tions 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 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. E. For the purposes of this section, quarters in kind shall 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 Part I, A, above shall be applicable. F. Payments of allowances for quarters and subsistence may be made to enlisted men not more than one month in advance, except that as to men proceeding to or from a station beyond the continental limits of the United States or in Alaska, such payments may be made not more than three months in advance. The heads of the departments concerned may prescribe such additional regulations as may be necessary to carry out the provisions of this paragraph. PART II Without regard to monetary limitations contained in the Pay Readjustment Act of 1942 as amended, the heads of the departments concerned may authorize the payment to members of their respective services on duty outside continental United States or in Alaska, whether or not in a travel status, of per diem allowances in lieu of actual and necessary expenses, considering all elements of cost of living, including cost of quarters, subsistence, and other necessary incidental expenses. Such per diem allowances shall be uniform for all the services. The heads of the departments concerned may prescribe such additional regulations as may be necessary to carry out the provisions of this Part, such regulations to be uniform to the fullest extent practicable. PART III Each enlisted man of the first, second, or third grade in active service in the Army, Navy, Marine Corps or Coast Guard who is not entitled to a money allowance for quarters in a non-travel status under the provisions of sections 10 or 12 of the said Act of June 16, 1942, and who has a dependent as defined in section 4 of the said Act, shall be entitled to receive for any period during which public quarters are not provided and available for such dependent, the money allowance for quarters prescribed for enlisted men in a non-travel status by Parts I or II above. Any such enlisted man, although receiving an allowance for quarters in a non-travel status prescribed by Parts I or II above, shall be entitled to an additional money allowance for quarters if by reason of orders of competent authority his dependent is prevented from dwelling with him, such additional money allowance for quarters to be paid at the rate prescribed in Part I A 1 above: Provided, that notwithstanding any other provisions herein contained enlisted men on duty ashore, or on ships assigned home ports, outside the continental limits of the United States or in Alaska, who are otherwise entitled to a money allowance for quarters for dependents shall be paid such money allowance at the rate prescribed in Part I A 1 above when their dependents have not established a residence in the locality of their respective permanent station or home port as determined under regulations prescribed by the head of the department concerned. This order shall supersede Executive Order No. 9386 of October 15, 1943,1 as amended by Executive Order No. 9561 of June 1, 1945;2 Executive Order No. 9744C of June 29, 1946;3 and Executive Order 13 CFR 1943 Supp. 23 CFR 1945 Supp. 3 CFR 1946 Supp. WHEREAS by Executive Order No. 7658 of July 15, 1937, the President restored to the Territory of Hawaii a certain parcel of land comprising a part of the Fort De Russy Military Reservation but reserved to the United States the right to construct on the said parcel of land a railroad from the Fort De Russy Military Reservation to the existing line of the Honolulu Rapid Transit and Land Company; and WHEREAS it now appears that there is no necessity for the construction of the said railroad by the United States; and WHEREAS it is deemed advisable and in the public interest that the United States relinquish its right to construct such railroad: NOW, THEREFORE, by virtue of the authority vested in me by section 91 of the act of April 30, 1900, 31 Stat. 159, as amended by section 7 of the act of May 27, 1910, 36 Stat. 447, the said Executive Order No. 7658 of July 15, 1937, is hereby amended by deleting from the first paragraph thereof the provision reserving to the United States the right to construct a railroad from the Fort De Russy Military Reservation to the existing line of the Honolulu Rapid Transit and Land Company upon the land restored by the order to the Territory of Hawaii. THE WHITE HOUSE, 1 Supra. HARRY S. TRUMAN July 15. 1947 Tabulated in § 501.1 of Title 10, infra. 728472-48-supp. x-BK. 1 -12 EXECUTIVE ORDER 9873 TRANSFERRING TO THE AMERICAN BATTLE MONUMENTS COMMISSION THE FUNCTIONS OF THE WAR DEPARTMENT PERTAINING TO THE ADMINISTRATION OF THE MEXICO CITY NATIONAL CEMETERY By virtue of the authority vested in me Ly section 12 of the act of March 4, 1923, as amended by the act of June 26, 1946, 60 Stat. 318, and as President of the United States, it is hereby ordered as follows: 1. All functions of administration pertaining to the Mexico City National Cemetery, located in Mexico City, Calazada, Molchor Ocampo 31, Mexico, DF, now vested in or exercised by the War Department, together with the field civilian personnel, records, supplies, equipment, and property of every kind pertaining thereto, are hereby transferred from the War Department to the American Battle Monuments Commission. 2. The unexpended balances of appropriations or allotments of appropriations which are now, or may become, available to the War Department for the performance of the functions transferred by this order shall be transferred to the American Battle Monuments Commission to such extent as the Director of the Bureau of the Budget may deem necessary. HARRY S. TRUMAN EXECUTIVE ORDER 9874 CREATING AN EMERGENCY BOARD TO INVESTIGATE DISPUTES BETWEEN THE SOUTHERN PACIFIC COMPANY (PACIFIC LINES), THE NORTHWESTERN PACIFIC RAILROAD COMPANY, AND THE SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY, AND CERTAIN OF THEIR EMPLOYEES WHEREAS disputes, consisting of approximately 531 cases listed in "Official ballot" dated January 6, 1947, exist between the Southern Pacific Company (Pacific Lines), the Northwestern Pacific Railroad Company, and the San Diego & Arizona Eastern Railway Company, carriers, and certain of their employees represented by the Brotherhood of Locomotive Engineers, a labor organization; and WHEREAS these disputes have not heretofore been adjusted under the pro Page 159 visions 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 within the States of Arizona, California, Louisiana, Nevada, New Mexico, Oregon, Texas, Utah, and Washington to a degree such as to deprive that portion 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 the said disputes. No member of the said 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 said 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 any of the above-named carriers or their employees in the conditions out of which the said disputes arose. HARRY S. TRUMAN THE WHITE HOUSE, July 18, 1947. EXECUTIVE ORDER 9875 PROVIDING AN INTERIM ADMINISTRATION FOR THE TRUST TERRITORY OF THE PACIFIC ISLANDS WHEREAS the Trust Territory of the Pacific Islands (hereinafter referred to as the trust territory) has been placed under the trusteeship system established in the Charter of the United Nations by means of a trusteeship agreement (hereinafter referred to as the 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; and WHEREAS the United States of America, under the terms of the agreement, is designated as the administering au thority of the trust territory and has assumed obligations for the government thereof; and WHEREAS it is necessary to establish an interim administration of the trust territory, pending the enactment of appropriate legislation by the Congress of the United States providing for the future government thereof: NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, its ordered as follows: 1. The military government in the former Japanese Mandated Islands is hereby terminated, and the authority and responsibility for the civil administration of the trust territory, on an interim basis, is hereby delegated to the Secretary of the Navy. 2. The Secretary of the Navy shall, subject to such policies as the President may from time to time prescribe, and, when appropriate, in collaboration with other departments or agencies of the Federal Government, carry out the obligations which the United States, as the administering authority of the trust territory, has assumed under the terms of the agreement and the Charter of the United Nations: Provided, however, that the authority granted to the United States under Article 13 of the agreement to close any areas 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 shall be exercised jointly by the Secretary of the Navy and the Secretary of State: And Provided further, that all relations between departments or agencies of the Federal Government and appropriate organs of the United Nations with respect to the trust territory shall be conducted through the Secretary of State. 3. This order, subject to subsequent modification, shall be effective as of this date and shall remain effective until a designation is made of the civilian department or agency which is to have permanent responsibility for the government of the trust territory. THE WHITE HOUSE, HARRY S. TRUMAN July 18, 1947. EXECUTIVE ORDER 9876 AUTHORIZING THE PHILIPPINE ALIEN PROPERTY ADMINISTRATOR TO PERFORM CERTAIN FUNCTIONS OF THE PRESIDENT WITH RESPECT TO ALIEN PROPERTY LOCATED IN THE PHILIPPINES By virtue of the authority vested in me by section 101 (b) of Reorganization Plan No. 1 of 1947,1 the Philippine Alien Property Administrator (provided for in Executive Order No. 9818 of January 7, 19472) is hereby authorized and directed to perform, subject to the direction and control of the President, all of the functions transferred to the President by the said section 101 (b) of Reorganization Plan No. 1 of 1947. THE WHITE HOUSE, HARRY S. TRUMAN July 24, 1947. EXECUTIVE ORDER 9877 FUNCTIONS OF THE ARMED FORCES By virtue of the authority vested in me by the Constitution and laws of the United States, and as President of the United States and Commander in Chief of the Armed Forces of the United States, I hereby prescribe the following assignment of primary functions and responsibilities to the three armed services. Section I-The Common Missions of the Armed Forces of the United States are: 1. To support and defend the Constitution of the United States against all enemies, foreign or domestic. 2. To maintain, by timely and effective military action, the security of the United States, its possessions and areas vital to its interest. 3. To uphold and advance the national policies and interests of the. United States. 4. To safeguard the internal security of the United States as directed by higher authority. 5. To conduct integrated operations on the land, on the sea, and in the air necessary for these purposes. In order to facilitate the accomplishment of the foregoing missions the armed Title 3, Chapter IV, infra. 'Supra. forces shall formulate integrated plans and make coordinated preparations. Each service shall observe the general principles and fulfill the specific functions outlined below, and shall make use of the personnel, equipment and facilities of the other services in all cases where economy and effectiveness will thereby be increased. Section II-Functions of the United States Army General The United States Army includes land combat and service forces and such aviation and water transport as may be organic therein. It is organized, trained and equipped primarily for prompt and sustained combat incident to operations on land. The Army is responsible for the preparation of land forces necessary for the effective prosecution of war, and, in accordance with integrated joint mobilization plans, for the expansion of peacetime components of the Army to meet the needs of war. The specific functions of the United States Army are: 1. To organize, train and equip land forces for: a. Operations on land, including joint operations. b. The seizure or defense of land areas, including airborne and joint amphibious operations. c. The occupation of land areas. 2. To develop weapons, tactics, technique, organization and equipment of Army combat and service elements, coordinating with the Navy and the Air Force in all aspects of joint concern, including those which pertain to amphibious and airborne operations. 3. To provide, as directed by proper authority, such missions and detachments for service in foreign countries as may be required to support the national policies and interests of the United States. 4. To assist the Navy and Air Forces in the accomplishment of their missions, including the provision of common services and supplies as determined by proper authority. Section III-Functions of the United States Navy General The United States Navy includes naval combat and service forces, naval avia tion, and the United States Marine Corps. It is organized, trained and equipped primarily for prompt and sustained combat at sea. The Navy is responsible for the preparation of naval forces necessary for the effective prosecution of war, and in accordance with integrated joint mobilization plans, for the expansion of the peacetime components of the Navy to meet the needs of war. The specific functions of the United States Navy are: 1. To organize, train and equip naval forces for: a. Operations at sea, including joint operations. b. The control of vital sea areas, the protection of vital sea lanes, and the suppression of enemy sea commerce. c. The support of occupation forces as required. d. The seizure of minor enemy shore positions capable of reduction by such landing forces as may be comprised within the fleet organization. e. Naval reconnaissance, antisubmarine warfare, and protection of shipping. The air aspects of those functions shall be coordinated with the Air Force, including the development and procurement of aircraft, and air installations located on shore, and use shall be made of Air Force personnel, equipment and facilities in all cases where economy and effectiveness will thereby be increased. Subject to the above provision, the Navy will not be restricted as to types of aircraft maintained and operated for these purposes. f. The air transport necessary for essential internal administration and for air transport over routes of sole interest to naval forces where the requirements cannot be met by normal air transport facilities. 2. To develop weapons, tactics, technique, organization and equipment of naval combat and service elements, coordinating with the Army and the Air Force in all aspects of joint concern, including those which pertain to amphibious operations. 3. To provide, as directed by proper authority, such missions and detachments for service in foreign countries as may be required to support the national policies and interests of the United States. 4. To maintain the U. S. Marine Corps whose specific functions are: a. To provide Marine Forces together with supporting air components, for service with the Fleet in the seizure or defense of advanced naval bases and for the conduct of limited land operations in connection therewith. b. To develop, in coordination with the Army and the Air Force those phases of amphibious operations which pertain to the tactics, technique and equipment employed by landing forces. c. To provide detachments and organizations for service on armed vessels of the Navy. d. To provide security detachments for protection of naval property at naval stations and bases e. To provide, as directed by proper authority, such missions and detachments for service in foreign countries as may be required to support the national policies and interests of the United States. 5. To assist the Army and the Air Force in the accomplishment of their missions, including the provision of common services and supplies as determined by proper authority. Section IV-Functions of the United States Air Force General The United States Air Force includes all military aviation forces, both combat and service, not otherwise specifically assigned. It is organized, trained, and equipped primarily for prompt and sustained air offensive and defensive operations. The Air Force is responsible for the preparation of the air forces necessary for the effective prosecution of war except as otherwise assigned and, in accordance with integrated joint mobilization plans, for the expansion of the peacetime components of the Air Force to meet the needs of war. The specific functions of the United States Air Force are: 1. To organize, train and equip air forces for: a. Air operations including joint operations. b. Gaining and maintaining general air supremacy. c. Establishing local air superiority where and as required. d. The strategic air force of the United States and strategic air reconnaissance. |