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(d) The liquidation of the functions of the Office of Temporary Controls and of the agencies thereof, except liquidation relating to functions specifically transferred to other agencies (by the provisions of this order or otherwise).

303. The Office of Temporary Controls is terminated.

PART IV

401. The provisions of this Part shall become effective, respectively, on the dates on which functions are transferred or otherwise vested by the provisions of this order.

402. Functions under the Emergency Price Control Act of 1942, as amended, transferred under the provisions of this order shall be deemed to include authority on the part of each officer to whom such functions are transferred hereunder to institute, maintain, or defend in his own name civil proceedings in any court (including the Emergency Court of Appeals), relating to the matters transferred to him, including any such proceedings pending on the effective date of the transfer of any such function under this order. The provisions of this paragraph shall be subject to the provisions of the Executive order entitled "Conduct of Certain Litigation Arising under Wartime Legislation," issued on the date of this order and effective June 1, 1947.

403. (a) The records, property, and personnel relating primarily to the respective functions transferred under the provisions of this order shall be transferred, and the funds relating primarily to such respective functions shall be transferred or otherwise made available, to the agencies to which such functions are transferred. 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 may determine and by such agencies as he may designate.

(b) In order that the confidential status of any records affected by this order shall be fully protected and maintained, the use of any confidential records transferred hereunder shall be so restricted by the respective agencies as to prevent the disclosure of information concerning individual persons or firms to persons who are not engaged in functions or activities to which such records are di

1 See E. O. 9842, infra.

rectly related, except as provided for by law or as required in the final disposition thereof pursuant to law.

404. All provisions of prior Executive orders in conflict with this order are amended accordingly. All other prior and currently effective orders, rules, regulations, directives, and other similar instruments relating to any function transferred by the provisions of this order or issued by any agency terminated hereunder or by any predecessor or constituent agency thereof, shall remain in effect except as they are inconsistent herewith or are hereafter amended or revoked under proper authority.

405. As used in this order, "functions" includes powers, duties, authorities, discretions, and responsibilities.

THE WHITE HOUSE,

HARRY S. TRUMAN

April 23, 1947.

EXECUTIVE ORDER 9842

CONDUCT OF CERTAIN LITIGATION ARISING UNDER WARTIME LEGISLATION

By virtue of the authority vested in me by the Constitution and statutes, including Title I of the First War Powers Act, 1941, and as President of the United States, and having regard to the established responsibilities and powers of the Department of Justice and of the Attorney General under the statutes of the United States, it is hereby ordered, in the interest of the internal management of the Government, as follows:

1. The Attorney General is authorized and directed, in the name of the United States or otherwise as permitted by law, to coordinate, conduct, initiate, maintain or defend:

(a) Litigation before the Emergency Court of Appeals for and on behalf of the Secretary of Agriculture, the Secretary of Commerce, and the Reconstruction Finance Corporation, respectively;

(b) Litigation against violators of regulations, schedules or orders relating to maximum prices pertaining to any commodity which has been removed from price control;

(c) Litigation arising out of Directive 41, as amended, of the Office of Economic Stabilization pertaining to the withholding of subsidies because of noncompliance with or violations of control orders.

2. Nothing herein shall be deemed to restrict or limit the powers conferred upon the Attorney General by law with respect to the conduct, settlement, disposition or review of litigation.

3. The functions and duties of the Attorney General under this order shall be performed by him or, subject to his. direction and control, by such officers or agencies of the Department of Justice as he may designate, and there shall be made available to the Attorney General, pursuant to the provisions of Executive Order No. 9784 of September 25, 1946,1 any files or records pertinent to the subject matter hereof.

4. This order shall become effective June 1, 1947.

THE WHITE HOUSE,

HARRY S. TRUMAN

April 23, 1947.

EXECUTIVE ORDER 9843

AUTHORIZING THE SECRETARY OF THE NAVY TO TRANSFER CERTAIN VESSELS AND MATERIAL AND TO FURNISH CERTAIN ASSISTANCE TO THE REPUBLIC OF CHINA

WHEREAS the act of July 16, 1946, Public Law 512, Seventy-ninth Congress, provides, in part:

"That notwithstanding the provisions of any other law, the President is authorized, whenever in his discretion the public interests render such a course advisable, or will assist in relieving United States forces of duty in China or putting the Government of the Republic of China in better position to protect or improve the safety of navigation in its waters, to provide to the Republic of China such naval services, training, plans, and technical advice as he may deem proper; and to dispose of naval vessels and craft, not to exceed two hundred and seventy-one vessels and craft under authority of this Act, which are in excess of the naval needs of the United States, floating drydocks of capacity sufficient to accommodate any vessel or craft disposed of under authority of this Act, and material necessary for the operation and maintenance of the vessels and craft disposed of under authority of this Act and for the training of the crews of such vessels and craft, to the Republic of China by sale, exchange, lease, gift, or transfer for cash, credit, or other property, with or without warranty, or upon such other terms and conditions as he may deem proper: Provided, That prior to the disposition under the authority of this Act of any battleship, aircraft carrier of any type, cruiser, destroyer

13 CFR 1946 Supp.

(but not destroyer escort), or submarine the President shall first obtain the authority of the Congress in each instance: Provided further, That no information, plans, advice, material, documents, blueprints, or other papers, bearing a secret or top-secret classification shall be disposed of or transferred under authority of this Act.

"SEC. 2. The President is authorized, upon application from the Republic of China, and whenever in his discretion the public interests render such a course advisable, to detail not to exceed one hundred officers and two hundred enlisted men of the United States Navy and Marine Corps to assist the Republic of China in naval matters: Provided, That United States naval or Marine Corps personnel shall not accompany Chinese troops, aircraft, or ships on other than training maneuvers or cruises

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WHEREAS the Republic of China has requested the United States to transfer to it certain specified naval vessels, craft, and floating drydocks, and to furnish it certain technical advice and assistance in connection with the organization and maintenance by it of a naval establishment; and

WHEREAS such vessels and craft are in excess of the naval needs of the United States; and

WHEREAS it appears that the transfer of such vessels, craft, and floating drydocks, and the furnishing of such advice and assistance to the Republic of China would be in accordance with the conditions and limitations of the said act of July 16, 1946, and would be in the public interest:

NOW, THEREFORE, by virtue of the authority vested in me by the said act of July 16, 1946, and as President of the United States and as Commander in Chief of the Army and Navy of the United States, it is hereby ordered as follows:

SECTION 1. Subject to the conditions and limitations contained in the said act of July 16, 1946, the Secretary of the Navy is authorized:

(a) To transfer to the Republic of China without compensation the said vessels, craft, and floating drydocks.

(b) To repair, outfit, and equip the vessels, craft, and floating drydocks which are to be transferred under paragraph (a) of this section, and to transfer material deemed by the Secretary of the Navy to be necessary for the operation and maintenance of the vessels and craft so transferred, all on the basis of

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(d) To train personnel for the operation of such vessels, craft, and floating drydocks, and for such other naval purposes as the Secretary of the Navy may deem proper.

(e) To detail not more than one hundred officers and two hundred enlisted men of the United States Navy or Marine Corps to assist the Republic of China in naval matters under such conditions and subject to such rules and regulations as the Secretary of the Navy may prescribe.

SEC. 2. The authority hereby granted shall be exercised by the Secretary of the Navy subject to concurrence by the Secretary of State; and if at any time the Secretary of State shall determine that the transfer of further vessels and craft or material would not be in the public interest, such transfers shall be discontinued.

HARRY S. TRUMAN

THE WHITE HOUSE,

April 25, 1947.

EXECUTIVE ORDER 9844 DESIGNATING THE UNITED STATES MISSION TO THE UNITED NATIONS AND PROVIDING FOR ITS DIRECTION AND ADMINISTRATION By virtue of and pursuant to the authority vested in me by the United Nations Participation Act of 1945 (59 Stat. 619) and as President of the United States, and for the purpose of defining further the functions of the Representative of the United States at the seat of the United Nations in connection with the participation of the United States in the United Nations, it is hereby ordered as follows:

1. The Representative at the seat of the United Nations, the Deputy Representative to the Security Council, Representatives in the Economic and Social Council and its Commissions, the Trusteeship Council, the Atomic Energy

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Commission, the Commission for Conventional Armaments and the Military Staff Committee, and representatives to organs and agencies of the United Nations hereafter appointed or designated and included within the United States Mission to the United Nations herein provided for, together with their deputies, staffs and offices, shall be known as the United States Mission to the United Nations.

2. The Representative of the United States at the seat of the United Nations shall be the Chief of Mission in charge of the United States Mission to the United Nations. The Chief of Mission shall coordinate at the seat of the United Nations the activities of the Mission in carrying out the instructions of the President transmitted either by the Secretary of State or by other means of transmission as directed by the President. Instructions to the Representatives of the Joint Chiefs of Staff in the Military Staff Committee of the United Nations shall be transmitted by the Joint Chiefs of Staff. On request of the Chief of Mission, such Representatives shall, in addition to their responsibilities under the Charter of the United Nations, serve as advisers in the United States Mission to the United Nations.

3. The Chief of Mission shall also be responsible for the administration of the Mission, including personnel, budget, obligation and expenditure of funds, and the central administrative services; provided that he shall not be responsible for the internal administration of the personnel, budget, and obligation and expenditure of funds of the United States Representatives in the Military Staff Committee. The Chief of Mission shall discharge his responsibilities under this paragraph in accordance with such rules and regulations as the Secretary of State may from time to time prescribe. 4. This order shall be published in the FEDERAL REGISTER.

HARRY S. TRUMAN

THE WHITE HOUSE,

April 28, 1947.

EXECUTIVE ORDER 9845

AMENDMENT OF EXECUTIVE ORDER No. 9 OF JANUARY 17, 1873, RELATING TO THE HOLDING OF STATE OR LOCAL OFFICES BY FEDERAL OFFICERS AND EMPLOYEES

By virtue of the authority vested in me by section 1753 of the Revised Statutes

of the United States (5 U. S. C. 631), and as President of the United States, Executive Order No. 9 of January 17, 1873, as amended, prohibiting with certain exceptions Federal officers and employees from holding state, territorial, county, municipal, or other local offices, is hereby further amended so as to permit employees of the Bureau of Reclamation with the approval of the Secretary of the Interior to accept appointments as constables or deputy sheriffs under the laws of the States or territories in which such employees may be on duty: Provided, That their services as such constables or deputy sheriffs shall be without compensation and shall not in any manner interfere or conflict with the performance of their duties as employees of the Bureau of Reclamation.

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EXECUTIVE ORDER 9846 AMENDMENT OF EXECUTIVE ORDER NO. 91951 OF JULY 7, 1942, PRESCRIBING REGULATIONS RELATING TO AERIAL FLIGHTS BY PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, AND NATIONAL GUARD

By virtue of the authority vested in me by section 20 of the act of June 10, 1922, 42 Stat. 632, as amended by section 6 of the act of July 2, 1926, 44 Stat. 782, and by section 18 of the Pay Readjustment Act of 1942, 56 Stat. 368, and in the interest of the internal management of the Government, it is hereby ordered as follows:

Executive Order No. 9195 of July 7, 1942, prescribing regulations relating to aerial flights by personnel of the Army, Navy, Marine Corps, Coast Guard, and National Guard, is hereby amended so as to authorize the Chief of Naval Personnel or such officer or officers as he may designate for the Navy, the Commandant of the Marine Corps or such officer or officers as he may designate for the Marine Corps, and the Commandant of the Coast Guard or such officer or officers as he may designate for the Coast Guard to issue aerial flight orders to personnel of their respective services, including the reserve components thereof, in the same manner and to the same extent that aerial flight orders have

18 CFR Cum. Supp.

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LIQUIDATION OF THE SOLID FUELS
ADMINISTRATION FOR WAR 2

By virtue of the authority vested in me by the Constitution and the statutes of the United States, including the last paragraph of Title I of the First Supplemental Surplus Appropriation Rescission Act, 1946, approved February 18, 1946 (60 Stat. 6, 13), and as President of 'the United States, it is hereby ordered, in the interest of the internal management of the Government, as follows:

1. Effective on the date of this order the authority of the Solid Fuels Administrator to exercise any power or function vested in him by the provisions of Executive Order No. 9332 of April 19, 1943,1 establishing the Solid Fuels Administration for War, is terminated.

2. Effective at the close of business on June 30, 1947, the Solid Fuels Administration for War is abolished, and Executive Order No. 9332 of April 19, 1943, is revoked.

3. The Secretary of the Interior, acting through the Solid Fuels Administration for War until its abolishment and thereafter through such agency or agencies of the Department of the Interior as he may designate, is authorized to wind up and liquidate the affairs of the Solid Fuels Administration for War as expeditiously as practicable and to utilize for such purposes, to the extent necessary, the personnel, property, records, and funds of the Solid Fuels Administration for War and such other funds as may be appropriated therefor.

4. All prior Executive orders in conflict with this order are amended accordingly.

THE WHITE HOUSE,

HARRY S. TRUMAN

May 6, 1947.

2 Noted in Title 30, Chapter VI, infra.

EXECUTIVE ORDER 9848

DISPOSAL OF CERTAIN FOREIGN MERCHANT VESSELS

WHEREAS the United States Maritime Commission, by virtue of the authority vested in it by Executive Order No. 8771 of June 6, 1941, as amended by Executive Order No. 8881 of September 2, 1941,1 took over title to and possession of certain foreign merchant vessels lying idle in waters within the jurisdiction of the United States; and

WHEREAS the United States no longer has need of certain of such vessels; and WHEREAS it is in the public interest that such unneeded vessels be disposed of by the United States Maritime Commission if such disposition is consistent with the foreign policies of the United States and will not prejudice the interests of the United States in any litigation involving any such vessel:

NOW, THEREFORE, by virtue of the authority vested in me by section 1 of the act of June 6, 1941, 55 Stat. 242, it is hereby ordered as follows:

The United States Maritime Commission is hereby authorized and directed to dispose of any of the above-mentioned vessels which are no longer needed by the United States, in accordance with the provisions of the Merchant Marine Act, 1936, as amended, and other laws authorizing the sale of vessels: Provided, That the proposed disposition of any such vessel shall be found by the Secretary of State to be consistent with the foreign policies of the United States and shall be found by the Attorney General to be without prejudice to the interests of the United States in any litigation in which any such vessel may be involved: And provided further, That the moneys received on account of the sale or return of any such vessel, after deduction therefrom of any expenses incurred by the Commission in connection with such sale or return, shall be deposited in the Treasury of the United States to the credit of miscellaneous receipts.

HARRY S. TRUMAN

THE WHITE HOUSE,
May 8, 1947.

13 CFR Cum. Supp.

EXECUTIVE ORDER 9849 SUSPENSION OF EIGHT-HOUR LAW AS TO WORK BY THE ALASKA RAILROAD, DEPARTMENT OF THE INTERIOR

WHEREAS the Alaska Railroad is the only means by which substantial quantities of vitally needed materials and supplies can be transported to interior points in the Territory of Alaska; and

WHEREAS the protection of our national security through the maintenance of military posts in Alaska is dependent upon the transportation by the Railroad of vitally needed matériel, supplies, and equipment for our armed forces; and

WHEREAS the essential services performed by the said Railroad in the transportation of freight and passenger traffic are also of critical importance to the citizens of Alaska and to its economic development; and

WHEREAS as a result of the tremendous burden of traffic transported by the Railroad during the war years immediate and extensive rehabilitation of track and roadway facilities is necessary for the safe and continued operation of the Railroad; and

WHEREAS climatic conditions within Alaska preclude such rehabilitation except during the short summer season; and

WHEREAS it is essential to the fullest and most effective utilization of this limited period that laborers and mechanics employed by the Railroad be permitted to work in excess of eight hours a day; and

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), the service 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 I find that by reason of the foregoing an extraordinary emergency exists:

NOW, THEREFORE, by virtue of the authority vested in me by section 1 of the said act of August 1, 1892, as amended by the said act of March 3, 1913, and as President of the United States, I hereby suspend for a period of six months, effective immediately, the above-mentioned provisions of law pro

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