and regulations, including policies set forth in the
Federal Personnel Manual and agency regulations, which may be
applicable, and the agreement shall at all times be applied subject to
such laws, regulations and policies;
(2) Management officials of the agency retain the right, in
accordance with applicable laws and regulations, (a) to direct employees
of the agency, (b) to hire, promote, transfer, assign, and retain
employees in positions within the agency, and to suspend, demote,
discharge, or take other disciplinary action against employees, (c) to
relieve employees from duties because of lace of work or for other
legitimate reasons, (d) to maintain the efficiency of the Government
operations entrusted to them, (e) to determine the methods, means and
personnel by which such operations are to be conducted; and (f) to take
whatever actions may be necessary to carry out the mission of the agency
in situations of emergency.
Sec. 8.(a) Agreements entered into or negotiated in accordance with
this order with an employee organization which is the exclusive
representative of employees in an appropriate unit may contain
provisions, applicable only to employees in the unit, concerning
procedures for consideration of grievances. Such procedures (1) shall
conform to standards issued by the Civil Service Commission, and (2) may
not in any manner diminish or impair any rights which would otherwise be
available to any employee in the absence of an agreement providing for
such procedures.
(b) Procedures established by an agreement which are otherwise in
conformity with this section may include provisions for the arbitration
of grievances. Such arbitration (1) shall be advisory in nature with
any decision or recommendations subject to the approval of the agency
head; (2) shall extend only to the interpretation or application of
agreements or agency policy; and (3) shall be invoked only with the
approval of the individual employee or employees concerned.
Sec. 9. Solicitation of memberships, dues, or other internal
employee organization business shall be conducted during the non-duty
hours the employees concerned. Officially requested or approved
consultations and meetings between management officials and
representatives of recognized employee organizations shall, whenever
practicable, be conducted on official time, but any agency may require
that negotiations with an employee organization which has been accorded
exclusive recognition be conducted during the non-duty hours of the
employee organization representatives involved in such negotiations.
Sec. 10. No later than July 1, 1962, the head of each agency shall
issue appropriate policies, rules and regulations for the implementation
of this order, including: A clear statement of the rights of its
employees under this order; policies and procedures with respect to
recognition of employee organizations; procedures for determining
appropriate employee units; policies and practices regarding
consultation with representatives of employee organizations, other
organizations and individual employees; and policies with respect to
the use of agency facilities by employee organizations. Insofar as may
be practicable and appropriate, agencies shall consult with
representatives of employee organizations in the formulation of these
policies, rules and regulations.
Sec. 11. Each agency shall be responsible for determining in
accordance with this order whether a unit is appropriate for purposes of
exclusive recognition and, by an election or other appropriate means,
whether an employee organization represents a majority of the employees
in such a unit so as to be entitled to such recognition. Upon the
request of any agency, or of any employee organization which is seeking
exclusive recognition and which qualifies for or has been accorded
formal recognition, the Secretary of labor, subject to such necessary
rules as he may prescribe, shall nominate from the National Panel of
Arbitrators maintained by the Federal Mediation and Conciliation Service
one or more qualified arbitrators who will be available for employment
by the agency concerned for either or both of the following purposes, as
may be required: (1) to investigate the facts and issue and advisory
decision as to the appropriateness of a unit for purposes of exclusive
recognition and as to related issues submitted for consideration; (2)
to conduct or supervise an election or otherwise determine by such means
as may be appropriate, and on an advisory basis, whether an employee
organization represents the majority of the employees in a unit.
Consonant with law, the Secretary of Labor shall render such assistance
as may be appropriate in connection with advisory decision or
determinations under this section, but the necessary costs of such
assistance shall be paid by the agency to which it relates. In the
event questions as to the appropriateness of a unit or the majority
status of an employee organization shall arise in the Department of
Labor, the duties described in this section which would otherwise be the
responsibility of the Secretary of Labor shall be performed by the Civil
Service Commission.
Sec. 12. The Civil Service Commission shall establish and maintain a
program to assist in carrying out the objectives of this order. The
Commission shall develop a program for the guidance of agencies in
employee-management relations in the Federal service; provide technical
advice to the agencies on employee-management programs; assist in the
development of programs for training agency personnel in the principles
and procedures of consultation, negotiation and the settlement of
disputes in the Federal service, and for the training of management
officials in the discharge of their employee-management relations
responsibilities in the public interest; provide for continuous study
and review of the Federal employee-management relations program and,
from time to time, make recommendations to the President for its
improvement.
Sec. 13.(a) The Civil Service Commission and the Department of Labor
shall jointly prepare (1) proposed standards of conduct for employee
organizations and (2) a proposed code of fair labor practices in
employee-management relations in the Federal service appropriate to
assist in securing the uniform and effective implementation of the
policies, rights and responsibilities described in this order.
(b) There is hereby established the President's Temporary Committee
on the Implementation of the Federal Employee-Management Relations
Program. The Committee shall consist of the Secretary of Labor, who
shall be chairman of the Committee, the Secretary of Defense, the
Postmaster General, and the Chairman of the Civil Service Commission.
In addition to such other matters relating to the implementation of this
order as may be referred to it by the President, the Committee shall
advise the President with respect to any problems arising out of
completion of agreements pursuant to sections 6 and 7, and shall receive
the proposed standards of conduct for employee organizations and
proposed code of fair labor practices in the Federal service, as
described in this section, and report thereon to the President with such
recommendations or amendments as it may deem appropriate. Consonant
with law, the departments and agencies represented on the Committee
shall, as may be necessary for the effectuation of this section, furnish
assistance to the Committee in accordance with section 214 of the Act of
May 3, 1945, 59 Stat. 134 (31 U.S.C. 691). /29/ Unless otherwise
directed by the President, the Committee shall cease to exist 30 days
after the date on which it submits its report to the President pursuant
to this section.
Sec. 14. The head of each agency, in accordance with the provisions
of this order and regulations prescribed by the Civil Service
Commission, shall extend to all employees in the competitive civil
service rights identical in adverse action cases to those provided
preference eligibles under section 14 of the Veteran's Preference Act of
1944, as amended.
Each employee in the competitive service shall have the right to appeal
to the Civil Service Commission from an adverse decision of the
administrative officer so acting, such appeal to be processed in an
identical manner to that provided for appeals under section 14 of the
Veterans' Preference Act. Any recommendation by the Civil Service
Commission submitted to the head of an agency on the basis of an appeal
by an employee in the competitive service shall be complied with by the
head of the agency. This section shall become effective as to all
adverse actions commenced by issuance of a notification of proposed
action on or after July 1, 1962.
Sec. 15. Nothing in this order shall be construed to annul or
modify, or to preclude the renewal or continuation of, any lawful
agreement heretofore entered into between any agency and any
representative of its employees. Nor shall this order preclude any
agency from continuing to consult or deal with any representative of its
employees or other organization prior to the time that the status and
representation rights of such representative or organization are
determined in conformity with this order.
Sec. 16. This order (except section 14) shall not apply to the
Federal Bureau of Investigation, the Central Intelligence Agency, or any
other agency, or to any office, bureau or entity within an agency,
primarily performing intelligence, investigative, or security functions
if the head of the agency determines that the provisions of this order
cannot be applied in a manner consistent with national security
requirements and considerations. When he deems it necessary in the
national interest, and subject to such conditions as he may prescribe,
the head of any agency may suspend any provision of this order (except
section 14) with respect to any agency installation or activity which is
located outside of the United States.
Approved-- January 17th, 1962.
THE WHITE HOUSE,
January 17, 1962.
JOHN F. KENNEDY
/28/ 5 U.S.C.A. 631.
/29/ 31 U.S.C.A. 691.
Executive Order No. 10987, 27 F.R. 550, January 19, 1962, APPEALS
FROM ADVERSE ACTIONS
WHEREAS the public interest requires the maintenance of high
standards of employee performance and integrity in the public service,
prompt administrative action where such standards are not met, and
safeguards to protect employees against arbitrary or unjust adverse
actions; and
WHEREAS the prompt reconsideration of protested administrative
decisions to take adverse actions against employees will promote the
efficiency of the service, assist in maintaining a high level of
employee morale, further the objective of improving employee-management
relations, and insure timely correction of improper adverse actions;
NOW, THEREFORE, by virtue of the authority vested in me by the
Constitution of the United States, by Section 1753 of the Revised
Statutes (5 U.S.C. 631), /26/ by the Civil Service Act of 1883 (22 Stat.
403; 5 U.S.C. 632, et seq.), /27/ and as President of the United
States, it is hereby ordered as follows:
Section 1. The head of each department and agency, in accord with
the provisions of this order and regulations issued thereunder by the
Civil Service Commission, and to the extent specified in such
regulations, shall establish within the department or agency a system
for the reconsideration of administrative decisions to take adverse
action against employees. Information on the system shall be brought to
the attention of all employees.
Within the principles established by this order and subject to the broad
guidelines contained in the regulations, each department and agency is
authorized to develop such agency appeals procedures as may be
appropriate to its own organizational requirements.
Sec. 2.(a) The Civil Service Commission shall, not later than April
1, 1962, issue regulations to put this order into effect and shall make
a continuing review of the manner in which this order is being
implemented by the departments and agencies.
(b) Nothing in this order shall be deemed to enlarge or restrict the
authority of the Civil Service Commission to adjudicated appeals
submitted in accordance with Chapter 1 of Title 5 of the Code of Federal
Regulations.
Sec. 3. The Civil Service Commission in issuing regulations and the
departments and agencies in developing an appeals system shall be guided
by the following principles:
(1) The appeals system shall be a simple, orderly method through
which an employee or former employee may seek timely administrative
reconsideration of a decision to take adverse action against him.
(2) Employees and representatives of employee organizations shall
have an opportunity to express their views as to the formulation and
operation of the appeals procedures.
(3) An appeal shall be in writing and indicate clearly the corrective
action sought and the reasons therefor.
(4) The system shall provide ordinarily for one level of appeal,
except that it may include further administrative review when the
delegations of authority or organizational arrangements of the agency so
require.
(5) An employee who has not previously had an opportunity for a
hearing in connection with the agency decision to take adverse action
shall, on his request, be granted one hearing, except when the holding
of a hearing is impracticable by reason of unusual location or other
extraordinary circumstance.
(6) The employee shall be assured freedom from restraint,
interference, coercion, discrimination, or reprisal in presenting his
appeal.
(7) The employee shall have the right to be accompanied, represented,
and advised by a representative of his own choosing in presenting his
appeal.
(8) The employee shall be assured of a reasonable amount of official
time to present his appeal.
(9) An appeal shall be resolved expeditiously. To this end, both the
employee and the department or agency shall proceed with an appeal
without undue delay.
Sec. 4. The head of each department and agency is authorized to
include provision for advisory arbitration, where appropriate, in the
agency appeals system.
Sec. 5.(a) This order shall not apply to the Central Intelligence
Agency, the National Security Agency, the Federal Bureau of
Investigation, the Atomic Energy Commission, and the Tennessee Valley
Authority.
(b) The Civil Service Commission, on the recommendation of the heads
of the agencies concerned, may exclude classes of employees the nature
of whose work makes the application of the provisions of this order
inappropriate.
Sec. 6. This order shall become effective as to all adverse actions
commenced by issuance of a notification of proposed action on or after
July 1, 1962.
THE WHITE HOUSE,
January 17, 1962.
JOHN F. KENNEDY
/26/ 5 U.S.C.A. 631.
/27/ 5 U.S.C.A. 632 et seq.
Executive Order No. 10986, 27 F.R. 439, January 16, 1962
By virtue of the authority vested in me as President of the United
States, it is hereby ordered that Executive Order No. 10898 of December
2, 1960, entitled "Establishing the Interdepartmental Highway Safety
Board," /25/ be, and it is hereby, amended by substituting for
subsection (b) of section 1 thereof the following:
(b) The Board shall have as members the following:
(1) The Secretary of Commerce, who shall be the Chairman of the
Board.
(2) The Secretary of Defense.
(3) The Postmaster General.
(4) The Secretary of Labor.
(5) The Secretary of Health, Education, and Welfare.
(6) The Chairman of the Interstate Commerce Commission.
(7) The Administrator of General Services.
THE WHITE HOUSE,
January 12, 1962.
JOHN F. KENNEDY
/25/ 23 U.S.C.A. 313 note.
Executive Order No. 10985, 27 F.R. 439, January 16, 1962
By virtue of the authority vested in me by the Constitution and
statutes of the United States, and as President of the United States,
and deeming such action necessary in the best interest of the national
security, it is ordered that section 2 of Executive Order No. 10501 of
November 5, 1953, as amended by Executive Order No. 10901 of January 9,
1961, /24/ be, and it is hereby, further amended as follows:
SECTION 1. Subsection (a) of section 2 is amended (1) by deleting
from the list of departments and agencies thereunder the Operations
Coordinating Board, the Office of Civil and Defense Mobilization, the
International Cooperation Administration, the Council on Foreign
Economic Policy, the Development Loan Fund, and the President's Board of
Consultants on Foreign Intelligence Activities, and (2) by adding
thereto the following-named agencies:
Agency for International Development
Office of Emergency Planning
Peace Corps
President's Foreign Intelligence Advisory Board
United States Arms Control and Disarmament Agency
Sec. 2. Subsection (b) of section 2 is amended by deleting from the
list of departments and agencies thereunder the Government Patents
Board, and by adding thereto the following-named agency:
Federal Maritime Commission
Sec. 3. The agencies which have been added by this order to the
lists of departments and agencies under subsections (a) and (b) of
section 2 of Executive Order No. 10501, as amended, shall be deemed to
have had authority for classification of information or material from
the respective dates on which such agencies were established.
THE WHITE HOUSE,
January 12, 1962.
JOHN F. KENNEDY
/24/ 50 U.S.C.A. 401 note.
Executive Order No. 10984, 27 F.R. 193, January 9, 1962, SELECTIVE
SERVICE REGULATIONS
By virtue of the authority vested in me by the Universal Military
Training and Service Act (62 Stat. 604), as amended, I hereby prescribe
the following amendments of the Selective Service Regulations prescribed
by Executives Orders No. 9988 of August 20, 1948, /9/ No. 10001 of
September 17, 1948, /10/ No. 10008 of October 18, 1948, /11/ No. 10116
of March 9, 1950, /12/ No. 20202 of January 12, 1951, /13/ No. 10292 of
September 25, 1951, /14/ No. 10328 of February 20, 1952, /15/ No. 10363
of June 17, 1952, /16/ No. 10562 of September 20, 1954, /17/ No. 10594
of January 31, 1955, /18/ No. 10650 of January 6, 1956, /19/ No. 10659
of February 15, 1956, /20/ No. 10714 of June 13, 1957, /21/ No. 10735 of
October 17, 1957, /22/ and No. 10809 of March 19, 1959, /23/ and
constituting portions of Chapter XVI of Title 32 of the Code of Federal
Regulations:
1. Section 1617.10 of Part 1617, Registration Certificate, is
amended to read as follows:
"Section 1617.10. Duty of registrant separated from active
duty in Armed Forces.
"Every registrant who is separated from active duty in the Armed
Forces and who does not have a Registration Certificate (SSS Form No. 2)
shall, within 10 days after the date of his separation, request his
local board to issue to him a duplicate Registration Certificate (SSS
Form No. 2). The registrant shall make this request by a letter mailed
to his local board or on a Request for Duplicate Registration
Certificate or Notice of Classification (SSS Form No. 6) which he shall
file with his own or any other local board."
2. (a) Section 1622.2 of Part 1622, Classification Rules and
Principles, is amended (1) by inserting immediately following Class I-W
in the list of classes appearing therein "Class I-Y: Registrant
qualified for military service only in time of war or national
emergency.", and (2) by deleting from the list of classes "Class IV-F:
Physically, mentally, or morally unfit." and inserting in lieu thereof
"Class IV-F: Registrant not qualified for any military service."
(b) Paragraph (b) of section 1622.12 of Part 1622 is amended to read
as follows:
"(b) Every registrant who is a cadet, United States Military Academy;
or a midshipman, United States Navy; or a cadet, United States Air
Force Academy; or a cadet, United States Coast Guard Academy."
(c) Paragraphs (a), (b), (c), and (f) of section 1622.13 of Part 1622
are revoked and paragraphs (d), (e), (g), (h), (i), (j), (k), and (l) of
section 1622.13 are redesignated as paragraphs (a), (b), (c), (d), (e),
(f), (g), and (h), respectively.
(d) The following new section is added to Part 1622 immediately
following section 1622.16:
"Section 1622.17 Class I-Y: Registrant qualified for military
service only in time of war or national emergency.
"In Class I-Y shall be placed any registrant who would have been
classified in Class I-A or Class I-A-O as being currently available for
service in the Armed Forces but for the fact that he had been found to
be physically, mentally, and morally qualified for such service only in
time of war or national emergency declared by the Congress."
(e) Section 1622.25 of Part 1622 amended to read as follows:
Section 1622.25 Class II-S: Registrant deferred because of
activity in study.
"(a) In Class II-S shall be placed any registrant whose activity in
study is found to be necessary to the maintenance of the national
health, safety, or interest.
"(b) The Director of Selective Service, after consultation with such
departments and other agencies of the executive branch of the Government
as may be appropriate, may promulgate criteria, which shall be advisory
only, concerning the placing of registrants in Class II-S."
(f)(1) Subparagraphs (1) and (4) of paragraph (a) of section 1622.40
of Part 1622 are revoked and subparagraphs (2), (3), (5), (6), (7), (8),
(9), (10), and (11) of paragraph (a) are redesignated as subparagraphs
(1), (2), (3), (4), (5), (6), (7), (8), and (9), respectively.
(2) Paragraph (b) of section 1622.40 is amended to read as follows:
"(b) For the purpose of computation of period of active duty referred
to in subparagraphs (1), (2), or (3), of paragraph (a) of this section,
no credit shall be allowed for--
(1) Periods of active duty training performed as a member of a
reserve component pursuant to an order or call to active duty solely for
training purposes;
(2) Periods of active duty in which the service consisted solely of
training under the Army specialized training program, the Army Air Force
college training program, or any similar program under the jurisdiction
of the Navy, Marine Corps, or Coast Guard;
(3) Periods of active duty as a cadet at the United States Military
Academy, United States Air Force Academy, or United States Coast Guard
Academy, or as a midshipman at the United States Naval Academy, or in a
preparatory school after nomination as a principal, alternate, or
candidate for admission to any of such academies;
(4) Periods of active duty in any of the Armed Forces while being
processed for entry into or separation from any educational program or
institution referred to in subparagraphs (2) or (3) of this paragraph;
or
(5) Periods of active duty performed by medical, dental, or allied
specialists in student programs prior to receipt of the appropriate
professional degree or in intern training."
(g) Section 1622.44 of Part 1622 is amended to read as follows:
"Section 1622.44. Class IV-F: Registrant not qualified for
any military service.
"(a) In Class IV-F shall be placed any registrant (1) who is found to
be physically, mentally, or morally not qualified for any service in the
Armed Forces; or (2) who would have been classified in Class I-O under
the provisions of section 1622.14 but for the fact that he is found to
be physically, mentally, and morally qualified for service in the Armed
Forces only in time of war or national emergency declared by the
Congress.
"(b) In Class IV-F shall be placed any registrant in the medical,
dental, and allied specialist categories who has applied for an
appointment as a Reserve officer in one of the Armed Forces in any of
such categories and has been rejected for such appointment on the sole
ground of a physical disqualification."
3. (a) Section 1623.2 of Part 1623, Classification Procedure, is
amended to read as follows:
"Section 1623.2 Consideration of classes.
"Every registrant shall be placed on Class I-A under the provisions
of section 1622.10 of this chapter except that when grounds are
established to place a registrant in one or more of the classes listed
in the following table, the registrant shall be classified in the lowest
class for which he is determined to be eligible, with Class -i-a-o
considered the highest class and Class -i-c considered the lowest class
according to the following table:
Class: I-A-O
I-O
I-S
I-Y
II-A
II-C
II-S
I-D
III-A
IV-B
IV-C
IV-D
IV-F
IV-A
V-A
I-W
I-C"
(b) Section 1623.7 of Part 1623 is amended to read as follows:
"Section 1623.7 Issuing a duplicate of a lost, destroyed,
mislaid, or stolen Notice of Classification (SSS Form No. 110).
"A duplicate Notice of Classification (SSS Form No. 110) may be
issued to a registrant only by the local board which mailed the original
Notice of Classification (SSS Form No. 110) to him upon his written
request therefor made by letter or on a Request for Duplicate
Registration Certificate or Notice of Classification (SSS Form No. 6)
and the presentation of proff satisfactory to the local board that his
Notice of Classification (SSS Form No. 110) has been lost, destroyed,
mislaid, or stolen. When the request for the duplicate notice is made
by a letter which does not present sufficient information concerning the
basis for the request, the local board shall mail to the registrant a
copy of Request for Duplicate Registration Certificate or notice of
Classification (SSS Form No. 6) and direct him to complete thereon and
return to the local board the request for the duplicate notice.
Whenever the local board issues a duplicate Notice of Classification
(SSS Form No. 110), it shall mark it 'Duplicate' and note the issuance
of such notice upon the request, which shall be filed in the
registrant's Cover Sheet (SSS Form No. 101)."
4.(a) Paragraph (a) of section 1626.24 of Part 1626, Appeal to Appeal
Board, is amended to read as follows:
"(a) The appeal board shall consider appeals in the order in which
they are received unless otherwise directed by the Director of Selective
Service, in which event, they shall be considered in such order as the
Director of Selective Service shall prescribe."
(b) Paragraph (a) of section 1626.26 of Part 1626 is amended to read
as follows:
"(a) The appeal board shall classify the registrant, giving
consideration to the various classes in the same manner in which the
local board gives consideration thereto when it classified a registrant,
except that an appeal board may not place a registrant in Class IV-F
because of his physical or mental condition unless he has been found by
the local board or the Armed Forces to be physically or mentally not
qualified for any service in the Armed Forces."
(c) Section 1626.51 of Part 1626 is revoked and the center heading
"SPECIAL APPEAL" preceding that section is deleted.
5.(a) Paragraphs (a) and (b) of section 1628.11 of Part 1628,
Physical Examination, are amended to read as follows:
"(a) In accordance with instructions of the Director of Selective
Service, the State Director of Selective Service shall periodically
issue to each local board in his State a Physical Examination Call on
Local Board (SSS Form No. 202) specifying the number of registrants to
be delivered for armed forces physical examination and the time and
place fixed for their delivery.
"(b) In complying with such Physical Examination Call on Local Board
(SSS Form No. 202), the local board shall mail an Order to Report for
Armed Forces Physical Examination (SSS Form No. 223) to registrants who
have been classified in Class I-A, Class I-A-O, and Class I-0 without
regard to whether the registrants have requested or will request a
personal appearance before the local board and without regard to whether
an appeal has been or will be taken. The local board shall, so far as
is practicable, select and order to report for armed forces physical
examination first such registrants who are volunteers in the sequence in
which they have volunteered for induction or for civilian work
contributing to the maintenance of the national health, safety, or
interest and then such registrants who are nonvolunteers in the order of
their liability for service."
(b) Subparagraph (3) of paragraph (a) of section 1628.13 of Part 1628
is amended to read as follows:
"(3) Assemble and attach to the registrant's Record of Induction (DD
Form No. 47) any information in the possession of the local board which
should be considered in determining whether the registrant is qualified
for service in the Armed Forces."
(c) Paragraphs (f) and (h) of section 1628.13 of Part 1628 is amended
to read as follows:
"(f) The local board to which such registrant is transferred for
armed forces physical examination, when it receives the papers from the
registrant's own local board as provided in paragraph (e) of this
section, shall prepare a new Order to Report for Armed Forces Physical
Examination (SSS Form No. 223), in duplicate, mail the original to the
registrant, file the copy, and add the name of the registrant to its
Physical examination List (SSS Form No. 225) indicating in the 'Remarks'
column thereof that the registrant has been transferred from another
local board."
"(h) The State Director of Selective Service for the State in which
the local board of origin is located shall, upon receipt of the
completed original Transfer for Armed Forces Physical Examination or
Induction (SSS Form No. 230), record on his copy of that form the
disposition of the transferred registrant and forward the original of
the form together with all other papers received from the local board of
transfer to the local board of origin, except that he shall retain one
copy of the Record of Induction (DD Form No. 47) and one copy of the
Report of Medical Examination (Standard Form 88) whenever the registrant
has been found not qualified for service in the Armed Forces."
(d) Paragraph (c) of section 1628.16 of Part 1628 is amended to read
as follows:
"(c) Upon reporting for armed forces physical examination, it shall
be the duty of the registrant (1) to follow the instructions of a member
or clerk of the local board as to the manner in which he will be
transported to the location where his armed forces physical examinations
will take place, (2) to obey the instructions of the leader or assistant
leaders appointed for the group being forwarded for armed forces
physical examination, (3) to appear for and submit to such examination
as the commanding officer of the examining station shall direct, and (4)
to follow the instructions of a member or clerk of the local board as to
the manner in which he will be transported on his return trip from the
place where his armed forces physical examination takes place."
(e) Paragraphs (e) and (f) of section 1628.17 of Part 1628 are
amended to read as follows:
"(e) When it is necessary, travel tickets or transportation requests,
and meal and lodging requests for the group, both for the trip to the
examining station and for the return trip, shall be issued. The leader
shall be instructed to deliver the sealed packet containing the original
and two copies of the Physical Examination List (SSS Form No. 225), the
originals and three copies of the Record of Induction (DD Form No. 47),
and other information requests or any unused meal and lodging requests
to the local board.
"(f) The local board shall instruct all registrants in the group that
it is their duty to obey the instructions of the leader and assistant
leaders during the time they are going to and returning from the
examining station, that they will be met by proper representatives of
the Armed Forces, that while they are at the examining station, they
will be subject to and must obey the orders of the representatives of
the Armed Forces, that they must present themselves for and submit to
such examination as the commanding officer of the examining station
shall direct, and that they will be returned to the local board when the
examination is completed."
(f) Section 1628.25 of Part 1628 is amended to read as follows:
"Section 1628.25 Disposition of records.
"(a) The commanding officer of the examining station will forward to
the local board the following documents concerning registrants forwarded
for armed forces physical examination:
(1) For all registrants whether found qualified or not qualified for
service in the Armed Forces, the original Physical Examination List (SSS
Form No. 225) indicating in the 'Disposition' column the disposition of
each registrant forwarded for armed forces physical examination, and two
copies of the Statement of Acceptability (DD Form No. 62).
(2) For each registrant found qualified for service in the Armed
Forces, the original and three copies of the Record of Induction (DD
Form No. 47), the original and three copies of the Report of Medical
Examination (Stand Form 88), and X-ray films, and two copies of the
Report of Medical History (Stand Form 89).
(3) For each registrant found not qualified for service in the Armed
Forces, the original and one copy of the Record of Induction (DD Form
No. 47), the original and one copy of the Report of Medical Examination
(Standard Form 88), and one copy of the Report of Medical History
(Standard Form 89).
(4) All other records forwarded by the local board.
"(b) The commanding officer of the examining station will retain one
copy of the Physical Examination List (SSS Form No. 225) and send one
copy of that form to the State Director of Selective Service.
"(c) For each registrant found not qualified for service in the Armed
Forces, the commanding officer of the examining station will retain two
copies of the Record of Induction (DD Form No. 47), two copies of the
Report of Medical Examination (Standard Form 88), and one copy of the
Report of Medical History (Standard Form 89).
"(d) Except as otherwise provided in sections 1628.14 and 1628.15,
the local board, upon receipt of the documents, described in paragraph
(a) of this section, shall take the following action:
(1) File the original Physical Examination List (SSS Form No. 225).
(2) Mail the registrant's copy of the State of Acceptability (DD Form
No. 62) together with any attachments thereto to the registrant, record
the date of mailing on the registrant's Classification Questionnaire
(SSS Form No. 100), and file the local board's copy of the Statement of
Acceptability (DD Form No. 62) in the registrant's Cover Sheet (SSS Form
No. 101).
(3) For each registrant found qualified for service in the Armed
Forces, file the original and three copies of the Record of Induction
(DD Form No. 47), the original and three copies of the Report of Medical
Examination (Standard Form 88), any X-ray films, and two copies of the
Report of Medical History (Standard Form 89) in the registrant's Cover
Sheet (SSS Form No. 101). These forms and X-ray films shall be retained
in the registrant's Cover Sheet (SSS Form No. 101) until such time as he
may be forwarded for induction.
(4) For each registrant found not qualified for service in the Armed
Forces, file the original of the Record of Induction (DD Form No. 47),
the original of the report of Medical History ( standard Form 88), and
tye copy of the Report of Medical History (Standard Form 89) in the
registrant's Cover Sheet (SSS Form No. 101) and forward to the State
Director of Selective Service the copy of the Record of Induction (DD
Form No. 47) and the copy of the Report of Medical Examination (Standard
Form 88)."
(g) Section 1628.26 of Part 1628 is revoked.
6.(a) Section 1630.1 of Part 1630, Volunteers, is amended to read as
follows:
"Section 1630.1 Who may volunteer.
"(a) Any registrant who has attained the age of 18 years and who has
not attained the age of 26 years may volunteer for induction into the
Armed Forces by completing and filing with his local board an
Application for Voluntary Induction (SSS Form No. 254) which shall be
completed and filed in duplicate if he has not attained the age of 18
years and 6 months.
"(b) Any person who has attained the age of 17 years and who has not
attained the age of 18 years may volunteer for induction into the Armed
Forces by completing and filing with his local board two copies of the
Application for Voluntary Induction (SSS Form No. 254) on both copies of
which the consent to his induction has been signed by his parents or
guardian."
(b) Paragraphs (a) and (b) of section 1630.3 of Part 1630 are amended
to read as follows:
"(a) If a person who is required to be registered but who has failed
to register volunteers for induction, he shall be registered and shall
be given a selective service number in the same manner as in the case of
a late registrant.
"(b) If a person not required to be registered volunteers for
induction, including a person who volunteers under the provisions of
paragraph (b) of section 1630.1, he shall be registered and shall be
given a selective service number in exactly the same manner as any other
registrant."
(c) Paragraph (d) of section 1630.4 of Part 1630 is amended to read
as follows:
"(d) He is found to be physically, mentally or morally not qualified
for service in the Armed Forces."
7.(a) Paragraphs (b), (c), and (d) of section 1631.2 of Part 1631,
Quotas and Calls, are amended to read as follows:
"(b) The Armed Forces will furnish to each State Director of
Selective Service a Notification of Entry into Active Military Service
(DD Form No. 53) for each person, whether a registrant or not, who is a
resident of that State and who enters upon active duty in the Armed
Forces other than by induction through a local board.
"(c) When a person on active duty in the Armed Forces is transferred
to an inactive duty status or is discharged, the appropriate State
Director of Selective Service will receive from the Armed Forces a
report of transfer or discharge for each such person.
"(d) Each State Director of Selective Service shall report
periodically to the Director of Selective Service on State Monthly
Report of Deliveries, Inductions, and Examinations (SSS Form No. 262)
the number of Notifications of Entry into Active Military Service (DD
Form No. 53) and the number of reports of transfer or discharge properly
forwarded to him for crediting and debiting purposes in his State.
Each State Director of Selective Service shall also compute and allocate
the debits and credits for each local board in his State."
(b) Paragraph (a) of section 1631.7 of Part 1631 is amended by
substituting "State of Acceptability (DD Form No. 62)" for "certificate
of Acceptability (DD Form No. 62)" wherever the latter appears in such
paragraph.
(c) Paragraph (a) of section 1631.8 of Part 1631 is amended to read
as follows:
"(a) Notwithstanding any other provision of the regulations in this
chapter, any registrant enlisted in the Ready Reserve of any reserve
component of the Armed Forces pursuant to authority conferred by section
6(c)(2) of the Universal Military Training and Service Act, as amended,
or any registrant enlisted or appointed in the Ready Reserve of any
reserve component of the Armed Forces (other than under section 511(b)
of title 10, United States Code), the Army National Guard, or the Air
National Guard after October 4, 1961, but prior to his attaining the age
of 26, who fails to serve satisfactorily as a member of such Ready
Reserve or National Guard or the Ready Reserve of another reserve
component of which he becomes a member as certified by the respective
armed force, shall be ordered to report for induction by the local board
regardless of the class in which he is classified and without changing
his classification. Any registrant who is ordered to report for
induction under this paragraph shall be forwarded for induction at the
next time the local board is forwarding other registrants for induction
or at any prior time when special arrangements have been made with the
induction station, without any calls being made for the delivery of such
registrants. Whenever the local board desires to deliver such a
registrant specially, it shall request the State Director of Selective
Service to make the special arrangements for the time and place at which
the registrant may be delivered for induction."
8.(a) Paragraph (b) of section 1632.2 of Part 1632, Delivery and
Induction, is amended to read as follows:
"(b) The local board shall issue to each registrant whose induction
is postponed a Postponement of Induction (SSS Form No. 264), shall mail
a copy of such form to the State Director of Selective Service, and
shall file a copy in the registrant's Cover Sheet (SSS Form No. 101).
The local board shall note the date of the granting of the postponement
and the date of its expiration in the 'Remarks' column of the
Classification Record (SSS Form No. 102)."
(b) Subparagraph (2) of paragraph (a) of section 1632.5 of Part 1632
is amended to read as follows:
"(2) Assemble the original and three copies of each registrant's
Record of Induction (DD Form No. 47), the original and three copies of
the Report of Medical Examination (Standard Form 88), two copies of the
Report of Medical History (Standard Form 89), any X-ray films made at
the time of the armed forces physical examination, any waiver of
disqualification, any order terminating civil custody, all other
information concerning the qualification of the registrant for service
in the Armed Forces, and, if the registrant has volunteered for
induction and has not attained the age of 18 years and 6 months, one
copy of the Application for Voluntary Induction (SSS From No. 254)."
(c) Paragraphs (g), (i), and (j) of section 1632.9 of Part 1632 are
amended to read as follows:
"(g) When the local board to which the registrant has been
transferred for induction receives the papers from the registrant's own
local board, as provided in paragraph (f) of this section, it shall
proceed to deliver him for induction as soon as practicable after the
date fixed for him to report for induction in the Order to Report for
Induction (SSS Form No. 252) issued by his own local board.
Whenever possible, the local board of transfer shall deliver the
transferred registrant for induction with its next induction call, but
if there is to be no such call within 30 days after the local board of
transfer receives the papers from the registrant's own local board, it
shall deliver the transferred registrant specially. When the
transferred registrant is to be delivered specially, the local board of
transfer shall request its State Director of Selective Service to make
the necessary arrangements to deliver the transferred registrant
specially at the earliest possible date. The local board to which the
registrant has been transferred for induction shall prepare an Order for
Transferred Man to Report for Induction (SSS Form No. 253), in
duplicate, mail the original to the transferred registrant, and file the
copy. The local board to which the registrant has been transferred for
induction shall add the name of the registrant to its Delivery List (SSS
Form No. 261) indicating in the 'Remarks' column thereof that the
registrant has been transferred from another local board."
"(i) When the transferred registrant has been inducted or found not
qualified for induction or if he fails to report for or submit to
induction, the local board to which the registrant was transferred for
induction shall complete Part 4 on the original and one copy of Transfer
for Armed Forces Physical Examination or Induction (SSS Form No. 230),
forward the original together with all the papers pertaining to the
induction of the registrant to the State Director of Selective Service
for the State in which the local board of origin is located, retain the
completed copy, and destroy the copy it retained when the application
for transfer was approved.
"(j) The State Director of Selective Service for the State in which
the local board of origin is located shall, upon receipt of the
completed original Transfer for Armed Forces Physical Examination or
Induction (SSS Form No. 230), record on his copy of that form the
disposition of the transferred registrant and forward the original of
the form together with all other papers received from the local board of
transfer to the local board of origin, except that he shall retain one
copy of the Record of Eduction (DD Form No. 47) and one copy of the
Report of Medical Examination (Standard Form 88) whenever the registrant
has been found not qualified for service in the Armed Forces."
(d) Paragraph (c) of section 1632.10 of Part 1632 is amended to read
as follows:
"(c) When the local board to which the registrant has been
transferred for induction receives the papers from the registrant's own
local board, as provided in paragraph (b) of this section, it shall
proceed to deliver him for induction as soon as practicable. The local
board to which the registrant has been transferred for induction shall
prepare the Order to Report for Induction (SSS Form No. 252), in
duplicate, in the same manner as if the transferred registrant were one
of its own registrants, mail the original to the transferred registrant,
and file the copy. The local board to which the registrant has been
transferred for induction shall add the name of the registrant to its
Delivery List (SSS Form No. 261), shall make a notation of such transfer
in the 'Remarks' column of the Delivery List (SSS Form No. 261), and
shall take the other actions provided for in paragraphs (h) and (i) of
section 1632.0. The State Director of Selective Service for the State
in which the registrant's own local board is located shall take the
action provided for in paragraph (j) of section 1632.0."
(e) Paragraph (b) of section 1632.14 of Part 1632 is amended to read
as follows:
"(b) Upon reporting for induction, it shall be the duty of the
registrant (1) to follow the instructions of a member or clerk of the
local board as to the manner in which he shall be transported to the
location where his induction will be accomplished, (2) to obey the
instructions of the leader or assistant leaders appointed for the group
being forwarded for induction, (3) to appear at the place where his
induction will be accomplished, (4) to obey the orders of the
representatives of the Armed Forces while at the place where his
induction will be accomplished, (5) to submit to induction, and (6) if
he is found not qualified for induction, to follow the instructions of
the representatives of the Armed Forces as to the manner in which he
will be transported on his return trip to the local board."
(f) Paragraphs (a) and (e) of section 1632.15 of Part 1632 are
amended to read as follows:
"(a) The roll shall be called, using the previously prepared Delivery
List (SSS Form No. 261) and noting any absences thereon in the 'Remarks'
column. If any registrant fails to report for delivery, fails to report
at the place of induction, is transferred to another local board for
delivery, or is found not qualified for induction, the local board shall
not furnish a replacement for such registrant."
"(e) The local board shall inform all registrants in the group that
it is their duty to obey the instructions of the leader or assistant
leaders during the time they are going to the place of induction; that
they will be met by representatives of the Armed Forces at the place of
induction; that while they are at the place of induction they will be
subject to and must obey orders of the representatives of the Armed
Forces; that they must present themselves for and submit to induction;
and that, if they are found not qualified for induction, the
representatives of the Armed Forces will, to the extent prescribed by
the regulations of the Armed Forces, provided transportation and
subsistence for their return trip."
(g) Section 1632.16 of Part 1632 is amended to read as follows:
"Section 1632.16 Induction.
"At the induction station the selected men who have been forwarded
for induction and found qualified will be inducted into the Armed
Forces."
(h) Section 1632.20 of Part 1632 is amended to read as follows:
"Section 1632.20 Records returned to local board.
"(a) The commanding officer of the induction station will return to
the local board the following documents concerning registrants forwarded
for induction:
(1) The original Delivery List (SSS Form No. 261), indicating in
column 4 the disposition of each registration forwarded for induction.
(2) For each registrant inducted, a copy of the Record of Induction
(DD Form No. 47), a copy of the Report of Medical Examination (Standard
Form 88), and any previous records of induction and reports of medical
examination submitted.
(3) For each registrant found not qualified for service in the Armed
Forces, the original and one copy of the Record of Induction (DD Form
No. 47), the original and one copy of the Report of Medical Examination
(Standard Form 88), one copy of the Report of Medical History (Standard
Form 89), and any copy of the Application for Voluntary Induction (SSS
Form No. 254) submitted.
"(b) Except as otherwise provided in sections 1632.9 and 1632.10, the
local board, upon receipt of the documents described in paragraph (a) of
this section, shall take the following action:
(1) File the original Delivery List (SSS Form No. 261).
(2) For each registrant inducted, file the copy of the Record of
Induction (DD Form No. 47) and the copy of the Report of Medical
Examination (Standard Form 88) in the Cover Sheet (SSS Form No. 101).
(3) For each registrant found not qualified for service in the Armed
Forces, file the original Record of Induction (DD Form No. 47), the
original Report of Medical Examination (Standard Form 88), the copy of
the Report of Medical Examination (Standard Form 88), the copy of the
Report of Medical History (Standard Form 89), and any copy of the
Application for Voluntary Induction (SSS Form No. 254) in the Cover
Sheet (SSS Form No. 101) and forward to the State Director of Selective
Service the copy of the Record of Induction (DD Form No. 47) and the
copy of the Report of Medical Examination (Standard Form 88)."
(i) Paragraphs (a) and (b) of section 1632.21 of Part 1632 are
amended to read as follows:
"(a) For each registrant inducted, retain the original and two copies
of the Record of Induction (DD Form No. 47), the original and two copies
of the Report of Medical Examination (Standard Form 88) together with
any X-ray film, two copies of the Report of Medical History (Standard
Form 89), and any copy of the Application for Voluntary Induction (SSS
Form No. 254) submitted.
"(b) For each registrant found not qualified for service in the Armed
Forces, retain two copies of the Record of Induction (DD Form No. 47),
two copies of the Report of Medical Examination (Standard Form 88)
together with any X-ray film, and one copy of the Report of Medical
History (Standard Form 89)."
(j) Section 1632.30 of Part 1632 is amended to read as follows:
"Section 1632.30 Classification of registrants inducted or
finally found not qualified
"Upon receiving notice from the induction station that a selected man
who has been forwarded for induction has been inducted or finally found
not qualified for service in the Armed Forces, the local board shall
reopen his classification and classify him anew."
9. Section 1642.11 of Part 1642, Delinquents, is amended to read as
follows:
"Section 1642.11 Registration and classification of
unregistered delinquents.
"Whenever a person who is a delinquent because he has not registered
reports or is brought before a local board, he shall be registered in
the normal manner, except that if the local board with which he
registers determines that that because of his delay in registering he
should be declared to be a delinquent under the provisions of section
1642.4 and processed for induction as a delinquent, the local board may
enter in item 2 of the Registration Card (SSS Form No. 1) an address
within its jurisdiction. If the local board makes such determination
and retains jurisdiction of the registrant, it shall, as soon as
possible after his registration, declare the registrant to be a
delinquent and classify him as provided in section 1642.12."
10.(a) Section 1660.10 of Part 1660, Civilian Work in Lieu of
Induction, is amended to read as follows:
"Section 1660.10 Volunteering for civilian work.
"Any registrant who is between the ages of 18 and 26 and who has been
classified in Class I-O, or who claims eligibility for classification in
Class I-O, may volunteer at his local board for civilian work
contributing to the maintenance of the national health, safety, or
interest in lieu of induction. The local board shall promptly classify
any such volunteer who claims eligibility for Class I-O. Each such
volunteer who is in Class I-O and who has been found qualified for
service in the Armed Forces after his armed forces physical examination
shall be processed in the same manner as a volunteer for induction
except that, in lieu of induction, he shall be ordered by the local
board to perform civilian work contributing to the maintenance of the
national health, safety, or interest as defined in section 1660.1."
(b) Paragraph (a) of section 1660.20 of Part 1660 is amended to read
as follows:
"(a) When a registrant in Class I-O has been found qualified for
service in the Armed Forces after his armed forces physical examination
or when such a registrant has failed to report for or to submit to armed
forces physical examination, he shall, within ten days after a Statement
of Acceptability (DD Form No. 62) has been mailed to him by the local
board or within ten days after he has failed to report for or submit to
armed forces physical examination, submit to the local board three types
of civilian work contributing to the maintenance of the national health,
safety, or interest as defined in section 1660.1, which he is qualified
to do and which he offers to perform in lieu of induction into the Armed
Forces.
If the local board deems any one of these types of work to be
appropriate, it will order the registrant to perform such work, but such
order shall not be issued prior to the time that the registrant would
have been ordered to report for induction if he had not been classified
in Class I-O, unless he has volunteered for such work."
11. Paragraphs (a), (b), and (c) of section 1680.3 of Part 1680,
Selection of Certain Persons Who Have Critical Skills for Enlistment in
Units of the Ready Reserve of the Armed Forces, are amended to read as
follows:
"(a) Upon receipt of the request of the registrant for his selection
for enlistment in the Ready Reserve, the local board shall suspend any
further processing in his case pending consideration of his request,
except that if the registrant has not been found to be qualified for
service in the Armed Forces after an armed forces physical examination,
the local board shall forward him for such an examination.
"(b) If the registrant is found to be not qualified for service in
the Armed Forces after such an examination, the local board shall reopen
his classifications and classify him anew and shall advise the
registrant by letter that his request for selection for enlistment
cannot be approved because he is not qualified for service.
"(c) If the registrant has been or is found to be qualified for
service in the Armed Forces after an armed forces physical examination,
the local board shall refer the registrant's request to the appropriate
State Advisory Committee on Scientific, Engineering, and Specialized
Personnel established pursuant to the instructions of the Director of
Selective Service and to such other groups or agencies as may be
appropriate for consideration and recommendation."
THE WHITE HOUSE,
January 5, 1962.
JOHN F. KENNEDY
/9/ 1948 U.S.Code Cong.Serv., p. 2681.
/10/ 1948 U.S.Code Cong.Serv., p. 2773.
/11/ 1949 U.S.Code Cong.Serv., p. 2645.
/12/ 1950 U.S.Code Cong.Serv., p. 1590.
/13/ 1951 U.S.Code Cong. & Adm.Serv., p. 962.
/14/ 1951 U.S.Code Cong. & Adm.Serv., p. 1098.
/15/ 1952 U.S.Code Cong. & Adm.News, p. 1030.
/16/ 1952 U.S.Code Cong. & Adm.News, p. 1065.
/17/ 1954 U.S.Code Cong. & Adm.News, p. 1864.
/18/ 1955 U.S.Code Cong. & Adm.News, p. 1055.
/19/ 1956 U.S.Code Cong. & Adm.News, p. 4908.
/20/ 1956 U.S.Code Cong. & Adm.News, p. 4918.
/21/ 1957 U.S.Code Cong. & Adm.News, p. 908.
/22/ 1957 U.S.Code Cong. & Adm.News, p. 936.
/23/ 1959 U.S.Code Cong. & Adm.News, p. 1044.
Executive Order No. 10983, 27 F.R. 32, January 4, 1962, CARIBBEAN
ORGANIZATION
By virtue of the authority vested in me by section 1 of the
International Organizations Immunities Act, approved December 29, 1945
(59 Stat. 669; 22 U.S.C. 288), /7/ and by the joint resolution of June
30, 1961, 75 Stat. 194, /8/ I hereby designate the Caribbean
Organization as a public international organization entitled to enjoy
the privileges, exemptions, and immunities conferred by the said
International Organizations Immunities Act.
The designation of the above-named organization as a public
international organization within the meaning of the said Act is not
intended to abridge in any respect privileges, exemptions, and
immunities to which such international organization may otherwise be or
become entitled.
This order revokes Executive Order No. 10025 of December 30, 1948, to
the extent that such order relates to the Caribbean Commission.
THE WHITE HOUSE,
December 30, 1961.
JOHN F. KENNEDY
/7/ 22 U.S.C.A. 288.
/8/ 22 U.S.C.A. 280h note.
Executive Order No. 10982, 27 F.R. 3, January 3, 1962
By virtue of the authority vested in me by the act of September 26,
1961 (75 Stat. 662), /5/ and by section 301 of title 3 of the United
States Code, /6/ and as President of the United States, it is ordered as
follows:
Section 1. As used in this order:
(a) The term "the act" means the act of September 26, 1961 (Public
Law 87-304), 75 Stat. 662.
(b) The term "Federal agency" means any executive department of the
Government of the United States of America, any agency or independent
establishment in the executive branch of the Government, and any
corporation wholly owned or controlled by the Government.
(c) The term "foreign area" means any area (including the Trust
Territory of the Pacific Islands) situated outside (1) the United States
(including the District of Columbia), (2) the Commonwealth of Puerto
Rico, (3) the Canal Zone, and (4) any territory or possession of the
United States.
Sec. 2. (a) Except as otherwise provided by section 2(b) and section
3(c) of this order, the Secretary of State in respect of civilian
employees of Federal agencies who are located in foreign areas
immediately prior to an emergency evacuation, and the Civil Service
Commission in respect of all other civilian employees of Federal
agencies, are hereby designated and empowered, without the approval,
ratification, or other action of the President, to perform the functions
conferred upon the President by section 3(a), section 3(b), and section
6(a) of the act.
(b) The Civil Service Commission is hereby designated and empowered,
without the approval, ratification, or other action of the President, to
perform the functions conferred upon the President by the provisions of
section 5 of the act.
Sec. 3. The following regulations are hereby prescribed as necessary
and appropriate to carry out the provisions, accomplish the purposes,
and govern the administration of the act:
(a) To the maximum extent practicable, the Secretary of State, the
Civil Service Commission, and the heads of other Federal agencies shall
exercise their authority under the act and this order so that employees
of different Federal agencies evacuated from the same geographic area
under the same general circumstances may be treated uniformly.
(b) Advance payments of compensation, allowances, and differentials,
as authorized by section 2 of the act, shall be held to the minimum
period during which the order for evacuation is anticipated to continue,
and shall in no event be made for a period of more than thirty days.
(c) It is hereby determined to be in the interest of the United
States that payments of monetary amounts as authorized by section 3 of
the act to and for the account of an employee whose evacuation is
ordered and who is prevented from performing the duties of his position,
under the circumstances set forth in section 3 of the act, should be
extended beyond sixty days for not more than one hundred and twenty
additional days only upon determination, pursuant to regulations of the
head of the Federal agency concerned, that such additional payments are
reasonably necessary to maintain a civilian staff available for
performance of duty.
Such payments of monetary amounts under the authority of section 3 of
the act shall be terminated as of such dates as may be determined by the
Secretary of States or the Civil Service Commission, as appropriate, but
not later than the date on which an employee resumes his duties at the
post from which he has been evacuated or is assigned to another
position.
Sec. 4. (a) The head of each Federal agency shall issue as soon as
practicable such regulations as may be necessary and appropriate to
carry out his functions under the act and this order.
(b) In order to coordinate the policies and procedures of the
executive branch of the Government, all regulations of any Federal
agency prepared for issuance under the provisions of section 6(c) of the
act and section 4(a) of this order shall be submitted for prior approval
to the Secretary of State, or to the Civil Service Commission, as may be
appropriate, under section 2 of this order. The Secretary of State and
the Civil Service Commission shall review such regulations for
conformance with the purpose and intent of the act and of the
regulations contained in section 3 of this order. No Federal agency
shall make any payment under the provisions of the act or this order
until such regulations have been approved by the Secretary of State, or
the Civil Service Commission, as appropriate.
THE WHITE HOUSE,
December 25, 1961.
John F. Kennedy
/5/ 5 U.S.C.A. 3071 et seq.
/6/ 3 U.S.C.A. 301.
Executive Order No. 10981, 26 F.R. 12749, December 30, 1961,
INSPECTION OF TAX RETURNS
By virtue of the authority vested in me by section 55(a) of the
Internal Revenue Code of 1939, as amended (53 Stat. 29, 54 Stat. 1008;
26 U.S.C.(1952 Ed.) 55(a)) /3/ and by section 6103(a) of the Internal
Revenue Code of 1954 (68A Stat. 753; 26 U.S.C. 6103(a)), /4/ it is
hereby ordered that any income, excess-profits, estate, or gift tax
return for the years 1950 to 1961, inclusive, shall, during the
Eighty-seventh Congress, be open to inspection by the Senate Committee
on the Judiciary, or any duly authorized subcommittee thereof, in
connection with its investigation of the administration, operation, and
enforcement of the Internal Security Act of 1950 and other internal
security laws pursuant to Senate Resolution 49, Eighty-seventh Congress,
agreed to January 31, 1961, such inspection to be in accordance and upon
compliance with the rules and regulations prescribed by the Secretary of
the Treasury in Treasury Decisions 6132 and 6133, relating to the
inspection of returns by committees of the Congress, approved by the
President on May 3, 1955.
This order shall be effective upon its filing for publications in the
FEDERAL REGISTER.
THE WHITE HOUSE,
December 28, 1961.
JOHN F. KENNEDY
/3/ 26 U.S.C.A.(I.R.C.1939) 55(a).
/4/ 26 U.S.C.A.(I.R.C.1954) 6103(a).
Executive Order No. 10980, 26 F.R. 12059, December 16, 1961
WHEREAS prejudices and outmoded customs act as barriers to the full
realization of women's basic rights which should be respected and
fostered as part of our Nation's commitment to human dignity, freedom,
and democracy; and
WHEREAS measures that contribute to family security and strengthen
home life will advance the general welfare; and
WHEREAS it is in the national interest to promote the economy,
security, and national defense through the most efficient and effective
utilization of the skills of all persons; and
WHEREAS in every period of national emergency women have served with
distinction in widely varied capacities but thereafter have been subject
to treatment as a marginal group whose skills have been inadequately
utilized; and
WHEREAS women should be assured the opportunity to develop their
capacities and fulfill their aspirations on a continuing basis
irrespective of national exigencies; and
WHEREAS a Governmental Commission should be charged with the
responsibility for developing recommendations for overcoming
discriminations in government and private employment on the basis of sex
and for developing recommendations for services which will enable women
to continue their role as wives and mothers while making a maximum
contribution to the world around them:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States by the Constitution and statutes of the United
States, it is ordered as follows:
Sec. 101. There is hereby established the President's Commission on
the Status of Women, referred to herein as the "Commission". The
Commission shall terminate not later than October 1, 1963.
Sec. 102. The Commission shall be composed of twenty members
appointed by the President from among persons with a competency in the
area of public affairs and women's activities. In addition, the
Secretary of Labor, the Attorney General, the Secretary of Health,
Education and Welfare, the Secretary of Commerce, the Secretary of
Agriculture and the Chairman of the Civil Service Commission shall also
serve as members of the Commission. The President shall designate from
among the membership a Chairman, a Vice-Chairman, and an Executive
Vice-Chairman.
Sec. 103. In conformity with the Act of May 3, 1945 (59 Stat. 134,
31 U.S.C. 691), /2/ necessary facilitating assistance, including the
provision of suitable office space by the Department of Labor, shall be
furnished the Commission by the Federal agencies whose chief officials
are members thereof. An Executive Secretary shall be detailed by the
Secretary of Labor to serve the Commission.
Sec. 104. The Commission shall meet at the call of the Chairman.
Sec. 105. The Commission is authorized to use the services of
consultants and experts as may be found necessary and as may be
otherwise authorized by law.
Sec. 201. The Commission shall review progress and make
recommendations as needed for constructive action in the following
areas:
(a) Employment policies and practices, including those on wages,
under Federal contracts.
(b) Federal social insurance and tax laws as they affect the net
earnings and other income of women.
(c) Federal and State labor laws dealing with such matters as hours,
night work, and wages, to determine whether they are accomplishing the
purposes for which they were established and whether they should be
adapted to changing technological, economic, and social conditions.
(d) Differences in legal treatment of men and women in regard to
political and civil rights, property rights, and family relations.
(e) New and expanded services that may be required for women as
wives, mothers, and workers, including education, counseling, training,
home services, and arrangements for care of children during the working
day.
(f) The employment policies and practices of the Government of the
United States, with reference to additional affirmative steps which
should be taken through legislation, executive or administrative action
to assure nondiscrimination on the basis of sex and to enhance
constructive employment opportunities for women.
Sec. 202. The Commission shall submit a final report of its
recommendations to the President by October 1, 1963.
Sec. 203. All executive departments and agencies of the Federal
Government are directed to cooperate with the Commission in the
performance of its duties.
Sec. 301. Members of the Commission, except those receiving other
compensation from the United States, shall receive such compensation as
the President shall hereafter fix in a manner to be hereafter
determined.
THE WHITE HOUSE,
December 14, 1961.
JOHN F. KENNEDY
/2/ 31 U.S.C.A. 691.
Executive Order No. 10979, 26 F.R. 11937, December 14, 1961,
DISTINGUISHED CIVILIAN SERVICE
By virtue of the authority vested in me by the Government Employees'
Incentive Awards Act (68 Stat. 1112), and as President of the United
States, it is ordered that Executive Order No. 10717 of June 27, 1957,
/1/ be amended by substituting for section 2, 7, and 8 thereof the
following:
"Sec. 2. (a) The president's Award for Distinguished Federal
Civilian Service shall be presented by the President to civilian
officers or employees of the Federal Government for the best
achievements having current impact in improving Government operations or
serving the public interest. These achievements shall exemplify one or
more of the following:
(1) Imagination in developing creative solutions to problems of
government.
(2) Courage in persevering against great odds and difficulties.
(3) High ability in accomplishing extraordinary scientific or
technological achievement, in providing outstanding leadership in
planning, organizing, or directing a major program of unusual importance
and complexity, or in performing an extraordinary act of credit to the
Government and the country.
(4) Long and distinguished career service.
"(b) The importance of the achievements to the Government and to the
public interest shall be so outstanding that the officer or employee is
deserving of greater public recognition than that which can be accorded
by the head of the department or agency in which he is employed.
Generally, not more than five awards shall be made in any one year.
Presentation of the award shall be made at such time as the President
may determine.
"Sec. 7. The Board is authorized to prescribe the method and form
for making nominations for this award, but the Board shall not recommend
a nominee for the award without the concurrence of the head of the
agency in which the nominee was employed at the time of the achievement
for which the award is recommended.
"Sec. 8. The Board shall be guided in the performance of its
functions by the provisions of subsections (b) and (c) of section 304 of
the Government Employees' Incentive Awards Act, and by any additional
criteria established by the Board. Persons appointed by the President
shall not be eligible for this award unless, in the opinion of the
Board, they are currently serving in a career position."
THE WHITE HOUSE,
December 12, 1961.
JOHN F. KENNEDY
/1/ 5 U.S.C.A. 2123 note.
Executive Order No. 10450
EDITORIAL NOTE: The text of paragraph (iii) of section 8(a)(1) of
Executive Order 10450 as reprinted in the Code of Federal Regulations
(1953 Supplement and 1949-1953 Compilation) is corrected by deleting the
phrase "financial irresponsibility" and transposing the conjunction "or"
so that paragraph (iii) reads as follows:
(iii) Any criminal, infamous, dishonest, immoral, or notoriously
disgraceful conduct, habitual use of intoxicants to excess, drug
addiction, or sexual perversion.
It should be noted that the text of paragraph (iii) was published
correctly in the FEDERAL REGISTER of April 29, 1953 (18 F.R. 2491.).
Executive Order No. 10978, 26 F.R. 11714, December 7, 1961
WHEREAS the level of employment throughout the United States, the
strength of our national economy, and our capacity to carry out our
international responsibilities can be substantially increased by the
establishment of many new and increased foreign markets for a variety of
American industrial and farm products; and
WHEREAS it is in the national interest to promote and expand the
export trade of the United States; and
WHEREAS there has been established an Export Expansion Program
designed to assist American private enterprise, both large and small, to
expand greatly the nature and volume of exports; and
WHEREAS it is appropriate to award suitable public recognition to
persons, firms, and organizations making significant contributions to
the increase of American exports:
NOW, THEREFORE, by virtue of the authority vested in me by the
Constitution and statutes of the United States, and as President of the
United States, it is hereby ordered as follows:
Section 1. An award program for significant contributions to the
Export Expansion Program is hereby established.
Sec. 2. The Secretary of Commerce, in cooperation with the Secretary
of the Interior, the Secretary of Agriculture, the Administrator of the
Small Business Administration, and the heads of other Government
departments and agencies, shall establish procedures for the nomination
of persons, firms, and organizations for awards and the granting of
awards, and for such other matters as may be incidental thereto.
Sec. 3. There shall be two types of awards, as follows:
(a) The President's "E" Award; and
(b) The President's "E" Certificate of Service.
Sec. 4. The President's "E" Award may be made to persons, firms, and
organizations engaged in the marketing of products who make significant
contributions to the expansion of the export trade of the United States.
It shall consist of a flag having a field of white upon which will
appear a blue "E". It shall be further evidenced by an "E" Award
Certificate, which shall cite the recipient's contribution, and shall be
appropriately executed in the name and by the authority of the
President.
Sec. 5. A special "E" Certificate of Service may be awarded to
persons, firms, and organizations who make contributions to export
expansion, but who are engaged in activities other than the marketing of
products. The special "E" Certificate of Service shall cite the
recipient's contribution, and shall be appropriately executed in the
name and by the authority of the President.
Sec. 6. A recipient of either type of award may be authorized to
issue to his employees a suitably designed pin inscribed with the
President's "E", to display a designated style of award emblem in his
advertising, and to make other appropriate use of the emblem.
THE WHITE HOUSE,
December 5, 1961.
JOHN F. KENNEDY
Executive Order No. 10977, 26 F.R. 11471, December 5, 1961,
EXPEDITIONARY MEDAL
By virtue of the authority vested in me as President of the United
States and as Commander in Chief of the Armed Forces of the United
States, it is hereby ordered as follows:
Section 1. There is hereby established the Armed Forces
Expeditionary Medal, with ribbons and appurtenances, for award to
personnel of the Armed Forces of the United States who after July 1,
1958:
(a) Participate, or have participated, as members of United States
military units in a United States military operation in which personnel
of any military department participate, in the opinion of the Joint
Chiefs of Staff, in significant numbers; and
(b) Encounter, incident to such participation, foreign armed
opposition, or are otherwise placed, or have been placed, in such
position that, in the opinion of the Joint Chiefs of Staff, hostile
action by foreign armed forces was imminent even though it did not
materialize.
Sec. 2. The medal, with ribbons and appurtenances, shall be of
appropriate design approved by the Secretary of Defense and shall be
awarded by the Secretary of the military department directly concerned,
and by the Secretary of the Treasury with respect to the United States
Coast Guard, under uniform regulations to be issued by the Secretary of
Defense.
Sec. 3. The medal shall be awarded only for operations for which no
other United States campaign medal is approved. For operations in which
personnel of only one military department participate, the medal shall
be awarded only if there is no other suitable award available to that
department. No more than one medal shall be awarded to any one person,
but for each succeeding operation justifying such award a suitable
device may be awarded to be worn on the medal or ribbon as prescribed by
appropriate regulations.
Sec. 4. The medal may be awarded posthumously and, when so awarded,
may be presented to such representative of the deceased as may be deemed
appropriate by the Secretary of the department concerned.
THE WHITE HOUSE,
December 4, 1961.
JOHN F. KENNEDY
Executive Order No. 10976, 26 F.R. 10825, November 21, 1961
WHEREAS 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 (40 U.S.C. 321), /4/
the service or employment of all laborers and mechanics employed by the
Government of the United States upon any public work of the United
States is limited to eight hours in any one calendar day, except in case
of extraordinary emergency; and
WHEREAS by Proclamation No. 2914 of December 16, 1950, /5/ the
President proclaimed the existence of a national emergency and that
emergency still exists; and
WHEREAS the attainment and maintenance by this Nation of a clearly
leading role in aeronautical and space achievement has become a vital
national objective; and
WHEREAS in order to achieve this objective it is essential to conduct
the Nation's aeronautical and space program with a major national
commitment of manpower, material, and facilities, and to pursue this
program with all possible speed and efficiency; and
WHEREAS the development and administration of our national
aeronautical and space program are the primary responsibility of the
National Aeronautics and Space Administration:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, I hereby find and declare that as to public work
being performed by the National Aeronautics and Space Administration an
extraordinary emergency exists within the meaning of section 1 of the
said act of August 1, 1892, as amended by the said act of March 3, 1913,
and that the service or employment of laborers and mechanics employed by
the National Aeronautics and Space Administration on any public work
need not be limited to eight hours in any one calendar day, Provided,
that overtime compensation at no less than time and one-half shall be
paid in accordance with applicable law to all laborers and mechanics so
employed.
This order shall remain in force and effect during the period of the
national emergency declared by the said Proclamation No. 2914 unless
sooner terminated by Executive order of the President.
THE WHITE HOUSE,
November 15, 1961.
JOHN F. KENNEDY
/4/ 40 U.S.C.A. 321.
/5/ 50 U.S.C.A.App.prec. 1 note.
Executive Order No. 10975, 26 F.R. 10629, November 14, 1961
WHEREAS a dispute exists between Pan American World Airways, Inc. a
carrier, and certain of its employees represented by the Air Line Pilots
Association, International, a labor organization; and
WHEREAS this dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS this dispute, in the judgment of the National Mediation
Board, threatens substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by Section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /3/ I hereby
create a board of three members, to be appointed by me, to investigate
this dispute. No member of the board shall be pecuniarily or otherwise
interested in any organization of airline employees or any carrier.
The board shall report its findings to the President with respect to
the dispute within thirty days from the date of his order.
As provided by Section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by Pan American
World Airways, Inc. or by its employees, in the condition out of which
the dispute arose.
THE WHITE HOUSE,
November 10, 1961.
JOHN F. KENNEDY
/3/ 45 U.S.C.A. 160.
Executive Order No. 10974, 26 F.R. 10585, November 10, 1961, CAMPAIGN
COSTS
By virtue of the authority vested in me as President of the United
States it is ordered as follows:
Section 1. There is hereby established the President's Commission on
Campaign Costs, hereinafter referred to as the Commission. The
Commission shall be composed of not more than twelve members, each of
whom shall be appointed by the President from among persons outside the
Government. One of the members of the Commission shall be designated by
the President as Chairman thereof.
Sec. 2. It shall be the function of the Commission to prepare and
present to the President recommendations with respect to improved ways
of financing expenditures required of nominees for the offices of
President and Vice President. As may be appropriate, the Commission
shall examine and inquire into, and assemble information with respect
to, the costs of campaigning in Presidential elections and such other
matters or considerations as may be relevant to the development of the
Commission's recommendations to the President.
Sec. 3. All who may be in a position to do so are requested to
furnish the Commission information pertinent to its work and to
otherwise facilitate the Commission's work.
Sec. 4. Each member of the Commission shall receive compensation of
$75 for each day such member is engaged upon the work of the Commission.
The Commission is authorized to appoint such personnel as may be
necessary to assist the Commission in connection with the performance of
its functions without regard to the civil service and classification
laws but no individual shall receive compensation at a rate in excess of
$15,000 per annum. The Commission is authorized to obtain services in
accordance with the provisions of section 15 of the Act of August 2,
1946 (5 U.S.C. 55a); /1/ the compensation for such services shall not
exceed the rate of $75 per diem in the case of an individual.
Sec. 5. The compensation of the members and employees of the
Commission, lawful allowances therefor, and any other necessary expenses
arising in connection with the work of the Commission shall be paid from
the appropriation appearing under the heading "Special Projects" in
title I of the General Government Matters, Department of Commerce, and
Related Agencies Appropriation Act, 1962, 75 Stat. 269. Such payments
shall be made without regard to the provisions of section 3681 of the
Revised Statutes and section 9 of the Act of March 4, 1909, 35 Stat.
1027 (31 U.S.C. 672 and 673). /2/
Sec. 6. The General Services Administration is hereby designated as
the agency which shall provide administrative services for the
Commission on a reimbursable basis.
Sec. 7. The Commission in its discretion may transmit to the
President such preliminary or interim report or reports as it may deem
appropriate. It shall transmit its principal report to the President
not later than April 30, 1962, and such additional supporting materials
thereafter as it deems appropriate. The Commission shall terminate not
later than 120 days after the date of its transmittal of its principal
report to the President.
THE WHITE HOUSE,
November 8, 1961.
JOHN F. KENNEDY
/1/ 5 U.S.C.A. 55a.
/2/ 31 U.S.C.A. 672 and 673.
Executive Order No. 10973, 26 F.R. 10469, November 7, 1961, FOREIGN
ASSISTANCE AND RELATED FUNCTIONS
By virtue of the authority vested in me by the Foreign Assistance Act
of 1961 (75 Stat. 424) /7/ and section 301 of title 3 of the United
States Code, /8/ and as President of the United States, it is hereby
ordered as follows:
SECTION 101. Delegation of functions. Exclusive of the functions
otherwise delegated, or reserved to the President, by the provisions of
this order, and subject to the provisions of this order, there are
hereby delegated to the Secretary of State (hereafter in this Part
referred to as the Secretary) all functions conferred upon the President
by (1) the Act (as defined in Part VI hereof), (2) the act to provide
for assistance in the development of Latin America and in the
reconstruction of Chile, and for other purposes (74 Stat. 869; 22
U.S.C. 1942 et seq.), (3) the Mutual Defense Assistance Control Act of
1951 (65 Stat. 644; 22 U.S.C. 1611 et seq.), (4) the unrepealed
provisions of the Mutual Security Act of 1954 (68 Stat. 832; 22 U.S.C.
1750 et seq.), and (5) those provisions of acts appropriating funds
under the authority of the Act which relate to the Act.
SEC. 102. Agency for International Development. (a) The Secretary
shall establish an agency in the Department of State to be known as the
Agency for International Development (hereafter in this Part referred to
as the Agency).
(b) The Agency shall be headed by an Administrator who shall be the
officer provided for in section 624(a)(1) of the Act. Nothing in this
order shall be construed as affecting the tenure of the said
Administrator now in office.
(c) The officers provided for in sections 624(a)(2) and 624(a)(3) of
the Act shall serve in the Agency.
SEC. 103. Continuation of prior agencies. The corporate Development
Loan Fund, the International Cooperation Administration, and the Office
of the Inspector General and Comptroller shall continue in existence
until the end of November 3, 1961. The personnel, offices, entities,
property, records, and funds of such agencies and office may be utilized
by the Secretary prior to the abolition of such agencies and office.
SEC. 104. Special missions and staffs abroad. The maintenance of
special missions or staffs abroad, the fixing of the ranks of the chiefs
thereof after the chiefs of the United States diplomatic missions, and
the authorization of the same compensation and allowances as the chief
of mission, class 3 and class 4, within the meaning of the Foreign
Service Act of 1946 (60 Stat. 999; 22 U.S.C. 801 et seq.), all under
section 631 of the Act, shall be subject to the approval of the
Secretary.
SEC. 105. Munitions control. In carrying out the functions
conferred upon the President by section 414 of the Mutual Security Act
of 1954, the Secretary shall consult with appropriate agencies.
Designations, including changes in designations, by the Secretary of
articles which shall be considered as arms, ammunition, and implements
of war, including technical data relating thereto, under that section
shall have the concurrence of the Secretary of Defense.
SEC. 106. Office of Small Business. The Office of Small Business
provided for in section 602(b) of the Act shall be in the Department of
State.
SEC. 201. Delegation of functions. Subject to the provisions of
this order, there are hereby delegated to the Secretary of Defense:
(a) The functions conferred upon the President by Part II of the Act
not otherwise delegated or reserved to the President.
(b) To the extent that they relate to other functions under the Act
administered by the Department of Defense, the functions conferred upon
the President by sections 602(a), 605(a), 625(a), 625(h), 627, 628,
631(a), 634(b), 635(b), and 635(d) of the Act.
(c) The function conferred upon the President by section 644(i) of
the Act.
(d) The functions conferred upon the President by the fourth and
fifth provisos of section 108 of the Mutual Security Appropriation Act,
1956 ( 9 Stat. 438).
SEC. 202. Reports and information. In carrying out the functions
under section 634(b) of the Act delegated to him by the provisions of
section 201(b) of this order, the Secretary of Defense shall consult
with the Secretary of State.
SEC. 203. Exclusions from delegation to Secretary of Defense. The
following-described functions conferred upon the President by the Act
are excluded from the functions delegated by the provisions of section
201(a) of this order:
(a) Those under section 506(a) (introductory clause) of the Act.
(b) Those under sections 506(b)(1), (2), and (3) of the Act to the
extent that they pertain to countries which agree to the conditions set
forth therein.
(c) So much of those under section 511(b) of the Act as consists of
determining that internal security requirements may be the basis for
programs of military assistance in the form of defense services and
reporting any such determination.
(d) That of making the determination provided for in section 507(a)
of the Act.
(e) Those of negotiating, concluding, and terminating international
agreements.
SEC. 301. Department of the Treasury. There is hereby delegated to
the Secretary of the Treasury the function conferred upon the President
by the second sentence of section 612 of the Act.
SEC. 302. Department of Commerce. There is hereby delegated to the
Secretary of Commerce so much of the functions conferred upon the
President by section 601(b)(1) of the Act as consists of drawing the
attention of private enterprise to opportunities for investment and
development in less-developed friendly countries and areas.
SEC. 303. Civil Service Commission. There is hereby delegated to
the Chairman of the Civil Service Commission the function of prescribing
regulations conferred upon the President by the proviso contained in
section 625(b) of the Act.
SEC. 304. United States Information Agency. The United States
Information Agency shall perform all public-information functions abroad
with respect to the foreign-assistance, aid, and development programs of
the United States Government.
SEC. 305. Development Loan Committee. There is hereby established a
Development Loan Committee in accordance with section 204 of the Act.
The Committee shall consist of the Administrator of the Agency for
International Development, who shall be chairman, the Chairman of the
Board of Directors of the Export-Import Bank of Washington, the
Assistant Secretary of State for Economic Affairs, the Assistant
Secretary of the Treasury dealing with international finance, and the
officer of the Agency for International Development dealing with
development financing.
SEC. 401. Reservation of functions to the President. There are
hereby excluded from the functions delegated by the foregoing provisions
of this order:
(a) The functions conferred upon the President by sections 504(b),
613(a), 614(a), 620(a), 620(d), 621(a), 622(b), 622(c), 633(a), 633(b),
and 634(a) of the Act.
(b) The functions conferred upon the President by the Act and section
408(b) of the Mutual Security Act of 1954 with respect to the
appointment of officers required to be appointed by and with the advice
and consent of the Senate and with respect to the appointment of
officers pursuant to section 624(c) of the Act and the function so
conferred by section 204 of the Act of assigning officers to the
Development Loan Committee.
(c) The functions conferred upon the President with respect to
determinations, certifications, directives, or transfers of funds, as
the case may be, by sections 202(b), 205, 303, 506(b)(4), 510(a),
604(a), 610, 614(c), 624(e)(7), 632(b), 634(c), and 643(d) of the Act.
(d) The following-described functions conferred upon the President:
(1) Those under section 503 with respect to findings.
(2) Those under sections 506(b)(1), (2), and (3) in respect of
countries which do not agree to the conditions set forth therein.
Those under section 511(b), except the functions of determining that
internal security requirements may be the basis for programs of military
assistance in the form of defense services and reporting any such
determination.
(4) That under section 614(b) with respect to determining any
provisions of law to be disregarded to achieve the purpose of that
section.
(e) Those with respect to determinations under sections 103(b) (first
proviso), 104 and 203 of the Mutual Defense Assistance Control Act of
1951.
(f) That under section 523(d) of the Mutual Security Act of 1954.
(g) Those under section 107 of the Foreign Assistance and Related
Agencies Appropriation Act, 1962 (75 Stat. 717), and those with respect
to determination and certification under sections 109 and 602,
respectively, of that act.
SEC. 501. Allocation of funds. Funds appropriated or otherwise made
available to the President for carrying out the Act shall be deemed to
be allocated without any further action of the President, as follows:
(a) There are allocated to the Secretary of State all funds made
available for carrying out the Act except those made available for
carrying out Part II of the Act.
(b) There are allocated to the Secretary of Defense funds made
available for carrying out Part II of the Act.
SEC. 502. Reallocation of funds. The Secretary of State and the
Secretary of Defense may allocate or transfer as appropriate any funds
received under subsections (a) and (b), respectively, of section 501 of
this order, to any agency, or part thereof, for obligation or
expenditure thereby consistent with applicable law.
SEC. 601. Definitions. (a) As used in this order, the words "the
Act" mean the Foreign Assistance Act of 1961 exclusive of Part IV
thereof.
(b) As used in this order, the word "function" or "functions"
includes any duty, obligation, power, authority, responsibility, right,
privilege, discretion, or activity.
SEC. 602. Incidental transfers. (a) Effective at the end of
November 3, 1961, all offices, entities, property, and records of the
corporate Development Loan Fund, not otherwise disposed of by the Act,
are hereby transferred to the Department of State.
(b) So much of the records of the Export-Import Bank of Washington as
the Director of the Bureau of the Budget shall determine to be necessary
for the purposes of section 621(e) of the Act shall be transferred to
the Department of State.
SEC. 603. Personnel. (a) In carrying out the functions conferred
upon the President by the provisions of section 625(d)(1) of the Act,
and by this order delegated to the Secretary of State, the Secretary
shall authorize such of the agencies which administer programs under the
Act as he may deem appropriate to perform any of the functions under
section 625(d)(1) of the Act to the extent that the said functions
relate to the programs administered by the respective agencies.
(b) Persons appointed, employed, or assigned after May 19, 1959,
under section 527(c) of the Mutual Security Act of 1954 or section
625(d) of the Act for the purpose of performing functions under such
Acts outside the United States shall not, unless otherwise agreed by the
agency in which such benefits may be exercised, be entitled to the
benefits provided by section 528 of the Foreign Service Act of 1946 in
cases in which their service under the appointment, employment, or
assignment exceeds thirty months.
SEC. 604. References to orders and Acts. Except as may for any
reason be inappropriate:
(a) References in this order or in any other Executive order to (1)
the Foreign Assistance Act of 1961 (including references herein to "the
Act"), (2) unrepealed provisions of the Mutual Security Act of 1954, (3)
any other act which relates to the subject of this order, or (4) any
provisions of any thereof shall be deemed to include references thereto,
respectively, as amended from time to time.
(b) References in any prior Executive order to the Mutual Security
Act of 1954 or any provisions thereof shall be deemed to be references
to the Act or the corresponding provision, if any, thereof.
(c) References in this order to provisions of any appropriation Act,
and references in any other Executive order to provisions of any
appropriation Act related to the subject of this order, shall be deemed
to include references to any hereafter-enacted provisions of law which
are the same or substantially the same as such appropriation Act
provisions, respectively.
(d) References in this order or in any other Executive order to this
order or to any provision thereof shall be deemed to include references
thereto, respectively, as amended from time to time.
(e) References in any prior Executive order not superseded by this
order to any provisions of any Executive order so superseded shall
hereafter be deemed to be references to the corresponding provisions, if
any, of this order.
SEC. 605. Superseded orders. The following are hereby superseded:
(a) Executive Order No. 10893 of November 8, 1960 (25 F.R. 10731),
except Part II thereof and except for the purposes of using funds
pursuant to section 643(c) of the Act.
(b) Section 2 of Executive Order No. 10915 of January 24, 1961 (26
F.R. 781).
(c) Executive Order No. 10955 of July 31, 1961 (26 F.R. 6967).
SEC. 606. Saving provisions. Except to the extent that they may be
inconsistent with this order, all determinations, authorizations,
regulations, rulings, certificates, orders, directives, contracts,
agreements, and other actions made, issued, or entered into with respect
to any function affected by this order and not revoked, superseded, or
otherwise made inapplicable before the date of this order, shall
continue in full force and effect until amended, modified, or terminated
by appropriate authority.
SEC. 607. Effective date. The provisions of this order shall become
effective as of September 30, 1961.
THE WHITE HOUSE,
November 3, 1961.
JOHN F. KENNEDY
/7/ 22 U.S.C.A. 2151 et seq.
/8/ 3 U.S.C.A. 301.
Executive Order No. 10972, 26 F.R. 10469, November 7, 1961
By virtue of the authority vested in me by section 104(e) of the
Agricultural Trade Development and Assistance Act of 1934, as amended (7
U.S.C. 1704(e)), /5/ and as President of the United States, it is
ordered that Executive Order No. 10900 of January 5, 1961, as amended,
be, /6/ and it is hereby, further amended as follows:
(1) By deleting from paragraph (4) of section 4(d) the comma and the
text "except to the extent that section 104(e) pertains to the loans
referred to in subsection (d)(5) of this section".
(2) By deleting paragraph (5) from section 4(d).
This order shall become effective at the end of November 3, 1961.
THE WHITE HOUSE,
November 3, 1961.
JOHN F. KENNEDY
/5/ 7 U.S.C.A. 1704(e).
/6/ 1961 U.S.Code Cong.& Adm.News, p. 1247.
Executive Order No. 10971, 26 F.R. 10335, November 3, 1961, TRANS
WORLD AIRLINES, INC.
WHEREAS a dispute exists between Trans World Airlines, Inc., a
carrier, and certain of its employees represented by the Air Line Pilots
Association, International, a labor organization; and
WHEREAS this dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS this dispute, in the judgment of the National Mediation
Board, threatens substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /4/ I hereby
create a board of three members, to be appointed by me, to investigate
this dispute.
No member of the board shall be pecuniarily or otherwise interested in
any organization of employees or any carrier.
The board shall report its findings to the President with respect to
this dispute within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by Trans World
Airlines, Inc., or by its employees, in the conditions out of which the
dispute arose.
THE WHITE HOUSE,
November 1, 1961.
JOHN F. KENNEDY
/4/ 45 U.S.C.A. 160.
Executive Order No. 10970, 26 F.R. 10149, October 31, 1961
By virtue of the authority vested in me by section 3 of the Travel
Expense Act of 1949 )63 Stat. 166), as amended by the act of August 14,
1961, 75 Stat. 339 (5 U.S.C. 836), /1/ and by section 301 of title 3 of
the United States Code, /2/ it is hereby ordered as follows:
SECTION 1. There is hereby delegated to the Secretary of State the
authority vested in the President by section 3 of the -ravel Expense Act
of 1949 (63 Stat. 166), as amended (5 U.S.C. 836), to establish maximum
rates of per-diem allowances for civilian officers and employees of the
Government to the extent that such authority pertains to travel status
at localities in foreign areas as defined in section 111 of the Overseas
Differentials and Allowances Act (74 Stat. 792).
SEC. 2. Executive Order No. 10530 of May 10, 1954, entitled
"Providing for the Performance of Certain Functions Vested in or Subject
to the Approval of the President," as amended, /3/ is hereby further
amended by adding at the end of section 1 thereof the following new
paragraph (v):
"(v) The authority vested in the President by section 3 of the Travel
Expense Act of 1949, 63 Stat. 166, as amended (5 U.S.C. 836), to
establish maximum rates of per-diem allowances for civilian officers and
employees of the Government to the extent that such authority pertains
to travel status other than at localities in foreign areas as defined in
section 111 of the Overseas Differentials and Allowances Act (74 Stat.
792)."
SEC. 3. Existing maximum per-diem allowances established by the
Director of the Bureau of the Budget under the authority of section 3 of
the Travel Expense Act of 1949 (63 Stat. 166), shall remain in effect
until changed by the Secretary of State or the Director of the Bureau of
the Budget under the authority delegated to them by this order.
THE WHITE HOUSE,
October 27, 1961.
JOHN F. KENNEDY
/1/ 5 U.S.C.A. 836.
/2/ 3 U.S.C.A. 301.
/3/ 3 U.S.C.A. 301 note.
Executive Order No. 10969, 26 F.R. 9667, October 13, 1961
WHEREAS a dispute exists between the Reading Company, a carrier, and
certain of its employees represented by the International Organization
of Masters, Mates and Pilots, Local No. 14, a labor organization; and
WHEREAS this dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS this dispute, in the judgment of the National Mediation
Board, threatens substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /7/ I hereby
create a board of three members, to be appointed by me, to investigate
this dispute. No member of the board shall be pecuniarily or otherwise
interested in any organization of railroad employees or any carrier.
The board shall report its findings to the President with respect to
the dispute within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by The Reading
Company or by its employees, in the condition out of which the dispute
arose.
THE WHITE HOUSE,
October 11, 1961.
JOHN F. KENNEDY
/7/ 45 U.S.C.A. 160.
Executive Order No. 10968, 26 F.R. 9667, October 13, 1961
By virtue of the authority vested in me as President of the United
States, it is ordered that Executive Order No. 10858, dated January 13,
1960, /6/ and headed "The President's Committee for Traffic Safety," be,
and it is hereby, amended by substituting for paragraph (b) of section 1
thereof the following:
"(b) The President's Committee for Traffic Safety (hereinafter
referred to as the Committee) shall be composed of not more than
eighteen members to be appointed by the President from among individuals
active in agriculture, business, labor, public-information media, civic,
service, and women's organizations, State or local governments, and such
other fields as the President may from time to time determine. The
Secretaries of Defense, Commerce, Labor, and Health, Education, and
Welfare shall serve as ex officio members of the Committee."
THE WHITE HOUSE,
October 10, 1961.
JOHN F. KENNEDY
/6/ 23 U.S.C.A. 313 note.
Executive Order No. 10967, 26 F.R. 9667, October 13, 1961,
ADMINISTRATION OF PALMYRA ISLAND
By virtue of the authority vested in me by section 48 of the Hawaii
Omnibus Act (approved July 12, 1960; 74 Stat. 424; P.L. 86-624) /4/
and section 301 of title 3 of the United States Code, /5/ and as
President of the United States, it is hereby ordered as follows:
SECTION 1. The Secretary of the Interior shall be responsible for
the civil administration of Palmyra Island and all executive and
legislative authority necessary for that administration, and all
judicial authority respecting Palmyra Island other than the authority
contained in the Act of June 15, 1950 (64 Stat. 217), as amended (48
U.S.C. 644a), shall be vested in the Secretary of the Interior.
SEC. 2. The executive, legislative, and judicial authority provided
for in section 1 of this order (1) may be exercised through such agency
or agencies of the Department of the Interior, or through such officers
or employees under the jurisdiction of the Secretary of the Interior, as
the Secretary may direct or authorize, (2) may be exercised through such
agency or agencies, other than or not in the Department of the Interior,
or through such officers or employees of the United States not under the
administrative supervision of the Secretary, for such time and under
such conditions as may be agreed upon between the Secretary and such
agency, agencies, officers or employees of the United States, and (3)
shall be exercised in such manner as the Secretary, or any person or
persons acting under the authority of the Secretary, may direct or
authorize.
SEC. 3. The Secretary of the Interior may confer upon the United
States District Court for the District of Hawaii such jurisdiction, in
addition to that contained in the Act of June 15, 1950, and such
judicial functions and duties, as he may deem appropriate for the civil
administration of Palmyra Island.
SEC. 4. The foregoing provisions of this order shall continue in
force until the Congress shall provide for the civil administration of
Palmyra Island or until such earlier time as the President may specify.
SEC. 5. As used herein, the term "Palmyra Island" means the place of
that name, consisting of a group of islets located in the Pacific Ocean
approximately at Latitude 5 degrees 52' North and Longitude 162 degrees
06' West, and includes the territorial waters of that place and includes
also the reefs surrounding that place or any part thereof.
SEC. 6. To the extent that any prior Executive order or proclamation
is inconsistent with the provisions of this order, this order shall
control.
SEC. 7. Nothing in this order shall be deemed to reduce, limit, or
otherwise modify the authority or responsibility of the Attorney General
to represent the legal interests of the United States in civil or
criminal cases arising under the provisions of the Act of June 15, 1950,
or under the provisions of section 3 of this order.
THE WHITE HOUSE,
October 10, 1961.
JOHN F. KENNEDY
/4/ 1960 U.S.Code Cong.& Adm.News, p. 493.
/5/ 3 U.S.C.A. 301.
Executive Order No. 10966, 26 F.R. 9667, October 13, 1961
By virtue of the authority vested in me by section 55(a) of the
Internal Revenue Code of 1939, /2/ as amended (53 Stat. 29, 54 Stat.
1008; 26 U.S.C. (1952 Ed.) 55(a)), and by section 6103(a) of the
Internal Revenue Code of 1954 (68A Stat. 753; 26 U.S.C. 6103(a)), /3/
it is hereby ordered that any income, excess-profits, estate, or gift
tax return for the years 1947 to 1961, inclusive, shall, during the
Eighty-seventh Congress, be open to inspection by the Committee on
Government Operations, House of Representatives, or any duly authorized
subcommittee thereof, in connection with its studies of the operation of
Government activities at all levels with a view to determining the
economy and efficiency of the Government, such inspection to be in
accordance and upon compliance with the rules and regulations prescribed
by the Secretary of the Treasury in Treasury Decisions 6132 and 6133,
relating to the inspection of tax returns by committees of the Congress,
approved by the President on May 3, 1955.
This order shall become effective upon its filing for publication in
the FEDERAL REGISTER.
THE WHITE HOUSE,
October 10, 1961.
JOHN F. KENNEDY
/2/ 36 U.S.C.A. (I.R.C.1939) 55(a).
/3/ 26 U.S.C.A. (I.R.C.1954) 6103(a).
Executive Order No. 10965, 26 F.R. 9451, October 7, 1961
WHEREAS a dispute exists between the Trans World Airlines, Inc., a
carrier, and certain of its employees represented by the Transport
Workers Union of America, AFL-CIO, a labor organization; and
WHEREAS this dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS this dispute, in the judgment of the National Mediation
Board, threatens substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by Section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /1/ I hereby
create a board of three members, to be appointed by me, to investigate
this dispute. No member of the board shall be pecuniarily or otherwise
interested in any organization of airline employees or any carrier.
The board shall report its findings to the President with respect to
the dispute within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the Trans
World Airlines, Inc. or by its employees, in the condition out of which
the dispute arose.
THE WHITE HOUSE,
October 5, 1961.
JOHN F. KENNEDY
/1/ 45 U.S.C.A. 160.
Executive Order No. 10964, 26 F.R. 8932, September 22, 1961,
AMENDMENT OF EXECUTIVE ORDER NO. 10501
By virtue of the authority vested in me by the Constitution and
statutes of the United States, and deeming such action necessary in the
best interest of the national security, it is ordered that Executive
Order No. 10501 of November 5, 1953, as amended, /1/ be, and it is
hereby, further amended as follows:
1. Section 4 is amended--
(A) By substituting for the first paragraph thereof the following:
"Sec. 4. Declassification, Downgrading, or Upgrading. When
classified information or material no longer requires its present level
of protection in the defense interest, it shall be downgraded or
declassified in order to preserve the effectiveness and integrity of the
classification system and to eliminate classifications of information or
material which no longer require classification protection. Heads of
departments or agencies originating classified information or material
shall designate persons to be responsible for continuing review of such
classified information or material on a document-by-document, category,
project, program, or other systematic basis, for the purpose of
declassifying or downgrading whenever national defense considerations
permit, and for receiving requests for such review from all sources.
However, Restricted Data and material formerly designated as Restricted
Data shall be handled only in accordance with subparagraph 4(a)(1) below
and section 13 of this order. The following special rules shall be
observed with respect to changes of classification of defense
information or material, including information or material heretofore
classified:"
(B) By deleting paragraphs (a), (e), (g), (h), and (i) and inserting
in lieu thereof the following:
"(a) Automatic Changes. In order to insure uniform procedures for
automatic changes, heads of departments and agencies having authority
for original classification of information or material, as set forth in
section 2, shall categorize such classified information or material into
the following groups:
"(1) Group 1. Information or material originated by foreign
governments or international organizations and over which the United
States Government has no jurisdiction, information or material provided
for by statutes such as the Atomic Energy Act, and information or
material requiring special handling, such as intelligence and
cryptography. This information and material is excluded from automatic
downgrading or declassification.
"(2) Group 2. Extremely sensitive information or material which the
head of the agency or his designees exempt, on an individual basis, from
automatic downgrading and declassification.
"(3) Group 3. Information or material which warrants some degree of
classification for an indefinite period. Such information or material
shall become automatically downgraded at 12-year intervals until the
lowest classification is reached, but shall not become automatically
declassified.
"(4) Group 4. Information or material which does not qualify for, or
is not assigned to, one of the first three groups. Such information or
material shall become automatically downgraded at three-year intervals
until the lowest classification is reached, and shall be automatically
declassified twelve years after date of issuance.
"To the fullest extent practicable, the classifying authority shall
indicate on the information or material at the time of original
classification if it can be downgraded or declassified at an earlier
date, or if it can be downgraded or declassified after a specified
event, or upon the removal of classified attachments or enclosures. The
heads, or their designees, of departments and agencies in possession of
defense information or material classified pursuant to this order, but
not bearing markings for automatic downgrading or declassification, are
hereby authorized to mark or designate for automatic downgrading or
declassification such information or material in accordance with the
rules or regulations established by the department or agency that
originally classified such information or material."
"(e) Information of Material Transmitted by Electrical Means. The
downgrading or declassification of classified information or material
transmitted by electrical means shall be accomplished in accordance with
the procedures described above unless specifically prohibited by the
originating department or agency. Unclassified information or material
which is transmitted in encrypted form shall be safeguarded and handled
in accordance with the regulations of the originating department or
agency."
"(g) Upgrading. If the recipient of unclassified information or
material believes that it should be classified, or if the recipient of
classified information or material believes that its classification is
not sufficiently protective, it shall be safeguarded in accordance with
the classification deemed appropriate and a request made to the
reviewing official, who may classify the information or material or
upgrade the classification after obtaining the consent of the
appropriate classifying authority. The date of this action shall
constitute a new date of origin insofar as the downgrading or
declassification schedule (paragraph (a) above) is concerned."
"(h) Departments and Agencies Which Do Not Have Authority for
Original Classification. The provisions of this section relating to the
declassification of defense information or material shall apply to
departments or agencies which do not, under the terms of this order,
have authority for original classification of information or material,
but which have formerly classified information or material pursuant to
Executive Order No. 10290 of September 24, 1951."
"(i) Notification of Change in Classification. In all cases in which
action is taken by the reviewing official to downgrade or declassify
earlier than called for by the automatic downgrading-declassification
stamp, the reviewing official shall promptly notify all addressees to
whom the information or material was originally transmitted. Recipients
of original information or material, upon receipt of notification of
change in classification, shall notify addressees to whom they have
transmitted the classified information or material."
2. Section 5 is amended--
(A) By adding a new paragraph (a) thereto, as follows:
"(a) Downgrading-Declassification Markings. At the time of
origination, all classified information or material shall be marked to
indicate the downgrading-declassification schedule to be followed in
accordance with paragraph (a) of section 4 of this order."
(B) By relettering the present paragraphs (a) through (i) as (b)
through (j), respectively.
3. Section 6 is amended--
(A) By deleting from the second sentence of the first paragraph the
words "physical or mechanical."
(B) By deleting paragraphs (a) and (b) and by inserting in lieu
thereof the following:
"(a) Storage of Top Secret Information and Material. As a minimum,
Top Secret defense information and material shall be stored in a safe or
safe-type steel file container having a three-position dial-type
combination lock, and being of such weight, size, construction, or
installation as to minimize the possibility of unauthorized access to,
or the physical theft of, such information and material. The head of a
department or agency may approve other storage facilities which afford
equal protection, such as an alarmed area, a vault, a vault-type room,
or an area under continuous surveillance.
"(b) Storage of Secret and Confidential Information and Material. As
a minimum, Secret and Confidential defense information and material may
be stored in a manner authorized for Top Secret information and
material, or in steel file cabinets equipped with steel lockbar and a
changeable three-combination dial-type padlock or in other storage
facilities which afford equal protection and which are authorized by the
head of the department or agency.
"(c) Storage or Protection Equipment. Whenever new security storage
equipment is procured, it should, to the maximum extent practicable, be
of the type designated as security filing cabinets on the Federal Supply
Schedule of the General Services Administration."
(C) By relettering the paragraphs (c) through (g) as (d) through (h),
respectively.
4. Paragraphs (c) and (d) of section 8 are amended to read as
follows:
"(c) Transmitting Secret Information and Material. Secret
information and material shall be transmitted within and between the
forty-eight contiguous States and the District of Columbia, or wholly
within Alaska, Hawaii, the Commonwealth of Puerto Rico, or a United
States possession, by one of the means established for Top Secret
information and material, by authorized courier, by United States
registered mail, or by the use of protective services provided by
commercial carriers, air or surface, under such conditions as may be
prescribed by the head of the department or agency concerned. Secret
information and material may be transmitted outside those areas by one
of the means established for Top Secret information and material, by
commanders or masters of vessels of United States registry, or by the
United States registered mail through Army, Navy, Air Force, or United
States civil postal facilities; provided that the information or
material does not at any time pass out of United States Government
control and does not pass through a foreign postal system. For the
purposes of this section registered mail in the custody of a
transporting agency of the United States Post Office is considered
within United States Government control unless the transporting agent is
foreign controlled or operated. Secret information and material may,
however, be transmitted between United States Government or Canadian
Government installations, or both, in the forty-eight contiguous States,
the District of Columbia, Alaska, and Canada by United States and
Canadian registered mail with registered mail receipt. Secret
information and material may also be transmitted over communications
circuits in accordance with regulations promulgated for such purpose by
the Secretary of Defense.
"(d) Transmitting Confidential Information and Material.
Confidential information and material shall be transmitted within the
forty-eight contiguous States and the District of Columbia, or wholly
within Alaska, Hawaii, the Commonwealth of Puerto Rico, or a United
States possession, by one of the means established for higher
classifications, or by certified or first-class mail. Outside those
areas Confidential information and material shall be transmitted in the
same manner as authorized for higher classifications."
5. Section 13 is amended to read as follows:
"Sec. 13. 'Restricted Data,' Material Formerly Designated as
Restricted Data,' Communications Intelligence and Cryptography. (a)
Nothing in this order shall supersede any requirements made by or under
the Atomic Energy Act of August 30, 1954, as amended. 'Restricted
Data,' and material formerly designated as 'Restricted Data,' shall be
handled, protected, classified, downgraded, and declassified in
conformity with the provisions of the Atomic Energy Act of 1954, as
amended, and the regulations of the Atomic Energy Commission.
"(b) Nothing in this order shall prohibit any special requirements
that the originating agency or other appropriate authority may impose as
to communications intelligence, cryptography, and matters related
thereto."
6. A new section 19 is added reading as follows:
"Sec. 19. Unauthorized Disclosure by Government Personnel. The head
of each department and agency is directed to take prompt and stringent
administrative action against any officer or employee of the United
States, at any level of employment, determined to have been knowingly
responsible for any release or disclosure of classified defense
information or material except in the manner authorized by this order,
and where a violation of criminal statutes may be involved, to refer
promptly to the Department of Justice any such case."
7. Sections 19 and 20 are renumbered as sections 20 and 21,
respectively.
THE WHITE HOUSE,
September 20, 1961.
JOHN F. KENNEDY
/1/ 50 U.S.C.A. 401 note.
Executive Order No. 10963, 26 F.R. 8373, September 6, 1961, THE
PULLMAN COMPANY
WHEREAS disputes exist between the Pullman Company and the Chicago,
Milwaukee, St. Paul & Pacific Railroad Company, carriers, and certain of
their employees represented by the Order of Railway Conductors and
Brakemen, a labor organization; and
WHEREAS these disputes have not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS these disputes, in the judgment of the National Mediation
Board, threaten substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), I hereby create a
board of three members, to be appointed by me, to investigate these
disputes. No member of the board shall be pecuniarily or otherwise
interested in any organization of railroad employees or any carrier.
The board shall report its findings to the President with respect to
these disputes within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the Pullman
Company and the Chicago, Milwaukee, St. Paul & Pacific Railroad Company,
or by their employees, in the conditions out of which these disputes
arose.
THE WHITE HOUSE,
September 1, 1961.
JOHN F. KENNEDY
Executive Order No. 10962, 26 F.R. 8001, August 26, 1961
By virtue of the authority vested in me by sections 55(a), as
amended, 1204, and 1604(c) of the Internal Revenue Code of 1939 (53
Stat. 29, 171, 186; 54 Stat. 1008; 55 Stat. 722; 26 U.S.C. (1952 Ed.)
55(a), 1204 and 1604(c)), /7/ and by sections 6103(a) and 6106 of the
Internal Revenue Code of 1954 (68A Stat. 753, 756; 26 U.S.C. 6103(a),
6106), /8/ it is hereby ordered that returns made in respect of taxes
imposed by chapter 1, subchapters A, B, D, and E of chapter 2,
subchapter B of chapter 3, chapters 4, 6 and 7, subchapter C of chapter
9, chapters 12 and 21, subchapter A of chapter 29, and chapter 30 of the
Internal Revenue Code of 1939 and returns made in respect of taxes
imposed by chapters 1, 2, 3, 5, 6, 11, 12, 23, and 32, subchapters B, C,
and D of chapter 33, and subchapter B of chapter 37 of the Internal
Revenue Code of 1954 shall be open to inspection by the Advisory
Commission on Intergovernmental Relations for the purpose of making
studies and investigations in connection with the performance of its
function of recommending methods of coordinating and simplifying tax
laws and administrative practices to achieve a more orderly and less
competitive fiscal relationship between the levels of government and to
reduce the burden of compliance for taxpayers. Such inspection shall be
in accordance and upon compliance with the rules prescribed by the
Secretary of the Treasury in the Treasury decision approved by me this
date, /1/ relating to the inspection of such returns by the Advisory
Commission on Intergovernmental Relations.
This Executive order shall be effective upon its filing for
publication in the FEDERAL REGISTER.
THE WHITE HOUSE,
August 23, 1961.
JOHN F. KENNEDY
/7/ 26 U.S.C.A.(I.R.C. 1939) 55(a), 1204, and 1604(c).
/8/ 26 U.S.C.A.(I.R.C.1954) 6103(a) and 6106.
Executive Order No. 10961, 26 F.R. 7823, August 23, 1961, NATIONAL
MEDAL OF SCIENCE
By virtue of the authority vested in me by the act of August 25,
1959, entitled "An Act To Establish a National Medal of Science To
Provide Recognition for Individuals Who Make Outstanding Contributions
in the Physical, Biological, Mathematical, and Engineering Sciences" (73
Stat. 431), /6/ and as President of the United States, it is ordered as
follows:
Section 1. The President's Committee. There is hereby established
the President's Committee on the National Medal of Science, hereinafter
referred to as the Committee, which shall assist the President, as
provided in this order, in connection with the carrying out of the said
act of August 25, 1959. The Committee shall be composed of not less
than six and not more than twelve members. Each member of the Committee
shall be designated by the President from among appropriately qualified
citizens of the United States. As nearly as practicable, the members of
the Committee shall comprise a cross section of the major fields of
science (including engineering). The President shall from time to time
designate one of the members of the Committee as chairman thereof.
Sec. 2. Preliminary procedure. (a) The Committee shall receive, on
behalf of the President, (1) the recommendations made by the National
Academy of Sciences respecting the award of the National Medal of
Science (hereinafter referred to as the Medal) pursuant to the
provisions of section 2(a) of the said act of August 25, 1959, and (2)
such similar recommendations as may be made by any other nationally
representative scientific or engineering organization. Each such
recommendation shall include or be accompanied by such appropriate
supporting material as the Committee may from time to time specify.
(b) On the basis of the criterion stated in section 2(a) of Executive
Order No. 10910 of January 17, 1961, and such other criteria,
information, and evidence as it may deem appropriate, and subject to the
provisions of section 2(b) of that order, the Committee shall select
from among the individuals who are the subjects of recommendations
referred to it in accordance with section 2(a) of this order those
individuals whom it desires to recommend for the award of the Medal and
shall transmit the names of those individuals to the President with its
recommendations. In so transmitting its recommendations, the Committee
(1) shall include expressions of its views concerning, and such other
information as may be pertinent to, its recommendations, and (2) may
arrange the names of all or some of the recommended individuals in a
sequence deemed by it to indicate the priority in which the several
individuals are deserving of the award of the Medal.
(c) Each recommendation respecting the award of the Medal to an
individual transmitted to the President by the Committee shall be
accompanied by a draft of the citation referred to in section 1 of
Executive Order No. 10910.
Sec. 3. Time of awards and recommendations. (a) Each award of the
Medal by the President shall be made during the last sixty days of the
calendar year.
(b) In respect of awards of the Medal proposed to be made by the
President in any calendar year, (1) each recommendation of the National
Academy of Sciences, or of any other nationally representative
scientific or engineering organization, shall be delivered to the
Committee not later than the first day of August of that year, and (2)
each recommendation of the Committee shall be delivered to the President
not later than the fifteenth day of October of the same year.
(c) During the calendar year 1961, and in unusual circumstances at
any time involving extraordinary developments of great national
significance, proposals and recommendations with respect to the award of
the Medal may be made, and the Medal may be awarded, without regard to
the provisions of the foregoing subsections of this section.
Sec. 4. Services and expenses. (a) The National Science Foundation
may provide staff and administrative services necessary for the
performance of the functions of the Committee.
(b) The members of the Committee shall serve without compensation,
but the National Science Foundation may pay them transportation and
per-diem allowances as authorized for persons serving without
compensation (5 U.S.C. 73b-2.).
THE WHITE HOUSE,
August 21, 1961.
JOHN F. KENNEDY
/6/ 42 U.S.C.A. 1880, 1881.
Executive Order No. 10960, 26 F.R. 7823, August 23, 1961
By virtue of the authority vested in me by section 301 of title 3 of
the United States Code, /4/ and as President of the United States, it is
ordered as follows:
Paragraph (q) of section 1 of Executive Order No. 10530 of May 10,
1954, entitled "Providing for the Performance of Certain Functions
Vested in or Subject to the Approval of the President," as added by
Executive Order No. 10889 of October 5, 1960, /5/ is hereby amended to
read as follows:
"(q) The authority vested in the President by section 5(e) of the act
of March 18, 1959, providing for the admission of the State of Hawaii
into the Union, 73 Stat. 6, (1) to receive the reports required by the
provisions of that section, (2) to determine that certain land or
property is no longer needed by the United States, and (3) to convey to
the State of Hawaii the land or property which is determined to be no
longer needed by the United States."
THE WHITE HOUSE,
August 21, 1961.
JOHN F. KENNEDY
/4/ 3 U.S.C.A. 301.
/5/ 3 U.S.C.A. 301 note.
Executive Order No. 10959, 26 F.R. 7753, August 19, 1961
By virtue of the authority vested in me by section 2 of the Civil
Service Act of January 16, 1883 (22 Stat. 403, 404), it is hereby
ordered that Mr. Maurice L. Kowal may be appointed to a competitive
position in the classified civil service of the United States without
regard to the competitive provisions of the Civil Service Rules and
regulations.
THE WHITE HOUSE,
August 17, 1961.
JOHN F. KENNEDY
Executive Order No. 10958, 26 F.R. 7571, August 16, 1961, MEDICAL
SUPPLIES AND FOOD
By virtue of the authority vested in me by Reorganization Plan No. 1
of 1958 (72 Stat. 1799), /3/ and as President of the United States, it
is ordered as follows:
Section 101. Delegation of functions. Certain functions under the
Federal Civil Defense Act of 1950, as amended (which were transferred to
the President by the provisions of Reorganization Plan No. 1 of 1958 (72
Stat. 1799)), are hereby delegated to the Secretary of Health,
Education, and Welfare, hereafter in this Part referred to as the
Secretary, as follows:
(a) All functions (including, as used in this order, powers, duties,
and authority) under section 201(h) of that Act, 50 U.S.C.App. 2281(h),
to the extent that they pertain to the stockpiling of medical supplies
and equipment.
(b) To the extent that they are incidental to or necessary for the
performance by or under the Secretary of the functions delegated by the
provisions of section 101(a) of this order, other functions under the
Federal Civil Defense Act of 1950, as amended, excluding, however,
functions under sections 102(a), 201(b), and 402 and Title III of that
Act.
Sec. 102. Redelegation. The Secretary may redelegate any of the
functions delegated to him by this order to any of his subordinates.
Sec. 201. Delegation of functions. Certain functions under the
Federal Civil Defense Act of 1950, as amended (which were transferred to
the President by the provisions of Reorganization Plan No. 1 of 1958 (72
Stat. 1799)), are hereby delegated to the Secretary of Agriculture,
hereafter in this Part referred to as the Secretary, as follows:
(a) All functions under section 201(h) of that Act, 50 U.S.C.App.
2281(h), to the extent that they pertain to the stockpiling of food.
(b) To the extent that they are incidental to or necessary for the
performance by or under the Secretary of the functions delegated by the
provisions of section 201(a) of this order, other functions under the
Federal Civil Defense Act of 1950, as amended, excluding, however,
functions under sections 102(a), 201(b), and 402 and Title III of that
Act.
Sec. 202. Redelegation. The Secretary may redelegate any of the
functions delegated to him by this order to any of his subordinates.
Sec. 301. Relationships with other agencies. The responsibilities
of the Director of the Office of Civil and Defense Mobilization in
respect of the functions delegated by the provisions of Parts I and II
of this order shall be those stated in section 2(a) of Executive Order
No. 10952 of July 20, 1961 (26 F.R. 6577).
Sec. 302. Property, personnel, and records. Subject to law,
property, personnel, and records of the Office of Civil and Defense
Mobilization shall be transferred as follows:
(a) To the Department of Health, Education, and Welfare, so much
thereof, related to the functions delegated by the provisions of Part I
of this order, as may be determined jointly by the Secretary of Health,
Education, and Welfare and the Director of the said Office.
(b) To the Department of Agriculture, so much thereof, related to the
functions delegated by the provisions of Part II of this order, as may
be determined jointly by the Secretary of Agriculture and the said
Director.
Sec. 303. Funds. There shall be transferred to the Department of
Agriculture and to the Department of Health, Education, and Welfare so
much of the appropriations, allocations, and other funds (available or
to be made available) of the Office of Civil and Defense Mobilization as
shall be determined in pursuance of the provisions of section 202(b) of
the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c(b)) and
section 1(k) of Executive Order No. 10530 of May 10, 1954.
Sec. 304. Prior Executive orders. Exclusive of Executive Order No.
10952 of July 20, 1961, all prior Executive orders (including Executive
Order No. 10773 of July 1, 1958, as amended, and Executive Order No.
10902 of January 9, 1961) are hereby superseded to the extent that,
immediately prior to the issuance of this order and in respect of the
functions delegated by the provisions of Parts I and II of this order
(to the extent there delegated), they delegate or otherwise assign, or
authorize the delegation or other assignment of, functions or subject,
or authorize the subjection of, the performance of functions to
supervision, direction, control, or coordination.
Sec. 305. Other prior actions. Except to the extent that they may
be inconsistent with the provisions of this order, and except to the
extent revoked, superseded or otherwise rendered inapplicable before the
date of this order, all determinations, authorizations, regulations,
rulings, certificates, orders, directives, contracts, agreements, and
other actions heretofore made, issued, or entered into with respect to
any function delegated by the provisions of Part I or Part II of this
order (to the extent there delegated) shall continue in effect until
such time as the Secretary of Health, Education, and Welfare or the
Secretary of Agriculture, as the case may be, under the authority of
this order, shall amend, modify, or terminate them. The status of prior
Executive orders shall be governed by the provisions of section 304 of
this order.
THE WHITE HOUSE,
August 14, 1961.
JOHN F. KENNEDY
/3/ 1958 U.S.Code Cong.& Adm.News, pp. 5595-5613.
Executive Order No. 10957, 26 F.R. 7541, August 15, 1961
By virtue of the authority vested in me by the Joint Resolution of
August 1, 1961 (P.L. 87-117), and by section 301 of title 3 of the
United States Code, /1/ and as President of the United States, it is
hereby ordered as follows:
Section 1. The Secretary of Defense, and, when designated by him for
this purpose, any of the Secretaries of the military departments of the
Department of Defense, are hereby authorized and empowered to exercise
the authority vested in the President until July 1, 1962, by section 1
of the Act of August 1, 1961 (Public Law 87-117) /2/ to order, without
the consent of the persons concerned, any unit, and any member not
assigned to a unit organized to serve as a unit, in the Ready Reserve of
an armed force to active duty for not more than 12 consecutive months,
provided there are not more than 250,000 members of the Ready Reserve
thereby on active duty (other than for training) without their consent
at any one time. However, the Secretary of Defense may not order any
unit in the Ready Reserve of an armed force to active duty, other than
active duty for training, under this section without the approval of the
President.
Sec. 2. In pursuance of the provisions of section 2 of the said
Joint Resolution of August 1, 1961, the Secretary of Defense is hereby
authorized to extend enlistments, appointments, periods of active duty,
periods of active duty for training, periods of obligated service, or
other military status, in any component of an armed force or in the
National Guard that expire before July 1, 1962, for not more than twelve
months.
THE WHITE HOUSE,
August 10, 1961.
JOHN F. KENNEDY
/1/ 3 U.S.C.A. 301.
/2/ 10 U.S.C.A. 263 note.
Executive Order No. 10956, 26 F.R. 7315, August 12, 1961, ATOMIC
ENERGY ACT OF 1954
By virtue of the authority vested in me by the Atomic Energy Act of
1954, as amended (42 U.S.C. 2011 et seq.), /3/ and section 301 of title
3 of the United States Code, /4/ and as President of the United States,
it is ordered as follows:
Executive Order No. 10841 of September 30, 1959, entitled "Providing
for the Carrying Out of Certain Provisions of the Atomic Energy Act of
1954, as Amended, Relating to International Cooperation," /5/ is hereby
amended by changing the period at the end of paragraph (2) of section
2(a) thereof to a colon and adding to such paragraph the following:
"Provided, that each determination made under this paragraph shall be
referred to the President and, unless disapproved by him, shall become
effective fifteen days after such referral or at such later time as may
be specified in the determination."
THE WHITE HOUSE,
August 10, 1961.
JOHN F. KENNEDY
/3/ 42 U.S.C.A. 2011 et seq.
/4/ 3 U.S.C.A. 301.
/5/ 1959 U.S.Code Cong.& Adm.News, p. 1106.
Executive Order No. 10955, 26 F.R. 6967, August 3, 1961
By virtue of the authority vested in me by section 301 of title 3 of
the United States Code, /1/ and as President of the United States, it is
ordered as follows:
Section 1. Delegation of functions. There are hereby delegated to
the Secretary of State the functions conferred upon the President by
sections 2 and 3 of the Act of September 8, 1960, entitled "An Act to
provide for assistance in the development of Latin America and in the
reconstruction of Chile and for other purposes" (74 Stat. 870; 22
U.S.C. 1943, 1944). /2/
Sec. 2. Allocation of funds. Funds appropriated to the President in
pursuance of the provisions of the said sections 2 and 3 shall be deemed
to be allocated to the Secretary of State, or to such of his
subordinates as he may designate, without any further action of the
President.
THE WHITE HOUSE,
July 31, 1961.
JOHN F. KENNEDY
/1/ 3 U.S.C.A. 301.
/2/ 22 U.S.C.A. 1943, 1944.
Executive Order No. 10954, 26 F.R. 6759, July 28, 1961, INSPECTION OF
TAX RETURNS
By virtue of the authority vested in me by sections 6103(a) and 6106
of the Internal Revenue Code of 1954 (68A Stat. 753, 756; 26 U.S.C.
6103(a), 6106), /8/ it is hereby ordered that the last paragraph of
Executive Order No. 10906 of January 17, 1961, entitled "Inspection by
Certain Classes of Persons and State and Federal Government
Establishments of Returns Made in Respect of Certain Taxes Imposed by
the Internal Revenue Code of 1954," be, and it is hereby, amended to
read as follows:
"This order shall become effective upon its filing for publication in
the FEDERAL REGISTER, and shall on that date supersede Executive Order
No. 10738 of November 15, 1957, to the extent that such order is
applicable to inspection by State tax officials after the effective date
of this order of estate and gift-tax returns made under the Internal
Revenue Code of 1954."
This order shall be effective as of January 18, 1961.
THE WHITE HOUSE,
July 26, 1961.
JOHN F. KENNEDY
/7/ 1961 U.S.Code Cong.& Adm.News, p. 1258.
/8/ 26 U.S.C.A.(I.R.C.1954) 6103(a), 6106.
Executive Order No. 10953, 26 F.R. 6578, July 22, 1961
WHEREAS a dispute exists between the Southern Pacific Company
(Pacific Lines), a carrier, and certain of its employees represented by
the Order of Railroad Telegraphers, a labor organization; and
WHEREAS this dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS this dispute, in the judgment of the National Mediation
Board, threatens substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /6/ I hereby
create a board of three members, to be appointed by me, to investigate
this dispute. No member of the board shall be pecuniarily or otherwise
interested in any organization of railroad employees or any carrier.
The board shall report its findings to the President with respect to
the dispute within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the Southern
Pacific Company (Pacific Lines), or by its employees, in the conditions
out of which the dispute arose.
THE WHITE HOUSE,
July 20, 1961.
JOHN F. KENNEDY
/6/ 45 U.S.C.A. 160.
Executive Order No. 10952, 26 F.R. 6577, July 22, 1961, CIVIL DEFENSE
RESPONSIBILITIES
WHEREAS the possibility of enemy attack upon the United States must
be taken into account in developing our continental defense program;
and
WHEREAS following a thorough review and consideration of our military
and nonmilitary defense activities, I have concluded that adequate
protection of the civilian population requires a substantial
strengthening of the Nation's civil defense capability; and
WHEREAS the rapid acceleration of civil defense activities can be
accomplished most effectively and efficiently through performance by the
regular departments and agencies of government of those civil defense
functions related to their established roles and capabilities; and
WHEREAS I have concluded that the undertaking of greatly accelerated
civil defense activities, including the initiation of a substantial
shelter program, requires new organizational arrangements:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States and Commander-in-Chief of the armed forces of the
United States, including the authority contained in the Federal Civil
Defense Act of 1950, as amended, /4/ and other authorities of law vested
in me pursuant to Reorganization Plan No. 1 of 1958, /5/ it is hereby
ordered as follows:
Section 1. Delegation of Authority to the Secretary of Defense. (a)
Except as hereinafter otherwise provided and as is reserved to the
Office of Civil and Defense Mobilization in section 2 of this order, the
Secretary of Defense is delegated all functions (including as used in
this order, powers, duties, and authority) contained in the Federal
Civil Defense Act of 1950, as amended (hereinafter referred to as the
Act), vested in me pursuant to Reorganization Plan No. 1 of 1958 (72
Stat. 1799), subject to the direction and control of the President.
Such functions to be performed by the Secretary of Defense, working as
necessary or appropriate through other agencies by contractual or other
agreements, as well as with State and local leaders, shall include but
not be limited to the development and execution of:
(i) a fallout shelter program;
(ii) a chemical, biological and radio logical warfare defense
program;
(iii) all steps necessary to warn or alert Federal military and
civilian authorities, State officials and the civilian population;
(iv) all functions pertaining to communications, including a warning
network, reporting on monitoring, instructions to shelters and
communications between authorities;
(v) emergency assistance to State and local governments in a
postattack period, including water, debris, fire, health, traffic police
and evacuation capabilities;
(vi) protection and emergency operational capability of State and
local government agencies in keeping with plans for the continuity of
government; and
(vii) programs for making financial contributions to the States
(including personnel and administrative expenses) for civil defense
purposes.
(b) In addition to the foregoing, the Secretary shall:
(i) develop plans and operate systems to undertake a nationwide
postattack assessment of the nature and extent of the damage resulting
from enemy attack and the surviving resources, including systems to
monitor and report specific hazards resulting from the detonation or use
of special weapons; and
(ii) make necessary arrangements for the donation of Federal surplus
property in accordance with section 203(j)(4) of the Federal Property
and Administrative Services Act of 1949, as amended (40 U.S.C.
484(j)(4)), subject to applicable limitations.
Sec. 2. Civil Defense Responsibilities of the Office of Civil and
Defense Mobilization. The Director of the Office of Civil and Defense
Mobilization shall
(a) advise and assist the President in:
(i) determining policy for, planning, directing and coordinating,
including the obtaining of information from all departments and
agencies, the total civil defense program;
(ii) reviewing and coordinating the civil defense activities of the
Federal departments and agencies with each other and with the activities
of the States and neighboring countries in accordance with section
201(b) of the Act;
(iii) determining the appropriate civil defense roles of Federal
departments and agencies, and enlisting State, local and private
participation, mobilizing national support, evaluating progress of
programs, and preparing reports to the Congress relating to civil
defense matters;
(iv) helping and encouraging the States to negotiate and enter into
interstate civil defense compacts and enact reciprocal civil defense
legislation in accordance with section 201(g) of the Act; and
(v) providing all practical assistance to States in arranging,
through the Department of State, mutual civil defense aid between the
States and neighboring countries in accordance with section 203 of the
Act;
(b) develop plans, conduct programs and coordinate preparations for
the continuity of Federal governmental operations in the event of
attack; and
(c) develop plans, conduct programs and coordinate preparations for
the continuity of State and local governments in the event of attack,
which plans, programs and preparations shall be designed to assure the
continued effective functioning of civilian political authority under
any emergency condition.
Sec. 3. Excluded Functions. The following functions of the
President under the provisions of the Act are excluded from delegations
to the Secretary of Defense made by this order and are reserved to the
President:
(a) Those under subsections (h) and (i) of section 201 of the Act (50
U.S.C.App. 2281(h), (i)) to the extent that they pertain to medical
stockpiles and food stockpiles.
(b) Those under the following provision of the Act: Sections 102(a),
201(b), and 402 and Title III.
Sec. 4. Transfer of Property, Facilities, Personnel and Funds.
Subject to applicable law, there shall be hereby transferred to the
Secretary of Defense such portion of the property, facilities, and
personnel of the Office of Civil and Defense Mobilization engaged in the
performance of the civil defense responsibilities herein assigned to the
Secretary of Defense as shall be agreed upon by the Secretary and the
Director of the Office of Civil and Defense Mobilization together with
such portions of the funds currently available for those purposes as
shall be approved by the Director of the Bureau of the Budget.
Sec. 5. Reports. The Secretary of Defense shall annually submit to
the President a written report covering expenditures, contributions,
activities, and accomplishments of the Secretary of Defense pursuant to
this order.
Sec. 6. Redelegation. The Secretary of Defense is hereby authorized
to redelegate within the Department of Defense the functions hereinabove
delegated to him.
Sec. 7. Amendment. The Director of the Office of Civil and Defense
Mobilization is hereby relieved of responsibilities under the Act except
as otherwise provided herein, and the provisions of Executive Order No.
10773, as amended, are amended accordingly.
Sec. 8. Prior Actions. (a) Except to the extent that they may be
inconsistent with the provisions of this order, and except as particular
Executive orders or other orders are amended, modified, or superseded by
the provisions of this order, all determinations, authorizations,
regulations, rulings, certificates, orders (including emergency
preparedness orders), directives, contracts, agreements, and other
actions made, issued, or entered into with respect to any function
affected by this order, and not revoked, superseded, or otherwise made
inapplicable before the date of this order, shall continue in full force
and effect until amended, modified, or terminated by the President or
other appropriate authority; but, to the extent necessary to conform to
the provisions of this order, any of the foregoing shall be deemed to
refer to the Secretary of Defense or other appropriate officer or agency
instead of, or in addition to, the Office of Civil and Defense
Mobilization or the Director thereof.
(b) This order shall not terminate any delegation or assignment of
any substantive (program) function to any delegate agency made by any
emergency preparedness order heretofore issued by the Director of the
Office of Civil and Defense Mobilization (26 F.R. 651-662; 835-840)
(which emergency preparedness order shall remain in effect until amended
or revoked by or at the specific direction of the President). No such
emergency preparedness order shall limit the delegation or assignment of
any substantive (program) function to the Secretary of Defense made by
the foregoing sections of this order.
Sec. 9. Effective Date. This order shall become effective on the
first day of August, 1961.
THE WHITE HOUSE,
July 20, 1961.
JOHN F. KENNEDY
/4/ 50 U.S.C.A.App. 2251 et seq.
/5/ 1958 U.S.Code Cong.& Adm.News, p. 5595.
Executive Order No. 10951, 26 F.R. 5918, July 1, 1961, AMENDING
EXECUTIVE ORDER NO. 10949
By virtue of the authority vested in me by section 206 of the
Labor-Management Relations Act, 1947, 61 Stat. 155 (29 U.S.C. 176), /2/
I hereby extend until 9 a.m., July 3, 1961, the time within which the
board of inquiry created by Executive Order No. 10949 of June 26, 1961,
/3/ to inquire into the issues involved in a labor dispute involving the
Maritime Industry of the United States, shall report to the President.
THE WHITE HOUSE,
June 29, 1961.
JOHN F. KENNEDY
/2/ 29 U.S.C.A. 176.
/3/ 1961 U.S.Code Cong.& Adm.News, p. 1318.
Executive Order No. 10950, 26 F.R. 5787, June 29, 1961
By virtue of the authority vested in me by section 6(b) of the Alaska
Statehood Act of July 7, 1958 (72 Stat. 339), /1/ and as President of
the United States, I hereby designate the Secretary of the Interior as
my representative to exercise the authority vested in me by section 6(b)
of the act to approve selections of land made by the State of Alaska
under the provisions of section 6(b) in instances in which those
selections include land lying north and west of the line described in
section 10(b) of the act: Provided, That no selection by the State
shall be approved pursuant to this order, in whole or in part, without
the concurrence of the Secretary of Defense or his designated
representative.
As the Secretary of the Interior may direct, the Under Secretary of
the Interior, and Assistant Secretary of the Interior, the Director of
the Bureau of Land Management, or the Operations Supervisors of the
Bureau of Land Management in Alaska are severally authorized to exercise
the authority vested in the Secretary by this order.
THE WHITE HOUSE,
June 27, 1961.
JOHN F. KENNEDY
/1/ 48 U.S.C.A.note preceding 21.
Executive Order No. 10949, 26 F.R. 5731, June 28, 1961
WHEREAS, there exists a labor dispute between certain ship owners and
operators in the United States foreign and domestic trades and certain
of their employees represented by: the National Maritime Union of
America; the Seafarers International Union of North America; the
National Marine Engineers' Beneficial Association; the International
Organization of Masters, Mates and Pilots; the American Radio
Association; the Radio Officers Union; the Staff Officers Association
of America; and
WHEREAS, such dispute has resulted in a strike which, in my opinion,
affects a substantial part of the maritime industry, an industry engaged
in trade, commerce, and transportation among the several States and with
foreign nations, and which strike will, if permitted to continue,
imperil the national health and safety:
NOW, THEREFORE, by virtue of the authority vested in me by section
206 of the Labor-Management Relations Act, 1947, 61 Stat. 155 (29 U.S.C.
176), /6/ I hereby create a Board of Inquiry consisting of The Honorable
David L. Cole, Chairman, Judge Samuel I. Rosenman, and Professor James
J. Healy as members to inquire into the issues involved in such dispute.
The Board shall have powers and duties as set forth in Title II of
such Act. The Board shall report to the President in accordance with
the provisions of section 206 of such Act on or before June 30, 1961.
Upon submission of its report, the Board shall continue in existence
to perform such other functions as may be required under such Act, until
the Board is terminated by the President.
THE WHITE HOUSE,
June 26, 1961.
JOHN F. KENNEDY
/6/ 29 U.S.C.A. 176.
Executive Order No. 10948, 26 F.R. 5355, June 15, 1961, NEW YORK
HARBOR CARRIERS
By virtue of the authority vested in me by Title I of the General
Government Matters Appropriation Act, 1961 (74 Stat. 473, 475), and as
President of the United States, it is ordered as follows:
Section 1. There is hereby established a Presidential commission to
consider a controversy between, and involving a certain proposal of, the
carriers represented by the New York Harbor Carriers' Conference
Committee and certain of their employees represented by Lighter
Captains' Union, Local No. 996, International Longshoremen's
Association, AFL-CIO. The commission shall consist of three members who
shall be designated by the President as follows: one member who shall
be a person nominated by the carriers, one member who shall be a person
nominated by the employees, and the chairman who shall be designated
without nomination.
Sec. 2. The commission is authorized and directed to investigate and
inquire into the issue raised by the proposal of the carriers which is
set forth in the mediation agreement, signed on April 11, 1961, by the
parties involved in the controversy, with the objective of making a
report to the President, including its findings and recommendations with
respect to the controversy, and assisting in achieving an amicable
settlement and agreement with respect to the issue in dispute between
the parties. In connection with its inquiry, the commission is
authorized to hold such public hearings and to hear such witnesses as it
may deem appropriate.
It shall provide a full and fair hearing to the parties and shall
otherwise endeavor to conform its proceedings and activities to the
agreement upon the basis of which the controversy is submitted to the
commission by the parties thereto.
Sec. 3. The commission shall be separate from the Presidential
commission established by Executive Order No. 10891, but the two
commissions are authorized and directed, under such arrangements as may
be appropriate, to establish and maintain such procedures as may best
promote economy and efficiency in their operations, including the
utilization of staff and facilities.
Sec. 4. All executive departments and agencies of the Federal
Government are authorized and directed to cooperate with the commission
in its work and to furnish the commission with such information and
assistance, not inconsistent with law, as it may require in the
performance of its duties.
Sec. 5. The controversy referred to in sections 1 and 2 of this
order is hereby found to constitute an emergency affecting the national
interest within the meaning of the provisions appearing under the
heading "Emergency Fund for the President-- National Defense" in Title I
of the General Government Matters Appropriation Act, 1961, 74 Stat. 473,
475, approved July 12, 1960. The expenditures of the commission may be
paid out of an allotment made by the President from the appropriation
made under the aforesaid heading "Emergency Fund for the President--
National Defense"; and, to the extent permitted by law, from any
corresponding or like appropriation made available for fiscal years
subsequent to fiscal year 1961. Such payments may be made without
regard to the provisions of (a) section 3681 of the Revised Statutes (31
U.S.C. 672), /3/ (b) section 9 of the act of March 4, 1909, 35 Stat.
1027 (31 U.S.C. 673), /4/ and (c) such other provisions of law as the
President may hereafter specify. The members of the commission shall
receive such expense allowances as the President shall hereafter fix.
The chairman of the commission shall receive such compensation as the
President shall hereafter specify, but no such compensation shall be
payable with respect to any day or other period of service for which
other compensation is payable by the United States.
Sec. 6. The commission shall make a final written report of its
findings and recommendations as soon as practicable but no later than 30
days after the Presidential commission established by Executive Order
No. 10929, March 24 1961 (26 F.R. 2583), /5/ makes the final report
described in section 6 of such order. The commission shall cease to
exist 30 days after the rendition of its final report to the President.
Sec. 7. Funds may be allotted under section 5 of this order
immediately, such funds to become available for obligation and
expenditure on such date or dates as the President may specify, and
nominations may immediately be submitted and designations of members
made under section 1 of this order, but the provisions of this order
shall otherwise become effective only when all members of the commission
have been designated by the President.
THE WHITE HOUSE,
June 12, 1961.
JOHN F. KENNEDY
/3/ 31 U.S.C.A. 672.
/4/ 31 U.S.C.A. 673.
/5/ 1961 U.S.Code Cong.& Adm.News, p. 1283.
Executive Order No. 10947, 26 F.R. 5283, June 14, 1961
By virtue of the authority vested in me by section 55(a) of the
Internal Revenue Code of 1939, as amended (53 Stat. 29, 54 Stat. 1008;
/1/ 26 U.S.C. (1952 Ed.) 55(a)), and by section 6103(a) of the Internal
Revenue Code of 1954 (68A Stat. 753; 26 U.S.C. 6103(a)), /2/ it is
hereby ordered that any income, excess-profits, estate, or gift tax
return for the years 1950 to 1961, inclusive, shall, during the
Eighty-seventh Congress, be open to inspection by the Committee on
Public Works, House of Representatives, or any duly authorized
subcommittee thereof, in connection with its investigation of the
policies, procedures and practices involved in the administration of the
Federal-Aid Highway Program, pursuant to House Resolution 23, 87th
Congress, agreed to February 6, 1961, such inspection to be in
accordance and upon compliance with the rules and regulations prescribed
by the Secretary of the Treasury in Treasury Decisions 6132 and 6133,
relating to the inspection of returns by committees of the Congress,
approved by the President on May 3, 1955.
This order shall be effective upon its filing for publication in the
FEDERAL REGISTER.
THE WHITE HOUSE,
June 12, 1961.
JOHN F. KENNEDY
/1/ 26 U.S.C.A.(I.R.C.1939) 55(a).
/2/ 26 U.S.C.A.(I.R.C.1954) 6103(a).
Executive Order No. 10946, 26 F.R. 4629, May 27, 1961, LABOR DISPUTES
WHEREAS a successful missile program is vital to our national
security, and a successful space program is vital to the national
interest, therefore uninterrupted and economical operations at missile
and space sites are imperative; and
WHEREAS manufacturers, construction concerns and labor unions
involved in the missile and space programs have pledged their
cooperation in avoiding uneconomical operations and work stoppages at
missile and space sites; and
WHEREAS the Government has the clear responsibility for encouraging
such cooperation and providing a proper framework for its effective
operation:
NOW THEREFORE, by virtue of the authority vested in me as President
of the United States, it is ordered as follows:
SECTION 1. For the purpose of developing policies, procedures, and
methods of adjustment for labor problems at missile and space sites,
there is hereby established a Missile Sites Labor Commission composed
of: the Secretary of Labor, hereby designated as Chairman; the
Director of the Federal Mediation and Conciliation Service, hereby
designated as Vice-chairman; three representatives of the public, three
representatives drawn from labor and three representatives drawn from
management, as designated by the President.
Alternates may be designated by each member of the Commission.
In carrying out its duties the Commission shall consult fully with
the Secretary of Defense, the Administrator of the National Aeronautics
and Space Administration, and the Chairman and the General Counsel of
the National Labor Relations Board, and such officers and the officers
of other Government agencies concerned shall cooperate fully with the
Commission.
The Commission is hereby empowered to employ an Executive Secretary
and to delegate such powers to its Chairman, Vice-chairman and Executive
Secretary as it may deem appropriate. Subject to the provisions of
Section 9 of this order, the Commission may employ such staff as may be
necessary and may incur other necessary expenditures.
SEC. 2. The Commission shall arrange for the establishment at each
missile or space site of appropriate Missile Site Labor Relations
Committees. Such Committees shall be composed of representatives of
manufacturers and construction concerns, labor organizations,
contracting agencies and a Mediator assigned by the Federal Mediation
and Conciliation Service. These Committees will be so constituted and
instructed as to take account of any necessary and appropriate
distinctions in representational interests. It shall be the primary
functions of such Committees to anticipate impending problems and to
arrange for proper disposition of them prior to the time that such
problems become acute, utilizing fully all voluntary settlement
procedures already in existence, and encouraging establishment of
adequate grievances and jurisdictional procedures where such procedures
do not now exist, to the end of preventing any interruptions of
efficient performance of work. The Commission will take such steps as
are necessary to assure that labor organizations will assign appropriate
international union representatives to missile sites on which their
members are working for the purpose of obtaining the full cooperation of
each such international union.
SEC. 3. The Commission shall establish procedures whereby it will be
advised of any labor relations problem at any missile or space site
which it appears cannot be settled by the voluntary settlement
procedures already in existence or by action instituted by the local
Missile Site Labor Relations Committee. In such event the Commission
shall establish such procedures as appear to it necessary and
appropriate to produce a satisfactory settlement of such problem,
relying in the first instance on presently established private or
governmental procedures, including available legal proceedings, so far
as these will be effective.
SEC. 4. The Commission is authorized to establish special panels,
composed of members of the Commission or others (as designated by the
Chairman of the Commission), to hold hearings in disputed matters over
which the Commission has jurisdiction, to make findings of fact, to make
recommendations for the settlement of such disputes, to obtain agreement
for final and binding arbitration of such disputes, to mediate such
disputes, to issue such directives and to take such other action as the
Commission may direct. These panels will be so constituted as to take
account of any necessary and appropriate distinctions in
representational interests, and in the event of conflict between
manufacturing and construction groups of either industry or labor the
panel shall be composed of public members only.
SEC. 5. The Commission shall develop with the federal contracting
agencies and with the parties programs for obtaining, in collective
bargaining contracts or other agreements or arrangements covering work
at missile and space sites, the inclusion of effective commitments that
there will be no lockouts or work stoppages at such sites, with adequate
procedures being established for the expeditious resolution of
grievances and labor problems at such sites.
SEC. 6. The Commission shall take such other action as will promote
the policies of this order, and shall make recommendations to government
agencies, labor organizations or other authorized employee
representatives and employers to assure efficient and economical
completion of missile programs.
SEC. 7. Contracting agencies shall make appropriate assignments of
labor relations representatives to each missile or space site on which
they are operating and issue instructions and directives to insure that
the policies and purposes of this Order are fully understood and will be
carried out by the persons responsible for the progress of work on a
day-to-day basis.
SEC. 8. The National Labor Relations Board and the General Counsel
of the Board are requested to establish accelerated procedures for
dealing with matters at missile and space sites within the Board's
jurisdiction, in accordance with law, and to make such assignment of
personnel as is necessary to this end; provided that voluntary
procedures for the adjustment of such matters shall continue to be used
wherever available, appropriate and effective but the provisions of this
Order shall not affect the authority of the Board under the National
Labor Relations Act, as amended.
SEC. 9. The matter referred to in this Order is hereby found to
constitute an emergency affecting the national interest within the
meaning of the provisions appearing under the heading "Emergency Fund
for the President-- National Defense" in Title 1 of the General
Government Matters Appropriation Act, 1961 (Public Law 86-642), approved
July 12, 1960. During the fiscal year 1961 the expenditures of the
Commission may be paid out of an allotment made by the President from
the appropriation made under the aforesaid heading "Emergency Fund for
the President-- National Defense"; and during the fiscal year 1962, to
the extent permitted by law, such expenditures may be similarly paid
from any corresponding or like appropriation made available for such
fiscal year.
Such payments may be made without regard to the provisions of (a)
section 3681 of the Revised Statutes (31 U.S.C. 672), (b) section 9 of
the act of March 4, 1909, 35 Stat. 1027 (31 U.S.C. 673), and (c) such
other provisions of law as the President may hereafter specify.
Members, and employees of the Commission and panel members appointed
under this Order, shall, if not otherwise compensated, receive such
compensation and allowances as the President shall hereafter fix, in a
manner to be hereafter determined.
THE WHITE HOUSE,
May 26, 1961.
JOHN F. KENNEDY
Executive Order No. 10945, 26 F.R. 4487, May 25, 1961
By virtue of the authority vested in me by the Export Control Act of
1949, as amended, and as President of the United States, it is ordered
as follows:
SECTION 1. The power, authority, and discretion conferred upon the
President by the provisions of the Export Control Act of 1949 (63 Stat.
7), as amended (50 U.S.C.App. 2021-2032) /1/ are hereby delegated to the
Secretary of Commerce, with power of successive redelegation.
SEC. 2. There is hereby established the Export Control Review Board
(hereinafter referred to as the Board). The Board shall be composed of
the Secretary of Commerce, who shall be the Chairman of the Board, the
Secretary of State, and the Secretary of Defense. No alternate Board
members shall be designated, but the acting head of any department may
serve in lieu of the head of the department concerned. The Board may
invite the heads of Government agencies, other than the departments
represented by the Board members, to participate in the activities of
the Board when matters of interest to such agencies are under
consideration.
SEC. 3. The Secretary of Commerce may from time to time refer to the
Board such particular export license matters, involving questions of
national security or other major policy issues, as he shall select. The
Secretary of Commerce shall also refer to the Board any other such
export license matter, upon the request of any other member of the Board
or of the head of any other Government department or agency having an
interest in such matter. The Board shall consider the matters to
referred to it, giving due consideration to the foreign policy of the
United States, the national security, and the domestic economy, and
shall make recommendations thereon to the Secretary of Commerce.
SEC. 4. The President may at any time (a) prescribe rules and
regulations applicable to the power, authority, and discretion referred
to in section 1 of this order, and (b) communicate to the Secretary of
Commerce such specific directives applicable thereto as the President
shall determine. The Secretary of Commerce shall from time to time
report to the President upon the administration of the Export Control
Act of 1949, as amended, and, as he may deem necessary, may refer to the
President recommendations made by the Board under section 3 of this
order. Neither the provisions of this section nor those of section 3
shall be construed as limiting the provisions of section 1 of this
order.
SEC. 5. (a) All provisions relating to export control that are
contained in the following and are now effective are hereby superseded:
(1) Proclamation No. 2413 of July 2, 1940
(2) Executive Order No. 8900 of September 15, 1941 /2/
(3) Executive Order No. 8982 of December 17, 1941 /3/
(4) Executive Order No. 9361 of July 15, 1943 /4/
(5) Executive Order No. 9380 of September 25, 1943 /5/
(6) Executive Order No. 9630 of September 27, 1945 /6/
(7) Executive Order No. 9919 of January 3, 1948 /7/
(b) Except to the extent that they are inconsistent with this order,
all outstanding delegations, rules, regulations, orders, licenses, or
other forms of administrative action made, issued, or likewise taken
under, or continued in force by, the Export Control Act of 1949, as
amended, shall remain in full force and effect until amended, modified,
or terminated by proper authority.
THE WHITE HOUSE,
May 24, 1961.
JOHN F. KENNEDY
/1/ 50 U.S.C.A.App. 2021 to 2032.
/2/ 1941 U.S.Code Cong.Serv., p. 873.
/3/ 1941 U.S.Code Cong.Serv., p. 988.
/4/ 1943 U.S.Code Cong.Serv., p. 5.62.
/5/ 1943 U.S.Code Cong.Serv., p. 5.76.
/6/ 50 U.S.C.A.App. 601 note.
/7/ 50 U.S.C.A.App. 1911 note.
Executive Order No. 10944, 26 F.R. 4419, May 23, 1961, BALTIMORE AND
OHIO RAILROAD CO.
WHEREAS a dispute exists between the Baltimore and Ohio Railroad
Company and other carriers represented by the Eastern, Western, and
Southeastern Carriers' Conference Committees, designated in List A
attached hereto and hereby made a part hereof, and certain of their
employees represented by the Railroad Yardmasters of America, a labor
organization; and
WHEREAS this dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act as amended; and
WHEREAS this dispute, in the judgment of the National Mediation
Board, threatens substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /6/ I hereby
create a board of three members, to be appointed by me, to investigate
this dispute. No member of the board shall be pecuniarily or otherwise
interested in any organization of railroad employees or any carrier.
The board shall report its findings to the President with respect to
the dispute within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the
Baltimore and Ohio Railroad Company and other carriers represented by
the Eastern, Western, and Southeastern Carriers' Conference Committees,
or by their employees, in the conditions out of which the dispute arose.
THE WHITE HOUSE,
May 19, 1961.
Baltimore and Ohio Railroad Company
Baltimore and Ohio-Chicago Terminal
Staten Island Rapid Transit
Boston and Maine Railroad
Boston Terminal
Buffalo Creek Railway
Cleveland Union Terminals
Chicago River & Indiana Railroad
Delaware & Hudson Railroad Corporation
Delaware, Lackawanna & Western Railroad Company
Detroit Terminal Railroad Company
Erie Railroad
Grand Trunk Western Railroad Company
Lehigh & New England Railroad Company
Lehigh Valley Railway Company
Long Island Railroad Company
Monon Railroad
New York, Chicago & St. Louis Railway
Pennsylvania Railroad Company
Pittsburgh & Lake Erie Railroad Company
Pittsburgh & West Virginia Railroad
Pittsburgh, Chartiers & Youghiogheny Railway Company
Washington Terminal Company
Alton and Southern Railroad
Atchison, Topeka and Santa Fe Railway
Gulf, Colorado and Santa Fe Railway
Panhandle and Santa Fe Railway
Chicago and North Western Railway (including former C.St.PM&O, but
excluding former L&M)
Chicago, Burlington & Quincy Railroad
Chicago, Great Western Railway (including South St. Paul Terminal)
Chicago, Milwaukee, St. Paul and Pacific Railroad
Chicago Produce Terminal Company
Chicago, Rock Island and Pacific Railroad
Davenport, Rock Island and North Western Railway
Denver and Rio Grande Western Railroad
Des Moines Union Railway
Duluth, South Shore and Atlantic Railroad
Fort Worth and Denver Railway
Great Northern Railway
Houston Belt & Terminal Railway
Illinois Northern Railway
Kansas City Southern Railway
Louisiana & Arkansas Railway
Minneapolis & St. Louis Railway
Railway Transfer Company of the City of Minneapolis
Minneapolis, St. Paul and Sault Ste. Marie Railroad
Minnesota Transfer Railway
Missouri Pacific Railroad
Northern Pacific Railway (including King Street Passenger Station)
Ogden Union Railway and Depot Company
Peoria and Pekin Union Railway
Port Terminal Railroad Association
St. Louis-San Francisco Railway
St. Louis, San Francisco and Texas Railway
St. Paul Union Depot Company
Spokane, Portland and Seattle Railway
Terminal Railroad Association of St. Louis
Texas and Pacific Railway
Fort Worth Belt Railway
Texas Pacific-Missouri Pacific Terminal Railroad of New Orleans
Union Pacific Railroad
Union Railway Company (Memphis)
Union Terminal Company (Dallas)
Wabash Railroad
Western Pacific Railroad
Western Railway of Alabama
Clinchfield Railroad
Florida East Coast Railway
Gulf, Mobile & Ohio Railroad
Jacksonville Terminal Company
Kentucky & Indiana Terminal Railroad
Louisville & Nashville Railroad
Norfolk & Western Railway
Southern Railway
Cincinnati, New Orleans & Texas Pacific Railway
Alabama Great Southern Railway
New Orleans & Northeastern Railroad
New Orleans Terminal Company
Georgia Southern & Florida Railway
JOHN F. KENNEDY
/6/ 45 U.S.C.A. 160.
Executive Order No. 10943, 26 F.R. 4419, May 23, 1961, COFFEE STUDY
GROUP
By virtue of the authority vested in me by section 1 of the
International Organizations Immunities Act, approved December 29, 1945
(59 Stat. 669), /5/ and having found that the United States participates
in the Coffee Study Group as a public international organization
entitled to enjoy the privileges, exemptions, and immunities conferred
by the International Organizations Immunities Act.
The designation of the Coffee Study Group as a public international
organization within the meaning of the International Organizations
Immunities Act shall not be deemed to abridge in any respect privileges,
exemptions, and immunities which that organization may have acquired or
may acquire by treaty or congressional action.
THE WHITE HOUSE,
May 19, 1961.
JOHN F. KENNEDY
/5/ 22 U.S.C.A. 288.
Executive Order No. 10942, 26 F.R. 4419, May 23, 1961
By virtue of the authority vested in me as President of the United
States, and upon the recommendation of the Administrator of the National
Aeronautics and Space Administration, I hereby amend Executive Order No.
10849 of November 27, 1959, /4/ by revising the description of the
design of the seal of the National Aeronautics and Space Administration
as set out in that order to read as follows:
On a disc of the blue sky strewn with white stars, to dexter a large
yellow sphere bearing a red flight symbol apex in upper sinister and
wings enveloping and casting a brown shadow upon the sphere, all
partially encircled with a horizontal white orbit, in sinister a small
light-blue sphere; circumscribing the disc a white band edged gold
inscribed "National Aeronautics and Space Administration U.S.A." in red
letters.
THE WHITE HOUSE,
May 19, 1961.
JOHN F. KENNEDY
/4/ 42 U.S.C.A. 2472 note.
Executive Order No. 10941, 26 F.R. 4277, May 17, 1961
By virtue of the authority vested in me by section 179 of the Revised
Statutes (5 U.S.C. 6) /1/ and section 301 of title 3 of the United
States Code, /2/ and as President of the United States, it is ordered as
follows:
Section 1. In case of the death, resignation, absence, or sickness
of the Secretary of the Treasury and the Under Secretary of the
Treasury, the following officers of the Treasury Department shall, in
the order of succession indicated, act as Secretary of the Treasury
until a successor is appointed or until the absence or sickness of the
incumbent shall cease:
(1) Under Secretary for Monetary Affairs.
(2) The Assistant Secretaries of the Treasury and the General Counsel
for the Department of the Treasury (a) in such order of succession as
the Secretary of the Treasury may by order fix from time to time, or (b)
if no order of succession is so fixed at the time, then in the order in
which they have taken office as Assistant Secretary or General Counsel,
as the case may be.
Sec. 2. Executive Order No. 10586 of January 13, 1955, entitled
"Designating Certain Officers to Act as Secretary of the Treasury", /3/
is hereby revoked.
THE WHITE HOUSE,
May 15, 1961.
JOHN F. KENNEDY
/1/ 5 U.S.C.A. 6.
/2/ 3 U.S.C.A. 301.
/3/ 5 U.S.C.A. 6 note.
Executive Order No. 10940, 26 F.R. 4136, May 13, 1961, JUVENILE
DELINQUENCY AND YOUTH CRIME
WHEREAS, the United States Government has an obligation to maintain
and develop programs and policies to promote the welfare of its younger
citizens, and
WHEREAS, the steady growth in the incidence of juvenile delinquency
and youth crime has long been recognized as a national problem of major
concern, and
WHEREAS, there is a demonstrated need that the resources of the
Federal Government be promptly mobilized to provide leadership and
direction in a national effort to strengthen our social structure and to
correlate, at all levels of government, juvenile and youth services;
that training of personnel for juvenile and youth programs be
intensified; and, that research to develop more effective measures for
the prevention, treatment, and control of juvenile delinquency and youth
crime be broadened:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is ordered as follows:
Section 1. (a) There is hereby established the President's Committee
on Juvenile Delinquency and Youth Crime (hereinafter referred to as the
Committee). The Committee shall be composed of the Attorney General,
the Secretary of Labor, and the Secretary of Health, Education, and
Welfare. Each member of the Committee shall designate an official or
employee of his department as an alternate member who shall serve as a
member of the Committee in lieu of the regular member whenever the
regular member is unable to attend any meeting of the Committee; and
the alternate member shall while serving as such have in all respects
the same status as a member of the Committee as does the regular member
for whom he is serving. The Chairman of the Committee shall be the
Attorney General.
(b) The Committee may invite representatives of the Judiciary to
participate in its deliberations.
Sec. 2. The Committee (1) shall review, evaluate and promote the
coordination of the activities of the several departments and agencies
of the Federal Government relating to juvenile delinquency and youth
crime; (2) shall stimulate experimentation, innovation and improvements
in Federal programs; (3) shall encourage cooperation and the sharing of
information between Federal agencies and state, local and private
organizations having similar responsibilities and interests; (4) shall
make recommendations to the Federal departments and agencies on measures
to make more effective the prevention, treatment, and control of
juvenile delinquency and youth crime.
Sec. 3. There is hereby established the Citizens Advisory Council
(hereinafter referred to as the Council) which shall consist of not less
than 12 and not more than 21 members, who shall be persons (including
persons from public and voluntary organizations) who are recognized
authorities in professional or technical fields related to juvenile
delinquency or youth crime, or persons representative of the general
public who are leaders in programs concerned with juvenile delinquency
or youth crime, and who shall be designated by the Chairman of the
Committee after consultation with the Committee and serve at the
pleasure of the Committee. The Chairman of the Council shall be
designated by the Chairman of the Committee.
Sec. 4. The Council shall furnish the Committee advice and
recommendations with respect to the matters with which the Committee is
concerned under section 2 of this order and any other matters relating
to the functions of the Committee on which it may desire information or
advice.
Sec. 5. The Committee shall make reports to the President from time
to time with respect to its activities and shall make recommendations to
the President regarding policy, programs and any additional measures
including legislation which it deems desirable to further the objectives
of this order.
Sec. 6. All executive departments and agencies of the Government are
authorized and directed to cooperate with the Committee and to furnish
it such information and assistance, not inconsistent with law, as it may
require in the performance of its functions and duties.
Sec. 7. Consonant with law, the Departments of Justice, Labor, and
Health, Education, and Welfare, shall as may be necessary for the
effectuation of the purpose of this order, as the Chairman of the
Committee may assign to them. One of such employees may be designated
to serve as Executive Director of the Committee. The necessary office
space, facilities and supplies for the use of the Committee shall be
furnished by the three departments concerned as they shall agree.
THE WHITE HOUSE,
May 11, 1961.
JOHN F. KENNEDY
Executive Order No. 10939, 26 F.R. 3951, May 6, 1961
WHEREAS the maintenance of high ethical and moral standards in the
conduct of the functions of the Federal Government is a matter of
continuing concern; and
WHEREAS it is incumbent upon those who occupy positions of the
highest responsibility and authority to set an impeccable example:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is hereby ordered as follows:
1. This Order shall apply to all heads and assistant heads of
departments and agencies, full-time members of boards and commissions
appointed by the President, and members of the White House Staff.
2. No such official shall engage in any outside employment or other
outside activity not compatible with the full and proper discharge of
the responsibilities of his office or position. It shall be deemed
incompatible with such discharge of responsibilities for any such
official to accept any fee, compensation, gift, payment of expenses, or
any other thing of monetary value in circumstances in which acceptance
may result in, or create the appearance of, resulting in:
(a) Use of public office for private gain;
(b) An undertaking to give preferential treatment to any person;
(c) Impeding government efficiency or economy;
(d) Any loss of complete independence or impartiality;
(e) The making of a Government decision outside official channels;
or
(f) Any adverse effect on the confidence of the public in the
integrity of the Government.
(3) No such official shall receive compensation or anything of
monetary value, other than that to which he is duly entitled from the
Government, for the performance of any activity during his services as
such official and within the scope of his official responsibilities.
4. No such official shall receive compensation or anything of
monetary value for any consultation, lecture, discussion, writing or
appearance the subject matter of which (a) is devoted substantially to
the responsibilities, programs or operations of the official's
department or agency, or (b) draws substantially upon official data or
ideas which have not become part of the body of public information.
5. Paragraphs 3 and 4 of this Order shall not preclude
(a) Receipt of bona fide reimbursement, to the extent permitted by
law, for actual expenses for travel and such other necessary subsistence
as is compatible with this directive and in which no government payment
or reimbursement is made: Provided, however, That there shall be no
reimbursement or payment on behalf of the official for entertainment,
gifts, excessive personal living expenses, or other personal benefits;
(b) Participation in the affairs of charitable, religious, non-profit
educational, public service or civic organizations, or the activities of
national or state political parties not proscribed by law;
(c) Awards for meritorious public contribution given by public
service or civic organizations.
6. Each department and agency head shall review or issue internal
directives appropriate to his department or agency to assure the
maintenance of high ethical and moral standards therein.
7. Nothing in this Order shall be construed to supersede, alter, or
interpret any existing law or regulation.
THE WHITE HOUSE,
May 5, 1961.
JOHN F. KENNEDY
Executive Order No. 10938, 26 F.R. 3951, May 6, 1961, FOREIGN
INTELLIGENCE ADVISORY BOARD
By virtue of the authority vested in me as President of the United
States, it is ordered as follows:
Section 1. There is hereby established the President's Foreign
Intelligence Advisory Board. The function of the Board shall be to
advise the President with respect to the objectives and conduct of the
foreign intelligence and related activities of the United States which
are required in the interests of foreign policy and national defense and
security.
Sec. 2. In the performance of its advisory duties, the Board shall
conduct a continuing review and assessment of all functions of the
Central Intelligence Agency, and of other executive departments and
agencies having such or similar responsibilities in the foreign
intelligence and related fields, and shall report thereon to the
President each six months or more frequently as deemed appropriate. The
Director of Central Intelligence and the heads of other departments and
agencies concerned shall make available to the Board any information
with respect to foreign intelligence matters which the Board may require
for the purpose of carrying out its responsibilities to the President.
The information so supplied to the Board shall be afforded requisite
security protection as prescribed by the provisions of applicable laws
and regulations.
Sec. 3. Members of the Board shall be appointed from among qualified
persons outside the Government and shall receive such compensation and
allowances, consonant with law, as may be prescribed hereafter. Such
compensation and allowances and any other expenses arising in connection
with the work of the Board shall be paid from the appropriation
appearing under the heading "Special Projects" in title I of the General
Government Matters Appropriation Act, 1961, 74 Stat. 473, and, to the
extent permitted by law, from any corresponding appropriation which may
be made for subsequent years. Such payments shall be made without
regard to the provisions of section 3681 of the Revised Statutes and
section 9 of the act of March 4, 1909, 35 Stat. 1027 (31 U.S.C. 672 and
673). /6/
Sec. 4. Executive Order No. 10656 of February 6, 1956, /7/ is hereby
revoked.
THE WHITE HOUSE,
May 4, 1961.
JOHN F. KENNEDY
/6/ 31 U.S.C.A. 672 and 673.
/7/ 50 U.S.C.A. 403 note.
Executive Order No. 10937, 26 F.R. 3915, May 5, 1961
WHEREAS the National Agricultural Advisory Commission, established by
Executive Order No. 10472 of July 20, 1953, /5/ is required by section 2
of that order to review from time to time, upon the request of the
Secretary of Agriculture, the policies and administration of farm
programs within the jurisdiction of the Department of Agriculture and to
advise the Secretary in regard thereto; and
WHEREAS, in my judgment, it is appropriate and in the public interest
that the said Executive order be amended as provided below in order that
the views of the farmer, the taxpayer, and the consumer may be more
adequately represented in the development and administration of a sound
agricultural program:
NOW THEREFORE, by virtue of the authority vested in me as President,
it is ordered that section 1 of Executive Order No. 10472 of July 20,
1953, be, and it is hereby, amended to read as follows:
"Section 1. There is hereby established the National Agricultural
Advisory Commission, hereinafter referred to as the Commission, which
shall be composed of twenty-five members who shall be appointed by the
President, not more than fifteen of whom shall be members of a single
political party. At least eighteen of the members of the Commission
shall be representative farmers. The members of the Commission shall be
appointed with a view toward granting appropriate representation to the
several geographic sections of the United States. The terms of eight of
the members shall expire on December 31, 1962, the terms of eight other
members shall expire on December 31, 1963, and the terms of the
remaining nine members shall expire on December 31, 1964. Successors
shall be appointed for a term of three years. The Chairman of the
Commission shall be designated by the President."
THE WHITE HOUSE,
May 3, 1961.
JOHN F. KENNEDY
/5/ 5 U.S.C.A. 511 note.
Executive Order No. 10936, 26 F.R. 3555, April 26, 1961, REPORTS OF
IDENTICAL BIDS
WHEREAS it is in the interest of the United States to obtain truly
competitive bids in connection with its procurement and sale of property
and services pursuant to public invitation for bids and the prevalence
of identical bidding is harmful to the effective functioning of a system
of competitive bids;
WHEREAS identical bidding may constitute evidence of the existence of
conspiracies to monopolize or restrain trade or commerce; and
WHEREAS the collection and dissemination of information with regard
to identical bids submitted to the Federal Government will discourage
future submissions of such bids, aid in the enforcement of the antitrust
laws and the maintenance of a competitive economy and serve to reduce
the costs of the Government,
NOW, THEREFORE, by virtue of the authority vested in me by the
Constitution and statutes, and as President of the United States, I
hereby order and direct:
1. Whenever, in connection with a procurement of property or
services exceeding $10,000 in total amount and made pursuant to an
advertisement or other public invitation for bids, a department, agency
or instrumentality of the Government shall hereafter receive two or more
bids
(a) which are identical as to unit price or total amount, or
(b) which, after giving effect to discounts and all other relevant
factors, the department, agency or instrumentality shall consider to be
identical as to unit price or total amount,
then such department, agency, or instrumentality shall make a report
of the bid proceedings to the Attorney General not later than 20 days
following the award. Whenever two or more bids of the nature described
in clauses (a) and (b) hereof are received in bid proceedings which
result for any reason in the rejection of all bids and the total value
of the property or services bid upon is estimated by the department,
agency or instrumentality to be in excess of $10,000, it shall make a
report of such proceedings to the Attorney General not later than 20
days following the rejection. Notwithstanding the preceding provisions
of this section, a report shall not be made of bid proceedings in which
only foreign sources have participated and in connection with which
delivery and performance is to take place outside the United States.
2. The reports required by section 1 shall be in a form prescribed
by the Attorney General and shall include the following information or
such other information as he may prescribe:
(a) The name and location of the particular component of the
department, agency or instrumentality which advertised for the bids;
(b) the amount and a description of the property or services for
which bids were solicited, and the proposed date of delivery or
performance;
(c) the date of opening of the bids; and
(d) the names and addresses of all bidders and as to the bid of each:
(1) the unit price and terms of discount, if any, together with a
notation of the point of origin specified by the bidder and a statement
whether freight and any other costs of transportation to the point of
delivery are included or excluded, and
(2) in the case of an accepted bid identical, or considered to be
identical as to unit price or total amount with another, the method by
which selected.
3. Whenever, in connection with a sale of property for more than
$10,000 in total amount pursuant to an advertisement or other public
invitation for bids, a department, agency or instrumentality of the
Government shall receive two or more bids
(a) which are identical as to unit price or total amount, or
(b) which, after giving effect to all relevant factors, the
department, agency or instrumentality shall consider to be identical as
to unit price or total amount, then such department, agency or
instrumentality shall make a report of the bid proceedings to the
Attorney General not later than 20 days following the award to the
purchaser. Whenever two or more bids of the nature described in clauses
(a) and (b) hereof are received in bid proceedings which result for any
reason in the rejection of all bids and the total sales value of the
offered property is estimated by the department, agency or
instrumentality to be in excess of $1 it shall make a report of such
proceedings to the Attorney General not later than 20 days following the
rejection. The reports required by this section shall be in a form
prescribed by the Attorney General and shall include information similar
to that prescribed by section 2. Notwithstanding the preceding
provisions of this section, a report shall not be made of bid
proceedings in which only foreign sources have participated and in
connection with which delivery and performance is to take place outside
the United States.
4. The Attorney General is granted authority to establish reasonable
exemptions and variations from the requirements of section 1 or of
section 3 from time to time based upon his experience in connection with
this order, including authority to take the following actions:
(a) exclude any category or property or services from the reporting
requirements of section 1 or of section 3; and
(b) increase or decrease the $10,000 limit prescribed in section 1 or
in section 3.
5. The Attorney General shall consult with the Secretary of Defense,
the Administrator of General Services and the heads of such other
departments, agencies and instrumentalities of the Government as he may
deem advisable for the purpose of obtaining information in a feasible
manner with regard to identical bidding in publicly advertisement
procurement and sale proceedings completed by these departments,
agencies and instrumentalities during periods prior to the date of
execution of this order. The Secretary of Defense, the Administrator of
General Services and the other heads of departments, agencies or
instrumentalities consulted by the Attorney General shall cause the
submission of reports to him in respect of such categories of these
proceedings and for such periods as may be agreed upon. The reports
shall conform to the requirements of section 2.
6. The Attorney General shall formulate and put into effect
procedures whereby State and local governments are invited to transmit
reports to him of identical bids received by such governments similar to
the reports required by sections 1, 3 and 5.
7. From time to time, as he shall find suitable, the Attorney Genera
shall make a report to the President consolidating the information he
has received pursuant to this order, and he shall transmit copies
thereof to the President of the Senate and the Speaker of the House of
Representatives. However, there shall be excluded from such report any
information submitted by a department, agency or instrumentality of the
Government which it has requested to be withheld for reasons of national
security.
8. The principal purpose of this order is to make more effective the
enforcement of the antitrust laws by insuring that the Attorney General
has at his disposal all information which may tend to establish the
presence of a conspiracy in restraint of trade and which may warrant
further investigation with a view to preferring civil or criminal
charges. In exercising the discretionary authority granted under the
provisions of this order, the Attorney General shall be mindful of this
purpose and shall exercise such authority in a manner which insures that
programs of reporting and analysis hereunder shall not by their
magnitude interfere with his enforcement of those laws but instead shall
contribute thereto. The heads of the departments, agencies and
instrumentalities of the Government shall cooperate with and aid the
Attorney General in analyzing the data reported to him and shall make
available to him to the fullest extent possible any facilities they may
have which would expedite that work. In particular, they should bring
to his attention any further information which, in their judgment, may
constitute additional evidence of collusion among Government
contractors.
9. The heads of the departments, agencies and instrumentalities of
the Government are directed to give particular attention to compliance
with the provisions of 41 U.S.C. 252(d) and 10 U.S.C. 2305(d) requiring
referral to the Attorney General of bids received in an advertised
procurement proceeding which appear to them to evidence a violation of
the antitrust laws. It is to be noted that the bids which must be
referred to the Attorney General under those statutes as evidencing
collusion include, although they are not limited to, identical bids.
Nothing in this order shall be construed to mean that a report submitted
hereunder to the Attorney General in connection with identical bids
evidencing collusion in a procurement proceeding shall constitute a
referral satisfying the requirements of those statutes or of the
regulations issued pursuant thereto. Similarly, nothing in this order
shall be construed to mean that a report submitted hereunder in
connection with identical bids evidencing collusion in a sale proceeding
shall satisfy the requirements of 40 U.S.C. 488 in certain cases, or of
the regulations issued pursuant to that statute, that specified
information be supplied to the Attorney General for his use in
considering the applicability of the antitrust laws to the sale.
THE WHITE HOUSE,
April 24, 1961.
JOHN F. KENNEDY
Executive Order No. 10935, 26 F.R. 3507, April 25, 1961, COMMITTEE ON
UN-AMERICAN ACTIVITIES
By virtue of the authority vested in me by section 55(a) of the
Internal Revenue Code of 1939, as amended (53 Stat. 29, 54 Stat. 1008;
26 U.S.C. 55(a)), /3/ and by section 6103(a) of the Internal Revenue
Code of 1954 (68A Stat. 753, 26 U.S.C. 6103(a)), /4/ it is hereby
ordered that any income, excess-profits, estate, or gift tax return for
the years 1945 to 1961, inclusive, shall, during the Eighty-seventh
Congress, be open to inspection by the Committee on Un-American
Activities, House of Representatives, or any duly authorized
subcommittee thereof, for the purpose of carrying on those
investigations authorized by clause 18 of Rule XI of the Rules of the
House of Representatives, agreed to January 3, 1961, such inspection to
be in accordance and upon compliance with the rules and regulations
prescribed by the Secretary of the Treasury in Treasury Decisions 6132
and 6133, relating to the inspection of returns by committees of the
Congress, approved by the President on May 3, 1955.
This order shall be effective upon its filing for publication in the
FEDERAL REGISTER.
THE WHITE HOUSE,
April 22, 1961.
JOHN F. KENNEDY
/3/ 26 U.S.C.A.(I.R.C.1939) 55(a).
/4/ 26 U.S.C.A.(I.R.C.1954) 6103(a).
Executive Order No. 10934, 26 F.R. 3233, April 15, 1961, THE
ADMINISTRATION CONFERENCE
WHEREAS the performance of regulatory functions and related
responsibilities for the determination of private rights, privileges,
and obligations by executive departments and administrative agencies of
the United States Government substantially affects large numbers of
private individuals and many areas of economic and business activity;
and
WHEREAS it is essential to the protection of private and public
interests and to the sustained development of the national economy that
Federal administrative procedures ensure maximum efficiency and fairness
in the performance of these governmental functions; and
WHEREAS the steady expansion of the Federal administrative process
during the past several years has been attended by increasing concern
over the efficiency and adequacy of department and agency procedures;
and
WHEREAS the experience of the several groups which have examined
Federal administrative procedures in recent years demonstrates that
substantial progress in improving department and agency procedures can
result from cooperative effort by the departments and agencies, working
together with members of the practicing bar and other interested
persons:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is ordered as follows:
Section 1. Establishment of the Conference. There is hereby
established a conference to be known as the Administrative Conference of
the United States, which shall consist of a Council of eleven members
named by the President, one of whom he shall designate to be Chairman of
the Conference, and a general membership from Federal executive
departments and administrative agencies, the practicing bar, and other
persons specially informed by knowledge and experience with respect to
Federal administrative procedures.
Sec. 2. Purpose. The purpose of the Conference shall be to assist
the President, the Congress and the Administrative agencies and
executive departments in improving existing administrative procedures.
To this end the Conference shall conduct studies of the efficiency,
adequacy and fairness of procedures by which Federal executive
departments and administrative agencies protect the public interest and
determine the rights, privileges and obligations of private persons.
The Conference shall from time to time report to the President any
conclusions reached by its members based on such studies, together with
suggestions for appropriate measures to improve the administrative
process. The Conference shall make a Final Report to the President no
later than December 31, 1962, summarizing its activities, evaluating the
need for further studies of administrative procedures, and suggesting
appropriate means to be employed for this purpose in the future.
Sec. 3. Membership. The composition of the general membership of
the Conference shall be determined by the Council; provided that the
total membership shall be not less than fifty persons, and at least a
majority of the total membership shall be from Federal executive
departments and administrative agencies, so distributed as to effect an
appropriate representation among the several departments and agencies.
General members from Government service shall be designated by the heads
of their respective departments and agencies. Other general members
shall be named by the Chairman with the approval of the Council from the
practicing bar, scholars in the fields of administrative law and
government, and other persons specially informed by knowledge and
experience with respect to Federal administrative procedures. Members
of the Conference who are not in Government service shall participate in
the activities of the Conference solely as private individuals without
official responsibility on behalf of the Government of the United
States.
Sec. 4. Staff. The Attorney General of the United States is hereby
authorized and directed to furnish to the Conference research and staff
assistance from the Office of Administrative Procedure in the Department
of Justice, through the Director of that Office and the Chairman of the
Conference, and the Director of the Office of Administrative Procedure
shall act as Executive Secretary of the Conference.
Sec. 5. Operation of the Conference. The Conference shall have
authority to adopt bylaws and regulations not inconsistent with the
provisions of this order for the conduct of its functions. Every member
of the Conference will be expected to participate in all respects
according to his own views, and not necessarily as a representative of
any department or agency or other group from which he may have been
chosen.
Sec. 6. Committees. Committees of the Conference shall be appointed
by the Chairman, with the approval of the Council. Committees shall
have authority to designate subcommittees from their own membership for
the purposes of conducting studies and making reports to the full
committees.
Sec. 7. Functions of the Council. The Council is hereby authorized
to perform the following functions:
(a) To meet under the chairmanship and upon the call of the Chairman
of the Conference.
(b) To determine the composition of the general membership of the
Conference as provided in section 3 above.
(c) To make appropriate arrangements with the President of the Senate
and the Speaker of the House of Representatives for participation in the
activities of the Conference by interested committees of the Congress.
Representatives of the Congress shall have the privilege of the floor of
the Conference.
(d) To determine the time and place of plenary sessions of the
Conference.
(e) To propose bylaws and regulations, including rules of procedure
and committee organization, for adoption by the Conference.
(f) To propose to the Conference the matters concerning which the
Conference and its committees shall conduct investigations and studies.
(g) To receive and consider reports of committees of the Conference
and proposals adopted by the Conference, and to transmit them to the
President together with the views of the Council concerning such
matters.
Sec. 8. Cooperation of Federal agencies. All executive departments
and administrative agencies of the Federal Government are authorized and
directed to cooperate with the Conference and to furnish such
information and assistance not inconsistent with law as may reasonably
be required in the performance of its functions.
Sec. 9. Expenditures of the Conference. Each executive department
and administrative agency which is represented by one or more members of
the Conference named or designated as provided in section 3 of this
order shall, as may be necessary for the purpose of effectuating the
provisions of this order, furnish assistance to the Conference in
accordance with section 214 of the act of May 3, 1945, 59 Stat. 134 (31
U.S.C. 691). Such assistance may include detailing employees to the
Conference to perform such functions consistent with the purposes of
this order as the Conference may assign to them.
THE WHITE HOUSE,
April 13, 1961.
JOHN F. KENNEDY.
Executive Order No. 10933, 26 F.R. 3185, April 14, 1961
By virtue of the authority vested in me as President of the United
States, Emergency Board No. 136 created pursuant to Executive Order
10923 /1/ is hereby authorized to make its report to the President as
provided in Section 10 of the Railway Labor Act, as amended (45 U.S.C.
160), /2/ on any day prior to May 24, 1961. The thirty-day period
following the report of the Emergency Board provided under Section 10 of
the Railway Labor Act as amended, shall be deemed to be included in the
extension of time provided by this Order.
THE WHITE HOUSE,
April 12, 1961.
JOHN F. KENNEDY.
/1/ 1961 U.S.Code Cong.& Adm.News, p. 1273.
/2/ 45 U.S.C.A. 160.
Executive Order No. 10932, 26 F.R. 3051, April 11, 1961, CERTAIN
NATIONAL FORESTS
WHEREAS certain areas of land chiefly in private ownership were
included within the exterior boundaries of certain national forests in
the States of Illinois, Michigan, Missouri, and Wisconsin, in
anticipation of acquisition of such lands by the United States for
national-forest purposes, pursuant to section 7 of the act of March 1,
1911, 36 Stat. 962, as amended (16 U.S.C. 516); /10/ and
WHEREAS, because of changes in land use and for other reasons, it is
no longer desirable that such lands be acquired for national-forest
purposes and they may properly be excluded from the exterior boundaries
of the national forests:
NOW, THEREFORE, by virtue of the authority vested in me by the act of
June 4, 1897 (30 Stat. 34, 36; 16 U.S.C. 473), /11/ and as President of
the United States, and upon the recommendation of the Secretary of
Agriculture, it is ordered as follows:
The exterior boundaries of (1) the Chequamegon National Forest,
Wisconsin, as described by Proclamation No. 2061 of November 13, 1933
(48 Stat. 1716), and modified by Executive Order No. 6886 of October 27,
1934, Proclamation No. 2218 of December 31, 1936 (50 Stat. 1806),
Executive Order No. 10374 of July 15, 1952 (17 F.R. 6457), and Public
Land Order No. 1359 of November 5, 1956 (21 F.R. 8748); (2) the Clark
National Forest, Missouri, as described by Proclamation No. 2363 of
September 11, 1939 (54 Stat. 2657); (3) the Hiawatha National Forest,
Michigan, as described by Proclamation No. 1931 of January 16, 1931 (46
Stat. 3043), and modified by Proclamation No. 2318 of January 3, 1939
(53 Stat. 2518); (4) the Huron National Forest, Michigan, as described
by Proclamation No. 1844 of July 30, 1928 (45 Stat. 2959), as modified
by Proclamation No. 2384 of January 31, 1940 (54 Stat. 2684), and Public
Land Order No. 201 of January 12, 1944 (9 F.R. 797); (5) the Marquette
National Forest, Michigan, as described by Proclamation No. 1938 of
February 12, 1931 (46 Stat. 3050), as modified by the act of May 28,
1935 (49 Stat. 307), Proclamation No. 2313 of November 25, 1938 )53
Stat. 2505), Proclamation No. 2319 of January 11, 1939 (53 Stat. 2520),
Proclamation No. 2336 of May 11, 1939 (53 Stat. 2541), and Public Land
Order No. 523 of October 4, 1948 (13 F.R. 5950); (6) the Mark Twain
National Forest, Missouri, as described by Proclamation No. 2362 of
September 11, 1939 (54 Stat. 2655); (7) the Nicolet National Forest,
Wisconsin, as described by Proclamation No. 2035 of March 2, 1933 (47
Stat. 2561), as modified by Proclamation No. 2060 of November 13, 1933
(48 Stat. 1715), Executive Order No. 6886 of October 27, 1934, Executive
Order No. 7359 of May 5, 1936, Proclamation No. 2219 of December 31,
1936 (50 Stat. 1807), Administrative Order of the Secretary of
Agriculture of May 13, 1949 (14 F.R. 2647), and Executive Order No.
10374 of July 15, 1952 (17 F.R. 6457); (8) the Ottawa National Forest,
Michigan, as described by Proclamation No. 1932 of January 27, 1931 (46
Stat. 3044), as modified by Proclamation No. 2220 of January 11, 1937
(50 Stat. 1808), and Public Land Order No. 357 of March 17, 1947 (12
F.R. 1943); and (9) the Shawnee National Forest, Illinois, as described
by Proclamation No. 2357 of September 6, 1939 (54 Stat. 2649), are
hereby modified to exclude therefrom the following described lands:
WISCONSIN
T. 33, N., R. 3 W., secs. 2, 3, 10, 11, 14, 22 and 23.
T. 35 N., R. 1 E., secs. 1, 2, 33, 12; sec. 13, N1/2, N1/2SW1/4,
SE1/4; sec. 14.
T. 36 N., R. 1 E., sec. 25, N1/2, N1/2SW1/4, SE1/4SW1/4, SE1/4;
secs. 26, 35 and 36.
T. 33 N., R. 4 E., sec. 4; sec. 5 except E1/2 Lot 3 NE 1/4; secs. 6
and 7.
T. 34 N., R. 4 E., Sec. 1; sec. 2, entire section except the W1/2
Lot 3 of NW1/4; sec. 3, entire section except E3/4 of Lot 3 and the
E3/4 of Lot 2 of NW1/4; secs. 4 to 11, inclusive; sec. 12, N1/2,
SW1/4, NE1/4SE1/4; sec. 13, S1/2NE1/4, w1/2, SE1/4; secs. 14 and 15;
sec. 16, E1/2, W1.2NW1/4, SW1/4; sec. 17, NE1/4, W1/2W1/2, E1/2SE1/4,
SW1/4SE1/4; sec. 18, S1/2NE1/4, NW1/4, SW1/4 except Lot 1; sec. 19;
sec. 20, E1/2, E1/2NW1/4, NW1/4NW1/4, SW1/4; secs. 21, 28 and 29; sec.
30, E1/2NE1/4, NW1/4NE1/4, N1/2NW1/4, SW1/4NW1/4, W1/2SW1/4, sec. 31;
sec. 32, E1/2NE1/4, NW1/4NE1/4, W1/2, SE1/4; sec. 33.
T. 35 N., R. 4 E., sec. 1; sec. 2, N1/2, SW1/4, W1/2SE1/4; secs. 3
to 10, inclusive; sec. 11, N1/2, SW1/4, W1/2SE1/4, SE1/4SE1/4; secs.
12 to 22, inclusive; sec. 23, N1/2, E1/2SW1/4, SW1/4SW1/4, SE1/4;
secs. 24 and 25; sec. 26, N1/2NE1/4, W1/2, SE1/4; sec. 27, NW1/4NE1/4,
W1/2, SE1/4; sec. 27, NW1/4NE1/4, W1/2, SE1/4; sec. 28, N1/2, SE1/4;
sec. 29, N1/2, SW1/4; secs. 30 and 31; sec. 32, SW1/4NE1/4, W1/2,
SE1/4; sec. 34, N1/2NE1/4, E1/2NW1/4, NW1/4SW1/4; sec. 35, N1/2,
N1/2SW1/4, SE1/4SW1/4, SE1/4; sec. 36.
T. 25 N., R. 5 E., secs. 1, 12, 13, 24, 25, and 36.
T. 33 N., R. 5 E., secs. 1, 2, and 3.
T. 34 N., R. 5 E., secs. 1 to 6, inclusive; sec. 7, NE1/4,
N1/2NW1/4, N1/2SW1/4, SW1/4SW1/4, E1/2SE1/4; secs. 8 to 17, inclusive;
sec. 18, S1/2NE1/4, NW1/4 except S1/2 Lot 2, S1/2; secs. 19 and 20;
sec. 21, NE1/4, E1/2NW1/4, SW1/4NW1/4, SW1/4, W1/2SE1/4, SE1/4SE1/4;
secs. 22 and 23; sec. 24, E1/2NE1/4, E1/2NW1/4, NW1/4NW1/4, S1/2;
secs. 25 to 28, inclusive; sec. 29, E1/2NE1/4, NW1/4NE1/4, W1/2, SE1/4;
secs. 40 to 36, inclusive.
T. 25 N., R. 6 E., secs. 5 to 9, inclusive, secs. 13 to 18,
inclusive, and sec. 24.
T. 34 N., R. 6 E., secs. 1 to 7, inclusive; sec. 8, N1/2, SW1/4,
W1/2SE1/4, SE1/4SE1/4;
sec. 9, N1/2, E1/2SW1/4, SW1/4SW1/4, SE1/4; secs. 10 to 23, inclusive;
sec. 24, N1/2NE1/4, SW1/4NE1/4, W1/2, SE1/4; secs. 25 to 36, inclusive.
T. 25 N., R. 7 E., secs. 18 and 19.
T. 34 N., R. 7 E., secs. 2 to 11, inclusive, secs. 14 to 23,
inclusive and secs. 26 to 35, inclusive.
T. 35 N., R. 7 E., secs. 1 to 4, inclusive, secs. 9 to 12, inclusive;
sec. 15, E1/2, NE1/4NW1/4, W1/2SW1/4, SE1/4SW1/4; secs. 16, 21, 22,
27, 28, 33 and 34.
T. 33 N., R. 8 E., secs. 1, 2, secs. 11 to 14, inclusive, secs. 23 to
26, inclusive, and those parts of secs. 3, 10 and 15 lying in Perry
County.
T. 34 N., R. 8 E., secs. 12 to 14, inclusive, secs. 22 to 26,
inclusive, sec. 27, E1/2, S1/2NW1/4, N1/2SW1/4, SE1/4SW1/4, secs. 34 to
36, inclusive, and those parts of secs. 1, 11 and 15 lying in Perry
County.
T. 35 N., R. 8 E., sec. 1, N1/2, SW1/4, N1/2SE1/4, SW1/4SE1/4; secs.
2 tu 7, inclusive, and that part of sec. 36 lying in Perry County.
T. 34 N., R. 9 E., secs. 1 to 3, inclusive; sec. 4, N1/2, N1/2SW1/4,
SW1/4SW1/4, E1/2SE1/4; sec. 5, N1/2, N1/2S1/2, S1/2SE1/4; secs. 6 to
8, inclusive; sec. 9, S1/2; secs. 10 to 16, inclusive; sec. 17, N1/2,
SW1/4, SW1/4SE1/4; secs. 18 and 19; sec. 20, NW1/4NE1/4, N1/2NW1/4,
SW1/4NW1/4, s1/2; sec. 21, SW1/4NW1/4, W1/2SW1/4, E1/2SE1/4; secs. 23
to 36, inclusive.
T. 27 N., R. 1 W., secs. 24 to 26, inclusive, except that part of the
NW1/4 and the N1/2SW1/4 of sec. 24 lying east of the Current River.
T. 30 N., R. 2 W., sec. 4, E1/2NE; secs. 5 to 9, inclusive, secs. 16
to 21, inclusive, and secs. 28 to 33, inclusive.
T. 30 N., R. 3 W.
T. 36 N., R. 3 W., secs. 4, 9 and 16.
T. 37 N., R. 3 W., secs. 4, 9, 16, 21, 29 and 33.
T. 30 N., R. 4 W., secs. 1 to 4, inclusive, secs. 9 to 16, inclusive,
secs. 21 to 28, inclusive, and secs. 33 to 36, inclusive.
T. 31 N., r. 3 W., secs. 1 to 5, inclusive, secs. 8 to 17, inclusive,
secs. 20 to 29, inclusive, and secs. 32 to 36, inclusive.
T. 32 N., R. 4 W., sec. 6; sec. 7, N1/2, SW1/4, W1/2SE1/4,
SE1/4SE1/4,
T. 33 N., R. 4 W., sec. 5, E1/2, NW1/4 except E1/2 of Lots 1 and 2,
SW1/4; sec. 6, N1/2, N1/2SW1/4, SW1/4SW1/4, N1/2SE1/4; sec. 7,
SE1/4NE1/4 NW1/4 except Lot 2, S1/2; secs. 8, 17, 18, 19, and 30; sec.
31, N1/2, SW1/4 N1/2SE1/4, SW1/4SE1/4.
T. 34 N., R. 4 W., sec. 6, N1/2, SW1/4, W1/2SE1/4; sec. 7; sec.
except Lots 2 and 3 of the SW1/4; sec. 19 except Lots 1 and 3 of the
NW1/4 and Lot 3 of the SW1/4; sec. 20; secs. 29 and 30; sec. 31,
SE1/4NE1/4 w1/4 SW1/4 except Lot 3, SE1/4; sec. 32.
MICHIGAN
T. 46 N., R. 19 W., sec. 1; sec. 2, E1/2, NW1/4, N1/2SW1/4,
N1/2SW1/4SW1/4, SW1/4SW1/4SW1/4, N1/2se1/4sw1/4, SE1/4SE1/4SW1/4, SE1/4;
secs. 3 and 10; sec. 11, E1/2, E1/2NE1/4NW1/4, SW1/4NE1/4NW1/4,
NW1/4NW1/4NW1/4, S1/2NW1/4NW1/4, S1/2NW1/4, SW1/4; secs. 12 to 15,
inclusive.
T. 47 N., R. 19 W., secs. 35 and 36.
T. 44 N., R. 21 W., sec. 1, N1/2, SW1/4, N1/2SE1/4, SE1/4SE1/4;
secs. 2 and 3; secs. 10 to 15, inclusive; secs. 22 to 24, inclusive;
sec. 25, N1/2, SW1/4, W1/2SE1/4; secs. 26, 27, 34 and 35; sec. 36,
W1/2NE1/4, W1/2, W1/2SE1/4, SE1/4SE1/4.
T. 45 N., R. 21 W., E1/2 of township, except the island within the
lake in section 24.
T. 47 N., R. 21 W., secs. 5 to 9, inclusive; sec. 16, E1/2, NW1/4,
N1/2SW1/4, SE1/4SW1/4; sec. 17, E1/2, NW1/4, W1/2SW1/4, SE1/4SW1/4;
sec. 18.
T. 48 N., R. 21 W., secs. 30, 31, and 32.
T. 43 N., R. 22 W., sec. 1, N1/2NE1/4, W1/2, W1/2SE1/4, SE1/4SE1/4;
sec. 2; sec. 3, NE1/4, S1/2NW1/4, W1/2SW1/4, SE1/4SW1/4, E1/2SE1/4,
SW1/4SE1/4; secs. 4 to 9, inclusive; sec. 10, E1/2, W1/2NW1/4,
E1/2SW1/4, SW1/4SW1/4; secs. 11 to 14, inclusive; sec. 15, NW1/4NE1/4,
SE1/4NE1/4, W1/2, SE1/4; secs. 16 to 21, inclusive; sec. 22,
N1/2NE1/4, SE1/4NE1/4, W1/2, SE1/4; sec. 23, E1/2, E1/2W1/2, W1/2SW1/4;
secs. 24 and 25; sec. 26, SW1/4NE1/4, NW1/4, NE1/4SW1/4, SE1/4; sec.
27; sec. 28, E1/2NE1/4, SW1/4NE1/4, W1/2, SE1/4; secs. 29 to 33,
inclusive; sec. 34, E1/2, S1/2NW1/4, SW1/4; secs. 35 and 36.
T. 26 N., R. e 2., That part of the township lying north of the Au
Sable River.
T. 27, N., R. 4 E., secs. 1 to 4, inclusive; sec. 5, N1/2, SW1/4,
W1/2SE1/4, SE1/4SE1/4; sec. 6; secs. 10 to 15, inclusive.
T. 27 N., R. 5 E., secs. 1 to 12, inclusive; sec. 13, W1/2; secs.
14 to 18, inclusive.
T. 27 N., R. 6 E., secs. 1 to 3, inclusive; sec. 4, N1/2NE1/4,
SE1/4NE1/4, W1/2, SE1/4; secs. 5 and 6; sec. 7, NE1/4, N1/2NW1/4,
SW1/4NW1/4, S1/2; sec. 8, W1/2, SE1/4; secs. 9 to 18, inclusive.
T. 27 N., R. 7 E., secs. 1 to 18, inclusive.
T. 25 N., R. 8 E., sec. 2; sec. 3, N1/2, NE1/4SW1/4, SE1/4; sec. 4,
NE1/4, W1/2NW1/4, SE1/4NW1/4, S1/2; sec. 5, E1/2; Sec. 8, E1/2; sec.
9; sec. 10, NE1/4, SW1/4, E1/2SE1/4; sec. 11, E1/2, E1/2W1/2,
SW1/4NW1/4, NW1/4SW1/4; Sec. 14, E1/2, SE1/4NW1/4, SE1/4SW1/4,
W1/2W1/2; sec. 15, NE1/4, W1/2, W1/2SE1/4; sec. 16, E1/2,
S1/2NE1/4NW1/4, SW1/4NW1/4, W1/2NW1/4, SW1/4; sec. 17, NE1/4,
E1/2SE1/4, NW1/4SE1/4.
T. 26 N., R. 8 E., sec. 3, E1/2, E1/2W1/2, SW1/4NW1/4, W1/2SW1/4;
sec. 10 and 14; sec. 15, E1/2, NW1/4, E1/2SW1/4, SW1/4SW1/4; sec. 20,
E1/2; secs. 21 to 23, inclusive; secs. 26 to 28, inclusive; sec. 29,
E1/2; sec. 32, E1/2; secs. 33 to 35, inclusive.
T. 27 N., R. 8 E., sec. 1, NE1/4, S1/2NW1/4, SW1/4, NE1/4SE1/4,
S1/2SE1/4; sec. 2, NW1/4NW1/4, S1/2NE1/4, W1/2, SE1/4; secs. 3 to 8,
inclusive; sec. 9, N1/2, SE1/4SW1/4, N1/2SE1/4; sec. 10, NE1/4,
E1/2NW1/4, N1/2SW1/4, SE1/4SW1/4, SE1/4; sec. 11; sec. 12, E1/2,
N1/2NW1/4, SW1/4NW1/4, SW1/4; sec. 13, E1/2NE1/4, SW1/4NE1/4, NW1/4,
N1/2SE1/4SE1/4, SE1/4; sec. 14, N1/2NE1/4, SE1/4NE1/4, W1/2, SE1/4;
sec. 15, E1/2, E1/2NW1/4, SW1/4NW1/4, SW1/4; sec. 16, E1/2NE1/4,
NE1/4NW1/4, SW1/4; E1/2SE1/4, SW1/4SE1/4; sec. 17, E1/2NW1/4,
SW1/4NW1/4, SW1/4, S1/2SE1/4; sec. 18; sec. 22, N1/2NE1/4, SW1/4NE1/4,
W1/2, W1/2SE1/4, SE1/4SE1/4;
sec. 27, E1/2, NE1/4NW1/4, S1/2NW1/4, SW1/4; sec. 34.
MICHIGAN
T. 43 N., R. 2 W., sec. 1, N1/2, SW1/4; sec. 2, NE1/4, S1/2SW1/4,
NE1/4SE1/4, S1/2SE1/4; sec. 3, SW1/4NE1/4, S1/2; sec. 10; sec. 11,
W1/2, SE1/4; sec. 12, S1/2NE1/4, W1/2, SE1/4; sec. 13, E1/2NE1/4,
W1/2NW1/4, S1/2; secs. 14 and 15; secs. 22 to 26, inclusive; sec. 27,
W1/2NE1/4, SE1/4NE1/4, NW1/4, SE1/4; secs. 34 and 35; sec. 36,
N1/2NE1/4, SW1/4NE1/4, W1/2, SE1/4.
MISSOURI
T. 34 N., R. 8 W.
T. 35 N., R. 8 W., E1/2 of township.
T. 36 N., R. 8 W., secs. 1 to 3, inclusive, secs. 10 to 12,
inclusive; sec. 13, E1/2NE1/4, SW1/4NE1/4, W1/2, SE1/4; secs. 14 and
15; secs. 22 to 26, inclusive; sec. 27, E1/2, W1/2NW1/4, SE1/4NW1/4,
SW1/4; sec. 34; sec. 35, E1/2, NW1/4; sec. 36.
T. 37 N., R. 8 W., secs. 4 to 0, inclusive, secs. 14 to 18,
inclusive, secs. 22, 23, 26, 27, 34 and 35.
T. 25 N., R. 9 W., secs. 1 to 3, inclusive, secs. 10 to 16,
inclusive, and secs. 21 to 36, inclusive.
T. 26 N., R. 9 W., sec. 1; sec. 2, NE1/4 except the E1/2 of Lot 1 of
the NE1/4, W1/2, W1/2SE1/4; secs. 3 to 9, inclusive; sec. 10, N1/2,
SW1/4SW1/4, N1/2SE1/4; sec. 11; sec. 12, E1/2NE1/4, NW1/4NE1/4, W1/2,
E1/2SE1/4; secs. 14 to 16, inclusive; sec. 17, N1/2, SE1/4; sec. 18,
N1/2; sec. 21, N1/2; secs. 22 and 23; sec. 24, N1/2, SW1/4,
S1/2SE1/4; secs. 25 to 27, inclusive; secs. 34 to 36, inclusive.
T. 34 N., R. 9 W., E1/2 of township.
T. 37 N., R. 9 W., secs. 1, 2, 11, and 12.
T. 24 N., R. 10 W., sec. 1 and 12; sec. 13, N1/2, W1/2SW1/4,
E1/2SE1/4, SW1/4SE1/4; secs. 20 to 22, inclusive; sec. 23, W1/2NW1/4,
SE1/4NW1/4, W1/2SW1/4, SE1/4SE1/4, E1/2SE1/4, SW1/4SE1/4; sec. 24,
N1/2NW1/4, SW1/4NW1/4, S1/2; secs. 25 to 29, inclusive; secs. 32 to 36
inclusive.
T. 26 N., R. 10 W., secs. 1 and 12; sec. 13, N1/2.
T. 27 N., R. 10 W., secs. 13, 24, 25, and 36.
T. 32 N., R. 10 W., sec. 30, W1/2; sec. 31, W1/2.
T. 37 N., R. 10 W., secs. 1 and 2, those parts lying north and west
of the Gasconade River; secs. 3 and 10; secs. 11, 12, 13, 14, 15, 23,
and 24, those parts lying north and west of the Gasconade River.
T. 24 N., R. 11 W., secs. 6 and 7; sec. 18, W1/2; sec. 19, W1/2;
sec. 30, W1/2; sec. 31, W1/2.
T. 27 N., R. 11 W., secs. 6 and 7.
T. 32 N., R. 11 W., sec. 3, N1/2, SW1/4, N1/2SE1/4, SW1/4SE1/4,
W1/2SE1/4SE1/4; sec. 4; sec. 5, NE1/4 except the E1/2 of Lot 2 of the
NE1/4, W1/2, SE1/4; sec. 6, E1/2, NW1/4 except Lot 2 of the NW1/4,
SW1/4; sec. 7; sec. 8, E1/2NE1/4, SW1/4NE1/4, W1/2, SE1/4; sec. 9;
sec. 10, W1/2; sec. 15, NW1/4; sec. 16, N1/2, SW1/4, N1/2SE1/4,
SW1/4SE1/4; sec. 17; sec. 18, E1/2, NW1/4 except the S1/2 of Lot 2 of
the NW1/4, SW1/4 except Lot 1 and the N1/2 of Lot 2; secs. 19 to 21,
inclusive; secs. 25 to 34, inclusive; sec. 35, S1/2NE1/4, W1/2NW1/4,
W1/2SW1/4, SE1/4SW1/4, SE1/4; sec. 36.
T. 27 N., R. 12 W., secs. 1 to 10, inclusive; sec. 20, N1/2, SW1/4,
NW1/4SE1/4; secs. 21 to 36, inclusive.
T. 31 N., R. 12 W., secs. 19 and 20; sec. 29, N1/2NE1/4, W1/2,
SE1/4; sec. 30.
T. 31 N., R. 13 W., secs. 3, 10, 15, and secs. 22 to 25, inclusive.
T. 32 N., R. 13 W., secs. 22, 27, and 34.
T. 34 N., R. 13 W., sec. 5, that part lying north of the Gasconade
River.
T. 35 N., R. 13 W., secs. 4 to 9, inclusive; secs. 16 to 18,
inclusive; secs. 19 and 20, those parts lying north or east of the
Gasconade River; secs. 21 and 28; secs. 29, 31, 32 and 33, those parts
lying north or east of the Gasconade River.
T. 23 N., R. 15 W., sec. 1; sec. 4, W1/2; sec. 5, N1/2, N1/2SW1/4,
SW1/4SW1/4, SE1/4; secs. 6 and 12.
T. 24 N., R. 15 W., secs. 1 and 2; sec. 3, S1/2; sec. 4, S1/2;
secs. 9 to 11, inclusive; sec. 12, N1/2, SW1/4, N1/2NE1/4SE1/4,
W1/2SE1/4, SE1/4SE1/4; sec. 13, W1/2NE1/4, SE1/4NE1/4, W1/2, SE1/4;
secs. 14, 15 and 16; sec. 17, E1/2, S1/2NW1/4, SW1/4; sec. 18,
E1/2NE1/4, SW1/4NE1/4, W1/2, SE1/4; sec. 19; sec. 20, N1/2, E1/2SW1/4,
SW1/4SW1/4, SE1/4; secs. 21 to 23, inclusive; sec. 24, N1/2, SW1/4,
N1/2SE1/4; sec. 25, S1/2NE1/4, W1/2, SE1/4; sec. 26 to 36, inclusive.
T. 24 N., R. 16 W., sec. 13, N1/2, SW1/4, W1/2SE1/4, SE1/4SE1/4;
sec. 24; sec. 25, N1/2, SW1/4, W1/2SE1/4, SE1/4SE1/4; sec. 36.
T. 25 N., R. 16 W., secs. 1 to 28, inclusive; sec. 29, N1/2NE1/4,
SE1/4NE1/4, W1/2, S1/2SE1/4; secs. 30 to 32, inclusive; sec. 33, N1/2,
N1/2SW1/4, SW1/4SW1/4, N1/2SE1/4, SE1/4SE1/4; secs. 34 to 36,
inclusive.
T. 24 N., R. 17 W., secs. 1 to 4, inclusive, and secs. 9 to 12,
inclusive.
T. 25 N., R. 17 W., secs. 13 to 29, inclusive, and secs. 32 to 36,
inclusive.
T. 25 N., R. 18 W., sec. 13, N1/2, SW1/4, SE1/4SE1/4; sec. 14, N1/2,
SW1/4, W1/2SE1/4, SE1/4SE1/4; sec. 15, N1/2, E1/2SW1/4, SW1/4SW1/4,
SE1/4; sec. 22; sec. 23, N1/2, SW1/4, W1/2SE1/4, SE1/4SE1/4; sec. 24,
NE1/4, E1/2NW1/4, NW1/4NW1/4, SW1/5SW1/4, SE1/4.
T. 24 N., R. 19 W., sec. 3, N1/2, SW1/4, NW1/4SE1/4; secs. 4, 9, 10,
15, 16, 21, 22, 27, 29, 33 and 34.
T. 25 N., R. 19 W., sec. 33, SE1/4.
T. 26 N., R. 19 W., sec. 3, W1/2; sec. 10, W1/2; sec. 15, W1/2;
sec. 19; sec. 20, E1/2NW1/4, NW1/4NW1/4, SW1/4;
sec. 29, W1/2; sec. 30; sec. 31, N1/2; sec. 32, NW1/4.
T. 26 N., R. 20 W., secs. 19 and 20; sec. 21, W1/2; sec. 28,
E1/2W1/2, NW1/4NW1/4, W1/2SW1/4; sec. 29, E1/2, NW1/4, N1/2SW1/4,
SE1/4SW1/4; sec. 30; sec. 31, W1/2.
WISCONSIN
T. 37 N., R. 14 E., secs. 1 to 4, inclusive; sec. 5, E1/2, NW1/4,
E1/2SW1/4, SW1/4SW1/4; secs. 7 to 24, inclusive; sec. 25, N1/2NE1/4,
W1/2, SE1/4; secs. 26 to 30, inclusive; sec. 31, E1/2, NW1/4,
N1/2SW1/5, SE1/4SW1/4; secs. 32 to 35, inclusive; sec. 36, N1/2,
SW1/4.
T. 38 N., R. 16 E., sec. 3, E1/2; sec. 5, W1/2; secs. 6, 10, 15,
22, 27.
T. 39 N., R. 16 E., secs. 1 to 3, inclusive; sec. 4, N1/2, SW1/4,
E1/2SE1/4, SW1/4SE1/4; sec. 8; sec. 9, NW1/4NE1/4, W1/2, SE1/4; secs.
10 to 17, inclusive; sec. 18, E1/2; sec. 19, E1/2, N1/2NW1/4,
SE1/4NW1/4, SW1/4; secs. 20 and 21; sec. 22, NE1/4, E1/2NW1/4, S1/2;
sec. 23; sec. 24, E1/2, NW1/4, E1/2SW1/4; sec. 25, N1/2NE1/4, W1/2,
SE1/4; sec. 26, N1/2NE1/4, SE1/4NE1/4, W1/2, SE1/4; secs. 27 to 35,
inclusive; sec. 36, NW1/4NW1/4 SW1/4, N1/2SE1/4, SW1/4SE1/4.
T. 40 N., R. 16 E., sec. 25, E1/2; sec. 35, E1/2, E1/2NW1/4, SW1/4;
sec. 36.
MICHIGAN
T. 50 N., R. 37 W., secs. 7, 18 and 19; sec. 30, N1/2, SW1/4,
W1/2SE1/4, SE1/4SE1/4; sec. 31, N1/2.
T. 50 N., R. 38 W., secs. 1 to 18, inclusive; sec. 19, E1/2NE1/4,
NE1/4NW1/4, S1/2; secs. 20 to 22, inclusive;
sec. 23, N1/2, SW1/4, N1/2SE1/4, SE1/4SE1/4; secs. 24 to 30, inclusive;
sec. 32, E1/2; sec. 33, NE1/4, N1/2NE1/4NW1/4, W1/2NW1/4, SW1/4,
W1/2SE1/4, SE1/4SE1/4; sec. 34, N1/2, N1/2SW1/4, SE1/4SW1/4, SE1/4;
secs. 35 and 36.
T. 50 N., R. 39 W., secs. 1 and 2; sec. 3, N1/2, NE1/4SW1/4, SE1/4;
secs. 4 to 15, inclusive; sec. 16, N1/2, SE1/4; secs. 17 to 30,
inclusive.
T. 50 N., R. 40 W., secs. 1, 2 and 12, those parts lying north of the
Ontonagon River.
T. 50 N., R. 41 W., sec. 6; sec. 7, N1/2, SW1/4, N1/2SE1/4.
T. 51 N., R. 41 W.
T. 50 N., R. 42 W., secs. 1 to 16, inclusive; sec. 17, N1/2; secs.
21 to 27, inclusive.
T. 51 N., R. 42 W.
T. 50 N., R. 43 W., secs. 1 to 8, inclusive; sec. 9, N1/2, SW1/4;
sec. 10, N1/2; sec. 11, N1/2; sec. 12, N1/2.
T. 51 N., R. 43 W.
T. 50 N., R. 44 W., secs. 1 to 22, inclusive.
T. 51 N., 4. 44 W.
T. 45 N., R. 45 W., Entire township except Lot 6 of Section 2.
T. 46 N., R. 45 W.
T. 47 N., R. 45 W., secs. 19 to 21, inclusive, and secs. 28 to 33,
inclusive.
T. 49 N., R. 45 W., secs. 4 and 5.
T. 50 N., R. 45 W., secs. 1 to 20, inclusive; sec. 21, N1/2, SW1/4;
sec. 22, NW1/4; sec. 24, NE1/4; sec. 29, N1/2, SW1/4; secs. 30 to 32,
inclusive; sec. 33, S1/2.
T. 45 N., R. 46 W.
T. 46 N., R. 46 W.
T. 47 N., R. 46 W., secs. 21 to 29, inclusive, and secs. 31 to 35,
inclusive; sec. 36, N1/2, SW1/4, W1/2SE1/4, SE1/4SE1/4.
T. 46 N., R. 47 W.
T. 47 N., R. 48 W., secs. 1 and 2, those parts lying north of the
Montreal River.
T. 48 N., R. 48 W., sec. 1; sec. 2, N1/2, SW1/4, N1/2SE1/4,
SW1/4SE1/4; secs. 3 to 9, inclusive, secs. 11 to 35, inclusive.
T. 49 N., R. 48 W.
T. 48 N., R. 49 W., Entire township except Lot 2 of Section 10.
ILLINOIS
T. 13 S., R. 4 E., sec. 25, SW1/4; sec. 26, S1/2; sec. 35, N1/2,
N1/2SW1/4, SE1/4SW1/4, SE1/4; sec. 36, W1/2.
T. 10 S., R. 5 E., sec. 23; sec. 24, N1/2NE1/4NE1/4, W1/2NE1/4,
S1/2SE1/4NE1/4, NW1/4, S1/2; secs. 31, 32 and 33.
T. 14 S., R. 5 E., secs. 3, 4; sec. 5, NE1/4, N1/2NW1/4, SW1/4NW1/4,
S1/2; sec. 6, E1/2NE1/4, SW1/4NE1/4, W1/2, SE1/4; secs. 7 to 10,
inclusive; secs. 15 to 18, inclusive; sec. 19, N1/2, SW1/4, N1/2SE1/4,
SW1/4SE1/4; sec. 20; sec. 21, N1/2, SW1/4, W1/2SE1/4; sec. 22, NW1/4,
N1/2SW1/4, SE1/4SW1/4; sec. 27, E1/2W1/2, SW1/4NW1/4, W1/2SW1/4; sec.
28, N1/2, N1/2SW1/4, SE1/4SW1/4, SE1/4; sec. 29, NE1/4NE1/4, W1/2E1/2,
W1/2; sec. 30, W1/2NE1/4, W1/2, E1/2SE1/4; secs. 31 to 33, inclusive;
sec. 34, W1/2.
T. 15 S., R. 5 E., secs. 2 to 11, inclusive, and secs. 13 to 18,
inclusive.
T. 10 S., R. 6 E., secs. 19 to 24, inclusive.
T. 15 S., R. 6 E., secs. 19, 20, and secs. 28 to 33, inclusive.
T. 10 S., R. 7 E., sec. 4; sec. 5, N1/2, SW1/4, N1/2SE1/4,
SW1/4SE1/4; sec. 6, N1/2, W1/2SW1/4, SE1/4SW1/4, E1/2SE1/4, SW1/4SE1/4;
sec. 7; sec. 8, W1/2NE1/4, SE1/4NE1/4, W1/2, SE1/4; secs. 17 to 19,
inclusive.
T. 12 S., R. 7 E., secs. 23 and 24; sec. 25, NW1/4NE1/4, W1/2,
SE1/4; sec. 26, N1/2, SW1/4, N1/2SE1/4, W1/2SW1/4SE1/4, SE1/4SE1/4;
secs. 35 and 36.
T. 13 S., R. 7 E., sec. 1.
T. 12, S., R. 8 E., secs. 13 and 14, secs. 19 to 22, inclusive; sec.
23, N1/2, N1/2SW1/4, SE1/4SW1/4, SE1/4; secs. 24 to 33, inclusive.
T. 13 S., R. 8 E., secs. 4 to 8, inclusive.
T. 12 S., R. 9 E., secs. 1 to 4, inclusive, secs. 8 to 16, inclusive;
sec. 17, N1/2, S1/2SW1/4SW1/4, SE1/4SW1/4, SE1/4;
sec. 18, E1/2, W1/2NW1/4, SW1/4NW1/4, SW1/4; sec. 19; sec. 20, W1/2,
S1/2SE1/4; secs. 21 to 23, inclusive.
T. 14 S., R. 1 W., sec. 7; sec. 8, W1/2NW1/4, SE1/4NW1/4, S1/2SW1/4;
sec. 9; secs. 16 to 18, inclusive.
T. 15 S., R. 1 W., secs. 7, 18, 19, and 30, those parts lying in
Alexander County.
T. 16 S., R. 1 W., secs. 6, 7, and 18, those parts lying in Alexander
County, except the SW1/4NW1/4 of sec. 7.
T. 9 S., R. 2 W., sec. 19, N1/2; sec. 20, N1/2.
T.12 S., R. 2 W., secs. 14, 23, 26, 30, 31; sec. 35, N1/2.
T. 13 S., R. 2 W., secs. 19, 24, 25; sec. 30, N1/2, SW1/4,
N1/2SE1/4, SW1/4SE1/4; sec. 31, N1/2; sec. 36, N1/2.
T. 14, S., R. 2 W., sec. 36.
T. 15 S., R. 2 W., sec. 1, secs. 10 to 15, inclusive, secs. 22 to 25,
inclusive; secs. 26, N1/2, SW1/4, N1/2SE1/4, S1/2SW1/4SE1/4,
SE1/4SE1/4; sec. 36, N1/2, SW1/4, W1/2SE1/4.
T. 16 S., R. 2 W., secs. 1 and 2; sec. 12, NE1/4SW1/4 and that part
of the SE1/4 lying in Alexander County; sec. 13, that part lying in
Alexander County.
T. 8 S., R. 3 W., secs. 20 and 33.
T. 9, S. R. 3 W., secs. 1, 2, 3; sec. 6, S1/2; secs. 7, 10, 11, 18,
19, and 30.
T. 10 S., R. 3 W., sec. 18, SW1/4; sec. 19, W1/2; sec. 16, N1/2,
SW1/4, N1/2SE1/4, SW1/4SE1/4; sec. 17; sec. 18, E1/2, NW1/4 except the
S1/2 of Lot 2 of the NW1/4, SW1/4 except Lot 1 and the N1/2 of Lot 2;
secs. 19 to 21, inclusive; secs. 25 to 34, inclusive; sec. 35,
S1/2NE1/4, W1/2NW1/4, W1/2SW1/4, SE1/4SW1/4, SE1/4; sec. 36.
T. 27 N., R. 12 W., secs. 1 to 19, inclusive; sec. 20, N1/2, S 1/4
NW1/4SE1/4; secs. 21 to 36, inclusive.
T. 31 N., R. 12 W., secs. 19 and 20; sec. 29, N1/2NE1/4, W1/2,
SE1/4; sec. 30.
T. 31 N., R. 13 W., secs. 3, 10, 15, and secs. 22 to 25, inclusive.
T. 32 N., R. 13 W., secs. 22, 27, and 34.
T. 34 N., R. 13 W., sec. 5, that part lying north of the Gasconade
River.
T. 35 N., R. 13 W., secs. 4 to 9, inclusive; secs. 16 to 18,
inclusive; secs. 19 and 20, those parts lying north or east of the
Gasconade River; secs. 21 and 28; secs. 29, 31, 32 and 33, those parts
lying north or east of the Gasconade River.
/10/ 16 U.S.C.A. 516.
/11/ 16 U.S.C.A. 473.
Executive Order No. 10931, 26 F.R. 2677, March 30, 1961
By virtue of the authority vested in me as President of the United
States, it is ordered as follows:
Section 1. Section 1 of Executive Order No. 10673 of July 16, 1956,
as amended, /6/ is hereby further amended to read as follows:
"Section 1. There is hereby established the President's Council on
Youth Fitness (hereinafter referred to as the Council), which shall be
composed of the Secretary of Health, Education, and Welfare, who shall
be the Chairman of the Council, the Secretary of Defense, the Attorney
General, the Secretary of the Interior, the Secretary of Agriculture,
the Secretary of Commerce, the Secretary of Labor, and the Housing and
Home Finance Administrator."
Sec. 2. The following-described orders, amending section 1 of
Executive Order No. 10673, are hereby revoked:
Executive Order No. 10704 of March 25, 1957. /7/
Executive Order No. 10740 of November 21, 1957. /8/
Executive Order No. 10785 of October 17, 1958.
THE WHITE HOUSE,
March 29, 1961.
JOHN F. KENNEDY.
/6/ 1956 U.S.Code Cong.& Adm.News, p. 4950.
/7/ 1957 U.S.Code Cong.& Adm.News, p. 894.
/8/ 1957 U.S.Code Cong.& Adm.News, p. 945.
/9/ 1958 U.S.Code Cong.& Adm.News, p. 5579.
Executive Order No. 10930, 26 F.R. 2583, March 28, 1961
By virtue of the authority vested in me as President of the United
States, it is ordered as follows:
Section 1. The Government Patents Board, established by section 3(a)
of Executive Order No. 10096 of January 23, 1950, /5/ and all positions
established thereunder or pursuant thereto are hereby abolished.
Sec. 2. All functions of the Government Patents Board and of the
Chairman thereof under the said Executive Order No. 10096, except the
functions of conference and consultation between the Board and the
Chairman, are hereby transferred to the Secretary of Commerce, who may
provide for the performance of such transferred functions by such
officer, employee, or agency of the Department of Commerce as he may
designate.
Sec. 3. The Secretary of Commerce shall make such provision as may
be necessary and consonant with law for the disposition or transfer of
property, personnel, records, and funds of the Government Patents Board.
Sec. 4. Except to the extent that they may be inconsistent with this
order, all determinations, regulations, rules, rulings, orders, and
other actions made or issued by the Government Patents Board, or by any
Government agency with respect to any function transferred by this
order, shall continue in full force and effect until amended, modified,
or revoked by appropriate authority.
Sec. 5. Subsections (a) and (c) of section 3 of Executive Order No.
10096 are hereby revoked, and all other provisions of that order are
hereby amended to the extent that they are inconsistent with the
provisions of this order.
THE WHITE HOUSE,
March 24, 1961.
JOHN F. KENNEDY
/5/ 35 U.S.C.A. 266 note.
Executive Order No. 10929, 26 F.R. 2583, March 28, 1961, CONTROVERSY
BETWEEN CARRIERS
By virtue of the authority vested in me as President of the United
States, it is hereby ordered as follows:
SECTION 1. There is hereby established a Presidential commission to
consider a controversy between, and involving certain proposals of, the
carriers represented by the New York Harbor Conference Carriers'
Committee and certain of their employees represented by Local No. 1,
International Organization of Masters, Mates & Pilots, Local No. 3,
International Organization of Masters, Mates & Pilots, the Marine
Engineers Beneficial Association No. 33, and the Seafarers International
Union of North America, Atlantic and Gulf District, Railroad and Marine
Division, AFL-CIO, all members of the Railroad Marine Harbor Council,
AFL-CIO. The commission shall consist of the chairman of the commission
established by Executive Order No. 10891, who shall also serve as the
chairman of the commission established by this order, and eight other
members who shall be designated by the President as follows: three
members from among persons nominated by the carriers, three members from
among persons nominated by the employees, and two members selected by
the President from among those persons who are members of the commission
established by Executive Order No. 10891 /1/ in pursuance of
Presidential designations made thereunder without nominations.
SEC. 2. The commission is authorized and directed to investigate and
inquire into the issues raised by the aforementioned proposals as set
forth in the notices incorporated in the joint recommendation for
settlement signed and accepted on January 23, 1961, by the parties
involved in the aforementioned controversy, with the objective of making
a report to the President, including its findings and recommendations
with respect to the controversy, and assisting in achieving an amicable
settlement and agreement with respect to issues in dispute between the
parties. In connection with its inquiry, the commission is authorized
to hold such public hearings and to hear such witnesses as it may deem
appropriate. It shall provide a full and fair hearing to the said
parties and shall otherwise endeavor to conform its proceedings and
activities to the understanding upon the basis of which the controversy
is submitted to the commission by the parties thereto.
SEC. 3. The commission shall be separate from the Presidential
commission established by Executive Order No. 10891, but the two
commissions are authorized and directed, under such arrangements as may
be appropriate, to establish and maintain such procedures as may best
promote economy and efficiency in their operations, including the
utilization of staff and facilities.
SEC. 4. All executive departments and agencies of the Federal
Government are authorized and directed to cooperate with the commission
in its work and to furnish the commission with such information and
assistance, not inconsistent with law, as it may require in the
performance of its duties.
SEC. 5. The controversy referred to in Sections 1 and 2 of this
order is hereby found to constitute an emergency affecting the national
interest within the meaning of the provisions appearing under the
heading "Emergency Fund for the President-- National Defense" in Title I
of the General Government Matters Appropriation Act, 1961, 74 Stat. 473,
475, approved July 12, 1960. /2/
The expenditures of the commission may be paid out of an allotment made
by the President from the appropriation made under the aforesaid heading
"Emergency Fund for the President-- National Defense"; and, to the
extent permitted by law, from any corresponding or like appropriation
made available for fiscal years subsequent to fiscal year 1961. Such
payments may be made without regard to the provisions of (a) section
3681 of the Revised Statutes (31 U.S.C. 672), /3/ (b) section 9 of the
Act of March 4, 1909, 35 Stat. 1027 (31 U.S.C. 673), /4/ and (c) such
other provisions of law as the President may hereafter specify. The
members of the commission shall receive such expense allowances as the
President shall hereafter fix. The chairman of the commission and those
other members of the commission who are designated by the President
under section 1 without nominations shall receive such compensation as
the President shall hereafter specify, but no such compensation shall be
payable with respect to any day or other period of service for which
other compensation is payable by the United States.
SEC. 6. The commission shall make a final written report of its
findings and recommendations not later than 60 days after the
Presidential commission established by Executive Order No. 10891 makes
the final report described in section 5 of such order. The commission
shall cease to exist 30 days after the rendition of its final report to
the President.
SEC. 7. Funds may be allotted under section 5 of this order
immediately, such funds to become available for obligation and
expenditure on such date or dates as the President may specify, and
nominations may immediately be submitted and designations of members
made under section 1 of this order, but the provisions of this order
shall otherwise become effective only when all members of the commission
have been designated by the President under section 1 hereof.
THE WHITE HOUSE,
March 24, 1961.
JOHN F. KENNEDY.
/1/ 1960 U.S.Code Cong.& Adm.News, p. 1693.
/2/ 1960 U.S.Code Cong.& Adm. News, p. 540.
/3/ 31 U.S.C.A. 672.
/4/ 31 U.S.C.A. 673.
Executive Order No. 10928, 26 F.R. 2547, March 25, 1961
By virtue of the authority vested in me as President of the United
States, it is ordered as follows:
SECTION 1. The Committee on Government Activities Affecting Prices
and Costs is hereby abolished.
SEC. 2. Executive Order No. 10802 of January 23, 1959, /4/ by which
the said Committee was established, is hereby revoked.
THE WHITE HOUSE
March 23, 1961.
JOHN F. KENNEDY
/4/ 15 U.S.C.A. 1023 note.
Executive Order No. 10927, 26 F.R. 2383, March 22, 1961, FUND-RAISING
ACTIVITIES
By virtue of the authority vested in me as President of the United
States, it is ordered as follows:
SECTION 1. The President's Committee on Fund-Raising Within the
Federal Service, established by Executive Order No. 10728 of September
6, 1957, /3/ is hereby abolished, and that order is hereby revoked.
SEC. 2. (a) The Chairman of the Civil Service Commission shall make
arrangements for such national voluntary health and welfare agencies and
such other national voluntary agencies as may be appropriate to solicit
funds from Federal employees and members of the armed forces at their
places of employment or duty stations.
(b) In making the arrangements required by subsection (a) of this
section, the Chairman of the Civil Service Commission is authorized to
consult with appropriate interested persons and organizations, the
national voluntary agencies, and the executive departments and agencies
concerned. Such arrangements shall (1) permit true voluntary giving and
reserve to the individual the option of disclosing his gift or keeping
it confidential; (2) designate specific periods during which
solicitations may be conducted; and (3) provide for not more than three
solicitations annually, except in cases of emergency or disaster appeals
for which specific provision may be made by the Chairman of the Civil
Service Commission.
SEC. 3. This order shall not apply to solicitations conducted by
organizations composed of civilian employees or members of the armed
forces among their own members for organizational support or for benefit
or welfare funds for their members. Such solicitations shall be
conducted under policies and procedures approved by the head of the
department or agency concerned.
SEC. 4. All records and property of the President's Committee on
Fund-Raising Within the Federal Service are hereby transferred to the
Chairman of the Civil Service Commission.
SEC. 5. This order shall become effective forty-five days after its
date.
THE WHITE HOUSE,
March 18, 1961.
JOHN F. KENNEDY
/3/ 1957 U.S.Code Cong.& Adm.News, p. 929.
Executive Order No. 10926, 26 F.R. 2331, March 21, 1961
By virtue of the authority vested in me by section 10 of the Railway
Labor Act, as amended (45 U.S.C. 160), /1/ and as President of the
United States, I hereby extend until June 20, 1961, the time within
which the emergency board created by Executive Order No. 10919 of
February 17, 1961, /2/ to investigate a dispute between Pan American
World Airways, Inc., and certain of its employees, represented by the
Flight Engineers' International Association, PAA Chapter, a labor
organization, shall report its findings to the President.
THE WHITE HOUSE,
March 18, 1961.
JOHN F. KENNEDY
/1/ 45 U.S.C.A. 160
/2/ 1961 U.S.Cong.& Adm.News, p. 1271.
Executive Order No. 10925, 26 F.R. 1977, March 8, 1961, EQUAL
EMPLOYMENT OPPORTUNITY
WHEREAS discrimination because of race, creed, color, or national
origin is contrary to the Constitutional principles and policies of the
United States; and
WHEREAS it is the plain and positive obligation of the United States
Government to promote and ensure equal opportunity for all qualified
persons, without regard to race, creed, color, or national origin,
employed or seeking employment with the Federal Government and on
government contracts; and
WHEREAS it is the policy of the executive branch of the Government to
encourage by positive measures equal opportunity for all qualified
persons within the Government; and
WHEREAS it is in the general interest and welfare of the United
States to promote its economy, security, and national defense through
the most efficient and effective utilization of all available manpower;
and
WHEREAS a review and analysis of existing Executive orders,
practices, and government agency procedures relating to government
employment and compliance with existing non-discrimination contract
provisions reveal an urgent need for expansion and strengthening of
efforts to promote full equality of employment opportunity; and
WHEREAS a single governmental committee should be charged with
responsibility for accomplishing these objectives:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States by the Constitution and statutes of the United
States, it is ordered as follows:
Section 101. There is hereby established the President's Committee
on Equal Employment Opportunity.
Sec. 102. The Committee shall be composed as follows:
(a) The Vice President of the United States, who is hereby designated
Chairman of the Committee and who shall preside at meetings of the
Committee.
(b) The Secretary of Labor, who is hereby designated Vice Chairman of
the Committee and who shall act as Chairman in the absence of the
Chairman. The Vice Chairman shall have general supervision and
direction of the work of the Committee and of the execution and
implementation of the policies and purposes of this order.
(c) The Chairman of the Atomic Energy Commission, the Secretary of
Commerce, the Attorney General, the Secretary of Defense, the
Secretaries of the Army, Navy and Air Force, the Administrator of
General Services, the Chairman of the Civil Service Commission, and the
Administrator of the National Aeronautics and Space Administration.
Each such member may designate an alternate to represent him in his
absence.
(d) Such other members as the President may from time to time
appoint.
(e) An Executive Vice Chairman, designated by the President, who
shall be ex officio a member of the Committee. The Executive Vice
Chairman shall assist the Chairman, the Vice Chairman and the Committee.
Between meetings of the Committee he shall be primarily responsible for
carrying out the functions of the Committee and may act for the
Committee pursuant to its rules, delegations, and other directives.
Final action in individual cases or classes of cases may be taken and
final orders may be entered on behalf of the Committee by the Executive
Vice Chairman when the Committee so authorizes.
Sec. 103. The Committee shall meet upon the call of the Chairman and
at such other times as may be provided by its rules and regulations. It
shall (a) consider and adopt rules and regulations to govern its
proceedings; (b) provide generally for the procedures and policies to
implement this order; (c) consider reports as to progress under this
order; (d) consider and act, where necessary or appropriate, upon
matters which may be presented to it by any of its members; and (e)
make such reports to the President as he may require or the Committee
shall deem appropriate. Such reports shall be made at least once
annually and shall include specific references to the actions taken and
results achieved by each department and agency. The Chairman may
appoint sub-committees to make special studies on a continuing basis.
Section 201. The President's Committee on Equal Employment
Opportunity established by this order is directed immediately to
scrutinize and study employment practices of the Government of the
United States, and to consider and recommend additional affirmative
steps which should be taken by executive departments and agencies to
realize more fully the national policy of nondiscrimination within the
executive branch of the Government.
Sec. 202. All executive departments and agencies are directed to
initiate forthwith studies of current government employment practices
within their responsibility. The studies shall be in such form as the
Committee may prescribe and shall include statistics on current
employment patterns, a review of current procedures, and the
recommendation of positive measures for the elimination of any
discrimination, direct or indirect, which now exists. Reports and
recommendations shall be submitted to the Executive Vice Chairman of the
Committee no later than sixty days from the effective date of this
order, and the Committee, after considering such reports and
recommendations, shall report to the President on the current situation
and recommend positive measures to accomplish the objectives of this
order.
Sec. 203. The policy expressed in Executive Order No. 10590 of
January 18, 1955 (20 F.R. 409), /6/ with respect to the exclusion and
prohibition of discrimination against any employee or applicant for
employment in the Federal Government because of race, color, religion,
or national origin is hereby reaffirmed.
Sec. 204. The President's Committee on Government Employment Policy,
established by Executive Order No. 10590 of January 18, 1955 (20 F.R.
409), as amended by Executive Order No. 10722 of August 5, 1957 (22 F.R.
6287), /7/ is hereby abolished, and the powers, functions, and duties of
that Committee are hereby transferred to, and henceforth shall be vested
in, and exercised by, the President's Committee on Equal Employment
Opportunity in addition to the powers conferred by this order.
Section 301. Except in contracts exempted in accordance with section
303 of this order, all government contracting agencies shall include in
every government contract hereafter entered into the following
provisions:
"In connection with the performance of work under this contract, the
contractor agrees as follows:
"(1) The contractor will not discriminate against any employee or
applicant for employment because of race, creed, color, or national
origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment, without regard to their race, creed, color, or national
origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
"(2) The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, creed, color, or national origin.
"(3) The contractor will send to each labor union or representative
of workers with which he has a collective bargaining agreement or other
contract or understanding, a notice, to be provided by the agency
contracting officer, advising the said labor union or workers'
representative of the contractor's commitments under this section, and
shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
"(4) The contractor will comply with all provisions of Executive
Order No. 10925 of March 6, 1961, and of the rules, regulations, and
relevant orders of the President's Committee on Equal Employment
Opportunity created thereby.
"(5) The contractor will furnish all information and reports required
by Executive Order No. 10925 of March 6, 1961, and by the rules,
regulations, and orders of the said Committee, or pursuant thereto, and
will permit access to his books, records, and accounts by the
contracting agency and the Committee for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
"(6) In the event of the contractor's non-compliance with the
non-discrimination clauses of this contract or with any of the said
rules, regulations, or orders, this contract may be cancelled in whole
or in part and the contractor may be declared ineligible for further
government contracts in accordance with procedures authorized in
Executive Order No. 10925 of March 6, 1961, and such other sanctions may
be imposed and remedies invoked as provided in the said Executive order
or by rule, regulation, or order of the President's Committee on Equal
Opportunity, or as otherwise provided by law.
"(7) The contractor will include the provisions of the foregoing
paragraphs (1) through (6) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the President's Committee
on Equal Employment Opportunity issued pursuant to section 303 of
Executive Order No. 10925 of March 6, 1961, so that such provisions will
be binding upon each subcontractor or vendor. The contractor will take
such action with respect to any subcontract or purchase order as the
contracting agency may direct as a means of enforcing such provisions,
including sanctions for non-compliance:
Provided, however, that in the event the contractor becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the contracting agency, the contractor may
request the United States to enter into such litigation to protect the
interests of the United States."
Sec. 302. (a) Each contractor having a contract containing the
provisions prescribed in section 301 shall file, and shall cause each of
its subcontractors to file, Compliance Reports with the contracting
agency, which will be subject to review by the Committee upon its
request. Compliance Reports shall be filed within such times and shall
contain such information as to the practices, policies, programs, and
employment statistics of the contractor and each subcontractor, and
shall be in such form as the Committee may prescribe.
(b) Bidders or prospective contractors or subcontractors may be
required to state whether they have participated in any previous
contract subject to the provisions of this order, and in that event to
submit, on behalf of themselves and their proposed subcontractors,
Compliance Reports prior to or as an initial part of their bid or
negotiation of a contract.
(c) Whenever the contractor or subcontractor has a collective
bargaining agreement or other contract or understanding with a labor
union or other representative of workers, the Compliance Report shall
include such information as to the labor union's or other
representative's practices and policies affecting compliance as the
Committee may prescribe: Provided, that to the extent such information
is within the exclusive possession of a labor union or other workers'
representative and the labor union or representative shall refuse to
furnish such information to the contractor, the contractor shall so
certify to the contracting agency as part of its Compliance Report and
shall set forth what efforts he has made to obtain such information.
(d) The Committee may direct that any bidder or prospective
contractor or subcontractor shall submit, as part of his Compliance
Report, a statement in . writing, signed by an authorized officer or
agent of any labor union or other workers' representative with which the
bidder or prospective contractor deals, together with supporting
information, to the effect that the said labor union's or
representative's practices and policies do not discriminate on the
grounds of race, color, creed, or national origin, and that the labor
union or representative either will affirmatively cooperate, within the
limits of his legal and contractual authority, in the implementation of
the policy and provisions of this order or that it consents and agrees
that recruitment, employment, and the terms and conditions of employment
under the proposed contract shall be in accordance with the purposes and
provisions of the order. In the event that the union or representative
shall refuse to execute such a statement, the Compliance Report shall so
certify and set forth what efforts have been made to secure such a
statement.
Sec. 303. The Committee may, when it deems that special
circumstances in the national interest so require, exempt a contracting
agency from the requirement of including the provisions of section 301
of this order in any specific contract, subcontract, or purchase order.
The Committee may, by rule or regulation, also exempt certain classes of
contracts, subcontracts, or purchase orders (a) where work is to be or
has been performed outside the United States and no recruitment of
workers within the limits of the United States is involved; (b) for
standard commercial supplies or raw materials; or (c) involving less
than specified amounts of money or specified numbers of workers.
Sec. 304. The Committee shall use its best efforts, directly and
through contracting agencies, contractors, state and local officials and
public and private agencies, and all other available instrumentalities,
to cause any labor union, recruiting agency or other representative of
workers who is or may be engaged in work under government contracts to
cooperate with, and to comply in the implementation of, the purposes of
this order.
Sec. 305. The Committee may, to effectuate the purposes of section
304 of this order, hold hearings, public or private, with respect to the
practices and policies of any such labor organization. It shall from
time to time submit special reports to the President concerning
discriminatory practices and policies of any such labor organization,
and may recommend remedial action if, in its judgment, such action is
necessary or appropriate. It may also notify any Federal, state, or
local agency of its conclusions and recommendations with respect to any
such labor organization which in its judgment has failed to cooperate
with the Committee, contracting agencies, contractors, or subcontractors
in carrying out the purposes of this order.
Sec. 306. The Committee shall adopt such rules and regulations and
issue such orders as it deems necessary and appropriate to achieve the
purposes of this order, including the purposes of Part II hereof
relating to discrimination in government employment.
Sec. 307. Each contracting agency shall be primarily responsible for
obtaining compliance with the rules, regulations, and orders of the
Committee with respect to contracts entered into by such agency or its
contractors, or affecting its own employment practices. All contracting
agencies shall comply with the Committee's rules in discharging their
primary responsibility for securing compliance with the provisions of
contracts and otherwise with the terms of this Executive order and of
the rules, regulations, and orders of the Committee pursuant hereto.
They are directed to cooperate with the Committee, and to furnish the
Committee such information and assistance as it may require in the
performance of its functions under this order. They are further
directed to appoint or designate, from among the agency's personnel,
compliance officers. It shall be the duty of such officers to seek
compliance with the objectives of this order by conference,
conciliation, mediation, or persuasion.
Sec. 308. The Committee is authorized to delegate to any officer,
agency, or employee in the executive branch of the Government any
function of the Committee under this order, except the authority to
promulgate rules and regulations of a general nature.
Sec. 309. (a) The Committee may itself investigate the employment
practices of any government contractor or subcontractor, or initiate
such investigation by the appropriate contracting agency or through the
Secretary of Labor, to determine whether or not the "ontractual
provisions specified in section 301 of this order have been violated.
Such investigation shall be conducted in accordance with the procedures
established by the Committee, and the investigating agency shall report
to the Committee any action taken or recommended.
(b) The Committee may receive and cause to be investigated complaints
by employees or prospective employees of a government contractor or
subcontractor which allege discrimination contrary to the contractual
provisions specified in section 301 of this order. The appropriate
contracting agency or the Secretary of Labor, as the case may be, shall
report to the Committee what action has been taken or is recommended
with regard to such complaints.
Sec. 310. (a) The Committee, or any agency or officer of the United
States designated by rule, regulation, or order of the Committee, may
hold such hearings, public or private, as the Committee may deem
advisable for compliance, enforcement, or educational purposes.
(b) The Committee may hold, or cause to be held, hearings in
accordance with subsection (a) of this section prior to imposing,
ordering, or recommending the imposition of penalties and sanctions
under this order, except that no order for debarment of any contractor
from further government contracts shall be made without a hearing.
Sec. 311. The Committee shall encourage the furtherance of an
educational program by employer, labor, civic, educational, religious,
and other non-governmental groups in order to eliminate or reduce the
basic causes of discrimination in employment on the ground of race,
creed, color, or national origin.
Sec. 312. In accordance with such rules, regulations or orders as
the Committee may issue or adopt, the Committee or the appropriate
contracting agency may:
(a) Publish, or cause to be published, the names of contractors or
unions which it has concluded have complied or have failed to comply
with the provisions of this order or of the rules, regulations, and
orders of the Committee.
(b) Recommend to the Department of Justice that, in cases where there
is substantial or material violation or the threat of substantial or
material violation of the contractual provisions set forth in section
301 of this order, appropriate proceedings be brought to enforce those
provisions, including the enjoining, within the limitations of
applicable law, of organizations, individuals or groups who prevent
directly or indirectly, or seek to prevent directly or indirectly,
compliance with the aforesaid provisions.
(c) Recommend to the Department of Justice that criminal proceedings
be brought for the furnishing of false information to any contracting
agency or to the Committee as the case may be.
(d) Terminate, or cause to be terminated, any contract, or any
portion or portions thereof, for failure of the contractor or
subcontractor to comply with the nondiscrimination provisions of the
contract. Contracts may be terminated absolutely or continuance of
contracts may be conditioned upon a program for future compliance
approved by the contracting agency.
(e) Provide that any contracting agency shall refrain from entering
into further contracts, or extensions or other modifications of existing
contracts, with any non-complying contractor, until such contractor has
satisfied the Committee that he has established and will carry out
personnel and employment policies in compliance with the provisions of
this order.
(f) Under rules and regulations prescribed by the Committee, each
contracting agency shall make reasonable efforts within a reasonable
time limitation to secure compliance with the contract provisions of
this order by methods of conference, conciliation, mediation, and
persuasion before proceedings shall be instituted under paragraph (b) of
this section, or before a contract shall be terminated in whole or in
part under paragraph (d) of this section for failure of a contractor or
subcontractor to comply with the contract provisions of this order.
Sec. 313. Any contracting agency taking any action authorized by
this section, whether on its own motion, or as directed by the
Committee, or under the Committee's rules and regulations, shall
promptly notify the Committee of such action or reasons for not acting.
Where the Committee itself makes a determination under this section, it
shall promptly notify the appropriate contracting agency of the action
recommended. The agency shall take such action and shall report the
results thereof to the Committee within such time as the Committee shall
provide.
Sec. 314. If the Committee shall so direct, contracting agencies
shall not enter into contracts with any bidder or prospective contractor
unless the bidder or prospective contractor has satisfactorily complied
with the provisions of this order or submits a program for compliance
acceptable to the Committee or, if the Committee so authorizes, to the
contracting agency.
Sec. 315. Whenever a contracting agency terminates a contract, or
whenever a contractor has been debarred from further government
contracts, because of noncompliance with the contractor provisions with
regard to non-discrimination, the Committee, or the contracting agency
involved, shall promptly notify the Comptroller General of the United
States.
Sec. 316. The Committee may provide for issuance of a United States
Government Certificate of Merit to employers or employee organizations
which are or may hereafter be engaged in work under government
contracts, if the Committee is satisfied that the personnel and
employment practices of the employer, or that the personnel, training,
apprenticeship, membership, grievance and representation, upgrading and
other practices and policies of the employee organization, conform to
the purposes and provisions of this order.
Sec. 317. Any Certificate of Merit may at any time be suspended or
revoked by the Committee if the holder thereof, in the judgment of the
Committee, has failed to comply with the provisions of this order.
Sec. 318. The Committee may provide for the exemption of any
employer or or employee organization from any requirement for furnishing
information as to compliance if such employer or employee organization
has been awarded a Certificate of Merit which has not been suspended or
revoked.
Section 401. Each contracting agency (except the Department of
Justice) shall defray such necessary expenses of the Committee as may be
authorized by law, including section 214 of the Act of May 3, 1945, 59
Stat. 134 (31 U.S.C. 691): /8/ Provided, that no agency shall supply
more than fifty per cent of the funds necessary to carry out the
purposes of this order. The Department of Labor shall provide necessary
space and facilities for the Committee. In the case of the Department
of Justice, the contribution shall be limited to furnishing legal
services.
Sec. 402. This order shall become effective thirty days after its
execution. The General Services Administration shall take appropriate
action to revise the standard Government contract forms to accord with
the provisions of this order and of the rules and regulations of the
Committee.
Sec. 403. Executive Order No. 10479 of August 13, 1953 (18 F.R.
4899), /9/ together with Executive Orders Nos. 10482 of August 15, 1953
(18 F.R. 4944), /10/ and 10733 of October 10, 1957 (22 F.R. 9135), /11/
amending that order, and Executive Order No. 10557 of September 3, 1954
(19 F.R. 5655), /12/ are hereby revoked, and the Government Contract
Committee established by Exec executive Order No. 10479 is abolished.
All records and property of or in the custody of the said Committee are
hereby transferred to the President's Committee on Equal Employment
Opportunity, which shall wind up the outstanding affairs of the
Government Contract Committee.
THE WHITE HOUSE,
March 6, 1961.
JOHN F. KENNEDY
/6/ 5 U.S.C.A. 631 note.
/7/ 1957 U.S.Code Cong.& Adm.News, p. 924.
/8/ 31 U.S.C.A. 691.
/9/ 41 U.S.C.A.prec. 1 note.
/10/ 1953 U.S.Code Cong.& Adm.News, p. 1052.
/11/ 41 U.S.C.A.prec. 1 note.
/12/ 41 U.S.C.A.prec. 1 note.
Executive Order No. 10924, 26 F.R. 1789, March 2, 1961, ESTABLISHMENT
OF THE PEACE CORPS
By virtue of the authority vested in me by the Mutual Security Act of
1954, 68 Stat. 832, as amended (22 U.S.C. 1750 et seq.), /4/ and as
President of the United States, it is hereby ordered as follows:
Section 1. Establishment of the Peace Corps. The Secretary of State
shall establish an agency in the Department of State which shall be
known as the Peace Corps. The Peace Corps shall be headed by a
Director.
Sec. 2. Functions of the Peace Corps. (a) The Peace Corps shall be
responsible for the training and service abroad of men and women in the
United States in new programs of assistance to nations and areas of the
world, and in conjunction with or in support of existing economic
assistance programs of the United States and of the United Nations and
other international organizations.
(b) The Secretary of State shall delegate, or cause to be delegated,
to the Director of the Peace Corps such of the functions under the
Mutual Security Act of 1954, as amended, vested in the President and
delegated to the Secretary, or vested in the Secretary, as the Secretary
shall deem necessary for the accomplishment of the purposes of the Peace
Corps.
Sec. 3. Financing of the Peace Corps. The Secretary of State shall
provide for the financing of the Peace Corps with funds available to the
Secretary for the performance of functions under the Mutual Security Act
of 1954, as amended.
Sec. 4. Relation to Executive Order No. 10893. This order shall not
be deemed to supersede or derogate from any provision of Executive Order
No. 10893 of November 8, 1960, as amended, /5/ and any delegation made
by or pursuant to this order shall, unless otherwise specifically
provided therein, be deemed to be in addition to any delegation made by
or pursuant to that order.
THE WHITE HOUSE,
March 1, 1961.
JOHN F. KENNEDY
/4/ 22 U.S.C.A. 1750 et seq.
/5/ 1960 U.S.Code Cong.& Adm.News, p. 1695.
Executive Order No. 10923, 26 F.R. 1699, February 28, 1961
WHEREAS two disputes exist between the Northwest Airlines, Inc., a
carrier, and certain of its employees represented by the International
Association of Machinists, a labor organization, identified as National
Mediation Board Cases A-6176 and A-6343; and
WHEREAS these disputes have not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS these disputes, in the judgment of the National Mediation
Board, threaten substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /3/ I hereby
create a board of three members, to be appointed by me, to investigate
these disputes. No member of the board shall be pecuniarily or
otherwise interested in any organization of airline employees or any
carrier.
The board shall report its findings to the President with respect to
these disputes within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the
Northwest Airlines, Inc., or by its employees, in the conditions out of
which these disputes arose.
THE WHITE HOUSE,
February 24, 1961.
JOHN F. KENNEDY
/3/ 45 U.S.C.A. 160.
Executive Order No. 10922, 26 F.R. 1655, February 25, 1961
By virtue of the authority vested in me as President of the United
States, it is ordered as follows:
Order No. 10921, establishing a commission to inquire into a
controversy between certain air carriers and certain of their employees,
dated February 21, 1961, is hereby amended to include Western Airlines
within the mentioned air carriers.
THE WHITE HOUSE,
February 23, 1961.
JOHN F. KENNEDY
/2/ Executive Order No. 10921, this page.
Executive Order No. 10921, 26 F.R. 1553, February 24, 1961
By virtue of the authority vested in me as President of the United
States, it is ordered as follows:
SECTION 1. There is hereby established a Presidential commission to
consider differences that have arisen regarding the performance of the
flight engineer's function, the job security of employees performing
such function, and related representation rights of the unions, namely,
the Flight Engineers International Association and the Airlines Pilots
Association on the following carriers: Pan American World Airways,
American Airlines, Trans World Airways, Eastern Airlines, National
Airlines and Flying Tigers. The commission shall be composed of three
public members who are hereby appointed as follows: Professor Nathan
Feinsinger, Chairman; Professor Richard Lester and Professor J. Keith
Mann.
SEC. 2. The commission is authorized and directed to investigate and
to inquire into such issues with the objective of making a report to the
President, including its findings and recommendations with respect
thereto and assisting in achieving an amicable settlement and agreement
with respect to such issues involving the above-mentioned parties. In
connection with its inquiry, the . commission is authorized to hold
such public hearings and to hear such witnesses as it may deem
appropriate.
SEC. 3. All executive departments and agencies of the Federal
Government are authorized and directed to cooperate with the commission
in its work and to furnish the commission with such information and
assistance, not inconsistent with law, as it may require in the
performance of its duties.
SEC. 4. The chairman and members of the commission shall receive
such compensation and expense allowances as the President shall
hereafter fix, in a manner to be hereafter determined.
THE WHITE HOUSE,
February 21, 1961.
JOHN F. KENNEDY
Executive Order No. 10920, 26 F.R. 1463, February 21, 1961, REVOKING
EXECUTIVE ORDER NO. 10700
By virtue of the authority vested in me by the Constitution and
statutes, and as President of the United States, it is ordered that
Executive Order No. 10700 of February 25, 1957, entitled "Further
Providing for the Operations Coordinating Board", as amended, be, and it
is hereby, revoked.
THE WHITE HOUSE,
February 18, 1961.
JOHN F. KENNEDY
/1/ 50 U.S.C.A. 402 note.
Executive Order No. 10919, 26 F.R. 1463, February 21, 1961
WHEREAS a dispute exists between the Pan American World Airways,
Inc., a carrier, and certain of its employees represented by the Flight
Engineers' International Association, PAA Chapter, a labor organization;
and
WHEREAS this dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS this dispute, in the judgment of the National Mediation
Board, threatens substantially to interrupt interstate commerce to a
degree such as to deprive the country of essential transportation
service:
NOW, THEREFORE, by virtue of the authority vested in me by section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), I hereby create a
board of three members, to be appointed by me, to investigate this
dispute. No member of the board shall be pecuniarily or otherwise
interested in any organization of airline employees or any carrier.
The board shall report its findings to the President with respect to
the dispute within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the Pan
American World Airways, Inc., or by its employees, in the conditions out
of which the dispute arose.
THE WHITE HOUSE,
February 17, 1961.
JOHN F. KENNEDY
Executive Order No. 10918, 26 F.R. 1427, February 18, 1961
By virtue of the authority vested in me as President of the United
States, it is ordered as follows:
SECTION 1. There is hereby established the President's Advisory
Committee on Labor-Management Policy (hereinafter referred to as the
Committee). The Committee shall be composed of the Secretary of Labor,
the Secretary of Commerce, and nineteen other members who shall be
designated by the President from time to time. Of the nineteen
designated members, five shall be from the public at large, seven shall
be from labor, and seven shall be from management. The Secretary of
Labor and the Secretary of Commerce shall each alternatively serve as
chairman of the Committee for periods of one year, the Secretary of
Labor to so serve during the first year following the date of this
order.
SEC. 2. The Committee shall study, and shall advise with and make
recommendations to the President with respect to, policies that may be
followed by labor, management, or the public which will promote free and
responsible collective bargaining, industrial peace, sound wage and
price policies, higher standards of living, and increased productivity.
The Committee shall include among the matters to be considered by it in
connection with its studies and recommendations (1) policies designed to
ensure that American products are competitive in world markets, and (2)
the benefits and problems created by automation and other technological
advances.
SEC. 3. All executive departments and agencies of the Federal
Government are authorized and directed to cooperate with the Committee
and to furnish it such information and assistance, not inconsistent with
law, as it may require in the performance of its duties.
SEC. 4. Consonant with law, the Department of Labor and the
Department of Commerce shall, as may be necessary for the effectuation
of the purposes of this order, furnish assistance to the Committee in
accordance with section 214 of the act of May 3, 1945, 59 Stat. 134 (31
U.S.C. 691). Such assistance may include detailing employees to the
Committee, one of whom may serve as executive officer of the Committee,
to perform such functions, consistent with the purposes of this order,
as the Committee may assign to them, and shall include the furnishing of
necessary office space and facilities to the Committee by the Department
of Labor.
THE WHITE HOUSE,
February 16, 1961.
JOHN F. KENNEDY
Executive Order No. 10917, 26 F.R. 1239, February 14, 1961,
GOVERNMENT ORGANIZATION
By virtue of the authority vested in me as President of the United
States, it is ordered as follows:
Section 1. The President's Advisory Committee on Government
Organization, established by Executive Order No. 10432 of January 24,
1953, /1/ and the Advisory Committee on Management Improvement,
established by Section 3 of Executive Order No. 10072 of July 29, 1949,
/2/ are hereby abolished.
Sec. 2. Such functions of the President's Advisory Committee on
Government Organization as are necessary for the orderly termination of
its affairs are hereby transferred to the Director of the Bureau of the
Budget. All necessary steps pertaining to such termination shall be
taken by or under the direction of the Director, and shall be performed
in such manner as he may determine.
Sec. 3. (a) Executive Order No. 10432 of January 24, 1953, is hereby
revoked.
(b) Executive Order No. 10072 of July 29, 1949, is hereby amended by
deleting Section 3 thereof.
THE WHITE HOUSE,
February 10, 1961.
JOHN F. KENNEDY
/1/ 5 U.S.C.A. 133z note.
/2/ 5 U.S.C.A. 133z note.
Executive Order No. 10916, 26 F.R. 781, January 26, 1961
By virtue of the authority vested in me by section 55(a) of the
Internal Revenue Code of 1939 (53 Stat. 29; 26 U.S.C. 55(a)) /20/ and
by section 6013(a) of the Internal Revenue Code of 1954 (68A Stat. 753;
26 U.S.C. 6103(a)), /21/ it is hereby ordered that any income, estate,
or gift tax return for the years 1947 to 1961, inclusive, shall, during
the Eighty-seventh Congress, be open to inspection by the Senate
Committee on Government Operations, or by any duly authorized
subcommittee thereof, in connection with its studies of the operation of
Government activities at all levels with a view to determining the
economy and efficiency of the Government, such inspection to be in
accordance and upon compliance with the rules and regulations prescribed
by the Secretary of the Treasury in Treasury Decisions 6132 and 6133,
relating to the inspection of tax returns by committees of the Congress,
approved by the President on May 3, 1955.
This order shall become effective upon its filing for publication in
the FEDERAL REGISTER.
THE WHITE HOUSE,
January 24, 1961.
JOHN F. KENNEDY
/20/ 26 U.S.C.A.(I.R.C.1939) 55(a).
/21/ 26 U.S.C.A.(I.R.C.1954) 6103(a).
Executive Order No. 10915, 26 F.R. 781, January 26, 1961,
FOOD-FOR-PEACE PROGRAM
Whereas American agricultural abundance offers a unique opportunity
for the United States to promote the interests of peace in a significant
way and to play an important role in helping to provide a more adequate
diet for peoples around the world; and
Whereas exports of farm products are of great importance to the
domestic economy, furnishing approximately 11 percent of total farm
income; and
Whereas many government functions and activities relate to the
movement overseas of agricultural products and commodities, and a number
of government agencies have responsibilities in connection with these
activities; and
Whereas it is of fundamental importance that we have a national food
policy directed toward using our agricultural abundance as a national
asset to meet foreign policy objectives.
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is ordered as follows:
Section 1. Executive Order No. 10900 of January 5, 1961 (26 F.R.
143), /17/ headed "Administration of the Agricultural Trade Development
and Assistance Act of 1954, as amended," is hereby amended by
renumbering sections 6 and 7 thereof as sections 7 and 8, respectively,
and by inserting after section 5 the following new section 6:
"Sec. 6. Director of the Food-for-Peace Program. Subject to the
direction of the President, the Director of the Food-for-Peace Program
(provided for in a letter of the President bearing the same date as this
order) shall be responsible for the continuous supervision and
coordination of the functions hereinabove delegated or otherwise
assigned to officers or agencies of the Government. The foregoing
provisions of this section shall not be construed as terminating any
delegation or other assignment of function made by other sections of
this order."
Sec. 2. Executive Order No. 10893 of November 8, 1960 (25 F.R.
10731), /18/ headed "Administration of mutual security and related
functions," is hereby amended by adding at the end of Part I thereof a
new section 111, reading as follows:
Sec. 111. Director of the Food-for-Peace Program. Subject to the
direction of the President, the Director of the Food-for-Peace Program
shall be responsible for the continuous supervision and coordination of
the functions under Section 402 of the Act (22 U.S.C. 1922). /19/ The
foregoing provisions of this section shall not be construed as
superseding any delegation or other assignment of function made by the
Act or by other sections of this order."
THE WHITE HOUSE,
January 24, 1961.
JOHN F. KENNEDY
/17/ 1961 U.S.Code Cong.& Adm.News, p. 1247.
/18/ 1960 U.S.Code Cong.& Adm.News, p. 1695.
/19/ 22 U.S.C.A. 1922.
Executive Order No. 10914, 26 F.R. 639, January 24, 1961
Whereas one of the most important and urgent problems confronting
this Nation today is the development of a positive food and nutrition
program for all Americans;
Whereas I have received the report of the Task Force on Area
Redevelopment under the chairmanship of Senator Douglas, in which
special emphasis is placed upon the need for additional food to
supplement the diets of needy persons in areas of chronic unemployment;
Whereas I am also advised that there are now almost 7 million persons
receiving some form of public assistance, that 4.5 million persons are
reported as being unemployed and that a substantial number of needy
persons are not recipients in the present food distribution program;
Whereas the variety of foods currently being made available is
limited and its nutritional content inadequate; and
Whereas despite an abundance of food, farm income has been in a
period of decline, and a strengthening of farm prices is desirable.
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is ordered as follows:
The Secretary of Agriculture shall take immediate steps to expand and
improve the program of food distribution throughout the United States,
utilizing funds and existing statutory authority available to him,
including section 32 of the Act of August 24, 1935, as amended (7 U.S.C.
612), /16/ so as to make available for distribution, through appropriate
State and local agencies, to all needy families a greater variety and
quantity of food out of our agricultural abundance.
THE WHITE HOUSE,
January 21, 1961.
JOHN F. KENNEDY
/16/ 7 U.S.C.A. 612.
Executive Order No. 10913, 26 F.R. 510, January 20, 1961, WATERSHED
PROTECTION AND FLOOD PREVENTION
By virtue of the authority vested in me by the Watershed Protection
and Flood Prevention Act, as amended (16 U.S.C. 1001 et seq.), /14/ and
as President of the United States, it is ordered that Executive Order
No. 10584 of December 18, 1954, /15/ be, and it is hereby, amended by
deleting sections 1, 2, 3, and 4 thereof, by renumbering sections 5 and
6 thereof as sections 6 and 7, respectively, and by substituting the
following new sections:
"Section 1. Scope of order. This order shall apply (a) to the
planning, construction, operation, and maintenance of all works of
improvement under the authority of the Watershed Protection and Flood
Prevention Act (Public Law 566, approved August 4, 1954, as amended; 16
U.S.C. 1001 et seq.), hereinafter referred to as the Act, and (b) to
other programs and projects of the Department of Agriculture, and to
programs and projects of the Department of the Interior, the Department
of the Army, and other Federal agencies to the extent that such programs
or projects affect, or are affected significantly by, works of
improvement provided for in the Act.
"Sec. 2. General administration. The Secretary of Agriculture shall
have the following-described responsibilities under the Act:
"(a) Approval or disapproval of applications for Federal assistance
in preparing plans for works of improvement, and the assignment of
priorities for the provision of such assistance.
"(b) Establishing criteria for the formulation and justification of
plans for works of improvement and criteria for the sharing of the cost
of both structural and land-treatment measures which conform with the
provisions of the Act and with policies established by or at the
direction of the President for watershed protection, flood prevention,
irrigation, drainage, water supply, and related water-resources
development purposes.
"(c) Establishing engineering and economic standards and objectives,
including standards as to degrees of flood protection, for works of
improvement planned and carried out under the authority of the Act.
"(d) Determination and definition of (1) those land-treatment
measures and structural improvements for flood prevention and measures
for the agricultural phases of conservation, development, use and
disposal of water or for fish and wildlife development which are
eligible for assistance under the Act, and (2) the nature and extent of
such assistance and the conditions under which such assistance shall be
rendered.
"(e) Planning and installing works of improvement on lands under his
jurisdiction, and arranging for the participation of other Federal
agencies in the planning and installation of works of improvement on
lands under their jurisdiction. Recommendations of the heads of other
Federal agencies for necessary works of improvement on land; under
their jurisdiction shall be submitted as an integral part of the plans
of the Department of Agriculture for works of improvement. Arrangements
for construction, operation, and maintenance of works of improvement on
such lands shall be mutually satisfactory to the Secretary of
Agriculture and the head of the Federal agency concerned.
"(f) Submitting plans for works of improvement to the State Governor
or Governors concerned and to the Federal agencies concerned for review
and comment when the Secretary and the interested local organization
have agreed on such plans; and, when and as required by the Act,
submitting such plans to the Secretary of the Interior and the Secretary
of the Army for their review and comment prior to transmission of the
plans to the Congress through the President.
"(g) Giving full consideration to the recommendations concerning the
conservation and development of fish and wildlife resources contained in
any report of the Secretary of the Interior which is submitted to him,
in accordance with section 12 of the Act and section 5 of this order,
prior to the time he and the local organization have agreed on a plan
for works of improvement, and including in the plan such works of
improvement for fish and wildlife purposes recommended in the report as
are acceptable to him and the local organization.
"(h) Holding public hearings at suitable times and places when he
determines that such action will further the purposes of the Act.
"Sec. 3. Notification. (a) The Secretary of Agriculture shall:
"(1) Notify in writing, the State Governor or Governors concerned,
the Secretary of the Interior, the Secretary of the Army, and other
Federal agencies concerned of his decision to initiate any survey or
field investigation involving water-resources development work, and
furnish them with appropriate information regarding the scope, nature,
status, and results of such survey or investigation.
"(2) Notify the following, severally, in writing of all approvals or
disapprovals of applications for planning assistance: the sponsoring
organization, the State Governor or Governors concerned, the Secretary
of the Interior, the Secretary of the Army, and other Federal agencies
concerned.
"(b) The Secretary of the Interior shall notify in writing the State
Governor or Governors concerned, the Secretary of Agriculture, the
Secretary of the Army, and other Federal agencies concerned of his
decision to initiate any survey or field investigation involving
water-resources development work, and furnish them with appropriate
information regarding the scope, nature, status, and results of such
survey or investigation.
"(c) The Secretary of the Army shall notify in writing the State
Governor or Governors concerned, the Secretary of Agriculture, the
Secretary of the Interior, and other Federal agencies concerned of his
decision to initiate any survey or field investigation involving
water-resources development work, and furnish them with appropriate
information regarding the scope, nature, status, and results of such
survey or investigation.
"Sec. 4. Coordination. In order to assure the coordination of work
authorized under the Act and the related work of other agencies, so that
the proper use, conservation, and development of water and related land
resources through Federal programs and financial assistance may be
achieved in the most orderly, economical, and effective manner.
"(a) The Secretary of Agriculture, before authorizing planning
assistance in response to an application from a local organization for
assistance under the Act, shall:
"(1) When an application applies to a watershed located in one of the
seventeen western reclamation States or Hawaii and it appears that a
major objective is the agricultural phases of the conservation,
development, utilization, and disposal of water for irrigation purposes,
request the views of the Secretary of the Interior concerning the
feasibility of achieving equivalent irrigation benefits by means of
works of improvement constructed pursuant to the Reclamation Act of June
17, 1902 (43 U.S.C. 391), and acts amendatory or supplementary thereto,
or by means of assistance furnished pursuant to the Small Reclamation
Projects Act of 1956, as amended (43 U.S.C. 422a-422k), and authorize
planning assistance under the Act only after carefully considering
whether works of improvement under the Act would be a more appropriate
method of achieving that objective.
"(2) When it appears that a major objective of an application is the
reduction of flood damages in urban areas (as defined in the most recent
census), request the views of the Secretary of the Army concerning the
feasibility of achieving equivalent urban flood protection benefits by
means of works of improvement constructed pursuant to the Flood Control
Act of March 1, 1917 (39 Stat. 948), the Flood Control Act of May 15,
1928 (45 Stat. 534), the Flood Control Act of June 22, 1936 (49 Stat.
1570), or acts amendatory or supplementary thereto, and authorize
planning assistance under the Act only after carefully considering
whether works of improvement under the Act would be a more appropriate
method of achieving that objective.
"(3) When an application applies to a watershed located in the
Tennessee River drainage basin, request the views of the Board of
Directors of the Tennessee Valley Authority concerning the feasibility
of achieving the objectives of the application by means of works of
improvement for flood control or watershed protection constructed under
the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. 831 et
seq.), and authorize planning assistance under the Act only after
carefully considering whether works of improvement under the Act would
be a more appropriate method of achieving such objectives; and when
such planning assistance is authorized, consult with the Tennessee
Valley Authority throughout all phases of project development concerning
the relationship of works of improvement under the Act to the unified
development and regulation of the Tennessee River system.
"(b) The Secretary of the Interior shall, prior to undertaking any
survey or field investigation under the Reclamation Act of June 17, 1902
(43 U.S.C. 391), and acts amendatory or supplementary thereto, or prior
to initiating investigations after receipt of a Notice of Intent to
apply for a loan under the Small Reclamation Projects Act of 1956, as
amended (43 U.S.C. 422a-422k), relating to works of improvement wholly
within a watershed or subwatershed area of not more than 250,000 acres,
request the views of the Secretary of Agriculture concerning the
feasibility of achieving the major objectives of the project proposal by
means of Federal assistance furnished pursuant to the Act, and submit a
report on such a survey or field investigation or approve such
application for assistance only after carefully considering whether
works of improvement under his authorities would be a more appropriate
method of achieving such objectives.
"(c) The Secretary of the Army shall, prior to undertaking any survey
or field investigation pursuant to the Flood Control Act of March 1,
1917 (39 Stat. 948), the Flood Control Act of May 15, 1928 (45 Stat.
534), the Flood Control Act of June 22, 1936 (49 Stat. 1570), and acts
amendatory or supplementary thereto, relating to works of improvement
wholly within a watershed or subwatershed area of not more than 250,000
acres, request the views of the Secretary of Agriculture concerning the
feasibility of achieving the major objectives of the project proposal by
means of Federal assistance furnished pursuant to the Act, and submit a
report on such survey or field investigation only after carefully
considering whether works of improvement under his authorities would be
a more appropriate method of achieving such objectives.
"(d) The Board of Directors of the Tennessee Valley Authority shall,
prior to undertaking any survey or field investigation under the
Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. 831 et
seq.), relating to works of improvement for flood control or watershed
protection to be installed wholly within a watershed or subwatershed
area of not more than 250,000 acres, request the views of the Secretary
of Agriculture concerning the feasibility of achieving the major
objectives of the works of improvement for flood control or watershed
protection by means of works of improvement constructed under the Act,
and proceed with such survey or investigation only after carefully
considering whether works of improvement under the Tennessee Valley
Authority Act would be a more appropriate method of achieving such
objectives.
"(e) Whenever the foregoing provisions of this section require an
agency head to request the views of another agency head, such request
shall be effected prior to the making of any commitment to local
interests, and local interests shall be informed at the outset of
negotiations that any plan resulting therefrom is subject to
coordination as required by this section.
"(f) When any agency having responsibilities for water resources
development is considering the initiation of surveys or field
investigations in a watershed or subwatershed area of not more than
250,000 acres and it appears that the purposes to be served by the
project under investigation could more advantageously be met by means of
a combination of works of improvement under the statutory authority
available to that and other agencies, the appropriate agency head shall
consider with the other agency heads concerned and the cooperating local
interests the feasibility of preparing a jointly developed plan for
coordinated action under available statutory authority.
"Sec. 5. Fish and wildlife development. Upon receipt of the notice
required by section 12 of the Act and section 3(a)(1) of this order, the
Secretary of the Interior, as he desires, may make surveys and
investigations and prepare a report with recommendations concerning the
conservation and development of fish and wildlife resources and
participate, under arrangements satisfactory to the Secretary of
Agriculture, in the preparation of a plan for works of improvement which
will be acceptable to the local organization and the Secretary of
Agriculture."
THE WHITE HOUSE,
January 18, 1961.
DWIGHT D. EISENHOWER
/14/ 16 U.S.C.A. 1001 et seq.
/15/ 16 U.S.C.A. 1005 note.
Executive Order No. 10912, 26 F.R. 509, January 20, 1961
By virtue of the authority vested in me by the International Cultural
Exchange and Trade Fair Participation Act of 1956 (22 U.S.C. 1991-2001),
/11/ by section 301 of title 3, of the United States Code, /12/ and as
President of the United States, it is ordered that Executive Order No.
10716 of June 17, 1957 (22 F.R. 4345), /13/ headed "Administration of
the International Cultural Exchange and Trade Fair Participation Act of
1956," be, and it is hereby, amended as follows:
1. By renumbering paragraphs (2), (3), and (4) of section 1(b) as
paragraphs (3), (4), and (5), respectively, and by inserting after
paragraph (1) thereof the following new paragraph (2):
"(2) The functions so conferred by section 3(3) of the Act (the
provisions of section 3(a) of this order notwithstanding), exclusive of
the functions delegated by the provisions of section 2(c) of this
order."
2. By substituting "section 1(b)(4)" for "section 1(b)(3)" in
section 1(d).
3. By substituting for section 1(e) the following:
"(e) The Director of the United States Information Agency shall
allocate funds appropriated or otherwise made available to carry out the
purposes of the Act to the United States Information Agency, the
Department of State, the Department of Commerce, and any other
departments or agencies of the Government as the said Director may deem
appropriate to carry out the provisions of this order and the purposes
of the Act."
4. By substituting for section 2(c) the following:
"(c) The functions so conferred by section 3(3) of the Act to the
extent that they pertain to liquidation of affairs respecting the
Universal and International Exhibition of Brussels, 1958."
5. By substituting for section 3(a) the following:
"(a) The functions so conferred by section 3(3) of the Act (the
provisions of section 1(b)(2) hereof notwithstanding), exclusive of the
functions delegated by the provisions of section 2(c) of this order."
6. By substituting for the text "Executive Order No. 10575 of
November 6, 1954 (19 F.R. 7249)" in section 5 the following: "Executive
Order No. 10893 of November 8, 1960 (25 F.R. 10731)".
7. By amending the catchline of section 6 to read "Definitions", and
by adding the following sentence at the end of that section:
"References to this order in this order shall be deemed to include
references to this order as amended."
THE WHITE HOUSE,
January 18, 1961.
DWIGHT D. EISENHOWER
/11/ 22 U.S.C.A. 1991-2001.
/12/ 3 U.S.C.A. 301.
/13/ 22 U.S.C.A. 1992 note.
Executive Order No. 10911, 26 F.R. 509, January 20, 1961
By virtue of the authority vested in me by section 6103(a) of the
Internal Revenue Code of 1954 (68A Stat. 753; 26 U.S.C. 6103(a)), /10/
it is hereby ordered that income tax returns made under the Internal
Revenue Code of 1954 shall be open to inspection by the Department of
Commerce. Such inspection shall be in accordance and upon compliance
with the rules and regulations prescribed by the Acting Secretary of the
Treasury in the Treasury decision approved by me this date, relating to
the inspection of such returns by the Department of Commerce.
This Executive order shall become effective upon its filing for
publication in the FEDERAL REGISTER.
THE WHITE HOUSE,
January 17, 1961.
DWIGHT D. EISENHOWER
/10/ 26 U.S.C.A.(I.R.C.1954) 6103(a).
Executive Order No. 10910, 26 F.R. 509, January 20, 1961, NATIONAL
MEDAL OF SCIENCE
By virtue of the authority vested in me by the act of August 25,
1959, entitled "An Act To Establish a National Medal of Science To
Provide Recognition for Individuals Who Make Outstanding Contributions
in the Physical, Biological, Mathematical, and Engineering Sciences" (73
Stat. 431), /9/ and as President of the United States, it is ordered as
follows:
Section 1. Specifications of Medal. Consonant with recommendations
submitted by the National Science Foundation pursuant to the first
section of the said act of August 25, 1959, the National Medal of
Science established by that act, hereinafter referred to as the Medal,
shall be of bronze, shall be of the design hereto attached, which is
hereby made a part of this order, and shall have suitable accompanying
appurtenances. Each medal shall be suitably inscribed.
Each individual awarded the Medal shall also receive a citation, on
parchment, descriptive of the award.
Sec. 2. Award of Medal. (1) The President shall award the Medal on
the basis of recommendations received by him in accordance with the
provisions of this order to individuals who in his judgment are
deserving of special recognition by reason of their outstanding
contributions to knowledge in the physical, biological, mathematical, or
engineering sciences.
(b) In addition to the criterion stated in section 2(a) of this
order, the following shall govern the award of the Medal:
(1) Not more than twenty individuals may be awarded the Medal in any
one calendar year.
(2) No individual may be awarded the Medal unless at the time such
award is made he--
(i) is a citizen or other national of the United States; or
(ii) is an alien lawfully admitted to the United States for permanent
residence who (A) has filed a petition for naturalization in the manner
prescribed by section 334(b) of the Immigration and Nationality Act and
(B) is not permanently ineligible to become a citizen of the United
States.
(3) The Medal may be awarded posthumously, the provisions of
paragraph (2) of subsection (b) of this section notwithstanding. The
Medal shall be so awarded only to an individual who at the time of his
death met the conditions set forth in item (i) or item (ii) of that
paragraph and not later than the fifth anniversary of the day of his
death.
THE WHITE HOUSE,
January 17, 1961. (DRAWING OMITTED)
The medal is struck in Bronze 3 1/4" over all. Its obverse side has
the figure of a man holding a crystal in his left hand as he writes an
equation in the sand on which he kneels. Behind him is the sea and
there is a star above his shoulder.
Man is portrayed against the background of earth, sea, and heavens.
The inscription of National Medal of Science is around the upper
portion of the perimeter of the medal.
DWIGHT D. EISENHOWER
/9/ 42 U.S.C.A. 1880, 1881.
Executive Order No. 10909, 26 F.R. 508, January 20, 1961, AMENDMENT
OF EXECUTIVE ORDER NO. 10865
By virtue of the authority vested in me by the Constitution and
states of the United States, and as President of the United States, and
as Commander in Chief of the armed forces of the United States,
Executive Order No. 10865 of February 20, 1960 (25 F.R. 1583), /8/ is
hereby amended as follows:
Section 1. Section 1(c) is amended to read as follows:
"(c) When used in this order, the term 'head of a department' means
the Secretary of State, the Secretary of Defense, the Commissioners of
the Atomic Energy Commission, the Administrator of the National
Aeronautics and Space Administration, the Administrator of the Federal
Aviation Agency, the head of any other department or agency of the
United States with which the Department of Defense makes an agreement
under subsection (b) of this section, and, in sections 4 and 8, includes
the Attorney General. The term 'department' means the Department of
State, the Department of Defense, the Atomic Energy Commission, the
National Aeronautics and Space Administration, the Federal Aviation
Agency, any other department or agency of the United States with which
the Department of Defense makes an agreement under subsection (b) of
this section, and, in sections 4 and 8, includes the Department of
Justice."
Sec. 2. Section 6 is amended to read as follows:
"Sec. 6. The Secretary of State, the Secretary of Defense, the
Administrator of the National Aeronautics and Space Administration, the
Administrator of the Federal Aviation Agency, or his representative, or
the head of any other department or agency of the United States with
which the Department of Defense makes an agreement under section 1(b),
or his representative, may issue, in appropriate cases, invitations and
requests to appear and testify in order that the applicant may have the
opportunity to cross-examine as provided by this order.
Whenever a witness is so invited or requested to appear and testify at a
proceeding and the witness is an officer or employee of the executive
branch of the Government or a member of the armed forces of the United
States, and the proceeding involves the activity in connection with
which the witness is employed, travel expenses and per diem are
authorized as provided by the Standardized Government Travel Regulations
or the Joint Travel Regulations, as appropriate. In all other cases
(including non-Government employees as well as officers or employees of
the executive branch of the Government or members of the armed forces of
the United States not covered by the foregoing sentence), transportation
in kind and reimbursement for actual expenses are authorized in an
amount not to exceed the amount payable under Standardized Government
Travel Regulations. An officer or employee of the executive branch of
the Government or a member of the armed forces of the United States who
is invited or requested to appear pursuant to this paragraph shall be
deemed to be in the performance of his official duties. So far as the
national security permits, the head of the investigative agency involved
shall cooperate with the Secretary, the Administrator, or the head of
the other department or agency, as the case may be, in identifying
persons who have made statements adverse to the applicant and in
assisting him in making them available for cross-examination. If a
person so invited is an officer or employee of the executive branch of
the Government or a member of the armed forces of the United States, the
head of the department or agency concerned shall cooperate in making
that person available for cross-examination."
Sec. 3. Section 8 is amended by striking out the word "or" at the
end of clause (5), by striking out the period at the end of clause (6)
and inserting "; or" in place thereof, and by adding the following new
clause at the end thereof:
"(7) the deputy of that department, or the principal assistant to the
head of that department, as the case may be, in the case of authority
vested in the head of a department or agency of the United States with
which the Department of Defense makes an agreement under section 1(b)."
THE WHITE HOUSE,
January 17, 1961.
DWIGHT D. EISENHOWER
/8/ 50 U.S.C.A. 401 note.
Executive Order No. 10908, 26 F.R. 508, January 20, 1961
By virtue of the authority vested in me by section 6103(a) of the
Internal Revenue Code of 1954 (68A Stat. 753; 26 U.S.C. 6103(a)), /7/
it is hereby ordered that income tax returns of corporations made under
the Internal Revenue Code of 1954 shall be open to inspection by the
Federal Trade Commission as an aid in executing the powers conferred on
such Commission by the Federal Trade Commission Act of September 26,
1914 (38 Stat. 717). Such inspection shall be in accordance and upon
compliance with the rules and regulations prescribed by the Acting
Secretary of the Treasury in the Treasury decision approved by me this
date, relating to the inspection of such returns by the Federal Trade
Commission.
This Executive Order shall become effective upon its filing for
publication in the FEDERAL REGISTER.
THE WHITE HOUSE,
January 17, 1961.
DWIGHT D. EISENHOWER
/7/ 26 U.S.C.A.(I.R.C.1954) 6103(a).
Executive Order No. 10907, 26 F.R. 508, January 20, 1961
By virtue of the authority vested in me by section 6103(a) of the
Internal Revenue Code of 1954 (68A Stat. 753; 26 U.S.C. 6103(a)), /6/
it is hereby ordered that income tax returns made under the Internal
Revenue Code of 1954 shall be open to inspection by the Renegotiation
Board. Such inspection shall be in accordance and upon compliance with
the rules and regulations prescribed by the Acting Secretary of the
Treasury in the Treasury decision approved by me this date, relating to
the inspection of such returns by the Renegotiation Board.
This Executive Order shall become effective upon its filing for
publication in the FEDERAL REGISTER.
THE WHITE HOUSE,
January 17, 1961.
DWIGHT D. EISENHOWER
/6/ 26 U.S.C.A.(I.R.C.1954) 6103(a).
Executive Order No. 10906, 26 F.R. 508, January 20, 1961
By virtue of the authority vested in me by sections 6103(a) and 6106
of the Internal Revenue Code of 1954 (68A Stat. 753, 756; 26 U.S.C.
6103(a), 6106), /4/ it is hereby ordered that returns made in respect of
the taxes imposed by chapters 1, 2, 3, 5, 6, 11, 12, 23, and 32,
subchapters B, C, and D of chapter 33, and subchapter B of chapter 37 of
such Code shall be open to inspection by certain classes of persons and
State and Federal Government establishments in accordance and upon
compliance with the rules and regulations prescribed by the Acting
Secretary of the Treasury in the Treasury decision relating thereto
approved by me this date.
This order shall become effective upon its filing for publication in
the FEDERAL REGISTER, and shall on that date supersede Executive Order
No. 10738 of November 15, 1957, /5/ to the extent that such order is
applicable to inspection by State tax officials after the effective date
of this order of estate and gift-tax returns made under the Internal
Revenue Code of 1939 or the Internal Revenue Code of 1954.
THE WHITE HOUSE,
January 17, 1961.
DWIGHT D. EISENHOWER
/4/ 26 U.S.C.A.(I.R.C.1954) 6103(a), 6106.
/5/ 1957 U.S.Code Cong.& Adm.News, p. 944.
Executive Order No. 10905, 26 F.R. 321, January 17, 1961, AMENDMENT
OF EXECUTIVE ORDER NO. 6260
By virtue of the authority vested in me by section 5(b) of the act of
October 6, 1917, as amended, 12 U.S.C. 95a, /1/ and in view of the
continued existence of the national emergency proclaimed by Proclamation
No. 2914 of December 16, 1950, /2/ I, DWIGHT D. EISENHOWER, President of
the United States of America, do hereby further amend Executive Order
No. 6260, by amended, /3/ as follows:
1. By amending section 2 to read as follows:
"2. As used in this order, the term 'person' means an individual,
partnership, association or corporation; the term 'United States' means
the United States and any place subject to the jurisdiction thereof;
and the term 'person subject to the jurisdiction of the United States'
means: (a) any individual who is a citizen of the United States; (b)
any individual, wherever located, who is a resident of, or domiciled in,
the United States; (c) any partnership, association, corporation or
other organization which is organized or doing business under the laws
of the United States or of any state or territory thereof or the
District of Columbia; and (d) any partnership, association, corporation
or other organization wherever organized or doing business which is
owned or controlled by persons specified in (a), (b), or (c)."
2. By adding at the end thereof a new section 12 reading as follows:
"12. Except under license issued therefor pursuant to the provisions
of this order, no person subject to the jurisdiction of the United
States shall, after the effective date of this section, acquire, hold in
his possession earmark, or retain any interest, legal or equitable, in
any gold coin (other than gold coin having a recognized special value to
collectors of rare and unusual coin), gold certificates, or gold bullion
situated outside of the United States, or any securities issued by any
person holding, as a substantial part of his assets, gold as a store of
value or as, or in lieu of, money and not for a specific and customary
industrial, professional or artistic use. The Secretary of the
Treasury, subject to such other regulations as he may prescribe, is
authorized to issue licenses permitting, until June 1, 1961, the holding
and disposition of any such securities or gold coin, certificates or
bullion acquired by persons subject to the jurisdiction of the United
States prior to the effective date of this section and owned by such
persons on such date. The Secretary is further authorized to issue
licenses permitting the acquisition and holding by persons subject to
the jurisdiction of the United States of gold bullion situated outside
of the United States which the Secretary or such agency as he may
designate is satisfied is required by legitimate and customary use in
the industry, profession or art in which such person is regularly
engaged."
This amendment shall become effective upon filing for publication
with the Office of the FEDERAL REGISTER.
THE WHITE HOUSE,
January 14, 1961.
DWIGHT D. EISENHOWER
/1/ 12 U.S.C.A. 95a.
/2/ 50 App.U.S.C.A.note preceding 1.
/3/ 12 U.S.C.A. 95a note.
Executive Order No. 10904, 26 F.R. 279, January 14, 1961
WHEREAS a dispute exists between certain carriers represented by the
New York Harbor Carriers' Conference Committee, designated in the List
of Carriers attached hereto and hereby made a part hereof, and certain
of their employees represented by the Lighter Captains' Union, Local
996, I.L.A., a labor organization; and
WHEREAS this dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS this dispute, in the judgment of the National Mediation
Board, threatens substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), I hereby create a
board of three members, to be appointed by me, to investigate this
dispute. No member of the board shall be pecuniarily or otherwise
interested in any organization of railroad employees or any carrier.
The board shall report its findings to the President with respect to
the dispute within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by carriers
represented by the New York Harbor Carriers' Conference Committee, or by
their employees, in the conditions out of which the dispute arose.
THE WHITE HOUSE,
January 12, 1961.
The Baltimore & Ohio Railroad Company
The Central Railroad Company of New Jersey
The Erie-Lackawanna Railroad Company
The Lehigh Valley Railroad Company
The New York Central Railroad Company
The New York, New Haven & Hartford Railroad Company
The Pennsylvania Railroad Company
DWIGHT D. EISENHOWER
Executive Order No. 10903, 26 F.R. 217, January 12, 1961, GOVERNMENT
PERSONNEL-- ALLOWANCES, ETC.
By virtue of the authority vested in me by section 301 of title 3 of
the United States Code, /25/ section 303 of the Foreign Service Act of
1946 (22 U.S.C. 843), /26/ and various provisions of law cited in the
body of this order, and as President of the United States, it is hereby
ordered as follows:
SECTION 1. The Secretary of State is hereby designated and empowered
to perform the following-described functions without the approval,
ratification, or other action of the President:
(a) The authority vested in the President by section 111(3) of the
Overseas Differentials and Allowances Act (74 Stat. 792) /27/ to
prescribe regulations defining the term "employee".
(b) The authority vested in the President by Title II of the Overseas
Differentials and Allowances Act /28/ to prescribe regulations,
including the regulations referred to in sections 202, 203, and
221(4)(B) of that Act (governing, respectively, (1) certain waivers of
recovery, (2) the payment of allowances and differentials authorized by
Title II of the Act and certain other matters, and (3) travel expenses
for dependents of certain employees).
(c) The authority vested in the President by section 22 of the
Administrative Expenses Act of 1946 (added by section 311(a) of the
Overseas Differentials and Allowances Act), /29/ (1) to prescribe
regulations governing the allotment to posts in foreign countries, for
the purpose stated in that section, of funds available to the
departments for administrative expenses, and (2) to designate senior
officials of this Government in foreign countries.
(d) The authority vested in the President by section 901 of the
Foreign Service Act of 1946, as amended (22 U.S.C. 1131), /30/ to
prescribe regulations governing allowances in order to provide for the
proper representation of the United States by officers or employees of
the Foreign Service.
(e) The authority vested in the President by other provisions of law
(including section 235(a)(2) of title 38 of the United States Code) /31/
to prescribe regulations governing representation allowances similar to
those authorized by section 901 of the Foreign Service Act of 1946, as
amended.
(f) The authority vested in the President by section 853 of the
Foreign Service Act of 1946, as amended (22 U.S.C. 1093), /32/ to
establish from time to time a list of places which by reason of climatic
or other extreme conditions are to be classed as unhealthful posts, and
to cancel the designation of any place as unhealthful. Each place
designated as unhealthful by the Secretary hereunder shall be so
designated as of January 1, 1942, or as of a later date to be fixed by
the Secretary.
SEC. 2. Executive Order No. 10530 of May 10, 1954, /33/ headed
"Providing for the performance of certain functions vested in or subject
to the approval of the President," as amended, is hereby further amended
as follows:
(1) By adding at the end of section 1 the following new subsections
(s), (t), and (u):
"(s) The authority vested in the President by section 1(e) of the
Administrative Expenses Act of 1946 (added by section 301(c) of the
Overseas Differentials and Allowances Act), and by section 301(d) of the
Overseas Differentials and Allowances Act, to prescribe the regulations
(relating to storage expenses and other matters) provided for in those
sections.
"(t) The authority vested in the President by section 1(f) of the
Administrative Expenses Act of 1946 (added by section 321 of the
Overseas Differentials and Allowances Act) to prescribe regulations
governing transportation of the privately owned motor vehicle of an
employee assigned to a post of duty outside the continental United
States on other than temporary duty orders.
"(u) That part of the functions vested in the President by section
7(a) of the Defense Department Overseas Teachers Pay and Personnel
Practices Act (73 Stat. 216; 5 U.S.C. 2355(a)) which consists of
authority to prescribe regulations relating to storage (including
packing, drayage, unpacking, and transportation to and from storage) of
household effects and personal possessions."
(2) By adding at the end of section 2 the following new subsection
(e):
"(e) The authority vested in the President by section 203(f) of the
Annual and Sick Leave Act of 1951, as amended (65 Stat. 680; 74 Stat.
799-800; 5 U.S.C. 2062(f)), to prescribe regulations governing the
granting of leave of absence as therein described.
SEC. 3. That portion of section 2 of Executive Order No. 10624 of
July 28, 1955, /34/ which precedes the proviso thereof, is hereby
amended to read as follows:
"SEC. 2. In addition to rules and regulations, pertaining to
allowances and benefits, otherwise applicable to personnel assigned
abroad under Title VI of the Act of August 28, 1954, there shall be
applicable to the personnel rules and regulations prescribed by the
Secretary of State in pursuance of (1) so much of the authority vested
in the President by Title II of the Overseas Differentials and
Allowances Act, or by any amendment thereof, as relates to quarters
allowances or cost-of-living allowances, and (2) so much of the
authority vested in the President and the Secretary of State by Title IX
of the Foreign Service Act of 1946, or by any amendment thereof, as
relates to allowances and benefits under the said Title IX:"
SEC. 4. (a) Section 2 of Executive Order No. 10853 of November 27,
1959, /35/ is hereby amended to read as follows:
"SEC. 2. The Secretary of State is hereby authorized and directed to
exercise the following-described statutory powers of the President:
"(a) That part of the functions vested in the President by section
7(a) of the Defense Department Overseas Teachers Pay and Personnel
Practices Act (73 Stat. 216; 5 U.S.C.A. 2355(a)) which consists of
authority to prescribe regulations relating to quarters and quarters
allowance.
"(b) The authority vested in the President by section 8(a)(1) of the
Defense Department Overseas and Teachers Pay and Personnel Practices Act
(73 Stat. 216; 5 U.S.C. 2356(a)(1)) to prescribe regulations relating
to cost-of-living allowances.
"(c) The authority vested in the President by section 235(a) of title
38 of the United States Code to prescribe rules and regulations with
respect to allowances and benefits similar to those provided for in
section 941 of the Foreign Service Act of 1946, as amended (22 U.S.C.
1156)."
(b) The reference in section 1 of Executive Order No. 10853 of
November 27, 1959, /36/ to the regulations contained in Executive Order
No. 10000 of September 16, 1948, /37/ shall be deemed to include a
reference to the corresponding regulations prescribed in pursuance of
the provisions of this order.
SEC. 5. (a) The following-described Executive order and parts
thereof are hereby revoked, subject to the provisions of section 5(b) of
this order:
1. Parts I, III, IV, and V of Executive Order No. 10000 of September
16, 1948.
2. Executive Order No. 10011 of October 22, 1948.
3. Executive Order No. 10085 of October 28, 1949. /38/
4. Executive Order No. 10100 of January 28, 1950. /39/
5. Executive Order No. 10187 of December 4, 1950. /40/
6. Executive Order No. 10261 of June 27, 1951. /41/
7. Executive Order No. 10313 of December 14, 1951. /42/
8. Executive Order No. 10391 of September 3, 1952. /43/
9. Executive Order No. 10503 of December 1, 1953. /44/
10. Executive Order No. 10623 of July 23, 1955. /45/
11. Section 1 and, to the extent that it pertains to Executive Order
No. 10000, section 3 of Executive Order No. 10636 of September 16, 1955.
/46/
(b) Existing rules and regulations prescribed in or pursuant to the
Executive order provisions revoked by section 5(a) of this order, other
existing rules and regulations pertaining to allowances, differentials,
and other benefits corresponding to those authorized by the provisions
of law referred to in this order, and actions heretofore taken in
pursuance of any thereof, shall remain in effect until hereafter
superseded in pursuance of the provisions of this order.
SEC. 6. This order, and such of the regulations prescribed by the
Secretary of State, the Director of the Bureau of the Budget, and the
Civil Service Commission thereunder as the Secretary, Director, and
Commission shall, respectively, determine, shall be published in the
FEDERAL REGISTER.
THE WHITE HOUSE,
January 9, 1961.
DWIGHT D. EISENHOWER
/25/ 3 U.S.C.A. 301.
/26/ 22 U.S.C.A. 843.
/27/ 5 U.S.C.A. 3032.
/28/ 5 U.S.C.A. 3033 et seq.
/29/ 5 U.S.C.A. 3039.
/30/ 22 U.S.C.A. 1131.
/31/ 38 U.S.C.A. 235(a)(2).
/32/ 22 U.S.C.A. 1093.
/33/ 3 U.S.C.A. 301 note.
/34/ 7 U.S.C.A. 1762 note.
/35/ 1959 U.S.Code Cong.& Adm.News, p. 1128.
/36/ 1959 U.S.Code Cong.& Adm.News, p. 1128.
/37/ 1948 U.S.Code Cong.& Adm.News, p. 2766.
/38/ 1949 U.S.Code Cong.& Adm.News, p. 2772.
/39/ 1950 U.S.Code Cong.& Adm.News, p. 1577.
/40/ 1950 U.S.Code Cong.& Adm.News, p. 1678.
/41/ 1951 U.S.Code Cong.& Adm.News, p. 1049.
/42/ 1952 U.S.Code Cong.& Adm.News, p. 1018.
/43/ 1952 U.S.Code Cong.& Adm.News, p. 1091.
/44/ 1953 U.S.Code Cong.& Adm.News, p. 1077.
/45/ 1955 U.S.Code Cong.& Adm.News, p. 1089.
/46/ 1955 U.S.Code Cong.& Adm.News, p. 1100.
Executive Order No. 10902, 26 F.R. 217, January 12, 1961
By virtue of the authority vested in me by the provisions of
Reorganization Plan No. 1 of 1958 (72 Stat. 1799), the Defense
Production Act of 1950, as amended (50 U.S.C.App. 2061 et seq), /21/ and
section 301 of title 3 of the United States Code, /22/ and as President
of the United States, it is hereby ordered as follows:
SECTION 1. In connection with carrying out the functions delegated
or otherwise assigned to him by the provisions of Executive Order No.
10773 of July 1, 1958, /23/ as amended by Executive Order No. 10782 of
September 6, 1958, /24/ or by the provisions of other orders thereby
amended, the Director of the Office of Civil and Defense Mobilization
shall establish a series of civil-defense and defense mobilization
planning assignments which (1) shall be known as "Emergency Preparedness
Orders," (2) shall, so far as practicable, be of uniform character, and
(3) shall be designed to provide for the development of civil-defense
and defense mobilization plans and programs by the several departments
and agencies of the executive branch of the Government to meet all
conditions of national emergency, including attack upon the United
States.
SEC. 2. The head of each department and agency assigned
civil-defense and defense mobilization functions by the Director of the
Office of Civil and Defense Mobilization in consonance with the
provisions of section 1 of this order shall develop the plans and
programs there referred to under the policy direction and central
program control of the Director of the Office of Civil and Defense
Mobilization.
SEC. 3. Nothing in this order or in the National Plan for Civil
Defense and Defense Mobilization shall be construed as conferring
authority to put into effect and plan, procedure, policy, program, or
other course of action prepared or developed pursuant to this order or
the National Plan.
THE WHITE HOUSE,
January 9, 1961.
DWIGHT D. EISENHOWER
/21/ 50 U.S.C.A.App. 2061 et seq.
/22/ 3 U.S.C.A. 301.
/23/ 50 U.S.C.A.App. 2271 note.
/24/ 50 U.S.C.A.App. 2271 note.
Executive Order No. 10901, 26 F.R. 217, January 12, 1961, OFFICIAL
INFORMATION-- DEFENSE OF U.S.
By virtue of the authority vested in me by the Constitution and
statutes of the United States, and as President of the United States,
and deeming such action necessary in the best interest of the national
security, it is ordered as follows:
SECTION 1. Section 2 of Executive Order No. 10501 of November 5,
1953, is amended to read as follows:
"Sec. 2. Limitation of authority to classify. The authority to
classify defense information or material under this order shall be
limited in the departments, agencies, and other units of the executive
branch as hereinafter specified.
"(a) In the following departments, agencies, and Governmental units,
having primary responsibility for matters pertaining to national
defense, the authority for original classification of information or
material under this order may be exercised by the head of the
department, agency, or Governmental unit concerned or by such
responsible officers or employees as he, or his representative, may
designate for that purpose. The delegation of such authority to
classify shall be limited as severely as is consistent with the orderly
and expeditious transaction of Government business.
The White House Office
President's Science Advisory Committee
Bureau of the Budget
Council of Economic Advisers
National Security Council
Operations Coordinating Board
Central Intelligence Agency
Office of Civil and Defense Mobilization
Department of State
International Cooperation Administration
Department of the Treasury
Department of Defense
Department of the Army
Department of the Navy
Department of the Air Force
Department of Justice
Department of Commerce
Department of Labor
Atomic Energy Commission
Canal Zone Government
Council on Foreign Economic Policy
Development Loan Fund
Federal Aviation Agency
Federal Communications Commission
Federal Radiation Council
United States Civil Service Commission
United States Information Agency
"(b) In the following departments, agencies, and Governmental units,
having partial but not primary responsibility for matters pertaining to
national defense, the authority for original classification of
information or material under this order shall be exercised only by the
head of the department, agency, or Governmental unit without delegation:
Post Office Department
Department of the Interior
Department of Agriculture
Department of Health, Education, and Welfare
Civil Aeronautics Board
Federal Power Commission
Government Patents Board
National Science Foundation
Panama Canal Company
Renegotiation Board
Small Business Administration
Subversive Activities Control Board
Tennessee Valley Authority
"(c) Any agency or unit of the executive branch not named herein, and
any such agency or unit which may be established hereafter, shall be
deemed not to have authority for original classification of information
or material under this order, except as such authority may be
specifically conferred upon any such agency or unit hereafter."
SEC. 2. My memoranda of November 5, 1953, and May 7, 1959 (24 F.R.
3777), and my memorandum of March 9, 1960, (25 F.R. 2073), are hereby
revoked.
THE WHITE HOUSE,
January 9, 1961.
DWIGHT D. EISENHOWER
/20/ 50 U.S.C.A. 401 note.
Executive Order No. 10900, 26 F.R. 143, January 10, 1961,
AGRICULTURAL TRADE DEVELOPMENT
By virtue of the authority vested in me by section 301 of title 3 of
the United States Code, /2/ and as President of the United States, it is
ordered as follows:
Section 1. Department of Agriculture. (a) Except as otherwise
provided in this order, the functions conferred upon the President by
Title I and IV of the Agricultural Trade Development and Assistance Act
of 1954 (7 U.S.C. 1691-1694; 1731-1736) /3/ are hereby delegated to the
Secretary of Agriculture.
(b) The administration on behalf of the United States of the credit
provisions of agreements entered into pursuant to Title IV of the Act
(including the receiving of payments under agreements) shall be
performed by such Federal agency or agencies as shall hereafter be
designated therefor by the President.
(c) The Department of Agriculture shall transmit to the Senate and
House of Representatives of the United States and to the Committees on
Agriculture and Appropriations thereof the reports required by the
provisions of paragraph (5) of the act of August 13, 1957, 71 Stat. 345
(7 U.S.C. 1704a). /4/
Sec. 2. Department of State-- administration of Title II. The
functions conferred upon the President by Title II of the Act (7 U.S.C.
1701-1709) /5/ are hereby delegated to the Secretary of State.
Sec. 3. Department of State-- other functions. (a) The functions of
negotiating and entering into agreements with friendly nations or
organizations of friendly nations conferred upon the President by the
Act are hereby delegated to the Secretary of State.
(b) All functions under the Act, however vested, delegated or
assigned, shall be subject to the responsibilities of the Secretary of
State with respect to the foreign policy of the United States as such
policy relates to such functions.
(c) The provisions of Part II of Executive Order No. 10893 of
November 8, 1960, /6/ are hereby extended and made applicable to the
functions provided for in the Act and to United States agencies and
personnel concerned with the administration abroad of such functions.
Sec. 4. Foreign currencies. (a)(1) The amounts of foreign
currencies which accrue under Title I of the Act to be used for the
loans described in section 104(g) of the Act, /7/ and the amounts of
such currencies to be used for loans by the Export-Import Bank pursuant
to section 4(d)(5) of this order, shall be the amounts thereof
specified, or shall be the amounts thereof corresponding to the dollar
amounts specified, for such loans in sales agreements entered into
pursuant to section 3(a) of this order. The Department of State may
allocate or transfer to the Development Loan Fund foreign currencies to
be used for loans made by the latter under section 104(g) of the Act in
pursuance of section 4(d)(7)(i) hereof.
(2) Except as otherwise provided in section 4(a)(1) hereof and except
as otherwise required by law (74 Stat. 233; 238; section 104(h) of the
Act), and, if applicable, within the amounts purchasable with the
several appropriations, the Director of the Bureau of the Budget shall
from time to time fix amounts of foreign currencies which accrue under
Title I of the Act to be used for the purposes described in the
respective lettered paragraphs of section 104 of the Act. To the extent
necessary, the Director of the Bureau of the Budget shall allocate among
the Government agencies concerned the amounts of foreign currencies so
fixed.
(3) The function conferred upon the President by the penultimate
proviso of section 104 of the Act of waiving the applicability of
section 1415 of the Supplemental Appropriation Act, 1953 (31 U.S.C.
724), /8/ is hereby delegated to the Director of the Bureau of the
Budget.
(b) The Secretary of the Treasury is hereby authorized to prescribe
regulations governing the purchase, custody, deposit, transfer, and sale
of foreign currencies received under the Act.
(c) The foregoing provisions of this section shall not be deemed to
limit section 3 of this order, and the provisions of subsection (b) of
this section shall not be deemed to limit subsection (a) thereof.
(d) The purposes described in the lettered paragraphs of section 104
of the Act (7 U.S.C. 1704) /9/ shall be carried out, with foreign
currencies made available in consonance with law and the provisions of
this order, as follows:
(1) Those under section 104(a) of the Act by the Department of
Agriculture.
(2) Those under section 104(b) of the Act by the Office of Civil and
Defense Mobilization. The function conferred upon the President by that
section of determining, from time to time, materials to be contracted
for or to be purchased for a supplemental stockpile is hereby delegated
to the Director of the Office of Civil and Defense Mobilization.
(3) Those under section 104(c) of the Act by the Department of
Defense or the Department of State, as those agencies shall agree, or in
the absence of agreement, as the Director of the Bureau of the Budget
shall determine.
(4) Those under sections 104(d) and 104(e) of the Act by the
Department of State, except to the extent that section 104(e) pertains
to the loans referred to in subsection (d)(5) of this section.
(5) Those under section 104(e) of the Act by the Export-Import Bank
of Washington to the extent that section 104(e) pertains to loans
governed by that portion of such section added by the act of August 13,
1957, 71 Stat. 345.
(6) Those under section 104(f) of the Act by the respective agencies
of the Government having authority to pay United States obligations
abroad.
(7)(i) Those under section 104(g) of the Act by the Department of
State and by the Development Loan Fund, as they shall agree. (ii) The
function conferred upon the President by section 104(g) of the Act of
determining the manner in which the loans provided for in section 104(g)
shall be made is hereby delegated to the Secretary of State with respect
to loans made by the Department of State pursuant to the assignment of
purposes effected under item (i) of this paragraph, and to the
Development Loan Fund with respect to loans made by the Development Loan
Fund pursuant to such assignment of purposes. (iii) As used herein, the
term "the Development Loan Fund" means the Managing Director of the
Development Loan Fund, acting subject to the immediate supervision and
direction of the board of directors of the Development Loan Fund; but,
notwithstanding the foregoing, the Development Loan Fund, with respect
to this order, shall be subject to the supervision and direction of the
Secretary of State.
(8) Those under sections 104(h), 104(o), 104(p), and 104(q) of the
Act by the Department of State.
(9) Those under sections 104(i) and 104(m) of the Act by the United
States Information Agency.
(10) Those under section 104(j) of the Act by the Department of State
and by the United States Information Agency in accordance with the
division of responsibilities for the administration of the United States
Information and Educational Exchange Act of 1948 (62 Stat. 6) provided
by Reorganization Plan No. 8 of 1953 (67 Stat. 642) and Executive Order
No. 10477 of August 1, 1953, and by subsequent agreement between the
Department of State and the United States Information Agency.
(11) Those under section 104(k) of the Act as follows: (i) Those
with respect to collecting, collating, translating, abstracting, and
disseminating scientific and technological information by the Director
of the National Science Foundation and such other agency or agencies as
the Director of the Bureau of the Budget, after appropriate
consultation, may designate. (ii) Those with respect to programs of
cultural and educational development, health, nutrition, and sanitation
by the Department of State. (iii) All others by such agency or agencies
as the Director of the Bureau of the Budget, after appropriate
consultation, may designate. As used in this paragraph the term
"appropriate consultation" shall include consultation with the Secretary
of State, the Director of the National Science Foundation, and any other
appropriate Federal agency.
(12) Those under section 104(l) of the Act by the Department of State
and by any other agency or agencies designated therefor by the Secretary
of State.
(13) Those under section 104(n) of the Act by the Librarian of
Congress.
(14) Those under section 104(r) of the Act by the Department of State
and by the United States Information Agency, as they shall agree.
(e) In negotiating international agreements in pursuance of the Act,
the Secretary of State shall endeavor to avoid restrictions which would
limit the application of normal budgetary and appropriation controls to
the use of those foreign currencies accruing under Title I of the Act
which are to be available for operations of United States Government
agencies.
Sec. 5. Reservation of functions to the President. There are hereby
reserved to the President the functions conferred upon him by section
108 of the Act (including that section as affected by section 406 of the
Act), /10/ with respect to making reports to Congress.
Sec. 6. Definition; references. (a) As used in this order, the
term "Act" and the term "Agricultural Trade Development and Assistance
Act of 1954" mean the Agricultural Trade Development and Assistance Act
of 1954 (68 Stat. 454) as amended from time to time, /11/ and include,
except as may be inappropriate, provisions thereof amending other laws.
(b) References in any prior order not superseded by this order to any
provisions of any Executive order superseded by this order shall
hereafter be deemed to be references to the corresponding provisions, if
any, of this order.
(c) References in this order or in any other Executive order to this
order or any provision of this order shall be deemed to include
references thereto, respectively, as amended from time to time.
Sec. 7. Superseding and saving provisions. (a) To the extent not
heretofore superseded, the following-described orders and parts of
orders are hereby superseded:
(1) Executive Order No. 10560 of September 9, 1954. /12/
(2) Executive Order No. 10685 of October 27, 1956. /13/
(3) Executive Order No. 10708 of May 6, 1957. /14/
(4) Executive Order No. 10746 of December 12, 1957. /15/
(5) Sections 1 and 2 of Executive Order No. 10799 of January 15,
1959. /16/
(6) Executive Order No. 10827 of June 25, 1959. /17/
(7) Executive Order No. 10884 of August 17, 1960. /18/
(8) Without prejudice to section 3(c) of this order, the text
enclosed in parentheses in section 304(a)(2) of Executive Order No.
10893 of November 8, 1960. /19/
(b) Except to the extent that they may be inconsistent with this
order, all determinations, authorizations, regulations, rulings,
certificates, orders, directives, contracts, agreements, and other
actions made, issued, or entered into with respect to any function
affected by this order and not revoked, superseded, or otherwise made
inapplicable before the date of this order, shall continue in full force
and effect until amended, modified, or terminated by appropriate
authority.
THE WHITE HOUSE,
January 5, 1961
DWIGHT D. EISENHOWER
/2/ 3 U.S.C.A. 301.
/3/ 7 U.S.C.A. 1691-1694 and Secs. 1731-1736.
/4/ 7 U.S.C.A. 1704a.
/5/ 7 U.S.C.A. 1701-1709.
/6/ 1960 U.S.Code Cong.& Adm.News, p. 1695.
/7/ 7 U.S.C.A. 1704.
/8/ 31 U.S.C.A. 724.
/9/ 7 U.S.C.A. 1704.
/10/ 7 U.S.C.A. 1708.
/11/ 7 U.S.C.A. 1691.
/12/ 1954 U.S.Code Cong.& Adm.News, p. 1862.
/13/ 1956 U.S.Code Cong.& Adm.News, p. 4986.
/14/ 1957 U.S.Code Cong.& Adm.News, p. 898.
/15/ 1958 U.S.Code Cong.& Adm.News, p. 5542.
/16/ 1959 U.S.Code Cong.& Adm.News, p. 1035.
/17/ 1959 U.S.Code Cong.& Adm.News, p. 1088.
/18/ 1960 U.S.Code Cong.& Adm.News, p. 1686.
/19/ 1960 U.S.Code Cong.& Adm.News, p. 1695.
Executive Order No. 10899, 25 F.R. 12729, December 13, 1960
By virtue of the authority vested in me by the Atomic Energy Act of
1954, as amended (hereinafter referred to as the Act; 42 U.S.C. 2011 et
seq.), /1/ and as President of the United States, it is ordered as
follows:
The Central Intelligence Agency is hereby authorized to communicate
for intelligence purposes, in accordance with the terms and conditions
of any agreement for cooperation arranged pursuant to subsections 144a,
b, or c of the Act (42 U.S.C. 2162(a), (b), or (c)), such Restricted
Data and data removed from the Restricted Data category under subsection
142d of the Act (42 U.S.C. 2162(d)) as is determined
(i) by the President, pursuant to the provisions of the Act, or
(ii) by the Atomic Energy Commission and the Department of Defense,
jointly pursuant to the provisions of Executive Order No. 10841,
to be transmissible under the agreement for cooperation involved.
Such communications shall be effected through mechanisms established by
the Central Intelligence Agency in accordance with the terms and
conditions of the agreement for cooperation involved: Provided, that no
such communication shall be made by the Central Intelligence Agency
until the proposed communication has been authorized either in
accordance with procedures adopted by the Atomic Energy Commission and
the Department of Defense and applicable to conduct of programs for
cooperation by those agencies, or in accordance with procedures approved
by the Atomic Energy Commission and the Department of Defense and
applicable to conduct of programs for cooperation by the Central
Intelligence Agency.
THE WHITE HOUSE,
December 9, 1960.
DWIGHT D. EISENHOWER
/1/ 42 U.S.C.A. 2011 et seq.
Executive Order No. 10898, 25 F.R. 12429, December 6, 1960,
INTERDEPARTMENTAL HIGHWAY SAFETY BOARD
By virtue of the authority vested in me as President of the United
States, it is hereby ordered as follows:
Section 1. (a) For the purpose of providing Federal leadership and
guidance of existing and future official activities that affect the
safety of travel on public streets and highways and to establish a
coordinated traffic safety program for Federal agencies, there is hereby
established the Interdepartmental Highway Safety Board, hereinafter
referred to as the Board.
(b) The Board shall have as members the following:
(1) The Secretary of Commerce, who shall be the chairman of the
Board.
(2) The Secretary of Defense.
(3) The Postmaster General.
(4) The Secretary of Health, Education, and Welfare.
(5) The Chairman of the Interstate Commerce Commission.
(6) The Administrator of General Services.
(c) Each head of agency referred to in subsection (b) may provide for
an alternate member who shall serve as a member of the Board in lieu of
the regular member representing the agency when such regular member is
unable to attend any meeting of the Board; and any alternate member
shall while serving as such have in all respects the same status as a
member of the Board as would have the regular member in whose place he
is serving.
(d) Three members of the Board shall constitute a quorum thereof.
Sec. 2. The functions and duties of the Board shall be as follows:
(a) To provide leadership to, and to coordinate the traffic safety
aspects of programs carried on by, the departments and agencies of the
Federal Government.
(b) To evaluate the continuing needs in traffic safety research and
to formulate plans, priorities, and programs for the conduct of or for
assistance to the most urgently needed research through departments and
agencies of the Federal Government.
(c) To consult and cooperate with State and local officials having a
public responsibility for traffic safety and their national
associations, with the motor vehicle industry, and with other related
interests, in the development and improvement, and particularly in the
application, of traffic safety standards in areas such as uniform
traffic laws, enforcement practices, accident records, driver licensing,
motor vehicle equipment and inspection, traffic engineering, and safety
education.
(d) To conduct continuing studies of national traffic safety needs as
they relate to legislative and administrative actions by the Federal
Government, and to report thereon.
(e) To perform such other functions and duties as the President may
direct to coordinate more effectively the policies, programs, and
functions of the departments and agencies of the Federal Government
relating to traffic safety, including accident reporting, and to insure
an orderly relationship among Federal, State, and local traffic safety
programs.
Sec. 3. Consonant with law, each agency represented on the Board
shall, as may be necessary for the effectuation of the purpose of this
order, furnish assistance to the Board in accordance with section 214 of
the act of May 3, 1945, 59 Stat. 134 (31 U.S.C. 691). Such assistance
may include detailing employees to the Board, one of whom may serve as
Executive Officer, to perform such functions, consistent with the
purpose of this order, as the Board may assign to them.
Sec. 4. The Board shall be advisory to its individual members and to
other heads of executive agencies; and this order shall not be
construed as subjecting any agency, officer, or function to its control.
The President's Committee for Traffic Safety (provided for in Executive
Order No. 10858 of January 13, 1960) shall serve as consultant and
advisor to the Board.
Sec. 5. The Board shall, from time to time, submit reports to the
President on the national progress in traffic safety. The first such
report shall include determinations of the status of Federal legislative
and administrative needs in the several areas of traffic safety and
recommendations for executive or legislative action.
THE WHITE HOUSE,
December 2, 1960.
DWIGHT D. EISENHOWER
Executive Order No. 10897, 25 F.R. 12429, December 6, 1960
By virtue of the authority vested in me by section 303 of the Foreign
Service Act of 1946 (60 Stat. 1002; 22 U.S.C. 843), /6/ and section 202
of the Revised Statutes (5 U.S.C. 156), /7/ it is ordered as follows:
Section 1. The Secretary of State is hereby authorized to exercise
the following-described authority of the President:
(a) The authority vested in the President by section 801(a) of the
Foreign Service Act of 1946 (22 U.S.C. 1061(a)) /8/ to prescribe rules
and regulations for the maintenance of the Foreign Service Retirement
and Disability System.
(b) The authority vested in the President by section 803(c)(1) of the
Foreign Service Act of 1946, as amended (22 U.S.C. 1063(c)(1)), /9/ to
prescribe regulations governing the participation of certain Foreign
Service staff officers and employees in the Foreign Service Retirement
and Disability System.
(c) The authority vested in the President by section 881(a) of the
Foreign Service Act of 1946, as amended (22 U.S.C. 1116(a)), /10/ to
prescribe regulations regulations governing the deposit of voluntary
contributions into the Foreign Service Retirement and Disability Fund.
Sec. 2. Executive Order No. 9941 of March 26, 1948, is hereby
superseded.
Sec. 3. This order shall be effective as of October 16, 1960; and
the Secretary of State, in his discretion and consistent with law, may
make rules and regulations issued pursuant to section 1 hereof effective
on or after that date.
THE WHITE HOUSE,
December 2, 1960.
DWIGHT D. EISENHOWER
/6/ 22 U.S.C.A. 843.
/7/ 5 U.S.C.A. 156.
/8/ 22 U.S.C.A. 1061(a).
/9/ 22 U.S.C.A. 1063(c)(1).
/10/ 22 U.S.C.A. 1116(a).
Executive Order No. 10896, 25 F.R. 12281, December 1, 1960, EXECUTIVE
ORDER NO. 6260
By virtue of the authority vested in me by section 5(b) of the act of
October 6, 1917, as amended, 12 U.S.C. 95a, /3/ and in view of the
continued existence of the national emergency proclaimed by Proclamation
No. 2914 of December 16, 1950, /4/ I, DWIGHT D. EISENHOWER, President of
the United States of America, do hereby confirm Executive Order No. 6260
of August 28, 1933, as amended, /5/ and do hereby further amend
Executive Order No. 6260 as follows:
1. Section 3 is revoked.
2. The first paragraph of section 5 is amended by deleting the
proviso at the end thereof, and by inserting a period in place of the
colon after the phrase "this Executive Order" where it appears in such
paragraph.
3. Section 7 is revoked.
This amendment of Executive Order No. 6260, as amended, shall not
affect any act done, or any right accruing or accrued or any suit or
proceeding had or commenced in any civil or criminal cause prior to the
effective date of this amendment, and all penalties, forfeitures, and
liabilities under Executive Order No. 6260, as heretofore amended, shall
continue and may be enforced as if this amendment had not been made.
All licenses, orders, rules, or regulations heretofore issued under
Executive Order No. 6260, as amended, and now in effect, including the
Gold Regulations constituting Part 54 of Title 31 of the Code of Federal
Regulations, are hereby approved, ratified, and confirmed and shall
continue in full force and effect until amended, modified, or revoked by
the Secretary of the Treasury.
This amendment shall become effective upon filing for publication
with the Office of the Federal Register.
THE WHITE HOUSE,
November 29, 1960.
DWIGHT D. EISENHOWER
/3/ 12 U.S.C.A. 95a.
/4/ Note preceding 50 App.U.S.C.A. 1.
/5/ 12 U.S.C.A. 95a note.
Executive Order No. 10895, 25 F.R. 12165, November 29, 1960
By virtue of the authority vested in me by section 1586(f) of title
10 of the United States Code, /2/ and as President of the United States,
and having determined that such action is necessary in the national
interest, it is ordered as follows:
Section 1. Assignment of an employee to duty in the State of Alaska
or Hawaii under regulations prescribed pursuant to section 1586 of title
10 of the United States Code shall be held and considered, for the
purposes of that section, to be an assignment to duty outside the United
States.
Sec. 2. The Secretary of Defense shall from time to time, and at
least annually, consider the need for continuing this order in effect,
and he shall recommend the revocation thereof at such time as he may
deem such action advisable.
THE WHITE HOUSE,
November 25, 1960.
DWIGHT D. EISENHOWER
/2/ 10 U.S.C.A. 1586(f).
Executive Order No. 10894, 25 F.R. 10913, November 17, 1960
WHEREAS migratory labor plays an essential part in the Nation's
economy, particularly in agriculture, in jobs of a temporary or seasonal
nature; and
WHEREAS a substantial number of workers and their families migrate
annually to find employment on farms and in rural communities, and
perform services in many States; and
WHEREAS most of such workers are unskilled and have annual earnings
that are low; travel and housing conditions that are often substandard;
limited educational opportunities for their children because of
migration; less access to community services than permanent residents;
and, because of the seasonal or short-term nature of their employment,
have difficulty in accumulating assets adequate for satisfactory living
conditions; and
WHEREAS many of the workers and their families are handicapped in
seeking economic and social attainments because of the seasonal nature
of their employment; and
WHEREAS it is in the national interest to assist such migratory
workers and their families in achieving working and living conditions
more compatible with those of other workers in the Nation; and
WHEREAS on August 26, 1954, I established a Federal Interdepartmental
Committee on Migratory Labor, later designated as the President's
Committee on Migratory Labor, to assume leadership in developing
cooperative relations in improving the social and economic welfare of
our domestic migratory farm workers; and
WHEREAS, in order that the President's Committee on Migratory Labor
may be enabled to make even greater progress toward the achievement of
its objectives, it is now appropriate to consolidate its accomplishments
and to provide for more formal Federal organization for its activities
with respect to migratory labor programs, and with continuing
recognition of the responsibility of the individual States in the field
of migratory labor:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, it is hereby ordered as follows:
Section 1. (a) There is hereby established, subject to the
provisions of this order, the President's Committee on Migratory Labor
(hereinafter referred to as the Committee), which shall be composed of
the Secretary of Labor, who shall be Chairman of the Committee, the
Secretary of Agriculture, the Secretary of the Interior, the Secretary
of Health, Education, and Welfare, and the Administrator of the Housing
and Home Finance Agency.
(b) To assure effective functioning of the Committee and
uninterrupted participation of each department and agency represented on
the Committee, the head of each such department or agency shall
designate an appropriate officer or employee of his department or agency
as an alternate member to participate in the affairs of the Committee
whenever the member may be absent or otherwise unable to participate.
(c) The Committee may request the head of any other Federal
department or agency to designate a representative to participate in the
affairs of the Committee as desirable in furthering the work of
migratory labor programs.
Sec. 2. The Committee shall (1) maintain continuing review and
assessment of the needs of migrant workers and their families, (2) aid
the various Federal agencies in mobilizing, stimulating, and
coordinating more effective programs and services for such migrants and
in providing services to State and local areas through their constituent
agencies, (3) facilitate and encourage the development of actions
designed to promote improved living and working conditions of migratory
workers, and (4) work with State and other public and non-public
agencies in improving the living and working conditions of migratory
workers.
To these ends the Committee is empowered to enlist the aid and
cooperation of Federal officials, Governors' Committees, local
committees, National civic and church groups, and employer and worker
organizations.
Sec. 3. The Departments and agencies represented on the Committee
shall, as may be necessary for the purpose of effectuating the
provisions of this order, furnish assistance to the Committee including
detailing of personnel, but excluding transfer of funds, in accordance
with section 214 of the act of May 3, 1945, 59 Stat. 134 (31 U.S.C.
691), /1/ or any other applicable laws. The Department of Labor shall
provide necessary space and facilities for the Committee.
THE WHITE HOUSE,
November 15, 1960.
DWIGHT D. EISENHOWER
/1/ 31 U.S.C.A. 691.
Executive Order No. 10893, 25 F.R. 10731, November 10, 1960, MUTUAL
SECURITY AND RELATED FUNCTIONS
By virtue of the authority vested in me by the Mutual Security Act of
1954, 68 Stat. 832, as amended (22 U.S.C. 1750 et seq.), /7/ and section
301 of title 3 of the United States Code, /8/ and as President of the
United States and Commander in Chief of the armed forces of the United
States, it is ordered as follows:
Section 101. Department of State. (a) Exclusive of the functions
otherwise delegated, or excluded from delegation, by this order, and
subject to the provisions of this order, there are hereby delegated to
the Secretary of State all functions conferred upon the President (1) by
the Mutual Security Act of 1954, hereinafter referred to as the Act, (2)
by the Mutual Defense Assistance Control Act of 1951, 65 Stat. 644 (22
U.S.C. 1611 et seq.), and (3) by those provisions of acts appropriating
funds under the authority of the Act which are wholly or primarily
relevant to the Act.
(b) In determining upon the furnishing of assistance on terms of
repayment pursuant to the Act, and upon the amounts and terms of such
assistance, the Secretary of State shall consult with the National
Advisory Council on International Monetary and Financial Problems in
respect of policies relating to such assistance and terms. The
Secretary of State shall also consult the Council with respect to
policies concerning the utilization of funds in the Special Account
provided for in section 142(b) of the Act and concerning such other
matters as are within the cognizance of the Council pursuant to section
4 of the Bretton Woods Agreements Act (22 U.S.C. 286 et seq.).
(c) In carrying out the functions conferred upon the President by
section 414 of the Act, the Secretary of State shall consult with
appropriate agencies. Designations, including changes in designations,
by the Secretary of State of articles which shall be considered as arms,
ammunition, and implements of war, including technical data relating
thereto, under that section shall have the concurrence of the Secretary
of Defense.
(d) The maintenance of special missions or staffs abroad, the fixing
of the ranks of the chiefs thereof after the chiefs of the United States
diplomatic missions, and the authorization of the same compensation and
allowances as the chief of mission, class 3 and class 4, within the
meaning of the Foreign Service Act of 1946, 60 Stat. 999 (22 U.S.C. 801
et seq.), all under section 526 of the Act, shall have the approval of
the Secretary of State.
(e) All functions under the Act, the Mutual Defense Assistance
Control Act of 1951, and the United States Information and Educational
Exchange Act of 1948, 62 Stat. 6 (22 U.S.C. 1431 et seq.), and all
functions under those provisions of acts appropriating funds under the
authority of the Act which are wholly or primarily relevant to the Act,
however vested, delegated, or assigned, shall be subject to the
responsibilities of the Secretary of State with respect to the foreign
policy of the United States.
Sec. 102. Department of Defense. (a) Subject to the provisions of
this order, there are hereby delegated to the Secretary of Defense:
(1) The functions conferred upon the President by Chapter I of the
Act, exclusive of (i) those so conferred by section 105(b)(3) thereof,
(ii) so much of those so conferred by the third sentence of section
105(b)(4) of the Act as consists of determining that internal security
requirements may be the basis for programs of military assistance in the
form of services, (iii) so much of those so conferred by the first
sentence of section 106(b) of the Act as consists of determining that a
nation or international organization may make available the fair value
of equipment, materials, or services, sold thereto or rendered therefor,
at a time or times other than in advance of delivery of the equipment,
materials, or services, and (iv) those reserved to the President by
section 110 of this order.
(2) The functions conferred upon the President by sections 142(a)(7)
and 511(c) of the Act.
(3) To the extent that they relate to other functions under the Act
administered by the Department of Defense, the functions conferred upon
the President by sections 142(a)(10), 505(a), 511(b), 527(a), 528,
529(a), and 550 of the Act.
(4) The functions conferred upon the President by the fourth and
fifth provisos of section 108 of the Mutual Security Appropriation Act,
1956, 69 Stat. 438.
(b) In carrying out the functions under section 550 of the Act
delegated to him by the foregoing provisions of this section, the
Secretary of Defense shall consult with the Secretary of State.
Sec. 103. Department of the Treasury. There is hereby delegated to
the Secretary of the Treasury the function conferred upon the President
by the fifth sentence of section 505(b) of the Act.
Sec. 104. Department of Commerce. (a) There is hereby delegated to
the Secretary of Commerce so much of the functions conferred upon the
President by section 413(b)(1) of the Act as consists of drawing the
attention of private enterprise to opportunities for investment and
development in other free nations.
(b) The Secretary of Commerce is hereby designated as the officer
through whom the functions provided for in the first sentence of section
416 of the Act shall be carried out.
Sec. 105. Development Loan Fund. There are hereby delegated to the
Managing Director of the Development Loan Fund, acting subject to the
supervision and direction of the board of directors of the Development
Loan Fund:
(1) So much of the functions conferred upon the President by section
504(a) of the Act as consists of assisting American small business to
participate equitably in the furnishing of commodities and services
financed with funds authorized under Title II of Chapter II of the Act.
(2) So much of the functions conferred upon the President by section
527(a) of the Act as consists of determining such personnel as need be
employed by the Development Loan Fund to carry out the provisions and
purposes of the Act.
Sec. 106. Cost-sharing arrangements. The functions conferred upon
the President by section 527(e) of the Act are hereby delegated to the
several heads of agencies in respect of any functions under the Act
performed by officers and employees of those agencies, respectively.
Sec. 107. Studies. (a) The Departments of State and Commerce and
such other agencies as they deem appropriate shall conduct the annual
studies under section 413(c) of the Act.
(b) The Department of State and such other agencies as it deems
appropriate shall conduct the study under section 413(d) of the Act.
Sec. 108. United States Information Agency. The United States
Information Agency shall perform the functions provided for by law with
respect to publicizing abroad the activities carried out under the Act.
Sec. 109. Allocation, advance, and transfer of funds. (a) Funds
heretofore or hereafter appropriated or otherwise made available to the
President for carrying out the Act shall be deemed to be allocated or
advanced without any further action of the President, as follows:
(1) There are allocated to the Secretary of State all funds for
carrying out the Act except those made available exclusively for
carrying out Chapter I and Title II of Chapter II of the Act.
(2) There are allocated to the Secretary of Defense funds made
available exclusively for carrying out Chapter I of the Act; but, for
the purposes of the second sentence of section 108 of the Mutual
Security Appropriation Act, 1956, such funds shall be available only
when and in such amounts as they have been apportioned, for use, by the
Bureau of the Budget.
(3) Funds for carrying out Title II of Chapter II of the Act shall be
advanced to the Development Loan Fund.
(b) The Secretary of State, the Secretary of Defense, and the
Development Loan Fund may allocate or transfer, as appropriate, any
funds received under paragraphs (1), (2), and (3), respectively, of
subsection (a) of this section, to any agency, or part thereof, for
obligation or expenditure thereby consistent with applicable law,
subject, however, to the provisions of section 110(2) of this order.
(c) The utilization of funds without regard to the existing laws
governing the obligation and expenditure of Government funds as
authorized by section 411(d) of the Act shall be limited as far as
practicable and shall in any event be confined to instances in which
such utilization (1) is deemed to further the more economical,
efficient, or expeditious carrying out of functions under the Act, or
(2) is deemed to obviate or mitigate hardship occurring with respect to
personnel administering functions under the Act in connection with the
administration of these functions or with respect to the families of
personnel by reason of the duties of the respective heads of families
under the Act, or (3) is for the purpose of settling any claim arising
outside the United States for money damages against the United States
for injury or loss of property or personal injury or death caused by the
negligent or wrongful act or omission of any employee of the Government
administering functions under the Act while acting within the scope of
his office or employment, under circumstances where the United States,
if a private person, would be liable to the claimant in accordance with
the law of the place where the act or omission occurred.
Sec. 110. Reservation of functions to the President. There are
hereby excluded from the functions delegated by the foregoing provisions
of this order:
(1) The functions conferred upon the President by the Act with
respect to the appointment of officers required to be appointed by and
with the advice and consent of the Senate.
(2) The functions conferred upon the President with respect to
findings, determinations, certifications, agreements, directives, or
transfers of funds, as the case may be, by sections 104(b), 105 (except
so much of those functions conferred by the third sentence of section
105(b)(4) as relates to services), 131(a) (proviso), 141, 404, 411(c),
451(a), 501, 521, 522(b), 523(d), and 552 of the Act, and by sections
103(b), 104, 203, and 301 of the Mutual Defense Assistance Control Act
of 1951.
(3) The functions conferred upon the President by sections 101,
107(a)(2), 413(c), 413(d), 502(c), 503(a), 503(b), 523(c), 525, 533,
534(a), and 545(d) of the Act, by the first sentence of section 144 of
the Act, and by the second sentence of section 416 of the Act, and,
subject to Part II of this order, the functions so conferred by section
523(b) of the Act.
(4) So much of the functions conferred upon the President by section
403 of the Act as consists of determining any provision of law to be
disregarded to achieve the purposes of that section.
(5) The functions conferred upon the President by sections 101(d)(2),
107 (second sentence), 110, and 111 of the Mutual Security and Related
Agencies Appropriation Act, 1961 (74 Stat. 778; 779).
Sec. 201. Functions of Chiefs of United States Diplomatic Missions.
The several Chiefs of the United States Diplomatic Missions in foreign
countries, as the representatives of the President and acting on his
behalf, shall have and exercise, to the extent permitted by law and in
accordance with such instructions as the President may from time to time
promulgate, affirmative responsibility for the coordination and
supervision over the carrying out by agencies of their functions in the
respective countries.
Sec. 301. Continuation of Department of State arrangements. There
shall continue to be in the Department of State, subject to the
direction and control of the Secretary of State, the following:
(1) The International Cooperation Administration (including the
offices transferred to the Department by the provisions of section
102(a) of Executive Order No. 10610 of May 9, 1955) as an agency in the
Department of State.
(2) All now-existing functions which (i) immediately prior to the
effective date of Executive Order No. 10610 of May 9, 1955, were
conferred by law upon the Foreign Operations Administration or the
Director of the Foreign Operations Administration, or on agencies or
officials of the Foreign Operations Administration, and (ii) were by
that order transferred to the Secretary of State or the Department of
State.
(3) The Office of Small Business provided for in section 504(b) of
the Act and the functions vested in it by law, which functions shall
remain therewith.
Sec. 302. Personnel. (a) The performance of the functions conferred
upon the President by section 527(c) of the Act (and by this order
delegated to the Secretary of State) shall be governed by the following:
(1) The authority which the Secretary of State is authorized to
exercise with respect to personnel appointed, employed, or assigned to
perform functions under the Act shall include (i) the authority
available to the Secretary under the Foreign Service Act of 1946
(including section 571 of that Act) relating to Foreign Service Reserve
officers, Foreign Service Staff officers and employees, and alien clerks
and employees, (ii) the authority available to the Secretary under any
other provision of law pertaining specifically, or generally applicable,
to Foreign Service Reserve officers, Foreign Service Staff officers and
employees, and alien clerks and employees, (iii) the authority available
to the Secretary under sections 1021 through 1071 of the Foreign Service
Act of 1946, (iv) with respect to personnel appointed or assigned
pursuant to the provisions of section 527(c)(2) of the Act, the
authority of the Board of Foreign Service provided for by the Foreign
Service Act of 1946; and (v) the authority to prescribe or issue (in
pursuance of the Foreign Service Act of 1946, the Mutual Security Act of
1954, or other applicable law) and such regulations, orders, and
instructions, not inconsistent with law, as may be incidental to or
necessary for or desirable in connection with the carrying out of the
provisions of section 527(c) of the Act or the provisions of this order.
(2) The prohibitions and requirements contained in sections 1001
through 1005 and section 1011 of the Foreign Service Act of 1946 shall
be applicable to all personnel appointed or assigned under the
provisions of that act as authorized herein.
(3) Persons appointed, employed, or assigned after May 19, 1959,
under section 527(c) of the Act for the purpose of performing functions
under the Act outside the United States shall not, unless otherwise
agreed by the agency in which such benefits may be exercised, be
entitled to the benefits provided by section 528 of the Foreign Service
Act of 1946 in cases in which their service under the appointment,
employment, or assignment exceeds thirty months.
(b) In carrying out the provisions of section 527(c)(1) of the Act,
the Secretary of State may authorize any agency to perform any functions
specified therein to the extent that they relate to other functions
under the Act administered by such agency.
Sec. 303. Definitions. As used in this order, the word "function"
or "functions" embraces duties, powers, responsibilities, authority, and
discretion; and the word "agency" or "agencies" embraces any
department, agency, board, instrumentality, commission, or establishment
of the United States Government, and any corporation partly or wholly
owned by it.
Sec. 304. References to acts and orders. (a) Except in respect of
any reference which has been or may be revoked, superseded, or otherwise
made inapplicable, and except as may for any other reason be
inappropriate:
(1) References in any Part of this order or in any other Executive
order to the Mutual Security Act of 1954 or to this order or to any
provision of either thereof, and references in this order to the Act or
to any other act or to any provision of either thereof, shall be deemed
to include references thereto, respectively, as amended from time to
time.
(2) References in any prior Executive order not superseded under
section 305(a) of this order to any provisions of any Executive order so
superseded (including the reference in section 3(c) of Executive Order
No. 10560 of September 9, 1954 (19 F.R. 5927), as affected by the
provisions of section 302(b) of Executive Order No. 10575 of November 6,
1954, to Part II of the latter order) shall hereafter be deemed to be
references to the corresponding provisions, if any, of this order.
(b) Any reference in this order to provisions of any appropriation
act shall be deemed to include a reference to any hereafter-enacted
provisions of law which are the same or substantially the same as such
appropriation act provisions.
Sec. 305. Superseded orders. (a) The following-described orders,
and parts of order, are hereby superseded:
(1) Executive Order No. 10575 of November 6, 1954 (19 F.R. 7249).
(2) Executive Order No. 10610 of May 9, 1955 (20 F.R. 3179).
(3) Executive Order No. 10625 of August 2, 1955 (20 F.R. 5571).
(4) Executive Order No. 10663 of March 24, 1956 (21 F.R. 1845).
(5) Executive Order No. 10742 of November 29, 1957 (22 F.R. 9689).
(6) Sections 1 and 2 of Executive Order No. 10822 of May 20, 1959 (24
F.R. 4159).
(b) The foregoing provisions of this section shall not derogate from
the provisions of section 301 of this order.
Sec. 306. Saving provisions. Except to the extent that they may
inconsistent with this order, all determinations, authorizations,
regulations, rulings, certificates, orders, directives, contracts,
agreements, and other actions made, issued, or entered into with respect
to any function affected by this order and not revoked, superseded, or
otherwise made inapplicable before the date of this order, shall
continue in full force and effect until amended, modified, or terminated
by appropriate authority.
THE WHITE HOUSE,
November 8, 1960.
DWIGHT D. EISENHOWER
/6/ 37 U.S.C.A. 235 and 301(d).
/7/ 22 U.S.C.A. 1750 et seq.
/8/ 3 U.S.C.A. 301.
Executive Order No. 10892, 25 F.R. 10731, November 10, 1960
By virtue of the authority vested in me by sections 204 and 501(d) of
the Career Compensation Act of 1949, as amended (37 U.S.C. 235, 301(d)),
/6/ and as President of the United States and Commander in Chief of the
armed forces of the United States, it is ordered as follows:
Section 1. Section 6 of Executive Order No. 10152 of August 17,
1950, is amended to read as follows:
"Sec. 6. Members who, pursuant to competent orders, are attached to
a submarine which is in an active status, including a submarine under
construction from the time builders' trials commence, shall be entitled
to receive incentive pay for the performance of submarine duty. The
term 'builders' trials' shall be construed to mean trials conducted
underway or in free route. A member who, pursuant to competent orders,
performs duty as an operator or crew member of an operational,
self-propelled submersible, including undersea exploration and research
vehicles, shall likewise be entitled to receive incentive pay for the
performance of submarine duty.
In the case of nuclear-powered submarines this entitlement shall include
periods of training and rehabilitation after assignment thereto as
determined by the Secretary of the Navy."
Sec. 2. This order shall become effective as of July 12, 1960.
THE WHITE HOUSE,
November 8, 1960.
DWIGHT D. EISENHOWER
/6/ 37 U.S.C.A. 235 and 301(d).
Executive Order No. 10891, 25 F.R. 10525, November 3, 1960,
CONTROVERSY BETWEEN CERTAIN CARRIERS
By virtue of the authority vested in me by Title I of the General
Government Matters Appropriation Act, 1961 (74 Stat. 473, 475), and as
President of the United States, it is ordered as follows:
Section 1. There is hereby established a Presidential commission to
consider a controversy between, and involving certain proposals of, the
carriers represented by the Eastern, Western, and Southeastern Carriers'
Conference Committees and certain of their employees represented by the
Brotherhood of Locomotive Engineers, the Brotherhood of Locomotive
Firemen and Enginemen, the Order of Railway Conductors and Brakemen, the
Brotherhood of Railroad Trainmen, and the Switchmen's Union of North
America. The commission shall consist of fifteen members from among
persons nominated by the carriers, five members from among persons
nominated by the employees, and the chairman of the commission and four
other members without nominations.
Sec. 2. The commission is authorized and directed to investigate and
to inquire into the issues raised by the proposals of the parties
involved in the above-mentioned controversy with the objective of making
a report to the President, including its findings and recommendations
with respect to the controversy, and assisting in achieving an amicable
settlement and agreement with respect to issues in dispute between the
parties. In connection with its inquiry, the commission is authorized
to hold such public hearings and to hear such witnesses as it may deem
appropriate. It shall provide a full and fair hearing to the said
parties and shall otherwise endeavor to conform its proceedings and
activities to the understanding upon the basis of which the controversy
is submitted to the commission by the parties thereto.
Sec. 3. All executive departments and agencies of the Federal
Government are authorized and directed to cooperate with the commission
in its work and to furnish the commission with such information and
assistance, not inconsistent with law, as it may require in the
performance of its duties.
Sec. 4. The controversy referred to in sections 1 and 2 of this
order is hereby found to constitute an emergency affecting the national
interest within the meaning of the provisions appearing under the
heading "Emergency Fund for the President-- National Defense" in Title I
of the General Government Matters Appropriation Act, 1961 (Public Law
86-642), approved July 12, 1960. During the fiscal year 1961 the
expenditures of the commission may be paid out of an allotment made by
the President from the appropriation made under the aforesaid heading
"Emergency Fund for the President-- National Defense"; and during the
fiscal year 1962, to the extent permitted by law, such expenditures may
be similarly paid from any corresponding or like appropriation made
available for the fiscal year 1962. Such payments may be made without
regard to the provisions of (a) section 3681 of the Revised Statutes (31
U.S.C. 672), and (b) section 9 of the act of March 4, 1909, 35 Stat.
1027 (31 U.S.C. 673), and (c) such other provisions of law as the
President may hereafter specify. The members of the commission shall
receive such expense allowances as the President shall hereafter fix.
The chairman of the commission and those other members of the commission
who are designated by the President under section 1 hereof without
nominations shall receive such compensation as the President shall
hereafter specify.
Sec. 5. The commission shall endeavor to make a final written report
of its findings and recommendations not later than December 1, 1961.
The commission shall cease to exist thirty days after the rendition of
its final report to the President.
Sec. 6. The provisions of this order shall become effective on
January 1, 1961, except that on any earlier date or dates (a)
nominations may be presented to the President under the provisions of
section 1 of this order, (b) persons may be designated as members of the
commission under the provisions of section 1 hereof, such designations
to become effective on January 1, 1961, and (c) funds may be allotted
under the provisions of section 4 hereof, such funds to become available
for expenditure on January 1, 1961.
THE WHITE HOUSE,
November 1, 1960.
DWIGHT D. EISENHOWER
Executive Order No. 10890, 25 F.R. 10331, October 28, 1960,
DEPARTMENT OF THE INTERIOR
By virtue of the authority vested in me by section 23 of the act of
March 3, 1891 (26 Stat. 1103; 16 U.S.C. 471), /3/ the act of June 4,
1897 (30 Stat. 34, 36; 16 U.S.C. 473), /4/ and section 32(c) of Title
III of the Bankhead-Jones Farm Tenant Act, approved July 22, 1937 (50
Stat. 526; 7 U.S.C. 1011(c)), /5/ and as President of the United
States, and upon the recommendation of the Secretary of Agriculture, it
is ordered as follows:
1. The exterior boundaries of the Dixie National Forest in the State
of Utah are hereby extended to include the following-described lands:
T. 33 S., R. 2 W., secs. 17 to 20, inclusive; secs. 29 to 32,
inclusive.
T. 34 S., R. 2 W., secs. 5 and 6; sec. 7, N 1/2; sec. 8, N 1/2.
T. 33 S., R. 3 W., sec. 13; secs. 23 to 26, inclusive; secs. 35,
and 36.
T. 34 S., R. 3 W., secs. 1 and 2; sec. 11, N 1/2; sec. 12, N 1/2;
containing 13,386 acres, more or less.
2. Subject to valid existing rights, all lands owned by the United
States within the above-described area are hereby reserved as parts of
the Dixie National Forest; and all lands within such area that may
hereafter be acquired by the United States for national-forest purposes
shall upon acquisition of title thereto be reserved as parts of that
forest.
3. Subject to valid existing rights, the following-described lands
acquired by or transferred to the Secretary of Agriculture for use,
administration, and disposition in accordance with the provisions of
Title III of the Bankhead-Jones Farm Tenant Act, together with the title
and use records, water or water rights, improvements, appurtenances, and
structures on such lands, are hereby transferred from the Department of
Agriculture to the Department of the Interior for use, administration,
or exchange under the applicable provisions of the Taylor Grazing Act
(48 Stat. 1269; 43 U.S.C. 315 et seq.), as amended, or for use or
administration under the general land-management authority of the
Secretary of the Interior as the Secretary shall determine, including
the authority to grant licenses and easements upon such terms as he may
deem reasonable: Provided, that twenty-five per cent of the net
revenues received by the Secretary of the Interior from grazing and
other uses of the transferred lands shall continue to be paid to the
counties in which such lands are located for the purposes specified in
section 33 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1012) in lieu
of payments therefrom to the State or counties at the rates specified in
section 10 of the Taylor Grazing Act (43 U.S.C. 315i) or in any other
act under which the transferred lands are used and administered under
this order:
T. 33 S., R. 2 W., sec. 2, E1/2SE1/4; sec. 7, SE1/4NE1/4, E1/2SE1/4;
sec. 8, S1/2NW1/4, W1/2SW1/4; sec. 11, SE1/4SE1/4; sec. 12,
NE1/4NW1/4, S1/2NW1/4; sec. 14, NE1/4NE1/4; sec. 21, NW1/4NW1/4,
S1/2NW1/4, S1/2SW1/4, S1/2SE1/4; sec. 23, E1/2SW1/4, W1/2SE1/4; sec.
17, E1/2SW1/4; sec. 28, E1/2, also beginning at the NW corner of the
NE1/2NW1/4, thence south 160 rods, thence east 12 rods, thence north 160
rods, thence west 12 rods to point of beginning, W1/2NW1/4, W1/2SW1/4;
sec. 33, N1/2, SW1/4SW1/4, NE1/4SE1/4, S1/2SE1/4; sec. 34, W1/2E1/2,
NW1/4, N1/2SW1/4, SW1/4SW1/4, SE1/4SE1/4.
T. 34 S., R. 2 W., sec. 2, Lots 1 and 2, SE1/4SE1/4; sec. 3, Lots 1
and 2, S1/2S1/2; sec. 7, E1/2SE1/4; sec. 8, N1/2S1/2, SW1/4SW1/4,
S1/2SE1/4; sec. 10, S1/2S1/2; sec. 11, SW1/4; sec. 14, NW1/4,
NW1/4SW1/4; sec. 15, N1/2NE1/4, SE1/4NE1/4, E1/2NW1/4, E1/2SW1/4,
N1/2SW1/4SW1/4, N1/2SE1/4, SW1/4SE1/4; sec. 16, S1/2; sec. 17, NE1/4,
SW1/4NW1/4, W1/2SW1/4, SE1/4SW1/4; sec. 18, SE1/4; sec. 19, Lots 3 and
4, NE1/4, E1/2SW1/4, SE1/4; sec. 20, SE1/4; sec. 21, NE1/4NE1/4,
S1/2NE1/4, NW1/4, SW1/4, E1/2SE1/4; sec. 22, NW1/4NE1/4, also beginning
at the NW corner of the SW1/4NE1/4, of sec. 22, thence south 36 rods,
thence east 80 rods, thence north 36 rods, thence west 80 rods to the
place of beginning; also beginning at the NE corner SE1/4NE1/4 sec. 22,
thence west 67 rods, thence south 18 rods, thence east 67 rods, thence
north 18 rods to the place of beginning; W1/2NW1/4, also beginning at
the SE corner of the NW1/4SE1/4 sec. 22, thence north 54 rods, thence
west 36 rods, thence south 13 rods, thence west 18 rods, thence south 18
rods, thence west 26 rods, thence south 23 rods, thence east 80 rods to
the place of beginning; sec. 27, NE1/4NW1/4, SE1/4SE1/4; sec. 28,
NE1/4, NW1/4NW1/4, S1/2NW1/4, E1/2SW1/4, SE1/4; sec. 29, E1/2,
E1/2NW1/4, also beginning at the NE corner of the NW1/4NW1/4, thence
78.5 rods west, thence 160 rods south, thence 78.5 rods east, thence 160
rods north to the point of beginning; SW1/4; sec. 30, Lots 1 to 4
inclusive, also beginning at the NW corner of the NE1/4NE1/4 sec. 30,
thence south 160 rods, thence east 78.5 rods, thence north 160 rods,
thence west 78.5 rods to the point of beginning; W1/2NE1/4, E1/2NW1/4,
E1/2SW1/4, SE1/4; sec. 31; sec. 32; sec. 33, N1/2NE1/4, NE1/4NW1/4,
NW1/4SW1/4.
T. 35 S., R. 2 W., sec. 4, SW1/4; sec. 5, Lots 1 and 2, S1/2NE1/4,
S1/2;
sec. 7, E1/2; sec. 8, E1/2, SW1/4.
T. 34 S., R. 3 W., sec. 14, E1/2SW1/4, W1/2SE1/4; sec. 23, NE1/4,
E1/2NW1/4, NE1/4SW1/4, N1/2SE1/4, SW1/4SE1/4; sec. 24, W1/2NW1/4, s1/2;
sec. 25; sec. 26, W1/2SW1/4, SE1/4SW1/4, SW1/4SE1/4; sec. 36, E1/2.
T. 35 S., R. 3 W., sec. 1, S1/2NW1/4, N1/2SW1/4; sec. 2, W1/2SW1/4;
sec. 13, W1/2SE1/4; sec. 20, SW1/4NE1/4, NE1/4NW1/4, NE1/4SW1/4, SE1/4;
sec. 29, N1/2; sec. 32; sec. 33, SW1/4SW1/4.
T. 36 S., R. 3 W., sec. 5, lots 1 and 2; containing 14,825 acres
more or less.
THE WHITE HOUSE,
October 27, 1960.
DWIGHT D. EISENHOWER
/3/ 16 U.S.C.A. 471.
/4/ 16 U.S.C.A. 473.
/5/ 7 U.S.C.A. 1011(c).
Executive Order No. 10889, 25 F.R. 9633, October 7, 1960
By virtue of the authority vested in me by section 301 of title 3 of
the United States Code, /2/ and as President of the United States, it is
ordered as follows:
Section 1. Executive Order No. 10530 of May 10, 1954, entitled
"Providing for the Performance of Certain Functions Vested in or Subject
to the Approval of the President", as amended, is hereby further amended
by adding at the end of section 1 thereof new paragraphs (p), (q), and
(r), reading as follows:
"(p) The authority vested in the President by section 45(a) of the
Alaska Omnibus Act, approved June 25, 1959 (73 Stat. 152), (1) to
determine that any function performed by the Federal Government in
Alaska has been terminated or curtailed by the Federal Government and
that performance of such function or substantially the same function has
been or will be assumed by the State of Alaska, and (2) until July 1,
1964, in his discretion, to transfer and convey to the State of Alaska,
without reimbursement, any property or interest in property, real or
personal, situated in Alaska and as otherwise described in section
45(a): Provided, that the provisions of this paragraph shall not be
construed to affect the authority delegated to the Secretary of the
Interior by Executive Order No. 10857 of December 29, 1959, with respect
to the transfer and conveyance of property described in section 2 of
that order.
"(q) The authority vested in the President by section 5(e) of the act
of March 18, 1959, providing for the admission of the State of Hawaii
into the Union, 73 Stat. 6, (1) to receive the reports required by the
provisions of that section, and (2) to determine that certain land or
property is no longer needed by the United States.
"(r) The authority vested in the President by section 40 of the
Hawaii Omnibus Act, approved July 12, 1960 (74 Stat. 422), to prescribe
procedures to assure that reports submitted pursuant to section 5(e) of
the act of March 18, 1959, 73 Stat. 6, shall be prepared in accordance
with uniform policies and coordinated within the executive branch of the
Government: Provided, that such procedures shall be published in the
FEDERAL REGISTER."
Sec. 2. Without prejudice to any action heretofore taken pursuant
thereto, the following-described letters of the President, which
authorized certain officers to exercise, to the extent therein
described, the authority conferred upon the President by section 45(a)
of the Alaska Omnibus Act (73 Stat. 152) are hereby superseded: (1) two
letters to the Secretary of the Interior dated February 19, 1960, and
June 1, 1960, respectively, (2) letter to the Administrator, General
Services Administration, dated March 23, 1960, and (3) letter to the
Attorney General dated March 23, 1960.
THE WHITE HOUSE,
October 5, 1960.
DWIGHT D. EISENHOWER
/2/ 3 U.S.C.A. 301.
Executive Order No. 10888, 25 F.R. 9361, September 30, 1960, N.Y.
HARBOR CARRIERS' CONFERENCE COMM.
WHEREAS a dispute exists between certain carriers represented by the
New York Harbor Carriers' Conference Committee, designated in List A
attached hereto and hereby made a part hereof, and certain of their
employees represented by labor organizations, members of the Railroad
Marine Harbor Council, AFL-CIO, designated in List B attached hereto and
hereby made a part hereof; and
WHEREAS this dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS this dispute, in the judgment of the National Mediation
Board, threatens substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /1/ I hereby
create a board of three members, to be appointed by me, to investigate
this dispute. No member of the board shall be pecuniarily or otherwise
interested in any organization of railroad employees or any carrier.
The board shall report its findings to the President with respect to
the dispute within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by carriers
represented by the New York Harbor Carriers' Conference Committee, or by
their employees, in the conditions out of which the dispute arose.
Baltimore & Ohio Railroad
Brooklyn Eastern District Terminal
Bush Terminal Railroad
Central Railroad Company of New Jersey
Delaware, Lackawanna & Western Railroad
Erie Railroad
Lehigh Valley Railroad
New York Central Railroad
New York, New Haven & Hartford Railroad
Pennsylvania Railroad
Reading Company
International Organization Masters, Mates & Pilots
United Association Local No. 1
United Association Local No. 3
Associated Maritime Workers Local No. 3
Marine Engineers Beneficial Association Local No. 33
THE WHITE HOUSE,
September 28, 1960
DWIGHT D. EISENHOWER
/1/ 45 U.S.C.A 160.
Executive Order No. 10887, 25 F.R. 9195, September 27, 1960
By virtue of the authority vested in me by the act of September 2,
1958, 72 Stat. 1703, as amended, hereinafter called the act, and by the
Public Buildings Act of 1959 (73 Stat. 479), and as President of the
United States, it is ordered as follows:
Section 1. The Department of Commerce is hereby designated as the
department to perform all functions provided for in the act except those
functions which the act either authorizes other agencies to perform or
vests, in terms, in the President.
Sec. 2. Other interested departments and agencies of the Federal
Government, including the Department of State and the National Science
Foundation, are requested to cooperate as provided by section 4 of the
act with the Department of Commerce in carrying out the provisions of
the act.
Sec. 3. Any building constructed pursuant to the act shall become
and shall be a "public building" under the Public Buildings Act of 1959
upon the close of the Exposition referred to in the act.
Sec. 4. This order supersedes the letter of the President to the
Secretary of Commerce dated November 13, 1958 (23 F.R. 9169), but shall
not affect Proclamation No. 3302 of July 10, 1959, entitled "World
Science-Pan Pacific Exposition (Century 21 Exposition)."
THE WHITE HOUSE,
September 23, 1960.
DWIGHT D. EISENHOWER
Executive Order No. 10886, 25 F.R. 8633, September 8, 1960, OFFICERS
SERVING IN THE NAVY
By virtue of the authority vested in me by section 5234 of title 10
of the United States Code, /6/ it is ordered as follows:
The provisions of section 5231(b) of title 10 of the United States
Code which relate to the number of officers serving in the grades of
admiral and vice admiral are hereby suspended until June 30 of the
fiscal year following that in which the national emergency proclaimed by
Proclamation No. 2914 of December 16, 1950, shall end.
THE WHITE HOUSE,
September 6, 1960.
DWIGHT D. EISENHOWER
/6/ 10 U.S.C.A. 5234.
Executive Order No. 10885, 25 F.R. 8471, September 2, 1960
By virtue of the authority vested in me by section 7305(l) of title
10 of the United States Code, /4/ it is hereby ordered as follows:
1. Vessels of the Navy stricken from the Naval Vessel Register
pursuant to section 7304 of title 10 of the United States Code, /5/ and
not subject to disposition under other law, may be sold at public sale
to the highest acceptable bidder, pursuant to section 7305 of title 10
of the United States Code, regardless of their appraised value, after
being advertised for sale for a period of not less than thirty days.
Each bid shall be accompanied by a cash deposit (including cashier's
check or certified check) in an amount not less than 10 percent of the
bid or by a deposit bond, in such amount, executed by two or more
acceptable sureties or by a surety appearing on the United States
Treasury Department list of acceptable sureties. No other bond shall be
required.
2. This order supersedes Executive Order No. 10743 of December 10,
1957, entitled "Sale of Vessels of the Navy."
THE WHITE HOUSE,
August 31, 1960.
DWIGHT D. EISENHOWER
/4/ 10 U.S.C.A. 7305(l)
/5/ 10 U.S.C.A. 7304.
Executive Order No. 10884, 25 F.R. 8019, August 19, 1960
By virtue of the authority vested in me by section 301 of title 3 of
the United States Code, /3/ and as President of the United States, it is
ordered that Executive Order No. 10560 of September 9, 1954, as amended,
providing for the administration of the Agricultural Trade Development
and Assistance Act of 1954, as amended, be, and it is hereby, further
amended by deleting therefrom sections 1 and 5 and by inserting in lieu
thereof the following sections 1 and 5, respectively:
"Section 1. Department of Agriculture. (a) Except as otherwise
provided in this order, the functions conferred upon the President by
Titles I and IV of the Agricultural Trade Development and Assistance Act
of 1954, as amended, are hereby delegated to the Secretary of
Agriculture.
"(b) The administration on behalf of the United States of the credit
provisions of agreements entered into pursuant to Title IV of the Act
(including the receiving of payments under agreements) shall be
performed by such Federal agency or agencies as shall hereafter be
designated therefor by the President.
"Sec. 5. Reservation of functions to the President. There are
hereby reserved to the President the functions conferred upon him by
section 108 of the Act (including that section as affected by section
406 of the Act), with respect to making reports to the Congress."
THE WHITE HOUSE,
August 17, 1960.
DWIGHT D. EISENHOWER
/2/ 7 U.S.C.A. 1691 note.
/3/ 3 U.S.C.A. 301.
Executive Order No. 10883, 25 F.R. 7710, August 13, 1960
By virtue of the authority vested in me as President of the United
States, it is ordered as follows:
1. The Air Coordinating Committee is hereby terminated.
2. Executive Order No. 10655 of January 28, 1956, relating to the
Air Coordinating Committee, and Executive Order No. 10796 of December
24, 1958, amending that order, /1/ are hereby revoked.
3. The Administrator of the Federal Aviation Agency shall make such
provisions as may be necessary for winding up any outstanding affairs of
the Air Coordinating Committee, and such provisions may be made at any
time after the date of this order.
4. Except as provided in paragraph 3, this order shall become
effective on the sixtieth day following the date thereof.
THE WHITE HOUSE,
August 11, 1960.
DWIGHT D. EISENHOWER
/1/ 49 U.S.C.A. 1151 note.
Executive Order No. 10882, 25 F.R. 6869, July 20, 1960, AMENDMENT OF
EXECUTIVE ORDER NO. 10289
By virtue of the authority vested in me by section 301 of title 3 of
the United States Code, /3/ and as President of the United States, it is
ordered that Executive Order No. 10289 of September 17, 1951, headed
"Providing for the Performance of Certain Functions of the President by
the Secretary of the Treasury" (3 CFR, ch. II), as amended by Executive
Order No. 10583 of December 18, 1954 (3 CFR, Cho. II), /4/ be, and it is
hereby, further amended by amending the first proviso of subparagraph
(f) of paragraph 1 thereof, and by deleting the second proviso of that
subparagraph, so that the said subparagraph (f), in its entirety, will
hereafter read as follows:
"(f) The authority vested in the President by section 4228 of the
Revised Statutes, as amended (46 U.S.C. 141), (1) to declare that-- upon
satisfactory proof being given by the government of any foreign nation
that no discriminating duties of tonnage or imposts are imposed or
levied in the ports of such nation upon vessels wholly belonging to
citizens of the United States, or upon the produce, manufactures, or
merchandise imported in the same from the United States or from any
foreign country-- the foreign discriminating duties of tonnage and
impost within the United States are suspended and discontinued, so far
as respects the vessels of such foreign nation, and the produce,
manufactures, or merchandise imported into the United States from such
foreign nation, or from any other foreign country, and (2) to suspend in
part the operation of section 4219 of the Revised Statutes, as amended
(46 U.S.C. 121), and section IV, J, subsection 1 of the act of October
3, 1913, c. 16, 38 Stat. 195, as amended (46 U.S.C. 146), so that
foreign vessels from a country imposing partial discriminating tonnage
duties upon American vessels, or partial discriminating import duties
upon American merchandise, may enjoy in our ports the identical
privileges which the same class of American vessels and merchandise may
enjoy in such country: Provided, that prior to the issuance of an order
of the Secretary of the Treasury suspending and discontinuing (wholly or
in part) discriminating tonnage duties, imposts, and import duties
within the United States, the Department of State shall obtain and
furnish to the Secretary of the Treasury the proof required by the said
section 4228, as amended, as the basis for that order."
THE WHITE HOUSE,
July 18, 1960.
DWIGHT D. EISENHOWER
/3/ 3 U.S.C.A. 301.
/4/ 3 U.S.C.A. 301 note.
Executive Order No. 10881, 25 F.R. 6414, July 8, 1960
By virtue of the authority vested in me by section 111 of title 38 of
the United States Code, as amended by Public Law 86-590, approved July
5, 1960, /1/ section 2 of Executive Order No. 10810 of April 22, 1959,
entitled "Regulations Governing the Allowance of Travel Expenses of
Claimants and Beneficiaries of the Veterans' Administration and their
Attendants" /2/ is hereby amended to read as follows:
"Sec. 2. The Administrator of Veterans' Affairs may authorize in
lieu of actual necessary expenses of travel, including lodging and
subsistence, payment of an allowance of not more than five cents a mile
to any claimant or beneficiary of the Veterans' Administration traveling
under prior authorization to or from a Veterans' Administration
facility, or other place, in connection with vocational rehabilitation
or counseling, or for the purpose of examination, treatment, or care.
In addition to such mileage allowance, the Administrator may allow
reimbursement for the actual cost of ferry fares, and bridge, road, and
tunnel tolls. In his discretion, the Administrator may authorize such
payment and such reimbursement to the person who or the organization
which has actually paid the expenses of such travel, including lodging
and subsistence. The payment of mileage allowances and reimbursement
for ferry fares, and bridge, road, and tunnel tolls in connection with
vocational rehabilitation or counseling, or upon termination of
examination, treatment, or care may be made prior to completion of such
travel."
THE WHITE HOUSE,
July 6, 1960.
DWIGHT D. EISENHOWER
/1/ 38 U.S.C.A. 111.
/2/ 1959 U.S.Code Cong.& Admin.News p. 1048.
Executive Order No. 10880, 25 F.R. 5131, June 9, 1960, CAREER
APPOINTMENTS
By virtue of the authority vested in me by section 2 of the Civil
Service Act (22 Stat. 403) and section 1753 of the Revised Statutes of
the United States (5 U.S.C. 631), /1/ and as President of the United
States, it is hereby ordered as follows:
Section 1. (a) Except as provided by subsection (b) of this section
and by section 4 hereof, any employee of the United States Government or
of the District of Columbia Government who on the date of this order is
serving in a position in the competitive service under an indefinite
appointment or a temporary appointment without a definite time
limitation may have his appointment converted to a career or
career-conditional appointment: Provided, that such employee--
(i) shall have completed two years of continuous service immediately
preceding the date of this order in a competitive position or positions;
(ii) shall be recommended for the benefits of this order by his
agency within one year after the date of this order;
(iii) shall have completed, prior to the date of recommendation by
his agency, a total of continuous or intermittent satisfactory service
aggregating not less than three years in a competitive position or
positions;
(iv) during the period beginning January 23, 1955, and ending on the
date of this order, shall have passed a qualifying examination for a
position in the competitive service in which he served during such
period, or shall meet such non-competitive examination standards as the
Civil Service Commission shall prescribe with respect to the position
held at the time of the agency recommendation for conversion of his
appointment; and
(v) shall meet the requirements prescribed by the Civil Service
Commission under section 5 of this order.
(b) The requirements of paragraphs (i) and (iii) of subsection (a) of
this section shall not apply to substitute employees of the Postal Field
Service. In lieu of such requirements, any such employee, during each
year of the three-year period ending on the date that conversion of his
appointment is recommended, shall have been paid for at least 700 hours
of satisfactory work in a competitive position or positions for which
the salary is fixed by the Postal Field Service Compensation Act of
1955, as amended (39 U.S.C. 951-1038). /2/ The conversion of the
appointment of a substitute employee shall be effected only as career
substitute vacancies are available, under applicable law, in the Postal
Field Service.
Sec. 2. For the purposes of section 1 hereof, (a) "status-quo"
employees shall be considered as serving under indefinite appointments,
and (b) "service" shall include military service if the employee shall
have left a competitive position to enter the armed forces of the United
States and shall have been re-employed in a competitive position within
120 days after discharge under honorable conditions.
Sec. 3. Any person who left a competitive position to enter the
armed forces of the United States who would meet the requirements of
section 1 except for absence in the armed forces on the date of this
order and who is re-employed by an agency in a competitive position
within 120 days after discharge from the armed forces under honorable
conditions may have his appointment converted if he is recommended by
such agency within ninety days after his re-employment and qualifies in
such examination as the Civil Service Commission may prescribe.
Sec. 4. This order shall not apply to postmasters or rural carriers,
or to employees serving under overseas limited appointments of
indefinite or fixed duration.
Sec. 5. The Civil Service Commission may prescribe such regulations
as may be necessary for carrying out the provisions of this order.
THE WHITE HOUSE,
June 7, 1960.
DWIGHT D. EISENHOWER
/1/ 5 U.S.C.A. 631
/2/ 39 U.S.C.A. 951 et seq.
Executive Order No. 10879, 25 F.R. 4893, June 3, 1960, WHITE HOUSE
SERVICE CERTIFICATE
By virtue of the authority vested in me as President of the United
States, and as Commander in Chief of the armed forces of the United
States, it is ordered as follows:
1. There is hereby established a White House Service Certificate, to
be awarded in the name of the President of the United States, as public
evidence of deserved honor and distinction, to members of the Army,
Navy, Marine Corps, and Air Force, other than the Presidential Aides,
who have been detailed to duty in the White House for at least one year
subsequent to January 20, 1953.
2. The White House Service Certificate shall be of appropriate
design, approved by the Secretary of the Army, and shall be awarded by
the Secretary of the Army, the Secretary of the Navy, or the Secretary
of the Air Force, upon recommendation of the Presidential Military,
Naval, or Air Force Aide, as the case may be, to military personnel of
their respective services.
3. A White House Service Badge, the design of which accompanies and
is hereby made a part of this order, is hereby established and may be
issued to any member of the armed forces detailed to duty in the White
House, other than the Presidential Aides. The badge may be worn as a
part of the uniform of those individuals, during the period of their
detail to White House duty, under such regulations as the Secretaries of
the Army, Navy, and Air Force, with the approval of the Secretary of
Defense, may severally prescribe.
4. No more than one White House Service Certificate shall be awarded
to any person.
5. The service certificate established by this order may be granted
posthumously. (DRAWING OMITTED)
On a disk of white enamel the device in silver from the Presidential
seal without the encircling stars, the whole surrounded by 27 gold rays
radiating from center 2 1/4" in diameter overall.
THE WHITE HOUSE,
June 1, 1960.
DWIGHT D. EISENHOWER
Executive Order No. 10878, 25 F.R. 4575, May 25, 1960, CHICAGO, ROCK
ISLAND AND PACIFIC RAILROAD
WHEREAS a dispute exists between the Chicago, Rock Island and Pacific
Railroad Company and other carriers represented by the Western Carriers'
Conference Committee, designated in List A attached hereto and hereby
made a part hereof, and certain of their employees represented by the
Switchmen's Union of North America, AFL-CIO, a labor organization; and
WHEREAS this dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS this dispute, in the judgment of the National Mediation
Board, threatens substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /2/ I hereby
create a board of three members to be appointed by me, to investigate
this dispute. No member of the board shall be pecuniarily or otherwise
interested in any organization of railroad employees or any carrier.
The board shall report its findings to the President with respect to
the dispute within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the Chicago,
Rock Island and Pacific Railroad Company or any other carrier
represented by the Western Carriers' Conference Committee, or by their
employees, in the conditions out of which the dispute arose.
Chicago, Rock Island and Pacific Railroad Company
Davenport, Rock Island and North Western Railway Company
Denver and Rio Grande Western Railroad Company
Fort Worth and Denver Railway Company
Great Northern Railway Company
Kansas City Terminal Railway Company
Lake Superior Terminal and Transfer Railway
Los Angeles Junction Railway Company
Minneapolis & St. Louis Railway Company
The Railway Transfer Company of the City of Minneapolis
Northern Pacific Terminal Company of Oregon
The Saint Paul Union Depot Company
Sioux City Terminal Railway Company
Southern Pacific Company (Pacific Lines) (Excluding former El Paso &
Southwestern System) (Excluding Nogales, Arizona Yard.)
Southern Pacific Company (Pacific Lines) (Former El Paso &
Southwestern System.)
Southern Pacific Company (Pacific Lines) (Nogales, Arizona, Yard.)
Spokane International Railroad Company
Texas Pacific-Missouri Pacific Terminal Railroad of New Orleans
The Western Pacific Railroad
THE WHITE HOUSE,
May 23, 1960.
DWIGHT D. EISENHOWER
/2/ 45 U.S.C.A. 160.
Executive Order No. 10877, 25 F.R. 4531, May 24, 1960
WHEREAS, a dispute exists between the Pennsylvania Railroad Company,
a carrier, and certain of its employees represented by the Transport
Workers' Union of America, Railroad Division, AFL-CIO, and System
Federation No. 152, Railway Employes' Department, AFL-CIO, labor
organizations; and
WHEREAS this dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS this dispute, in the judgment of the National Mediation
Board, threatens substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /1/ I hereby
create a board of three members, to be appointed by me, to investigate
this dispute. No member of the board shall be pecuniarily or otherwise
interested in any organization of railroad employees or any carrier.
The board shall report its findings to the President with respect to
the dispute within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the
Pennsylvania Railroad Company, or by its employees, in the conditions
out of which the dispute arose.
THE WHITE HOUSE,
May 20, 1960.
DWIGHT D. EISENHOWER
/1/ 45 U.S.C.A. 160.
Executive Order No. 10876, 25 F.R. 3569, April 26, 1960
By virtue of the authority vested in me by sections 55(a) and 508 of
the Internal Revenue Code of 1939 (53 Stat. 29, 111, 54 Stat. 1008; 26
U.S.C. 55(a) and 508), /3/ and by section 6103(a) of the Internal
Revenue Code of 1954 (68A Stat. 753; 26 U.S.C. 6103(a)), /4/ it is
hereby ordered that the first paragraph of Executive Order No. 10855 of
November 27, 1959, entitled "Inspection of Income Tax Returns by the
Senate Committee on the Judiciary", be, and it is hereby, amended (1) by
deleting therefrom "1945 to 1958" and inserting in lieu thereof "1945 to
1959", and (2) by inserting therein "or Senate Resolution 238, 86th
Congress, agreed to February 8, 1960," immediately after "Senate
Resolution 57, 86th Congress, agreed to February 2, 1959,".
This order shall be effective upon its filing for publication in the
FEDERAL REGISTER.
THE WHITE HOUSE,
April 22, 1960.
DWIGHT D. EISENHOWER
/2/ 1959 U.S.Code Cong.& Adm.News p. 1129.
/3/ 26 U.S.C.A.(I.R.C.1939) 55(a) and 508.
/4/ 26 U.S.C.A.(I.R.C.1954) 6103(a).
Executive Order No. 10875, 25 F.R. 3567, April 26, 1960, AKRON &
BARBERTON RAILROAD
WHEREAS disputes exist between the Akron & Barberton Belt Railroad
and other carriers represented by the Eastern, Western, and Southeastern
Carriers' Conference Committees, designated in List A attached hereto
and made a part hereof, and certain of their employees represented by
eleven cooperating (non-operating) railway labor organizations,
designated in List B attached hereto and made a part hereof, on the
subject of improvements in vacation and holiday rules, and the carriers'
counter proposals; and
WHEREAS disputes exist between the Akron & Barberton Belt Railroad
and other carriers represented by the Eastern, Western, and Southeastern
Carriers' Conference Committees, designated in List C attached hereto
and made a part hereof, and certain of their employees represented by
eleven cooperating (non-operating) railway labor organizations,
designated in List D attached hereto and made a part hereof, on the
subject of improvements in health and welfare plan, group life
insurance, inclusion of cost-of-living adjustments in basic wage rates,
and a general wage rate increase of twenty-five cents per hour, and the
carriers' counter proposals; and
WHEREAS these disputes have not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS these disputes, in the judgment of the National Mediation
Board, threaten substantially to interrupt interstate commerce to a
degree such as to deprive the country of essential transportation
service:
NOW, THEREFORE, by virtue of the authority vested in me by section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /1/ I hereby
create a board of three members, to be appointed by me, to investigate
these disputes. No member of the board shall be pecuniarily or
otherwise interested in any organization of railroad employees or any
carrier.
The board shall report its findings to the President with respect to
the disputes within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the Akron &
Barberton Belt Railroad or any other carrier represented by the Eastern,
Western, and Southeastern Carriers' Conference Committees, or by their
employees, in the conditions out of which these disputes arose.
Akron & Barberton Belt Railroad
Akron, Canton & Youngstown Railroad
Ann Arbor Lake Michigan Car Ferries
Ann Arbor Railroad Co.
Baltimore & Ohio Railroad Co.
B&O Chicago Terminal
B&O R.R. Co. N.Y. Term. Region
B&O Warehouse (Cincinnati)
Blue Line Transfer
Camden Warehouses, Inc.
Curtis Bay Railroad
Dayton & Union Railroad
Locust Point Grain Elevators
Staten Island Rapid Transit
Strouds Creek & Muddlety Railroad
Terminal Storage Co., Washington
Bessemer & Lake Erie Railroad Co.
Boston & Maine Railroad Co.
Boston Terminal Co.
Brooklyn Eastern District Terminal
Buffalo Creek Railroad
Bush Terminal Co.
Canadian National Railways:
Canadian National Railway-- State of New York
Canadian National Railway-- Lines in New England
C.N.R. Elevator, Portland, Maine
Frt. Office & Facilities (Blk Work & Buffalo)
Champlain & St. Lawrence Railroad
St. Clair Tunnel Company
United States & Canada Railroad Co.
Canadian Pacific Railways in the U.S.
Central Railroad Co. of New Jersey
New York & Long Branch Railroad
Wharton & Northern Railroad
Central Vermont Railway
Chicago Union Station Co.
Cincinnati Union Terminal Co.
Dayton Union Railway Co.
Delaware & Hudson Railroad
Delaware, Lackawanna & Western R.R.
Detroit & Toledo Shore Line Railroad
Detroit Terminal Railroad Co.
Detroit, Toledo & Ironton Railroad
Erie Railroad Co.
Grand Trunk Western Railroad Co.
Hoboken Shore Railroad Co.
Indianapolis Union Railway Co.
Lake Terminal Railroad Co.
Lehigh & New England Railroad Co.
Lehigh Valley Railroad Co.
Long Island Railroad Co.
Maine Central Railroad Co.
Portland Terminal Co.
Monon Railroad
Monongahela Railway Co.
Montour Railroad
Newburgh & South Shore Railway Co.
New Jersey & New York Railroad
New York Central System:
N.Y. & Eastern Dist. (Excel. B&A Div.)
Boston & Albany Division
Grand Central Terminal
Buffalo Stock Yards
Melrose Central Building
NYC Grain Elevator, Weehawken, N.J.
Western District
Ohio Central Division
Northern District
Southern District
Peoria & Eastern
L. & J.B. & R.R.
Indiana Harbor Belt
Chicago River & Indiana Railroad
Chicago Junction Railway
Pittsburgh & Lake Erie Railroad
Lake Erie & Eastern Railroad
Cleveland Union Terminals
Troy Union Railroad
New York Connecting Railroad Co.
New York, Chicago & St. Louis R.R. Co.
Wheeling & Lake Erie
New York Dock Railway
New York, New Haven & Hartford R.R.
New York, Susquehanna & Western R.R. Co.
Pennsylvania Railroad Co.
Baltimore & Eastern Railway Co.
Pennsylvania-Reading Seashore Lines
Pittsburgh & West Virginia Railway
Pittsburgh, Chartiers & Youghiogheney
Railroad Perishable Inspection Agency
Reading Company
Philadelphia, Reading & Pottsville Telg. Co.
River Terminal Railway Co.
Toledo Terminal Railroad
Union Depot Co. (Columbus, Ohio)
Union Freight Railroad (Boston)
Union Railroad Co.
Washington Terminal Co.
Western Maryland Railway
Western Warehouse Co. (Maryland)
Youngstown & Northern Railroad Co.
Alton & Southern Railroad
Atchison, Topeka & Santa Fe Railway
Dining Car Department
Gulf, Colorado & Santa Fe
National Carloading
Newton, Kansas Laundry Workers
Panhandle & Santa Fe Railway
San Bernardino, Cal Laundry Workers
Tie & Timber Treating Plant, Somerville, Texas
Tie & Timber Treating Plant, Albuquerque, N.M.
Bauxite & Northern
Belt Railway of Chicago
Camas Prairie Railroad Co.
Chicago & Eastern Illinois Railroad
Chicago Heights Terminal & Transfer Co.
Chicago & Illinois Midland
Chicago & North Western Railway
Chicago & Western Indiana
Chicago, Burlington & Quincy Railroad
Chicago Great Western Railway Co.
Chicago, Milwaukee, St. Paul & Pacific
Chicago Produce Terminal Co.
Chicago, Rock Island & Pacific Ry.
Colorado & Southern Railway
Colorado & Wyoming Railway
Denver & Rio Grande Western Railroad
Denver Union Terminal Railway
Des Moines Union Railway
Duluth, Missabe & Iron Range Railway
Duluth, South Shore & Atlantic
Duluth Union Depot & Transfer Co.
Duluth, Winnipeg & Pacific Railway
East St. Louis Junction Railroad
Elgin, Joliet & Eastern Railway
El Paso Union Passenger Depot
Fort Worth & Denver Railway Co.
Galveston, Houston & Henderson Railroad
Great Northern Railway
Green Bay & Western
Kewaunee, Green Bay & Western R.R.
Houston Belt & Terminal Railway
Illinois Central Railroad
Chicago & Illinois Western Railroad
Illinois Northern Railway
Illinois Terminal Railroad
Joint Tex. Division of CRI&P & FW&D
Kansas City Southern Railway
Arkansas Western Railway
Fort Smith & Van Buren
Joplin Union Depot Co.
Kansas City Terminal Railway
King Street Passenger Station (Seattle)
Lake Superior & Ishpeming
Los Angeles Junction Railway
Louisiana & Arkansas Railway Co.
Manufacturer's Railway
Midland Valley Railroad
Kansas, Oklahoma & Gulf Railway
Oklahoma City, Ada, Atoka Railway
Milwaukee-Kansas City Southern Jt. Agency
Minneapolis & St. Louis Railway
Railway Transfer Co., City of Minneapolis
Minneapolis, Northfield & Southern Ry.
Minneapolis, St. Paul & Sault Ste. Marie
Minnesota & Manitoba
Minnesota Transfer Railway
Minneapolis Industrial Ry. (Minn. Western)
Missouri-Kansas-Texas Railroad Co.
Beaver, Meade & Englewood Railroad
Missouri-Kansas-Texas R.R. Co. of Texas
Missouri Pacific Railroad:
Southern & Western Districts
Gulf District
Missouri-Illinois Railroad
Sedalia Reclamation Plant
Northern Pacific
Northern Pacific Term. Co. of Oregon
Northwestern Pacific Railroad
Ogden Union Railway & Depot Co.
Oklahoma City Stock Yards Agency
Paducah & Illinois Railroad Co.
Peoria & Pekin Union Railway
Port Terminal R.R. Assn. (Houston)
Pueblo Joint Interchange Bureau
St. Joseph Terminal Railroad Co.
St. Louis-- San Francisco Railway
St. Louis, San Francisco of Texas
St. Louis Southwestern Railway
St. Paul Union Depot Co.
San Diego & Arizona Eastern
Sioux City Terminal Railway
Southern Pacific Co. (Pacific Lines)
Spokane, Portland & Seattle Railway
Oregon Electric Railway
Oregon Trunk Railway
Terminal Railroad Assn. of St. Louis
Texarkana Union Station Trust
Texas & New Orleans Railroad
Texas & Pacific Railway
Abilene & Southern Railway
Ft. Worth Belt Railway
Texas-New Mexico Railway
Texas Short Line Railway
Weatherford, Mineral Wells & No. Western
Texas Mexican Railway Co.
Texas-Pacific-- Missouri Pacific Term. RR of New Orleans
Toledo, Peoria & Western Railroad
Union Pacific Railroad
Union Railway Co. (Memphis)
Union Terminal Co. (Dallas)
Wabash Railroad Co.
Walla Walla Valley Railway Co.
Western Pacific Railroad
Western Weighing & Inspection Bureau
Wichita Terminal Association
Wichita Union Terminal Railway
Albany Passenger Terminal Company
Atlanta & West Point
Western Railway of Alabama
Atlanta Joint Terminals
Atlanta Terminal Company
Atlantic Coast Line Railroad
Birmingham Southern Railroad Co.
Central of Georgia Railway Co.
Charleston & Western Carolina Ry. Co.
Chesapeake & Ohio Ry. (Chesapeake Dist.)
Chesapeake & Ohio Ry. (Pere Marquette)
Clinchfield Railroad
Florida East Coast Railway
Georgia Railroad Co.
Augusta Union Station Co.
Augusta & Summerville Railroad
Gulf, Mobile & Ohio
Jacksonville Terminal Co.
Kentucky & Indiana Terminal Railroad
Louisville & Nashville Railroad
Nashville, Chattanooga & St. L. Dist.
Macon Terminal
Norfolk & Portsmouth Belt Line
Norfolk & Western Railway
Richmond, Fredericksburg & Potomac
Potomac Yard
Richmond Terminal Railway Co.
Seaboard Air Line Railway Company
Southern Railway
Alabama Great Southern Ry.
Cincinnati, New Orleans & Texas Pacific
Georgia Southern & Florida
Harriman & Northeastern R.R. Co.
New Orleans & Northeastern R.R.
New Orleans Terminal Co.
St. Johns River Terminal Co.
Tennessee Central Railway
Virginian Railway Co.
International Association of Machinists
International Brotherhood of Boilermakers, Iron Ship Builders,
Blacksmiths, Forgers and Helpers
Sheet Metal Workers' International Association
International Brotherhood of Electrical Workers
Brotherhood of Railway Carmen of America
International Brotherhood of Firemen and Oilers
Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express and Station Employes
Brotherhood of Maintenance of Way Employes
The Order of Railroad Telegraphers
Brotherhood of Railroad Signalmen
Hotel and Restaurant Employees and Bartenders International Union
Akron & Barberton Belt Railroad
Akron, Canton & Youngstown Railroad
Akron Union Passenger Depot Company
Ann Arbor Lake Michigan Car Ferries
Ann Arbor Railroad Company
Baltimore & Ohio Railroad Company
B&O Chicago Terminal
B&O R.R. Co. N.Y. Terminal Region
B&O Warehouse (Cincinnati)
Blue Line Transfer
Camden Warehouses, Inc.
Curtis Bay Railroad
Dayton & Union Railroad
Locust Point Grain Elevators
Staten Island Rapid Transit
Strouds Creek & Muddlety Railroad
Terminal Storage Co., Washington
Bessemer & Lake Erie Railroad Company
Boston & Maine Railroad Company
Boston Terminal Company
Brooklyn Eastern District Terminal
Bush Terminal Company
Canadian National Railways:
Can. Natl. Ry.-- State of New York
Can. Natl. Ry.-- Lines in New England
C.N.R. Elevator, Portland, Me.
Frt. Offc & Facilities (BlkRk & Buffalo)
Champlain & St. Lawrence Railroad
St. Clair Tunnel Company
United States & Canada Railroad Company
Canadian Pacific Railways in the U.S.
Central Railroad Company of New Jersey
New York & Long Branch Railroad
Wharton & Northern Railroad
Central Vermont Railway
Chicago Union Station Company
Cincinnati Union Terminal Company
Dayton Union Railway Company
Delaware & Hudson Railroad
Delaware, Lackawanna & Western Railroad
Detroit & Toledo Shore Line Railroad
Detroit Terminal Railroad Company
Detroit, Toledo & Ironton Railroad
Erie Railroad Company
Grand Trunk Western Railroad Company
Hoboken Shore Railroad Company
Indianapolis Union Railway Company
Lake Terminal Railroad Company
Lehigh & New England Railroad Company
Lehigh Valley Railroad Company
Long Island Railroad Company
Maine Central Railroad Company
Portland Terminal Company
Monon Railroad
Monongahela Railway Company
Montour Railroad
Newburgh & South Shore Railway Company
New York Central System:
N.Y. & Eastern Dist. (Excl. B&A Div.)
Boston & Albany Division
Grand Central Terminal
Buffalo Stock Yards
Melrose Central Building
NYC Grain Elevator, Weehawken, N.J.
Western District
Ohio Central Division
Northern District
Southern District
Peoria & Eastern
L. & J.B. & R.R.
Indiana Harbor Belt
Chicago River & Indiana Railroad
Chicago Junction Railway
Pittsburgh & Lake Erie Railroad
Lake Erie & Eastern Railroad
Cleveland Union Terminals
Troy Union Railroad
New York Connecting Railroad Company
New York, Chicago & St. Louis Railroad Company
Wheeling & Lake Erie
New York Dock Railway
New York, New Haven & Hartford
New York, Susquehanna & Western R.R. Co.
Pennsylvania Railroad Company
Baltimore & Eastern Railway Company
Pennsylvania-Reading Seashore Lines
Pittsburgh & West Virginia
Pittsburgh, Chartiers & Youghiogheney
Railroad Perishable Inspection Agency
Reading Company
Philadelphia, Reading & Pottsville Telegraph Co.
River Terminal Railway Company
Toledo Terminal Railroad
Union Depot Company (Columbus, Ohio)
Union Freight Railroad (Boston)
Union Inland Freight Station (New York)
Union Railroad
Upper Merion & Plymouth
Washington Terminal Company
Western Maryland Railway
Youngstown & Northern Railroad Company
Alton & Southern Railroad
Atchison, Topeka & Santa Fe Railway
Dining Car Department
Gulf, Colorado & Santa Fe
National Carloading
Newton, Kansas Laundry Workers
Panhandle & Santa Fe Railway
San Bernardino, Cal. Laundry Workers
Tie & Tmbr. Trtg. Plnt., Somerville, Tex.
Tie & Tmbr. Trtg. Plnt., Albuquerque, N.M.
Bauxite & Northern
Belt Railway of Chicago
Camas Prairie Railroad Company
Chicago & Eastern Illinois Railroad
Chicago Heights Terminal & Trsfr. Co.
Chicago & Illinois Midland
Chicago & North Western Railway
Chicago & Western Indiana
Chicago, Burlington & Quincy Railroad
Chicago Great Western Railway Company
Chicago, Milwaukee, St. Paul & Pacific
Chicago Produce Terminal Company
Chicago, Rock Island & Pacific Railway
Colorado & Southern Railway
Colorado & Wyoming Railway
Davenport, Rock Island & North Western
Denver & Rio Grande Western Railroad
Denver Union Terminal Railway
Des Moines Union Railway
Duluth, Missabe & Iron Range Railway
Duluth, South Shore & Atlantic
Duluth Union Depot & Transfer Company
Duluth, Winnipeg & Pacific Railway
East St. Louis Junction Railroad
Elgin, Joliet & Eastern Railway
El Paso Union Passenger Depot
Fort Worth & Denver Railway Company
Galveston, Houston & Henderson Railroad
Great Northern Railway
Green Bay & Western
Kewaunee, Green Bay & Western R.R.
Houston Belt & Terminal Railway
Illinois Central Railroad
Chicago & Illinois Western Railroad
Illinois Northern Railway
Illinois Terminal Railroad
Joint Texas Division of CRI&P & FW&D
Joliet Union Depot Company
Kansas City Southern Railway
Arkansas Western Railway
Fort Smith & Van Buren
Joplin Union Depot Company
Kansas City Terminal Railway
Keokuk Union Depot Company
King St. Psgr. Station (Seattle)
Lake Superior & Ishpeming
Los Angeles Junction Railway
Louisiana & Arkansas Railway Company
Manufacturer's Railway
Midland Valley Railroad
Kansas, Oklahoma & Gulf Railway
Oklahoma City, Ada, Atoka Railway
Milwaukee-Kansas City Southern Jt. Agcy.
Minneapolis & St. Louis Railway
Railway Transfer Co., City of Mpls.
Minneapolis, Northfield & Southern Railway
Mpls., St. Paul & Sault Ste. Marie
Minnesota & Manitoba
Minnesota Transfer Railway
Minneapolis Industrial Railway
Missouri & Ill. Bridge & Belt R.R. Company
Missouri-Kansas-Texas Railroad Company
Beaver, Meade & Englewood Railroad
Missouri-Kansas-Texas RR Company of Texas
Missouri Pacific Railroad:
Southern & Western Districts
Gulf District
Missouri-Illinois Railroad
Sedalia Reclamation Plant
Northern Pacific
Timber Trtg. Plant-- Brainerd, Minn.
Timber Trtg. Plant-- Paradise, Mont.
Northern Pacific Terminal Company of Oregon
Northwestern Pacific Railroad
Ogden Union Railway & Depot Company
Oklahoma City Stock Yards Agency
Paducah & Illinois Railroad Company
Peoria & Pekin Union Railway
Peoria Terminal Company
Port Terminal R.R. Assn. (Houston)
Pueblo Joint Interchange Bureau
St. Joseph Terminal Railroad Company
St. Louis-San Francisco Railway
St. Louis San Francisco of Texas
St. Louis Southwestern Railway
St. Paul Union Depot Company
San Diego & Arizona Eastern
Sioux City Terminal Railway
Southern Pacific Co. (Pacific Lines)
Spokane, Portland & Seattle Railway
Oregon Electric Railway
Oregon Trunk Railway
Terminal Railroad Assn. of St. Louis
Texarkana Union Station Trust
Texas & New Orleans Railroad
Texas & Pacific Railway
Abilene & Southern Railway
Ft. Worth Belt Railway
Texas-- New Mexico Railway
Texas Short Line Railway
Weatherford, Mineral Wells & No. Western
Texas Mexican Railway Company
Tex-Pac-Mo.-Pac Term. RR of N'Orleans
Toledo, Peoria & Western Railroad
Trans-Continental Frt. Bureau-- South
Union Pacific Railroad
Union Railway Company (Memphis)
Union Railway Terminal Company (Dallas)
Wabash Railroad Company
Walla Walla Valley Railway Company
Western Pacific Railroad
Western Weighing & Inspection Bureau
Wichita Terminal Association
Wichita Union Terminal Railway
Albany Passenger Terminal Company
Atlanta & West Point
Western Railway of Alabama
Atlanta Joint Terminals
Atlanta Terminal Company
Atlantic Coast Line Railroad
Birmingham Southern Railroad Company
Central of Georgia Railway Company
Charleston & Western Carolina Railway Company
Chesapeake & Ohio Railway (Chesapeake Dist.)
Chesapeake & Ohio Railway (Pere Marquette)
Clinchfield Railroad
Florida East Coast Railway
Georgia Railroad Company
Augusta Union Station Company
Augusta & Summerville Railroad
Gulf, Mobile & Ohio
Jacksonville Terminal Company
Kentucky & Indiana Terminal Railroad
Louisville & Nashville Railroad
Nashville, Chattanooga & St. L. Dist.
Macon Terminal
Norfolk & Portsmouth Belt Line
Norfolk & Western Railway
Richmond, Fredericksburg & Potomac
Potomac Yard
Richmond Terminal Railway Company
Seaboard Air Line Railway Company
Southern Railway
Alabama Great Southern Railway
Cincinnati, New Orleans & Tex. Pac.
Georgia Southern & Florida
Harriman & Northeastern R.R. Co.
New Orleans & Northeastern R.R.
New Orleans Terminal Company
St. Johns River Terminal Company
Tennessee, Central Railway
Virginian Railway Company
International Association of Machinists
International Brotherhood of Boilermakers, Iron Ship Builders,
Blacksmiths, Forgers and Helpers
Sheet Metal Workers' International Association
International Brotherhood of Electrical Workers
Brotherhood of Railway Carmen of America
International Brotherhood of Firemen and Oilers
Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express and Station Employes
Brotherhood of Maintenance of Way Employes
The Order of Railroad Telegraphers
Brotherhood of Railroad Signalmen
Hotel and Restaurant Employees and Bartenders International Union.
THE WHITE HOUSE,
April 22, 1960.
DWIGHT D. EISENHOWER
/1/ 45 U.S.C.A. 160.
Executive Order No. 10874, 25 F.R. 3457, April 21, 1960, THE LONG
ISLAND RAILROAD CO.
WHEREAS a dispute exists between The Long Island Railroad Company, a
carrier, and certain of its employees represented by the Brotherhood of
Railroad Trainmen, a labor organization; and
WHEREAS this dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS this dispute, in the judgment of the National Mediation
Board, threatens substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /3/ I hereby
create a board of three members, to be appointed by me, to investigate
this dispute. No member of the board shall be pecuniarily or otherwise
interested in any organization of railroad employees or any carrier.
The board shall report its findings to the President with respect to
the dispute within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the Railway Labor Act, as amended,
from this date and for thirty days after the board has made its report
to the President, no change, except by agreement, shall be made by The
Long Island Railroad Company, or by its employees, in the conditions out
of which the dispute arose.
THE WHITE HOUSE,
April 18, 1960
DWIGHT D. EISENHOWER
/3/ 45 U.S.C.A. 160.
Executive Order No. 10873, 25 F.R. 3097, April 12, 1960
By virtue of the authority vested in me by section 1 of the
International Organizations Immunities Act, approved December 29, 1945,
(59 Stat. 669), /1/ and having found that the United States participates
in the Inter-American Development Bank under the authority of an act of
Congress approved August 7, 1959 (73 Stat. 299), /2/ I hereby designate
the Inter-American Development Bank as a public international
organization entitled to enjoy the privileges, exemptions, and
immunities conferred by the International Organizations Immunities Act.
The designation of the Inter-American Development Bank as a public
international organization within the meaning of the International
Organizations Immunities Act shall not be deemed to abridge in any
respect privileges, exemptions, and immunities which that organization
may have acquired or may acquire by treaty or congressional action.
THE WHITE HOUSE
April 8, 1960
DWIGHT D. EISENHOWER
/1/ 33 U.S.C.A. 288.
/2/ 22 U.S.C.A. 283.
Executive Order No. 10872, 25 F.R. 2379, March 22, 1960
WHEREAS a dispute exists between the Pan American World Airways,
Inc., a carrier, and certain of its employees represented by the
Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express
and Station Employes, a labor organization; and
WHEREAS this dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS this dispute, in the judgment of the National Mediation
Board, threatens substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /1/ I hereby
create a board of three members, to be appointed by me, to investigate
this dispute. No member of the board shall be pecuniarily or otherwise
interested in any organization of airline employees or any carrier.
The board shall report its findings to the President with respect to
the dispute within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the Pan
American World Airways, Inc., or by its employees, in the conditions out
of which the dispute arose.
THE WHITE HOUSE,
March 18, 1960.
DWIGHT D. EISENHOWER
/1/ 45 U.S.C.A. 160.
Executive Order No. 10871, 25 F.R. 2251, March 18, 1960, INCOME,
EXCESS-PROFITS, ETC. TAX RETURNS
By virtue of the authority vested in me by sections 55(a) and 508 of
the Internal Revenue Code of 1939 (53 Stat. 29, 111; 54 Stat. 1008; 26
U.S.C. 55(a) and 508), /5/ and by section 6103(a) of the Internal
Revenue Code of 1954 (68A Stat. 753; 26 U.S.C. 6103(a)), /6/ it is
hereby ordered that any income, excess-profits, estate, or gift tax
return for the years 1950 to 1959, inclusive, shall, during the
Eighty-sixth Congress, be open to inspection by the House Committee on
Public Works, or any duly authorized subcommittee thereof, in connection
with its investigation of the policies, procedures and practices
involved in the administration of the Federal-aid highway program,
pursuant to House Resolution 91, 86th Congress, agreed to January 29,
1959, such inspection to be in accordance and upon compliance with the
rules and regulations prescribed by the Secretary of the Treasury in
Treasury Decisions 6132 and 6133, relating to the inspection of returns
by committees of the Congress, approved by me on May 3, 1955.
This order shall be effective upon its filing for publication in the
FEDERAL REGISTER.
THE WHITE HOUSE,
March 15, 1960.
DWIGHT D. EISENHOWER.
/5/ 26 U.S.C.A.(I.R.C.1939) 55(a) and 508.
/6/ 26 U.S.C.A.(I.R.C.1954) 6103(a).
Executive Order No. 10870, 25 F.R. 2197, March 17, 1960
WHEREAS the National Aeronautics and Space Administration has
recently acquired facilities at Huntsville, Alabama, for space flight
research and development; and
WHEREAS these facilities are destined to play a major role in man's
conquest of outer space and its utilization for peaceful purposes for
the benefit of all mankind; and
WHEREAS it is fitting that these facilities bear the name of a
distinguished and revered American; and
WHEREAS the late General of the Army George C. Marshall devoted his
life to the service of his country and to the advancement of the cause
of peace throughout the world:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, I hereby designate the facilities of the National
Aeronautics and Space Administration at Huntsville, Alabama, as the
George C. Marshall Space Flight Center; and such facilities shall
hereafter be known and referred to by that name.
THE WHITE HOUSE,
March 15, 1960.
DWIGHT D. EISENHOWER.
Executive Order No. 10869, 25 F.R. 2073, March 11, 1960
WHEREAS the appointment of postmasters to fourth-class post offices
is controlled in part by regulations approved by the President on
November 25, 1912, as amended by Executive Orders No. 1778 of May 7,
1913, No. 4124 of January 12, 1925, No. 9769 of August 14, 1946, No.
10017 of November 10, 1948, and No. 10337 of April 3, 1952; and
WHEREAS it is in the interest of efficiency of operation that the
regulations governing the appointment of postmasters of the fourth class
be revised and incorporated into the Civil Service Rules as hereinafter
set forth:
NOW, THEREFORE, by virtue of the authority vested in me by section
1753 of the Revised Statutes (5 U.S.C. 631), /3/ by the Civil Service
Act of January 16, 1883 (22 Stat. 403), and by section 301 of title 3 of
the United States Code, /4/ it is ordered as follows:
SECTION 1. Section 2.1 of Civil Service Rule II, as prescribed by
Executive Order No. 10577 of November 22, 1954, is hereby amended by
adding thereto a new subsection (c) reading as follows:
"(c) Whenever the Civil Service Commission (1) is unable to certify a
sufficient number of names to permit the appointing officer to consider
three eligibles for appointment to a fourth-class postmaster position in
accordance with the regular procedure, or (2) finds that a particular
rate of compensation for fourth-class postmaster positions is too low to
warrant regular competitive examinations for such positions, it may
authorize appointment to any position or positions in accordance with
such procedure as may be prescribed by the Commission. Persons
appointed under this subsection may acquire competitive status subject
to satisfactory completion of a probationary period prescribed by the
Commission."
SEC. 2. The following-designated Executive orders and regulations
are hereby revoked: Executive Order No. 982 of November 30, 1908;
Executive Order No. 1624 of October 15, 1912, governing the appointment
of postmasters of the fourth class; Executive Order No. 1776 of May 7,
1913; Executive Order No. 1778 of May 7, 1913; Executive Order No.
2119 of January 12, 1915; Executive Order No. 4124 of January 12, 1925;
and Executive Order No. 10337 of April 3, 1952.
THE WHITE HOUSE,
March 9, 1960.
DWIGHT D. EISENHOWER.
/2/ 5 U.S.C.A. 631 note.
/3/ 5 U.S.C.A. 631.
/4/ 3 U.S.C.A. 301.
Executive Order No. 10868, 25 F.R. 1927, March 5, 1960, THE NEW YORK
CENTRAL
WHEREAS a dispute exists between the New York Central System, a
carrier, and certain of its employees represented by the Order of
Railway Conductors and Brakemen, a labor organization; and
WHEREAS this dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS this dispute, in the judgment of the National Mediation
Board, threatens substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service;
NOW, THEREFORE, by virtue of the authority vested in me by section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /1/ I hereby
create a board of three members, to be appointed by me, to investigate
this dispute. No member of the board shall be pecuniarily or otherwise
interested in any organization of railway employees or any carrier.
The board shall report its findings to the President with respect to
the dispute within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the New York
Central System, or by its employees, in the conditions out of which the
dispute arose.
THE WHITE HOUSE,
February 29, 1960.
DWIGHT D. EISENHOWER.
/1/ 45 U.S.C.A. 160.
Executive Order No. 10867, 25 F.R. 1584, February 24, 1960, DISTRICT
COURT OF ALASKA
WHEREAS the act of July 7, 1958, 72 Stat. 339, /6/ relating to the
admission of the State of Alaska into the Union, provides that the
United States District Court for the Territory of Alaska shall continue
to function as theretofore for a period of three years after the
effective date of that act, unless the President, by Executive order,
shall sooner proclaim that the United States District Court for the
District of Alaska, established in accordance with the provisions of
that act, is prepared to assume the functions imposed upon it; and
WHEREAS that act further provides that its provisions relating to the
termination of the jurisdiction of the District Court for the Territory
of Alaska, the continuation of suits, the succession of courts, and the
satisfaction of the rights of litigants in suits before such courts
shall not be effective until the expiration of the above-mentioned
three-year period or until such Executive order is issued; and that the
tenure of the judges, the United States Attorneys, Marshals, and other
officers of the United States District Court for the Territory of Alaska
shall terminate at such time as that court shall cease to function; and
WHEREAS, I have appointed, by and with the advice and consent of the
Senate, and commissioned the Honorable Walter N. Hodge to be United
States District Judge for the District of Alaska, and he has taken his
oath of office; and
WHEREAS Judge Hodge has appointed an acting United States Attorney, a
acting United States Marshal, and other court officers; and
WHEREAS the United States District Court for the District of Alaska
is now prepared to assume the functions imposed upon it;
NOW, THEREFORE, by virtue of the authority vested in me by section 18
of the said act of July 7, 1958, I hereby proclaim that the United
States District Court for the District of Alaska is prepared to assume
the functions imposed upon it. Accordingly, the jurisdiction of the
District Court for the Territory of Alaska and the tenure of the judges,
the United States Attorneys, Marshals, and other officers of that court
are now terminated.
THE WHITE HOUSE,
February 20, 1960.
DWIGHT D. EISENHOWER
/6/ 48 U.S.C.A., note preceding 21.
Executive Order No. 10866, 25 F.R. 1584, February 24, 1960
By virtue of the authority vested in me by section 1 of the
International Organizations Immunities Act, approved December 29, 1945
(59 Stat. 669), /5/ and having found that the United States participates
in the Southeast Asia Treaty Organization pursuant to the authority of
the Southeast Asia Collective Defense Treaty ratified by the President
on February 4, 1955, with the advice and consent of the Senate given on
February 1, 1955 (6 UST 81, T.I.A.S. 3170), I hereby designate the
Southeast Asia Treaty Organization as a public international
organization entitled to enjoy the privileges, exemptions, and
immunities conferred by the International Organizations Immunities Act.
The designation of the Southeast Asia Treaty Organization as a public
international organization within the meaning of the International
Organizations Immunities Act is not intended to abridge in any respect
privileges, exemptions, and immunities which that organization may have
acquired or may acquire by treaty or congressional action.
THE WHITE HOUSE,
February 20, 1960.
DWIGHT D. EISENHOWER
/5/ 22 U.S.C.A. 288a.
Executive Order No. 10865, 25 F.R. 1583, February 24, 1960,
CLASSIFIED INFORMATION
WHEREAS it is mandatory that the United States protect itself against
hostile or destructive activities by preventing unauthorized disclosures
of classified information relating to the national defense; and
WHEREAS it is a fundamental principle of our Government to protect
the interests of individuals against unreasonable or unwarranted
encroachment; and
WHEREAS I find that the provisions and procedures prescribed by this
order are necessary to assure the preservation of the integrity of
classified defense information and to protect the national interest;
and
WHEREAS I find that those provisions and procedures recognize the
interest of individuals affected thereby and provide maximum possible
safeguards to protect such interests:
NOW, THEREFORE, under and by virtue of the authority vested in me by
the Constitution and statutes of the United States, and as President of
the United States and as Commander in Chief of the armed forces of the
United States, it is hereby ordered as follows:
SECTION 1. (a) The Secretary of State, the Secretary of Defense, the
Commissioners of the Atomic Energy Commission, the Administrator of the
National Aeronautics and Space Administration, and the Administrator of
the Federal Aviation Agency, respectively, shall, by regulation,
prescribe such specific requirements, restrictions, and other safeguards
as they consider necessary to protect (1) releases of classified
information to or within United States industry that relate to bidding
on, or the negotiation, award, performance, or termination of, contracts
with their respective agencies, and (2) other releases of classified
information to or within industry that such agencies have responsibility
for safeguarding. So far as possible, regulations prescribed y them
under this order shall be uniform and provide for full cooperation among
the agencies concerned.
(b) Under agreement between the Department of Defense and any other
department or agency of the United States, including, but not limited
to, those referred to in subsection (c) of this section, regulations
prescribed by the Secretary of Defense under subsection (a) of this
section may be extended to apply to protect releases (1) of classified
information to or within United States industry that relate to bidding
on, or the negotiation, award, performance, or termination of, contracts
with such other department or agency, and (2) other releases of
classified information to or within industry which such other department
or agency has responsibility for safeguarding.
(c) When used in this order, the term "head of a department" means
the Secretary of State, the Secretary of Defense, the Commissioners of
the Atomic Energy Commission, the Administrator of the National
Aeronautics and Space Administration, the Administrator of the Federal
Aviation Agency, and, in sections 4 and 8, includes the Attorney
General. The term "department" means the Department of State, the
Department of Defense, and the Atomic Energy Commission, the National
Aeronautics and Space Administration, the Federal Aviation Agency, and,
in sections 4 and 8, includes the Department of Justice.
SEC. 2. An authorization for access to classified information may be
granted by the head of a department or his designee, including but not
limited to, those officials named in section 8 of this order, to an
individual, hereinafter termed an "applicant", for a specific
classification category only upon a finding that it is clearly
consistent with the national interest to do so.
SEC. 3. Except as provided in section 9 of this order, an
authorization for access to a specific classification category may not
be finally denied or revoked by the head of a department or his
designee, including, but not limited to, those officials named in
section 8 of this order, unless the applicant has been given the
following:
(1) A written statement of the reasons why his access authorization
may be denied or revoked, which shall be as comprehensive and detailed
as the national security permits.
(2) A reasonable opportunity to reply in writing under oath or
affirmation to the statement of reasons.
(3) After he has filed under oath or affirmation a written reply to
the statement of reasons, the form and sufficiency of which may be
prescribed by regulations issued by the head of the department
concerned, an opportunity to appear personally before the head of the
department concerned or his designee, including, but not limited to,
those officials named in section 8 of this order, for the purpose of
supporting his eligibility for access authorization and to present
evidence on his behalf.
(4) A reasonable time to prepare for that appearance.
(5) An opportunity to be represented by counsel.
(6) An opportunity to cross-examine persons either orally or through
written interrogatories in accordance with section 4 on matters not
relating to the characterization in the statement of reasons of any
organization or individual other than the applicant.
(7) A written notice of the final decision in his case which, if
adverse, shall specify whether the head of the department or his
designee, including, but not limited to, those officials named in
section 8 of this order, found for or against him with respect to each
allegation in the statement of reasons.
SEC. 4. (a) An applicant shall be afforded an opportunity to
cross-examine persons who have made oral or written statements adverse
to the applicant relating to a controverted issue except that any such
statement may be received and considered without affording such
opportunity in the circumstances described in either of the following
paragraphs:
(1) The head of the department supplying the statement certifies that
the person who furnished the information is a confidential informant who
has been engaged in obtaining intelligence information for the
Government and that disclosure of his identity would be substantially
harmful to the national interest.
(2) The head of the department concerned or his special designee for
that particular purpose has preliminarily determined, after considering
information furnished by the investigative agency involved as to the
reliability of the person and the accuracy of the statement concerned,
that the statement concerned appears to be reliable and material, and
the head of the department or such special designee has determined that
failure to receive and consider such statement in view of the level of
access sought, be substantially harmful to the national security and
that the person who furnished the information cannot appear to testify
(A) due to death, severe illness, or similar cause, in which case the
identity of the person and the information to be considered shall be
made available to the applicant, or (B) due to some other cause
determined by the head of the department to be good and sufficient.
(b) Whenever procedures under paragraphs (1) or (2) of subsection (a)
of this section are used (1) the applicant shall be given a summary of
the information which shall be as comprehensive and detailed as the
national security permits, (2) appropriate consideration shall be
accorded to the fact that the applicant did not have an opportunity to
cross-examine such person or persons, and (3) a final determination
adverse to the applicant shall be made only by the head of the
department based upon his personal review of the case.
SEC. 5. (a) Records compiled in the regular course of business, or
other physical evidence other than investigative reports, may be
received and considered subject to rebuttal without authenticating
witnesses, provided that such information has been furnished to the
department concerned by an investigative agency pursuant to its
responsibilities in connection with assisting the head of the department
concerned to safeguard classified information within industry pursuant
to this order.
(b) Records compiled in the regular course of business, or other
physical evidence other than investigative reports, relating to a
controverted issue which because they are classified, may not be
inspected by the applicant, may be received and considered provided
that: (1) the head of the department concerned or his special designee
for that purpose has made a preliminary determination that such physical
evidence appears to be material, (2) the head of the department
concerned or such designee has made a determination that failure to
receive and consider such physical evidence would, in view of the level
of access sought, be substantially harmful to the national security, and
(3) to the extent that the national security permits, a summary or
description of such physical evidence is made available to the
applicant. In every such case, information as to the authenticity and
accuracy of such physical evidence furnished by the investigative agency
involved shall be considered.
In such instances a final determination adverse to the applicant shall
be made only by the head of the department based upon his personal
review of the case.
SEC. 6. Because existing law does not authorize the Department of
State, the Department of Defense, or the National Aeronautics and Space
Administration to subpena witnesses, the Secretary of State, the
Secretary of Defense, or the Administrator of the National Aeronautics
and Space Administration, or his representative, may issue, in
appropriate cases, invitations and requests to appear and testify in
order that the applicant may have the opportunity to cross-examine as
provided by this order. So far as the national security permits, the
head of the investigative agency involved shall cooperate with the
Secretary or the Administrator, as the case may be, in identifying
persons who have made statements adverse to the applicant and in
assisting him in making them available for cross-examination. If a
person so invited is an officer or employee of the executive branch of
the Government or a member of the armed forces of the United States, the
head of the department or agency concerned shall cooperate in making
that person available for cross-examination.
SEC. 7. Any determination under this order adverse to an applicant
shall be a determination in terms of the national interest and shall in
no sense be a determination as to the loyalty of the applicant
concerned.
SEC. 8. Except as otherwise specified in the preceding provisions of
this order, any authority vested in the head of a department by this
order may be delegated to the
(1) Under Secretary of State or a Deputy Under Secretary of State, in
the case of authority vested in the Secretary of State;
(2) Deputy Secretary of Defense or an Assistant Secretary of Defense,
in the case of authority vested in the Secretary of Defense;
(3) General Manager of the Atomic Energy Commission, in the case of
authority vested in the Commissioners of the Atomic Energy Commission;
(4) Deputy Administrator of the National Aeronautics and Space
Administration, in the case of authority vested in the Administrator of
the National Aeronautics and Space Administration;
(5) Deputy Administrator of the Federal Aviation Agency, in the case
of authority vested in the Administrator of the Federal Aviation Agency;
or
(6) Deputy Attorney General or an Assistant Attorney General, in the
case of authority vested in the Attorney General.
SEC. 9. Nothing contained in this order shall be deemed to limit or
affect the responsibility and powers of the head of a department to deny
or revoke access to a specific classification category if the security
of the nation so requires. Such authority may not be delegated and may
be exercised only when the head of a department determines that the
procedures prescribed in sections 3, 4, and 5 cannot be invoked
consistently with the national security and such determination shall be
conclusive.
THE WHITE HOUSE,
February 20, 1960.
DWIGHT D. EISENHOWER
Executive Order No. 10864, 25 F.R. 1507, February 20, 1960
By virtue of the authority vested in me by section 1 of the
International Organizations Immunities Act, approved December 29, 1945
(59 Stat. 669), /3/ and having found that the United States participates
in the Pan American Health Organization pursuant to the authority of the
Pan American Sanitary Convention ratified by the President on March 28,
1925, with the advice and consent of the Senate given on February 23,
1925 (44 Stat. 2031, TS 714), I hereby designate the Pan American Health
Organization as a public international organization entitled to enjoy
the privileges, exemptions, and immunities conferred by the
International Organizations Immunities Act.
The designation of the Pan American Health Organization as a public
international organization within the meaning of the International
Organizations Immunities Act is not intended to abridge in any respect
privileges, exemptions, and immunities which that organization may have
acquired or may acquire by treaty or congressional action.
The designation of the Pan American Health Organization made by this
order shall be deemed to include the designation of the Pan American
Sanitary Bureau. The designation of the Pan American Sanitary Bureau
made by Executive Order No. 9751 of July 11, 1946, /4/ is hereby
superseded, and that order is amended accordingly.
THE WHITE HOUSE,
February 18, 1960.
DWIGHT D. EISENHOWER
/3/ 22 U.S.C.A. 288.
/4/ 1946 U.S.Code Cong.Serv.p. 1828.
Executive Order No. 10863, 25 F.R. 1507, February 20, 1960
By virtue of the authority vested in me by section 1 of Title VI of
the act of June 15, 1917, 40 Stat. 223, as amended by section 1 of the
act of August 13, 1953, 67 Stat. 577 (22 U.S.C. 401), /2/ it is ordered
as follows:
Section 1. The Attorney General is hereby designated under section 1
of Title VI of the act of June 15, 1917, as amended by section 1 of the
act of August 13, 1953, as a person duly authorized to seize and detain
arms or munitions of war or other articles, and to seize and detain any
vessel, vehicle, or aircraft containing such items or which has been, or
is being, used in exporting or attempting to export such arms or
munitions of war or other articles, whenever an attempt is made to
export or ship from or take out of the United States such arms or
munitions of war or other articles in violation of law, or whenever it
is known, or there is probable cause to believe, that such arms or
munitions of war or other articles are intended to be, or are being or
have been, exported or removed from the United States in violation of
law.
Sec. 2. The authority conferred upon the Attorney General by section
1 of this order may be exercised by any officer of the Department of
Justice designated for such purpose by the Attorney General.
THE WHITE HOUSE,
February 18, 1960.
DWIGHT D. EISENHOWER
/2/ 22 U.S.C.A. 401.
Executive Order No. 10862, 25 F.R. 1355, February 16, 1960
WHEREAS a dispute exists between the Atchison, Topeka and Santa Fe
Railway Company-- Coast Lines, a carrier, and certain of its employees
represented by the Brotherhood of Locomotive Engineers, a labor
organization; and
WHEREAS this dispute has not heretofore been adjusted under the
provisions of the Railway Labor Act, as amended; and
WHEREAS this dispute, in the judgment of the National Mediation
Board, threatens substantially to interrupt interstate commerce to a
degree such as to deprive a section of the country of essential
transportation service:
NOW, THEREFORE, by virtue of the authority vested in me by section 10
of the Railway Labor Act, as amended (45 U.S.C. 160), /1/ I hereby
create a board of three members, to be appointed by me, to investigate
this dispute. No member of the board shall be pecuniarily or otherwise
interested in any organization of railway employees or any carrier.
The board shall report its findings to the President with respect to
the dispute within thirty days from the date of this order.
As provided by section 10 of the Railway Labor Act, as amended, from
this date and for thirty days after the board has made its report to the
President, no change, except by agreement, shall be made by the
Atchison, Topeka and Santa Fe Railway Company-- Coast Lines, or by its
employees, in the conditions out of which the dispute arose.
THE WHITE HOUSE,
February 12, 1960.
DWIGHT D. EISENHOWER
/1/ 45 U.S.C.A. 160.
Executive Order No. 10861, 25 F.R. 1301, February 13, 1960, PROMOTION
OF OFFICERS
By virtue of the authority vested in me by section 5785(b) of title
10 of the United States Code, /5/ it is ordered as follows:
Section 1. Except as to the provision which reads
The Secretary of the Navy shall furnish the appropriate selection
board convened under chapter 543 of this title with the number of
officers, not restricted in the performance of duty, other than women
officers appointed under section 5590 of this title, that may be
recommended for promotion to the grade of captain or commander in the
Medical Corps, the Supply Corps, the Chaplain Corps, the Civil Engineer
Corps, Dental Corps, or the Medical Service Corps * * * ,
the provisions of section 5762(a) of title 10 of the United States
Code, /6/ to the extent that such provisions are applicable to
promotions to the grade of captain in the Supply Corps, the Chaplain
Corps, the Civil Engineer Corps, and the Medical Service Corps, are
hereby suspended until June 30 of the fiscal year following that in
which the national emergency proclaimed by Proclamation No. 2914 of
December 16, 1950, /7/ shall end.
Sec. 2. Except as to the provision which reads
The Secretary shall furnish the appropriate selection board convened
under chapter 543 of this title with the number of male officers in the
Supply or the Civil Engineer Corps, not restricted in the performance of
duty, that may be recommended for promotion to the grade of lieutenant
commander or lieutenant * * * ,
the provisions of section 5762(b) of title 10 of the United States
Code, are hereby suspended until June 30 of the fiscal year following
that in which the national emergency proclaimed by Proclamation No. 2914
of December 16, 1950, shall end.
THE WHITE HOUSE,
February 11, 1960.
DWIGHT D. EISENHOWER
/5/ 10 U.S.C.A. 5785(b).
/6/ 10 U.S.C.A. 5762(a).
/7/ 50 U.S.C.A.App.Note prec. 1.
Executive Order No. 10860, 25 F.R. 1089, February 9, 1960, COAT OF
ARMS, SEAL, AND FLAG
By virtue of the authority vested in me as President of the United
States, it is hereby ordered as follows:
Section 1. The Coat of Arms of the President of the United States
shall be of the following design:
SHIELD: Paleways of thirteen pieces argent and gules, a chief azure;
upon the breast of an American eagle displayed holding in his dexter
talon an olive branch and in his sinister a bundle of thirteen arrows
all proper, and in his beak a white scroll inscribed "E PLURIBUS UNUM"
sable.
CREST: Behind and above the eagle a radiating glory or, on which
appears an arc of three cloud puffs proper, and a constellation of
thirteen mullets argent.
The whole surrounded by white stars arranged in the form of an
annulet with one point of each star outward on the imaginary radiating
center lines, the number of stars conforming to the number of stars in
the union of the Flag of the United States as established by chapter 1
of title 4 of the United States Code.
Sec. 2. The Seal of the President of the United States shall consist
of the Coat of Arms encircled by the words "Seal of the President of the
United States."
Sec. 3. The Color and Flag of the President of the United States
shall consist of a dark blue rectangular background of sizes and
proportions to conform to military and naval custom, on which shall
appear the Coat of Arms of the President in proper colors. The
proportions of the elements of the Coat of Arms shall be in direct
relation to the hoist, and the fly shall vary according to the customs
of the military and naval services.
Sec. 4. The Coat of Arms, Seal, and Color and Flag shall be as
described herein and as set forth in the illustrations and
specifications which accompany this order and which are hereby made a
part thereof. These designs shall be used to represent the President of
the United States exclusively.
Sec. 5. This order shall become effective on July 4, 1960, and
Executive Order No. 10823 of May 26, 1959, shall be superseded as of
that date.
THE WHITE HOUSE,
February 5, 1960.
Flag base-- blue.
Stars, large and small-- white.
Shield:
Chief-- light blue.
Stripes-- white and red.
Eagle:
Wings, body, upper legs-- shades of brown.
Head, neck, tail-- white, shaded gray.
Beak, feet, lower legs-- yellow.
Talons-- dark gray, white high lights.
Arrows-- white shaded gray.
Olive branch:
Leaves, stem-- shades of green.
Olives-- light green.
Rays-- yellow.
Clouds-- white, shaded gray.
Scroll-- white with gray shadows.
Letters-- black.
All dimensions are exclusive of heading and hems.
Device to appear on both sides of flag but will appear reversed on
reverse side of flag, except that the motto shall read from left to
right on both sides. (DRAWINGS OMITTED)
DWIGHT D. EISENHOWER
Executive Order No. 10859, 25 F.R. 1089, February 9, 1960
By virtue of the authority vested in me by the laws of the United
States, including section 1753 of the Revised Statutes (5 U.S.C. 631)
/4/ and the Civil Service Act of January 16, 1883 (22 Stat. 403), and as
President of the United States, Executive Order No. 10758 of March 4,
1958, establishing a career executive program within the civil-service
system, and Executive Order No. 10777 of August 6, 1958, amending
Executive Order No. 10758 to increase the membership of the Career
Executive Board, are hereby revoked.
THE WHITE HOUSE,
February 5, 1960.
DWIGHT D. EISENHOWER
/2/ 5 U.S.C.A. 631 note.
/3/ 5 U.S.C.A. 631 note.
/4/ 5 U.S.C.A. 631.
Executive Order No. 10858, 25 F.R. 373, January 16, 1960, THE
PRESIDENT'S COMMITTEE FOR TRAFFIC SAFETY
By virtue of the authority vested in me as President of the
United States and in order to advance the cause of street and highway
safety, it is ordered as follows:
Section 1. (a) There is hereby continued, subject to the provisions
of this order, the President's Committee for Traffic Safety, established
on April 13, 1954.
(b) The President's Committee for Traffic Safety (hereinafter
referred to as the Committee) shall be composed of not more than twelve
members appointed by the President, including individuals active in
agriculture, business, labor, public-information media, civic, service,
and women's organizations, and such other groups as the President may
determine. The Chairman of the Governors' Conference shall be a member
of the Committee during his term as Chairman of the Governors'
Conference.
Sec. 2. (a) The Committee, on behalf of the President, shall promote
State and community application of the Action Program of traffic safety
measures established by the President's Highway Safety Conference in
1946, and revised in 1949, and shall further revise and perfect that
Action Program in accordance with the findings of further research and
experience. It shall also develop effective citizen organization in the
States and communities in support of public officials with Action
Program responsibilities.
(b) The Committee shall cooperate with Federal, State, and local
officials and interested national organizations, including the Council
of State Governments, the American Municipal Association, and the
National Association of County Officials, and shall encourage them to
study traffic-safety needs, adopt uniform traffic laws and ordinances,
and conduct balanced traffic-safety programs.
(c) The Committee may establish or continue such advisory groups
(including the Advisory Council which it has heretofore established) as
may be necessary to assist it in carrying out its activities, shall
prescribe such regulations as it deems appropriate for such groups, and
shall appoint the member organizations. Through such advisory groups
and their member organizations, the Committee shall aid citizen leaders
in developing effective support organizations, assist public officials
in determining specific needs and applying remedial measures, plan and
guide nationwide traffic safety educational efforts, and advance all
areas of highway safety.
Sec. 3. (a) The Chairman of the Committee shall be designated by the
President and shall direct the work of the Committee. The Chairman may
designate a Vice Chairman to serve as Chairman in his absence. The
Chairman may from time to time prescribe such necessary rules,
procedures, and policies relating to the Committee and the conduct of
its affairs as are not inconsistent with law or with the provisions of
this order.
(b) The Committee shall meet annually, and at such other times and
places as the Chairman may deem necessary.
(c) Members of the Committee shall serve without compensation.
Sec. 4. The Secretary of Commerce may make available to the
Committee, within the limitations of section 313 of title 23 of the
United States Code /1/ and subject to the availability of
appropriations, such office space, staff, equipment, supplies, and
services as may be necessary for the operations of the Committee.
THE WHITE HOUSE,
January 13, 1960.
DWIGHT D. EISENHOWER
/1/ 23 U.S.C.A. 313.
Executive Order No. 10857, 25 F.R. 33, January 5, 1960, TRANSFER OF
PROPERTY TO ALASKA
WHEREAS section 6(e) of the act of July 7, 1958, 72 Stat. 339, as
amended, /1/ provides that the administration and management of the fish
and wildlife resources of Alaska shall be transferred to the State of
Alaska on the first day of the first calendar year following the
expiration of ninety calendar days after the Secretary of the Interior
certifies to the Congress that the Alaska State Legislature has made
adequate provision for the administration, management, and conservation
of such resources in the broad national interest; and
WHEREAS the Secretary of the Interior made such certification to the
Congress on April 27, 1959; and
WHEREAS section 45(a) of the Alaska Omnibus Act (73 Stat. 152)
provides that if the President determines that any function performed by
the Federal Government in Alaska has been terminated by the Federal
Government and that performance of such function or substantially the
same function has been or will be assumed by the State of Alaska, the
President may, until July 1, 1964, in his discretion, transfer and
convey to the State of Alaska, without reimbursement, any property or
interest in property, real or personal, situated in Alaska which is
owned or held by the United States in connection with such function;
and
WHEREAS it appears that it would be in the public interest to
delegate to the Secretary of the Interior, to the extent hereinafter
indicated, the authority vested in the President by section 45(a) of the
Alaska Omnibus Act:
NOW, THEREFORE, by virtue of the authority vested in me by section
45(a) of the Alaska Omnibus Act (73 Stat. 152) and section 301 of title
3 of the United States Code, /2/ and as President of the United States,
it is ordered as follows:
Section 1. It is hereby determined that the functions performed by
the United States in Alaska pursuant to the Alaska game law of July 1,
1943, 57 Stat. 301, the act of June 26, 1906, 34 Stat. 478, the act of
June 6, 1924, 43 Stat. 465, and the acts amending or supplementing such
acts, will terminate on December 31, 1959, and that the same functions
or substantially the same functions will be assumed by the State of
Alaska.
Sec. 2. There is hereby delegated to the Secretary of the Interior,
effective January 1, 1960, the authority vested in the President by
section 45(a) of the Alaska Omnibus Act to transfer and convey to the
State of Alaska, without reimbursement, any property or interest in
property, real or personal, situated in Alaska which is owned or held by
the United States in connection with the functions described in section
1 hereof.
Sec. 3. The Secretary of the Interior is hereby authorized to
redelegate to (1) the Assistant Secretary for Fish and Wildlife, (2) the
Commissioner of Fish and Wildlife, (3) the Directors of the Bureaus of
Commercial Fisheries and Sport Fisheries and Wildlife, and (4) the
Regional Directors, Alaska Region, of the Bureau of Commercial Fisheries
and Sport Fisheries and Wildlife all or any part of the authority
delegated to the Secretary of the Interior by section 2 hereof.
Sec. 4. All transfers and conveyances made under or pursuant to this
order shall be made in accordance with such policies, conditions, and
procedures as may be prescribed by the Secretary of the Interior.
THE WHITE HOUSE,
December 29, 1959.
DWIGHT D. EISENHOWER
/1/ 48 U.S.C.A., note preceding 21.
/2/ 3 U.S.C.A. 301.
Executive Order No. 10856, 24 F.R. 9763, December 5, 1959
By virtue of the authority vested in me as President of the United
States, it is hereby ordered that employees of the several executive
departments, independent establishments, and other governmental
agencies, including the General Accounting Office, the Government
Printing Office, and the field services of the respective departments,
establishments, and agencies of the Government, except those who may for
special public reasons be excluded from the provisions of this order by
the heads of their respective departments, establishments, or agencies,
or those whose absence from duty would be inconsistent with the
provisions of existing law, shall be excused from duty for one-half day
on Thursday, December 24, 1959, the day preceding Christmas Day; and
such one-half day shall be considered a holiday within the meaning of
Executive Order No. 10358 of June 9, 1952, /17/ and of all statutes so
far as they relate to the compensation and leave of employees of the
United States.
The heads of.departments, agencies, and independent establishments
shall, to the extent consistent with the needs of the service, adopt a
liberal policy for the granting of annual leave to all employees who
wish to take such leave over the holiday period.
This order shall not be construed as excusing from duty those
employees of the Department of State, the Department of Defense, or
other departments establishments, or agencies who for national security
or other public reasons should, in the judgment of the respective heads
thereof, be at their posts of duty.
THE WHITE HOUSE,
December 3, 1959.
DWIGHT D. EISENHOWER
/17/ 5 U.S.C.A. 86a note.
Executive Order No. 10855, 24 F.R. 9565, December 1, 1959, INSPECTION
OF INCOME TAX RETURNS
By virtue of the authority vested in me by sections 55(a) and 508 of
the Internal Revenue Code of 1939 (53 Stat. 29, 111; 54 Stat. 1008; 26
U.S.C. 55(a) and 508), /15/ and by section 6103(a) of the Internal
Revenue Code of 1954 (68A Stat. 753; 26 U.S.C. 6103(a)), /16/ it is
hereby ordered that any income tax return for the years 1945 to 1958,
inclusive, shall, during the Eighty-sixth Congress, be open to
inspection by the Senate Committee on the Judiciary, or any duly
authorized subcommittee thereof. in connection with its study and
investigation of the applicability of the antitrust and antimonopoly
laws of the United States to professional boxing, pursuant to Senate
Resolution 57, 86th Congress, agreed to February 2, 1959, such
inspection to be in accordance and upon compliance with the rules and
regulations prescribed by the Secretary of the Treasury in Treasury
Decisions 6132 and 6133, relating to the inspection of returns by
committees of the Congress, approved by me on May 3. 1955.
This order shall be effective upon its filing for publication in the
FEDERAL REGISTER.
THE WHITE HOUSE,
November 27, 1959.
DWIGHT D. EISENHOWER
/15/ 26 U.S.C.A. (I.R.C. 1939) 55(a) and 508.
/16/ 26 U.S.C.A. (I.R.C. 1954) 6103(a).
Executive Order No. 10854, 24 F.R. 9565, December 1, 1959
By virtue of the authority vested in me by section 1110 of the
Federal Aviation Act of 1958 (72 Stat. 800; 49 U.S.C. 1510), /12/ and
as President of the United States, and having determined that such
action would be in the national interest, I hereby order as follows:
The application of the Federal Aviation Act of 1958 (72 Stat. 731;
49 U.S.C. 1301 et seq.), /13/ to the extent necessary to permit the
Administrator of the Federal Aviation Agency to accomplish the purposes
and objectives of Titles III and XII thereof (49 U.S.C. 1341-1355 and
1952-1523), /14/ is hereby extended to those areas of land or water
outside the United States and the overlying airspace thereof over or in
which the Federal Government of the United States, under international
treaty agreement or other lawful arrangement, has appropriate
jurisdiction or control: Provided, that the Administrator, prior to
taking any action under the authority hereby conferred, shall first
consult with the Secretary of State on matters affecting
national-defense interests, and shall not take any action which the
Secretary of State determines to be in conflict with any international
treaty or agreement to which the United States is a party, or to be
inconsistent with the successful conduct of the foreign relations of the
United States, or which the Secretary of Defense determines to be
inconsistent with the requirements of national defense.
THE NATIONAL HOUSE,
November 27, 1959.
DWIGHT D. EISENHOWER
/12/ 49 U.S.C.A. 1510.
/13/ 49 U.S.C.A. 1301 et seq.
/14/ 49 U.S.C.A. 1341-1355, 1521-1523.
Executive Order No. 10853, 24 F.R. 9565, December 1, 1959
By virtue of the authority vested in me by section 7 (a) and 8(a) of
the Defense Department Overseas Teachers Pay and Personnel Practices Act
(73 Stat. 216) /10/ and by section 235(a) of title 38 of the United
States Code, /11/ and as President of the United States, it is ordered
as follows:
SECTION 1. The regulations contained in Executive Order No. 10000 of
September 16, 1948, as now or hereafter amended, which govern the
payment of additional compensation in foreign areas (referred to as
foreign post differential) shall govern the payment of the additional
compensation authorized by section 8(a) (2) of the Defense Department
Overseas Teachers Pay and Personnel Practices Act of 1959, subject to
the provisions of section 8(b) of that act (73 Stat. 216).
Sec. 2. Paragraph 1 of Executive Order No. 10011 of October 22,
1948, as amended, is hereby further amended by adding the following
subsections (e) and (f) at the end thereof:
"(e) The authority vested in the President by section 7(a) of the
Defense Department Overseas Teachers Pay and Personnel Practices Act (73
Stat. 216) to prescribe regulations relating to quarters, quarters
allowance, and storage, and the authority vested in the President by
section 8(a)(1) of that act to prescribe regulations relating to
cost-of-living allowances.
"(f) The authority vested in the President by section 235(a) of title
38 of the United States Code to Prescribe rules and regulations with
respect to allowances and benefits similar to those provided by those
sections of the Foreign Service Act of 1946 designated in paragraphs
(1), (2), (3), (5), (6), and (8) of section 235 (a)."
Sec. 3. The Administrator of Veterans' Affairs is hereby authorized
to exercise the authority vested in the President by section 235(a) of
title 38 of the United States Code to prescribe rules and regulations
with respect to allowances and benefits similar to those provided by
those sections of the Foreign Service Act of 1946 designated in
paragraphs (4) and (7) of section 235(a).
Sec. 4. The rules and regulations prescribed by the Secretary of
State or the Administrator of Veterans' Affairs pursuant to section 2 or
section 3 of this order shall become effective on such dates as those
officials shall, respectively, determine, but not in any case earlier
than July 28, 1959.
THE WHITE HOUSE,
November 27, 1959.
DWIGHT D. EISENHOWER
/10/ 1959 U.S.Code Cong. & Adm.News, p. 230.
/11/ 38 U.S.C.A. 235(a).
Executive Order No. 10852, 24 F.R. 9565, December 1, 1959, AMENDMENT
OF EXECUTIVE ORDER NO. 10530
By virtue of the authority vested in me by section 301 of title 3 of
the United States Code, /9/ and as President of the United States, it is
ordered that Executive Order No. 10530 of May 10, 1954, entitled
"Providing for the Performance of Certain Functions Vested in or Subject
to the Approval of the President," be, and it is hereby, amended by
deleting from section 4(b) thereof the words "capital grants with
respect to projects assisted under Title I of the said act" and
inserting in lieu thereof the following: "grants under Title I of that
act".
THE WHITE HOUSE,
November 27, 1959.
DWIGHT D. EISENHOWER
/8/ 3 U.S.C.A. 301.
/9/ 3 U.S.C.A. 301 note.
Executive Order No. 10851, 24 F.R. 9563, December 1, 1959, ENLARGING
NATIONAL FORESTS
NATIONAL FORESTS
WHEREAS, certain lands in the States of Georgia, Louisiana,
Mississippi, and Oklahoma have been acquired by the United States under
the authority of the Emergency Relief Appropriation Act of 1935,
approved April 9, 1935 (49 Stat. 115), or Title III of the
Bankhead-Jones Farm Tenant Act, approved July 22, 1937 (50 Stat. 525),
as amended (7 U.S.C. 1010-1012), /5/ for use in connection with the
limestone Valleys, Northwest Louisiana, Claiborne Parish, Yalobusha, and
McCurtain County Land Utilization Projects; and
WHEREAS, by reason of the transfer effected by Executive Order No.
7908 of June 9, 1938, as amended by Executive Order No. 8531 of August
31, 1940, such projects are now being administered pursuant to Title III
of the Bankhead-Jones Farm Tenant Act; and
WHEREAS it appears that such lands are suitable for national-forest
purposes and that it would be in the public interest to include them in
and reserve them as parts of certain hereinafter-designated national
forests; and
WHEREAS it appears desirable to include within the exterior boundary
of such national forests certain State and privately-owned lands which
are so intermingled with the lands owned by the United States that
segregation thereof is impracticable; and
WHEREAS some of such lands owned by the United States are under lease
to Soil Conservation Districts or to individuals, and it is desirable
that such leases remain in force and effect until terminated as provided
therein:
NOW, THEREFORE, by virtue of the authority vested in me by section 24
of the act of March 3, 1891, 26 Stat. 1103, as amended (16 U.S.C. 471),
/6/ and the act of June 4, 1897, 30 Stat. 34, 36 (16 U.S.C. 473), /6/
and upon recommendation of the Secretary of Agriculture, it is ordered
as follows:
The exterior boundaries of the Chattahoochee National Forest, in
Georgia, the Kisatchie National Forest, in Louisiana, the Holly Springs
National Forest, in Mississippi, and the Ouachita National Forest, in
Oklahoma, are hereby extended to include, respectively the areas
hereinafter described under the names of such national forests; and,
subject to the aforementioned leases and other valid existing rights,
all lands of the United Staes within such areas which have been acquired
by the United States under authority of the Emergency Relief
Appropriation Act of 1935 or Title III of the Bankhead-Jones Farm Tenant
Act and which are being administered as parts of the aforementioned
land-utilization projects are hereby added to and reserved as parts of
the respective national forests:
Beginning at a point on the Tennessee-Georgia State Line, the county
line corner of Catoosa and Whitefield Counties, Georgia; thence south
and west with said county line to Tiger Creek Road; thence
southeasterly with said road to a point west of the northwest corner of
U.S. Tract No. 158' thence due east to said corner; thence south with
west boundary of Tract 158; thence east with south boundary of said
tract and continuing east to the westerly right-of-way line of the
Southern Railroad Right-of-way; thence south with said right-of-way to
a point due east of the northeast corner of U.S. Tract No. 303; thence
west to said corner and with the north boundary thereof, continuing west
to the westerly right-of-way line of Waring Road; Thence south with
said road to southeast corner near the Pleasant Grove Road; thence in a
southeasterly and northeasterly direction with said road to the west and
right bank of Coahulla Creek; thence up and with said bank of Coahulla
Creek 1 1/4 miles to a point where unnamed branch of the Creek enters
from the northeast; thence due east to a point on the right and west
bank of the Conasauga River; thence up and with the meanders of the
Conasauga River and Sugar Creek to the Tennessee State Line; thence
west with the Tennessee-Georgia State Line to the place of beginning.
The boundaries of the Chattahoochee National Forest addition
described herein are graphically shown on the diagram attached hereto
and made a part hereof. (MAP OMITTED)
T. 22 N., R. 4 W.,
Secs. 1 to 6, inclusive, secs. 9 to 14, inclusive, and sec. 24.
T. 23 N., R. 4 W.,
Secs. 20 to 22, inclusive, secs. 27 to 29, inclusive, and secs. 31 to
36 inclusive.
T. 22 N., R. 5 W.,
Secs. 6, 7, and secs. 16 to 20, inclusive.
T. 22 N., R. 6 W.,
Secs. 1 to 3, inclusive secs. 9 to 17, inclusive, secs. 20 to 24,
inclusive, and secs. 27 to 30, inclusive.
T. 23 N., R. 6 W.,
Secs. 34 to 36, inclusive.
T. 20 N., R. 8 W.,
Secs. 17 to 19, inclusive, and sec. 30.
T. 19 N., R. 9 W.,
Secs. 1 to 5, inclusive, and sec. 11.
T. 20 N., R. 9 W.,
Secs. 1 to 3, inclusive, secs. 9 to 16, inclusive, secs. 20 to 29,
inclusive, and secs. 32 to 35, inclusive.
T. 21 N., R. 9 W.,
Secs. 34 to 36, inclusive.
T. 24 N., R. 4 E.,
Secs. 1 to 3, inclusive, secs. 10 to 15, inclusive, secs. 23 to 26,
inclusive, and secs. 35 and 36.
T. 25 N., R. 4 E.,
Secs. 10 to 15, inclusive, secs. 21 to 28, inclusive, and secs. 34 to
36, inclusive.
T. 23 N., R. 5 E.,
Secs. 1 to 3, inclusive.
T. 24 N., R. 5 E.,
Secs. 1 to 27, inclusive, secs. 29 to 32, inclusive, and secs. 34 to
36,
inclusive.
T. 25 N., R. 5 E.,
Secs. 3 to 9, inclusive, secs. 16 to 21, inclusive, and secs. 28 to
35,
inclusive.
T. 12 S., R. 6 W.,
Sec. 2.
T. 8 S., R. 24 E.,
Secs. 7 to 27, inclusive, and secs. 34 to 36, inclusive.
T. 9 S., R. 24 E.,
Secs. 1 and 2.
T. 7 S., R. 26 E.,
Secs. 12 to 18, inclusive, those parts lying south of the Little
River;
Sec. 19;
Secs. 20 and 21, those parts lying south of the Little River;
Secs. 22 to 36, inclusive.
T. 8 S., R. 25 E.
T. 9 S., R. 25 E.
Secs. 1 to 17, inclusive, and secs. 20 to 24, inclusive.
T. 7 S., R. 26 E.,
Secs. 9, 10, and 12 to 20, inclusive, those parts lying south of the
Little River;
Secs. 21 to 26, inclusive.
Tps. 8 and 9 S., R. 26 E.
T. 7 S., R., 27 E.,
Secs. 7, 16, 17, 18, those parts lying south of Little River;
Sec. 19;
Secs. 20 and 21, those parts lying south of Little River;
Secs. 28 to 33, inclusive.
T. 8 S., R. 27 E.,
Secs. 4 to 9, inclusive; secs. 16 to 21, inclusive, and secs. 28 to
33,
Inclusive.
T. 9 S., R. 27 E.,
Secs. 3 to 10, inclusive, secs. 15 to 22, inclusive, and secs. 27 to
34,
inclusive.
THE WHITE HOUSE,
November 27, 1959.
DWIGHT D. EISENHOWER
/5/ 7 U.S.C.A. 1010-1012.
/6/ 16 U.S.C.A. 471.
/7/ 16 U.S.C.A. 473.
Executive Order No. 10850, 24 F.R. 9559, December 1, 1959, BOUNDARIES
OF CERTAIN NATIONAL FORESTS
WHEREAS certain areas of land chiefly in private ownership were
included within the exterior boundaries of certain national forests in
the States of Alabama, Florida, Louisiana, Mississippi, North Carolina,
Oklahoma, and South Carolina, in anticipation of acquisition of such
lands by the United States for national-forest purposes, pursuant to
section 7 of the act of March 1, 1911, 36 Stat. 962, as amended (16
U.S.C. 516); /1/
WHEREAS, because of changes in land use and for other reasons, it is
no longer desirable that such lands be acquired for national-forest
purposes, and they may properly be excluded from the exterior boundaries
of the national forests; and
WHEREAS the United States has acquired through exchange under
authority of Title III of the Bankhead-Jones Farm Tenant Act (50 Stat.
525), as amended (7 U.S.C. 1010-1012), /2/ certain lands adjacent to the
Apalachicola National Forest in Florida, and through exchange or by
purchase under authority of the act of March 1, 1911, as amended,
certain lands adjacent to the DeSoto National Forest in Mississippi and
the Kisatchie National Forest in Louisiana; and
WHEREAS the lands thus acquired are suitable for national-forest
purposes and can be most effectively administered as parts of the
aforementioned national forests; and
WHEREAS it is desirable and in the public interest that the exterior
boundaries of such national forests be extended to include those lands
and other intermingled lands of like character:
NOW, THEREFORE, by virtue of the authority vested in me by section 24
of the act of March 3, 1891, 26 Stat. 1103, as amended (16 U.S.C. 471),
/3/ and the act of June 4, 1897, 30 Stat. 34, 36, (16 U.S.C. 473), /4/
and upon the recommendation of the Secretary of Agriculture, it is
ordered as follows:
Section 1. The exterior boundaries of (1) the Appalachicola National
Forest, Florida, as described by Proclamation No. 2169 of May 13, 1936
(49 Stat. 3516), and modified by Proclamation No. 2289 of June 21, 1938
(53 Stat. 2453); (2) the William B. Bankhead National Forest, Alabama
National Forest and later the Black Warrior National Forest), as
described by Proclamation of January 15, 1918 (40 Stat. 1740), and
modified by Proclamation No. 2178 of June 19, 1936 (49 Stat. 3526); (3)
the Conecuh National Forest, Alabama, as described by Proclamation No.
2189 of July 17, 1936 (50 Stat. 1754); (4) the De Soto National Forest,
Mississippi, as described by Proclamation No. 2174 of June 17, 1936 (49
Stat. 3524); (5) the Kisatchie National Forest, Louisiana, as described
by Proclamation No. 2173 of June 3, 1936 (49 Stat. 3520); (6) the Ocala
National Forest, Florida, as described by Proclamation of November 24,
1908 (35 Stat. 2206), as modified by Proclamation of April 17, 1911 (37
Stat. 1678), Proclamation of October 17, 1927 (45 Stat. 2927), Executive
Order No. 5814 of March 1, 1932, Proclamation No. 2293 of July 16, 1938
(53 Stat. 2462), and Public Land Order No. 750 of August 29, 1951 (16
F.R. 9044); (7) the Ouachita National Forest, Arkansas and Oklahoma,
established as the Arkansas National Forest by Proclamation of December
18, 1907 (35 Stat. 2167), as modified by several proclamations,
executive orders, public land orders and the act of June 24, 1938 (52
Stat. 1038), which transferred land from the national forest to a
national forest, the name having been changed to Ouachita National
Forest by Executive Order No. 4436 of April 29, 1926; (8) the Pisgah
National Forest as described by Proclamation No. 1349 of October 17,
1916 (39 Stat. 1811), as modified by Executive Order No. 3820 of April
9, 1923, the acts of August 26, 1935 (49 Stat. 800), and July 26, 1950
(64 Stat. 377), and several proclamations, the latest being No. 2187 of
July 10, 1936 (50 Stat. 1745); (9) the Sumter National Forest, South
Carolina, as described by Proclamation No. 2188 of July 12, 1936 (50
Stat. 1750); and (10) the Talladega National Forest, Alabama, as
described by Proclamation No. 2190 of July 17, 1936 (50 Stat. 1755), as
modified by Executive Order No. 7443 of August 31, 1936, and
Proclamation No. 2285 of May 11, 1938 (52 Stat. 1548), are hereby
modified to exclude therefrom the following described lands:
FLORIDA
T. 1 S., R., 1 E.,
Secs. 28, 29, and those parts of secs. 30, 31, and 32 lying east of
U.S. Highway No. 319.
T. 2 S., R. 1 E.,
Sec. 5, that part lying east of U.S. Highway No. 319.
T. 2 S., R. 5 W.,
Secs. 31 and 32.
T. 3 S., R., 5 W.,
Secs. 5 to 10, inclusive, those parts of secs. 11 and 14 lying in
Liberty
County, and secs. 15 and 16.
FOREST, ALABAMA
T. 10 S., R. 6 W.,
Secs. 1 to 5, inclusive, secs. 8 to 17, inclusive, secs 20 to 25,
inclusive,
sec. 26 except NE1/4NE1/4, secs. 27 to 29, inclusive, sec. 32
except SE1/4NE1/4, and secs. 33 to 36, inclusive.
T. 11 S., R., 6 W.,
Sec. 1 except, SE1/4NW1/4, secs. 2 to 4, inclusive, sec. 5 except
SW1/4SE1/4, secs. 8 to 10, inclusive, sec. 11 except
NW1/4NE1/4,
secs. 12 to 17, inclusive, sec. 20, sec. 21 except SE1/4NE1/4,
sec.
22 except NE1/4NW1/4 and E1/2SW1/4, sec. 23 except SE1/4SE1/4,
sec. 24 except N1/2SE1/4, sec. 25 except N1/2NW1/4, sec. 26,
sec. 27
except SW1/4NE1/4 and NE1/4NW1/4, secs. 28 and 29, sec. 32
except
SW1/4NW1/4, and secs. 33 to 36, inclusive.
T. 12 S., R. 6 W.,
Sec. 1, sec. 2 except NE1/4SE1/4, secs. 3 to 5, inclusive, sec. 8
except SE1/4, sec. 9, sec. 10 except SE1/4SW1/4, secs. 11 and
12,
sec. 13 except SE1/4NE1/4, sec. 14, and those parts of secs.
15, 16,
17, and 20 lying within the proclaimed boundaries of the
National
Forest.
T. 9 S., R., 9 W.
Secs. 19 to 21, inclusive, and secs. 28 to 33, inclusive.
T. 10 S., R. 9 W.
T. 11 S., R. 9 W.,
Secs. 5 to 8, inclusive, secs. 17 to 19, inclusive, sec. 20 except
S1/2SW1/4, and secs. 29 to 32, inclusive.
T. 12 S., R. 9 W.,
Secs. 1 to 16, inclusive, sec. 17 except SW1/4NW1/4, and sec. 18.
T. 7 S., R., 10 W.,
Secs. 1 to 7, inclusive, Sec. 8 except SE1/4NW1/4, secs. 9 to 12,
inclusive, sec. 13 except NE1/4NW1/4, secs. 14 to 23,
inclusive,
sec. 26, sec. 27 except NE1/4NE1/4, secs. 28 to 34, inclusive,
and
sec. 35 except SE1/4NE1/4 and NE1/4SE1/4.
T. 8 S., R., 10 W.,
Sec. 2 to 11, inclusive, secs. 14 to 23, inclusive, and secs. 26 to
35, inclusive.
T. 9 S., R., 10 W.,
Secs. 2 to 11, inclusive, and secs. 14 to 36, inclusive.
T. 10 S., R. 10 W.,
Secs. 1 60 5, inclusive, sec 6 except SW1/4SE1/4, and secs. 7 to 3
inclusive.
T. 11 S., R. 10 W.,
Sec. 1, sec. 2 except SE1/4SE1/4, secs. 3 to 18, inclusive, sec. 19
except SW1/4NE1/4, and secs. 20 to 36, inclusive.
T. 12 S., R. 10 W.,
Secs. 1 to 18, inclusive.
ALABAMA
T. 1 N., R. 11 E.,
Secs. 1, 2:
Secs. 3 to 8, inclusive, those parts within the proclaimed national
forest boundary;
Secs. 9 to 36, inclusive.
T. 2 N. , R., 11 E.,
Secs. 33, 34, 35, and 36, those parts within the proclaimed national
forest boundary.
T. 1 N., R. 12 E.,
Secs. 1 to 11, inclusive, secs. 16 to 21, inclusive, and secs. 28 to
33
inclusive.
T. 2 N., R. 12 E.,
Secs. 13, 14, 15, 16, 20, 21, 22, 29, 30, and 31, those parts within
the proclaimed national forest boundary, and secs. 23 to 28,
inclusive,
secs. 32 to 36, inclusive.
T. 1 N., R. 15 E.,
Secs. 12, 13, 14, 22, 23, 27 and 34, those parts lying east of the
Yellow
River, except any national forest land lying within said parts
of
said sections, and secs. 24, 25, 26, 35 and 36.
T. 1 N., R. 16 E.,
Secs. 1 to 4, inclusive, those parts of secs. 5, 6, 7 lying south and
east of the Yellow River, except any national forest lands
lying within
said parts of said sections, and secs. 8 to 36, inclusive.
T. 2 N., R. 16 E.,
Secs. 13, 14, 23, 26, 27, 31, 32, 33 and 34, those parts lying south
and east of the Yellow River, except any national forest lands lying
within
said parts of said sections, and secs. 24, 25, 35, and 36.
T. 1 N., R. 17 E.,
Secs. 1 to 24, inclusive, and secs. 29 to 32, inclusive.
T. 2 N., R. 17 E.,
Secs. 1, 2, 3, those parts of secs. 5, 7, 8 and 18 lying east of the
Yellow River, except any national forest lands lying within
said
parts of said sections, and secs. 10 to 17, inclusive, secs. 19
to 36, inclusive.
T. 3 N., R. 17 E.,
Sec. 24, E1/2; secs. 25, 35 and 36.
T. 1 N., R. 18 E.
T. 2 N., R. 18 E.,
Secs. 4 to 9, inclusive, secs 16 to 21, inclusive, and secs. 28 to
33,
inclusive.
T. 3 N., R. 18 E.,
Secs. 19 to 21, inclusive, and secs. 28 to 33, inclusive.
T. 6 N., R. 20 W.,
Secs. 19 to 23, inclusive, and those parts of secs. 26 to 30,
inclusive,
lying in Alabama.
T. 6 N., R. 21 W.,
Secs. 19 and 20, and those parts of secs. 29 and 30 lying in Alabama.
T. 6 N., R. 22 W.,
Secs. 19 to 24, inclusive, and those parts of secs. 25 to 30,
inclusive
lying in Alabama.
T. 6 N., R. 23 W.,
Sec. 21, that part lying east of the Yellow River, secs. 22 to 24,
inclusive, those parts of secs. 25 to 27, inclusive, lying in
Alabama,
and that part of sec. 28 lying in Alabama and east of the
Yellow
River.
T. 6 N., R. 26 W.,
Secs. 29 and 30, those parts lying in Alabama.
T. 6 N., R. 27 W.,
Secs. 25 to 30, inclusive, those parts lying in Alabama.
T. 6 N., R. 28 W.,
Sec. 25, that part lying in Alabama.
MISSISSIPPI
T. 1 N., R. 14 W.
T. 1 N., R. 15 W.
T. 2 N., R. 15 W.,
Secs. 2 to 11, inclusive, secs. 14 to 23, inclusive, and secs. 26 to
35,
inclusive.
Tps. 1, 2 and 3 N., R. 16 W.
T. 1 N., R. 17 W.,
Secs. 1 to 18, inclusive, sec. 19 east of the Pearl River, secs. 20
to 29, inclusive, sec. 32, sec. 33 except N1/2 of Lot 3, and
secs.
34 to 36, inclusive.
Tps. 2 and 3, N., R. 17 W. T. 2 S., R. 9 W.,
Secs. 1 to 3, inclusive, secs. 10 to 15, inclusive, secs. 22 to 27,
inclusive and secs. 34 to 36, inclusive.
T. 3 S., R. 9 W.,
Sec. 1, except SW1/4NW1/4, secs. 2, 3, secs. 10 to 15 inclusive,
secs.
22 to 27, inclusive, and secs. 34 to 36, inclusive.
T. 6 S., R. 9 W.,
Secs. 19 to 21, inclusive and secs. 25 to 36, inclusive.
T. 3 S., R. to W.,
Secs. 3 to 10, inclusive, and secs. 15 to 36, inclusive.
T. 4 S., R. 10 W.,
Secs. 1 to 18, inclusive.
T. 6 S., R. 10 W.,
Secs. 18 to 23, inclusive, sec. 24 except SE1/4SW1/4, and secs. 25
to 36, inclusive.
T. 3 S., R. 11 W.,
Secs. 13, 14, 23, 24, 25, 26, 30, 31, 35 and 36.
T. 4 S., R. 11 W.,
Secs. 1 to 16, inclusive.
T. 6 S., R. 11 W.,
Secs. 6, 7, 13, 14, 15, 23, 24, and NE1/4 sec. 25.
T. 3 S., R. 12 W.,
Secs. 19 to 36, inclusive.
T. 4 S., R. 12 W.,
Secs. 1 to 12, inclusive.
T. 5 S., R. 12 W.,
Secs. 1 to 20, inclusive, sec. 21 except SW1/4NW1/4, secs. 22 to 30,
inclusive, sec. 31 except N1/2SW1/4, NW1/4SE1/4, sec. 32 except
S1/2NE1/4, SE1/4, NE1/4SE1/4, and secs. 33 to 36, inclusive.
T. 6 S., R. 12 W.,
Secs. 1 to 12, inclusive.
T. 3 S., R. 13 W.,
Secs. 21 to 28, inclusive, and secs. 35 and 36.
T. 5 S., R. 13 W.,
Secs. 1 to 32, inclusive, sec 33 except W1/2NW1/4, and secs. 34 to 36
inclusive.
T. 6 S., R. 13 W.,
Secs. 1 to 12, inclusive.
T. 1 S., R. 14 W.,
Secs. 6, 7, 18, 19, 30 and 31.
T. 1 S., R. 15 W.
T. 1 S., R., 16 W.,
Secs. 1 to 18,inclusive.
LOUISIANA
T. 9 N., R. 3 W.,
Sec. 3 except E1/2E1/2, secs. 4 to 6, inclusive, sec. 7 except NW1/
NE1/4, secs. 8 and 9, sec.
10 except E1/2E1/2, W1/2SE1/4NW1/4,
sec. 15 except E1/2E1/2, secs. 16 to 20, inclusive, sec. 21
except
NE1/4, and secs. 28 to 33, inclusive.
T. 10 N., R. 3 W.,
Secs. 5 to 8, inclusive, sec. 9 except NE1/4NE1/4, sec. 10 except
NW1/4NW1/4, secs. 11 to 21, inclusive, sec. 22 except
E1/2SE1/4,
sec. 23, sec. 24 except NW1/4SQ1/4, S1/2SE1/4, secs. 27 to 33,
inclusive, and sec. 34 except E1/2NW1/4.
T. 11 N., R. 3 W.,
Sec. 29 except W1/2W1/2, and sec. 32 except W1/2NW1/4, NW1/4SW1/4.
T. 9 N., R. 4 W.,
Secs. 1 to 13, inclusive, sec. 14 except SW1/4SE1/4, sec. 15, sec. 16
except NW1/4SE1/4, secs. 17 to 36, inclusive.
T. 10 N., R. 4 W.,
Secs. 12 to 16, inclusive, NW1/4SE1/4, S1/2SE1/4 sec. 21, secs. 22
to 26, inclusive, sec. 27 except NE1/4SW1/4, sec. 28 except
NW1/4,
NE1/4SW1/4, secs. 29, 31, 32, sec. 33 except E1/2NE1/4SE1/4,
SW1/4NE1/4SE1/4, and secs. 34 to 36, inclusive.
T. 15 S., R. 23 E.,
Sec. 14, that part lying south of the Sharps Ferry-Moss Bluff Road;
Sec. 15, that part of the SE1/4 lying east of the Oklawaha River
and south of the Sharps Ferry-Moss Bluff Road;
Sec. 22, that part lying east of the Oklawaha River;
Sec. 23, that part lying east of the Oklawaha River and west of the
Sharps Ferry-Moss Bluff Road;
Sec. 24, that part lying west of the Sharps Ferry-Moss Bluff Road;
Sec. 25, that part lying west of the Sharps Ferry-Moss Bluff Road
and north of the Oklawaha River;
Secs. 26 and 36, those parts lying north and east of the Oklawaha
River.
T. 15 S., R. 24 E.,
Sec. 30, that part lying west of the Sharps Ferry-Moss Bluff Road;
Sec. 31, that pary lying east of the Oklawaha River and west of the
Sharps Ferry-Moss Bluff Road;
Sec. 32, that part of the W1/2 lying west of the Sharps Ferry-Moss
Bluff Road.
T. 16 S., R. 24 E.,
Sec. 5, W1/2, and that part of the SE1/4 lying west of the Muck
Farms Canal;
Secs. 6 and 7, those parts lying east of the Oklawaha River;
Sec. 8, that party lying east of the Oklawaha River and west of the
Muck Farms Canal;
Sec. 16, that part lying north of the Oklawaha River and west of the
Muck Farms Canal;
Sec. 17, that part lying northeast of the Oklawaha River;
Sec. 21, that part lying east of the Oklawaha River;
Secs. 22 and 23, those parts lying north of the Oklawaha River;
Sec. 24;
Sec. 25 and 26, those parts lying north and east of the Oklawaha
River;
Sec. 36, that part lying east of the Oklawaha River.
T. 17 S., R. 24 E.,
Sec. 1, that part of the NE1/4NE1/4 lying north of Oklawaha
T. 16 S., R. 25 E.,
Sec. 19, that part of the SW1/4 lying west of Forest Service Ro d
No. 8;
Secs. 30 and 31, those parts lying west of Forest Service Road ;
T. 17 S., R. 25 E.,
Sec. 5, that part lying west of Forest Service Road No. 8.
Sec. 6, that part lying west of Forest Service Road No. 8, and east
of the Oklawaha River;
Sec. 7, that part lying east of the Oklawaha River;
Sec. 8, that part lying west of Forest Service Road No. 8.
Sec. 16, that part lying south and west of Forest Service Road No. 8;
Sec. 17, that part lying south of Forest Service Road No. 8 and
east of the Oklawaha River;
Sec. 18, that part lying east of the Oklawaha River;
Sec. 20, that part lying east of the Oklawaha River and
Florida Highway No. 42;
Sec. 21, that part lying north of Florida Highway No. 2
T. 17 S., R. 27 E.,
Sec. 19 except NW1/4NE1/4NE1/4 and W1/2NE1/4NE1/4NE1/.
Sec. 20 except Lot 1 and NW1/4NW1/4;
Sec. 28 except Lots 1, 2, and 5, SW1/4SE1/.
Sec. 29, Lot 1, the W 11.81 chains of NW1/4NW1/4,
SW1/4NW1/4, W1/2SW1/4, SE1/4SW1/4, S1/2SW1/4SE1/4, SE1/4SE1/4;
Sec. 30 except N1/2NW1/4 and E1/2E1/2SE1/4NE1/.-- ,
Secs. 31 and 32, those parts lying north of Florida Highway No.
42;
Sec. 33, NW1/4NE1/4, S1/2N1/2, W1/2SW1/4, SE1/4SW1/4, SE1/4SE1/4;
Sec. 34, SW1/4, and those parts of W1/2SE1/4 and SE1/4SE1/4
lying north of Florida Highway No. 42.
OKLAHOMA
T. 4 N., R. 21 E.,
S1/2SW1/4, SE1/4 Sec. 12, secs. 13, 24, 25, and N1/2N1/2 sec. 36.
T. 3 N., R. 22 E.,
S1/2S1/2 sec. 1, S1/2S1/2 sec. 2, and E1/2 sec. 3.
T. 4 N., R. 22 E.,
Secs. 1 to 4, inclusive, E1/2E1/2 sec. 5, secs. 7 to 23, inclusive,
secs. 26 to 34, inclusive, and W1/2 sec. 35.
T. 5 N., R. 22 E.,
E1/2, SW1/4 sec. 22, secs. 23 to 27, inclusive, E1/2 sec. 28, E1/2
sec. 33, and secs. 34 to 36, inclusive.
T. 5 N., R. 23 E.,
S1/2 sec. 19, and W1/2 sec. 30.
T. 2 N., R. 24 E.,
E1/2, E1/2NW1/4, NW1/4NW1/4, NE1/4SW1/4, sec. 1, and NE1/4 sec. 12.
T. 5 N., R. 24 E.,
E1/2 sec. 31, W1/2, SE1/4 sec. 32, and SW 1/4 sec. 34.
T. 4 N., R. 25 E.,
S1/2SE1/4 sec. 11, SE1/4 sec. 13, NE1/4 sec. 14, and NE1/4, N1/2SE1/4
sec. 24.
T. 3 N., R. 26 E.,
E1/2 sec. 1, and NE1/4 sec. 12.
T. 4 N., R. 26 E.,
SE1/4 sec. 7, N1/2 secs. 11, 12, and 18, N1/2N1/2 sec. 26, N1/2 sec
27, and NE1/4 S1/2NW1/4 sec. 28.
T. 4 N., R. 27 E.,
Secs. 3, 4, S1/2 sec. 5, and N1/2 sec. 7.
All that part of the Pisgah National Forest described in Division 1
of Proclamation No. 2187, dated July 10, 1936 (50 Stat. 1745), lying
west of the following described line:
Beginning at Pigeon Gap, at a point where North Carolina State
Highway No. 294 passes through the Lickstone Ridge-Radcliff Mountain
Range; thence southerly and westerly with the meanders of the top of
Lickstone Ridge and 4.4 miles to Richland Balsam Mountain on the
Jackson-Haywood County line, the present proclaimed boundary.
All that part described in Division 2 of said proclamation lying
south and east of the following described line:
Beginning at a point in the present proclaimed boundary on the French
Broad River at Barnard; thence with the Big Pine Creek Road about 2
miles to the Rector Branch crossing; thence westerly up and with the
meanders of Rector Branch to the top of Spring Creek Mountain; thence
southerly with the lead divide of Spring Creek Mountain about 5 miles to
Duckett Top Mountain; thence westerly about 1 mile to Ellison Gap,
thence southwesterly down and with the meanders of the Bee Branch to
North Carolina State Highway No. 63 about 1.4 miles; thence westerly
with said North Carolina State Highway No. 63 about .5 mile to its
intersection with North Carolina State Highway No. 209 at Trust; thence
with the meanders of North Carolina State Highway No. 209, via the
hamlet of Luck, Lusk Chapel and the hamlet of Cove, about 14 miles to
Crabtree, at the present proclaimed boundary.
CARO ;
All that part of the Oconee Division of the Sumter National Forest
described in Proclamation No. 2188 of July 13, 1936 (50 Stat. 1750),
which lies east of the Keowee River, being all that part of the said
national forest lying in Pickens County, South Carolina.
ALABAMA (TALLADEGA DIVISION)
T. 13 S., R. 11 E.,
Secs. 1 and 2, sec. 11 except NE1/4NW1/4, secs. 12 to 14, inclusive,
secs. 22 and 23, sec. 24 except SW1/4SE1/4, sec. 25, sec. 26
except
that part of the NE1/4NE1/4 lying north of the Old Creek and
Cherokee boundary line, secs. 27, 34, sec. 35 except E1/2SW1/4
and
SW1/4SW1/4, and sec. 36.
T. 14 S., R. 11 E.,
Sec. 1 except SE1/4NW1/4, E1/2SW1/4, NW1/4SE1/4, secs. 2, 3, 10,
sec. 11 except NW1/4NE1/4, secs. 12 ro 15, inclusive, sec. 22
except
SW1/4SE1/4, and secs. 23 and 24.
T. 13 S., R. 12 E.,
Secs. 5 to 8, inclusive, secs. 17 and 19, sec. 19 except S1/2SW1/4,
NE1/4SE1/4, secs. 20, 29, sec. 30 except W1/2NE1/4, N1/2NW1/4,
secs. 31 and 32, and fractional sec. 4, fractional sec. 9
except
fractional N1/2NW1/4, and fractional secs. 16, 21, sec. 28
except
NW1/4 SE1/4, and sec. 33.
T. 14 S., R. 12 E.,
Secs. 4 to 9, inclusive, secs. 16 to 21, inclusive, fractional secs.
3,
10, 15, and fractional section 22 except E1/2SW1/4.
T. 19 N., R. 9 E.,
Secs. 1 to 3, inclusive, secs. 10 to 15, inclusive, secs. 22 to 27,
inclusive, and secs. 34 to 36, inclusive.
T. 20 N., R. 9 E.,
Sec. 22, sec. 23 except N1/2NE1/4NE1/4 and NW1/4NE1/4, secs. 24
to 27, inclusive, and secs. 34 to 36, inclusive.
T. 19 N., R. 10 E.,
Secs. 6, 7, 18, 19, 30 and 31. T. 20 N., R. 10 E.,
Secs. 19, 30, and 31. T. 23 N., R. 10 E.,
Secs. 1 to 3, inclusive, secs. 10 to 15, inclusive, secs. 22 to 27,
inclusive, and secs. 34 to 36, inclusive. T. 22 N., R. 11 E.,
Secs. 1 to 4, inclusive, secs. 9 to 16, inclusive, secs. 21 to 27,
inclusive, sec. 28 except SE1/4NW1/4, secs. 33 to 35,
inclusive, and
sec. 36 except NE1/4SE1/4 and S1/2NW1/4SE1/4.
T. 23 N., R. 11 E. T. 21 N., R. 12 E.,
Secs. 5 to 8, inclusive, secs. 17 to 19, inclusive, N1/2, SW1/4 sec.
20, W1/2 sec. 29, secs. 30 and 31, and W1/2 sec. 32.
T. 22 N., R. 12 E.,
Secs. 5 to 8, inclusive, secs. 17 to 20, inclusive, secs. 29 and 30,
Sec. 31 except SW1/4NW1/4 and W1/2SW1/4, and sec. 32.
T. 23 N., R. 12 E.,
Secs. 5 to 8, inclusive, secs. 17 to 20, inclusive, and secs. 29 to
32,
inclusive.
Sec. 2. The exterior boundaries of the Apalachicola National Forest,
the De Soto National Forest, and the Kisatchie National Forest, as
described by the aforementioned proclamations, are hereby extended to
include the lands hereinafter described, and all of such lands that have
been acquired by the United States under authority of Title III of the
Bankhead-Jones Farm Tenant Act, as amended, or the act of March 1, 1911,
as amended, are hereby added to and reserved as parts of the designated
national forests; and all of such lands within the described areas that
are hereafter acquired by the United States under the act of March 1,
1911, as amended, or any other law authorizing the acquisition of lands
for national-forest purposes, shall likewise be added to and reserved as
parts of the respective national forests immediately upon acquisition of
title thereto by the United States:
Those lands situated in Liberty County, Florida, in secs. 20 and 29,
T. 5 S., R. 8 W., and secs. 11, 12, 13, and 14, T. 5 S., R. 9 W.,
designated as Forest Service Tracts Nos. 91 and 91a, said tracts being
those acquired from St. Joe Paper Company by deed dated June 24, 1950.
T. 6 N., R. 10 W.,
Sec. 33, S.E. 1/4. T. 7 N., R. 11 W.,
Sec. 12, E1/2, SE1/4NW1/4,E1/2SW1/4;
Sec. 24, E1/2.
T. 8 N., R. 1 E.,
Secs. 6 and y, those parts lying west of State of Louisiana Highway
No. 123.
T. 1 N., R. 1 W.,
Sec. 6, that part lying west of U.S. Highway No. 165. T. 2 N., R. 1
W.,
Sec. 19, 20, 29, 30 and 31, those parts lying west of U.S. Highway
No. 165.
T. 1 N., R. 2 W.,
Secs. 2 to 11, inclusive, secs. 14 to 23, inclusive, secs 27, to 33,
inclusive, and those parts of secs. 1, 12, 13, 24, 25, 26, 34
and 35 lying
west of U.S. Highway No. 165.
T. 2 N., R. 2.,
SE1/4 sec. 22, S1/2 sec. 23, S1/2 sec. 24, secs. 25 to 27, inclusive
NE1/4, S1/2, sec. 28, S1/2 sec. 29, S1/2 sec. 30, and secs. 31
to
36, inclusive.
T. 2 N., R. 3 W.,
Secs. 5 to 8, inclusive, SW1/4SW1/4, sec. 15, W1/2NW1/4, SW1/4,
S1/2SE1/4, sec. 16, secs. 17 to 21, inclusive, W1/2NE1/4,
SE1/4NW1/4,
SW1/4, W1/2SE1/4 sec. 22, S1/2 sec. 25, S1/2 sec. 26,
S1/2NE1/4,
NE1/4, S1/2 sec. 27, sec. 28, and secs. 33 to 36, inclusive.
T. 2 N., R. 4 W.,
Secs. 1 to 24, inclusive. T. 3 N., R. 4 W., T. 4 N., R. 4 W.,
Secs. 13 to 36, inclusive. T. 5 N., R. 5 W.,
Secs. 6 and 7, W1/2 sec. 17, secs. 18 and 19, W1/2 sec. 20, sec. 30,
and N1/2 sec. 31.
T. 4 N., R. 6 W.,
Secs. 2 and 3, and that part of sec. 4 lying east of Devil Creek. T.
5 N., R. 6 W.,
Secs. 1, 2, 3, 8, to 17, inclusive, secs. 20 to 28, inclusive, E1/2
sec.
ee, secs. 34 and 35, N1/2 sec. 36 and secs. 38 to 41,
inclusive.
T. 1 S., R. 2 W.,
Secs. 5 to 8, inclusive, and those parts of secs. 3, 4 and 9 lying
west
of U.S. Highway No. 165.
T. 1 S., R. 3 W.,
Secs. 1 to 4, inclusive, and secs. 9 to 12, inclusive.
The reservations made by this order shall not affect any claim,
filing, or entry heretofore made and hereafter legally maintained, or
any prior withdrawal of land for other public purposes, so long as such
withdrawal remains in effect.
The White House,
November 27, 1959.
DWIGHT D. EISENHOWER
/1/ 16 U.S.C.A. 516.
/2/ 7 U.S.C.A. 1010-1012.
/3/ 16 U.S.C.A. 471.
/4/ 16 U.S.C.A. 473.