Occupation within Germany pursuant to the quadripartite agreement of the Control Council for Germany, enacted December 20, 1945, as Control Council Law No. 10, and pursuant to Articles 10 and 11 of the Charter of the International Military Tribunal, which Tribunal was established by the Government of the United States of America, the Provisional Government of the French Republic, the Government of the United Kingdom of Great Britain and Northern Ireland, and the Government of the Union of Soviet Socialist Republics, for the trial and punishment of major war criminals of the European Axis. Such members and alternate member may, at the direction of the Military Governor of the United States Zone of Occupation, serve on any of the several military tribunals above mentioned.

2. The functions of these Tribunals being essentially military, Captain Musmanno will, during the tenure of this assignment, be subject to War Department orders, through the Commanding General of the European Theater, and will retain his status as an officer on the active list of the United States Naval Reserve.

3. The members and the alternate member herein designated shall receive such compensation and allowances for expenses as may be determined by the Secretary of War and as may be payable from appropriations or funds available to the War Department for such purposes, except that Captain Musmanno shall receive such compensation and allowances for expenses to which he may be entitled by reason of his military rank and service and as may be payable from appropriations or funds available to the Navy Department for such purposes.

4. The Secretary of State, the Secretary of War, the Attorney General, and the Secretary of the Navy are authorized to provide appropriate assistance to the members and the alternate member herein designated in the performance of their duties and may assign or detail such personnel under their respective Jurisdictions, including members of the armed forces, as may be requested for the purpose. Personnel so assigned or detailed shall receive such compensation and allowances for expenses as may be determined by the Secretary of War and as may be payable from appropriations or funds available to the War Department for such purposes, except that per

sonnel assigned or detailed from the Navy Department shall receive such compensation and allowances for expenses to which they may be entitled by reason of their military rank and service and as may be payable from appropriations or funds available to the Navy Department for such purposes.

HARRY S. TRUMAN

THE WHITE HOUSE,

January 10, 1947.

EXECUTIVE ORDER 9820

SEGREGATION OF THE FUNCTIONS OF THE HOUSING EXPEDITER FROM THE FUNCTIONS OF THE NATIONAL HOUSING ADMINISTRATOR 1

WHEREAS an existing official of the Government, namely, the National Housing Administrator, was appointed initially to serve as Housing Expediter within the National Housing Agency; and

WHEREAS the powers, functions, and duties of the Housing Expediter under the Veterans' Emergency Housing Act of 1946 (approved May 22, 1946) were merged with the powers, functions, and duties vested in the National Housing Administrator by Executive Order No. 9070 of February 24, 1942,2 the Lanham Act of October 14, 1940, and other statutes, and have been exercised and performed through the Office of the Administrator, National Housing Agency; and

WHEREAS the Housing Expediter was recently appointed as an independent officer of the Government, and it is necessary that his powers, functions, and duties be segregated so that they may be properly exercised and performed by him:

NOW, THEREFORE, by virtue of and pursuant to the authority vested in me by the said Veterans' Emergency Housing Act of 1946, and as President of the United States, it is hereby ordered, in the interest of the internal management of the Government, as follows:

1. All of the powers, functions, and duties of the Housing Expediter under the Veterans' Emergency Housing Act of 1946 which were merged with the

1 Noted in Title 24, Chapters VII and VIII, infra.

23 CFR Cum. Supp.

powers, functions, and duties of the National Housing Administrator and exercised and performed through the Office of the Administrator, National Housing Agency, are hereby segregated and shall be exercised and performed by the Housing Expediter as an independent officer of the Government.

2. All personnel (as determined by joint certification by the Housing Expediter and the National Housing Administrator) appointed or transferred to positions which were required for the exercise and performance of the powers, functions, and duties of the Housing Expediter, as segregated by paragraph 1 of this order, are hereby transferred to the Office of the Housing Expediter for the exercise and performance of such powers, functions, and duties by the Housing Expediter as an independent officer of the Government: Provided, That with respect to the heads of offices and branches and special assistants in positions allocated to grade P-8 or grade CAF-15 who are engaged in the administration of functions of both the Housing Expediter and the National Housing Administrator, the transfer of any such personnel to the Office of the Housing Expediter or their retention in the Office of the National Housing Administrator shall be determined by joint certification by such Expediter and such Administrator. The joint certifications required by this section shall be made within 30 days from the date of this order.

3. All assets, contracts, and property, including office equipment and records, used or held in the administration, exercise, or performance of the powers, functions, and duties of the Housing Expediter, as segregated by paragraph 1 of this order, are hereby transferred to the Office of the Housing Expediter.

4. So much of the unexpended balances of appropriations, authorizations, allocations, or other funds available to the Office of the Administrator, National Housing Agency, for use in connection with the administration, exercise, or performance of the powers, functions, and duties of the Housing Expediter (as segregated by section 1 of this order) as the Director of the Bureau of the Budget shall determine shall be transferred to the Office of the Housing Expediter for use in connection with the said powers, functions, and duties. In determining the amount of funds to be transferred, the Director of the Bureau of the Budget

may include an amount to provide for the liquidation of obligations incurred against such appropriations, authorizations, allocations, or other funds prior to transfer.

5. All unexpended balances of appropriations, authorizations, allocations, or other funds transferred under this order shall be used only for the respective purposes and in the administration of the respective functions for which such funds were made available.

6. Such further measures and dispositions as may be determined by the Director of the Bureau of the Budget to be necessary to effectuate the purposes and provisions of this order shall be carried out in such manner as the Director of the Bureau of the Budget may direct and by such agencies as he may designate.

THE WHITE HOUSE,

HARRY S. TRUMAN

January 11, 1947.

EXECUTIVE ORDER 9821

AMENDING EXECUTIVE ORDER NO. 9070 OF FEBRUARY 24, 1942, CONSOLIDATING THE HOUSING AGENCIES AND FUNCTIONS OF THE GOVERNMENT INTO THE NATIONAL HOUSING AGENCY

By virtue of the authority vested in me as President of the United States, and in the interest of the internal management of the Government, it is hereby ordered as follows:

1. Executive Order No. 9070 of February 24, 1942,1 consolidating the housing agencies and functions of the Government into the National Housing Agency, is hereby amended by deleting from the first sentence of paragraph 2 the comma and the words “and shall receive a salary of $12,000 a year unless the Congress shall otherwise provide," so that the sentence shall read "The National Housing Administrator shall be appointed by the President, by and with the advice and consent of the Senate."

2. This order shall be effective as of December 15, 1946.

HARRY S. TRUMAN

THE WHITE HOUSE,

January 11, 1947.

13 CFR Cum. Supp.

the act of March 7, 1942, 56 Stat. 147, and in the interest of the internal management of the Government, section 1 of Executive Order No. 9154 of May 1, 1942, is hereby amended by the addition thereto of a new paragraph (k) reading as follows:

(k) Consular agents appointed under authority of section 551 of the Foreign Service Act of 1946, approved August 13, 1946 (Public Law 724, 79th Congress).

This order shall be effective as of November 13, 1946.

THE WHITE HOUSE,

HARRY S. TRUMAN

January 28, 1947.

EXECUTIVE ORDER 9825

AMENDING EXECUTIVE ORDER No. 9386 OF OCTOBER 15, 1943,1 PRESCRIBING REGULATIONS GOVERNING THE GRANTING OF ALLOWANCES FOR QUARTERS AND SUBSISTENCE TO ENLISTED MEN

By virtue of and pursuant to the authority vested in me by section 10 of the act of June 16, 1942 (56 Stat. 363), as amended (37 U. S. C. Sup. 110), and in the interest of the internal management of the Government, it is hereby ordered as follows:

Section II of Executive Order No. 9386, dated October 15, 1943, prescribing allowances for quarters and subsistence to enlisted men not furnished quarters or rations in kind, is hereby amended, effective as of February 15, 1947, to read as follows:

SECTION II

Men traveling on duty including detentions not exceeding thirty-one days at any one place, when not furnished sleeping car, stateroom accommodations, or other quarters, and rations in kind, shall be granted a daily allowance of $5.00: Provided, that when quarters in kind are furnished, they shall be entitled only to an allowance for subsistence at the rate of $1.00 per meal, and when subsistence is furnished they shall be entitled only to an allowance for quarters at the rate of $2.00 per day; except that, where travel is performed by rail or water, the allowance for subsistence shall be $1.25 for each meal required to

13 CFR 1943 Supp.

be taken in a dining car on a train or in a dining room on a steamer, and if quarters are not provided for the day of such travel, the allowance for quarters shall be $1.75 when an allowance for subsistence is so furnished for one meal, $1.50 when an allowance for subsistence is so furnished for two meals, or $1.25 when an allowance for subsistence is so furnished for three meals. For the purposes of this section, quarters in kind will be considered as furnished for the day of arrival at a permanent station.

Men absent under orders from their station upon duty which involves travel and also temporary detentions during the journey shall be deemed to be traveling under orders during the entire period of such absence including the day of departure therefrom and return thereto. For periods of detention in excess of thirty-one days at any one place, the allowances prescribed in Section I shall govern after the thirty-first day.

THE WHITE HOUSE,

HARRY S. TRUMAN

January 30, 1947.

EXECUTIVE ORDER 9826

[Designating the Honorable A. Cecil Snyder as Acting Judge of the District Court of the United States for Puerto Rico; Jan. 31, 1947; not published]

EXECUTIVE ORDER 9827

APPOINTMENT OF THE MEMBERS AND THE ALTERNATE MEMBER OF A MILITARY TRIBUNAL ESTABLISHED FOR THE TRIAL AND PUNISHMENT OF MAJOR WAR CRIMINALS IN GERMANY

By virtue of the authority vested in me by the Constitution and the statutes, and as President of the United States and Commander in Chief of the Army and Navy of the United States, it is ordered as follows:

1. I hereby designate Carrington Tanner Marshall, formerly Chief Justice of the Supreme Court of the State of Ohio, James Tenney Brand, Associate Justice of the Supreme Court of the State of Oregon, and Mallory B. Blair, formerly Associate Justice, Court of Civil Appeals, State of Texas, as the members, and Justin Woodward Harding, Esq., of the Bar of the State of Ohio, as the alternate member, of one of the

several military tribunals established by the Military Governor for the United States Zone of Occupation within Germany pursuant to the quadripartite agreement of the Control Council for Germany, enacted December 20, 1945, as Control Council Law No. 10, and pursuant to Articles 10 and 11 of the Charter of the International Military Tribunal, which tribunal was established by the Government of the United States of America, the Provisional Government of the French Republic, the Government of the United Kingdom of Great Britain and Northern Ireland, and the Government of the Union of Soviet Socialist Republics, for the trial and punishment of major war criminals of the European Axis. Such members and alternate member may, at the direction of the Military Governor of the United States Zone of Occupation, serve on any of the several military tribunals above mentioned.

2. The members and the alternate member herein designated shall receive such compensation and allowances for expenses as may be determined by the Secretary of War and as may be payable from appropriations or funds available to the War Department for such purposes.

3. The Secretary of State, the Secretary of War, the Attorney General, and the Secretary of the Navy are authorized to provide appropriate assistance to the members and the alternate member herein designated in the performance of their duties and may assign or detail such personnel under their respective jurisdictions, including members of the armed forces, as may be requested for the purpose. Personnel so assigned or detailed shall receive such compensation and allowances for expenses as may be determined by the Secretary of War and as may be payable from appropriations or funds available to the War Department for such purposes, except that personnel assigned or detailed from the Navy Department shall receive such compensation and allowances for expenses to which they may be entitled by reason of their military rank and service and as may be payable from appropriations or funds available to the Navy Department for such purposes.

THE WHITE HOUSE,

HARRY S. TRUMAN

February 21, 1947.

EXECUTIVE ORDER 9828 TRANSFERRING THE SURPLUS PROPERTY OFFICE OF THE DEPARTMENT OF THE INTERIOR TO THE WAR ASSETS ADMINISTRATION

WHEREAS the War Assets Administrator, pursuant to the provisions of the Surplus Property Act of 1944, as amended, has by Regulation No. 1,1 as revised, effective February 23, 1947, designated the War Assets Administration as the disposal agency for all personal property located in the territories and possessions of the United States for which the Department of the Interior has heretofore been the disposal agency:

NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and the statutes of the United States, including Title I of the First War Powers Act, 1941 (55 Stat. 838), and as President of the United States, it is hereby ordered, in the interest of the internal management of the Government, as follows:

1. The Surplus Property Office of the Department of the Interior is hereby transferred to the War Assets Administration.

2. All records and funds (including all unexpended balances of appropriations, allocations, and other available funds) of the Surplus Property Office of the Department of the Interior which are used primarily in the administration of the functions, powers, and duties of the Department of the Interior as a disposal agency under the Surplus Property Act, all property (including office equipment) purchased with such funds, all contracts and other valid obligations of such office relating primarily to the administration of such functions, powers, and duties, and all personnel of such office engaged primarily in the administration of such functions, powers, and duties, as the Secretary of the Interior and the War Assets Administrator shall jointly determine, shall be transferred to the War Assets Administration for use in connection with the exercise and performance of such functions, powers, and duties. Such measures and dispositions as may be determined by the Director of the Bureau of the Budget to be necessary to effectuate the purposes and provisions of this paragraph shall be carried out in such manner as the Director of the Bu

1 Part 8301 of Title 32, infra.