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The Secretary of Defense may also from time to time place with the Director of Selective Service a call or requisition for a specified number of men in any medical, dental, or allied specialist category required for induction into the Armed Forces. The Secretary of Defense shall present such calls or requisitions to the Director of Selective Service not less than 60 days prior to the period during which the delivery and induction of such men are to be accomplished."

(b) Section 1631.5 of Part 1631 is amended to read as follows:

"§ 1631.5 Calls by the Director of Selective Service. (a) The Director of Selective Service shall, upon receipt of a call or requisition from the Secretary of Defense for a specified number of men to be inducted into the Armed Forces, allocate such call or requisition among the several States. The Director of Selective Service in allocating such call may provide for the selection of persons by age group or groups whenever he deems such action is necessary in order that persons in older age groups shall, on a nation-wide basis, be selected and delivered for induction before persons in younger age groups.

"(b) Upon receipt of a call or requisition from the Secretary of Defense for a specified number of men in a medical, dental, or allied specialist category to be inducted into the Armed Forces, the Director of Selective Service shall allocate such call or requisition among the several States.

"(c) The Director of Selective Service shall issue a Notice of Call on State (SSS Form No. 200) to the State Director of Selective Service of each State concerned (1) for the number of men allocated to each Statę, or (2) for the number of men in the medical, dental, or allied specialist category allocated to each State. The Director of Selective Service shall send two copies of each such Notice of Call on State (SSS Form No. 200) to the Secretary of Defense."

(c) Section 1631.6 of Part 1631 is amended to read as follows:

"§ 1631.6 Calls by State Director of Selective Service. The State Director of Selective Service, upon receiving a Notice of Call on State (SSS Form No. 200) from the Director of Selective Service shall (a) allocate to the local boards concerned within his State (1) the number

of men which his State is called upon to furnish for service in the Armed Forces, or (2) the number of men in the medical, dental, or allied specialist category which his State is called upon to furnish for service in the Armed Forces, and (b) issue to each local board concerned a Notice of Call on Local Board (SSS Form No. 201) directing the local board to select and deliver for induction (1) the number of men allocated to the local board, or (2) the number of men in the medical, dental, or allied specialist category allocated to the local board. State Director of Selective Service shall send a copy of each Notice of Call on Local Board (SSS Form No. 201) to the commanding officer of the joint examining and induction station to which the selected men are directed to report for induction."

The

(d) (1) Paragraph (a) of § 1631.7 of Part 1631 is amended to read as follows:

"(a) Each local board, upon receiving a Notice of Call on Local Board (SSS Form No. 201) from the State Director of Selective Service (1) for a specified number of men to be delivered for induction, or (2) for a specified number of men in a medical, dental, or allied specialist category to be delivered for induction, shall select and order to report for induction the number of men required to fill the call from among its registrants who have been classified in Class I-A and Class I-A-O and have been found acceptable for service in the Armed Forces and to whom the local board has mailed a Certificate of Acceptability (DD Form No. 62) at least 21 days before the date fixed for induction: Provided, That a registrant classified in Class I-A or Class I-A-O who is a delinquent may be selected and ordered to report for induction to fill an induction call notwithstanding the fact that he has not been found acceptable for service in the Armed Forces and has not been mailed a Certificate of Acceptability (DD Form No. 62) And provided further, That a registrant classified in Class I-A or Class I-A-O who has volunteered for induction may, if an appeal is not pending in his case and the period during which an appeal may be taken has expired, be selected and ordered to report for induction notwithstanding the fact that he has not been found acceptable for service in the Armed Forces and regardless of whether or not a Certificate of Acceptability (DD Form No. 62) has been

mailed to him. Such registrants, including those in a medical, dental, or allied specialist category, shall be selected and ordered to report for induction in the following order:

(1) Delinquents who have attained the age of 19 years in the order of their dates of birth with the oldest being selected first.

(2) Volunteers who have not attained the age of 26 years in the sequence in which they have volunteered for induction.

(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 child or children 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.

(4) Nonvolunteers who have attained the age of 19 years and have not attained the age of 26 years and who have a child or children 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.

(5) Nonvolunteers who have attained the age of 26 years in the order of their dates of birth with the youngest being selected first.

(6) Nonvolunteers who have attained the age of 18 years and 6 months and who have not attained the age of 19 years in the order of their dates of birth with the oldest being selected first.

In selecting registrants in the order of their dates of birth, if two or more registrants have the same date of birth they shall, as among themselves, be selected in alphabetical order."

(2) Paragraph (b) of § 1631.7 is redesignated as paragraph (c) and a new paragraph (b) is added to § 1631.7 to read as follows:

"(b) 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 stepchild, 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."

4. Section 1641.7 of Part 1641, Notice, is amended to read as follows:

"§ 1641.7 Reporting by registrants of their current status. (a) It shall be the duty of every classified registrant to keep his local board currently informed of his occupational, marital, family, dependency, and military status, of his physical condition, of his home address, and of his receipt of any professional degree in a medical, dental, or allied specialist category. Every classified registrant shall, within 10 days after it occurs, report to his local board in writing every change in such status and in his physical condition and home address and his receipt of any such professional degree.

"(b) A classified registrant shall submit to his local board in writing all information which the local board may at any time request from him concerning his occupational, marital, family, dependency, or military status or his physical condition or his receipt of a professional degree. The registrant shall submit such information to his local board within 10 days after the date on which the local board mails him a request therefor, or within such longer period as may be fixed by the local board."

5. Part 1650, Registration, Classification, Physical Examination, Selection, and Induction of Persons in Medical, Dental, and Allied Specialist Categories, is revoked.

DWIGHT D. EISENHOWER

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WHEREAS the Secretary of the Navy, with the approval of the Secretary of Defense, has caused to be made, and has recommended that I approve, a seal for the Department of the Navy, the design of which accompanies and is hereby made a part of this order and which is described, in heraldic terms, as follows:

On a circular background of fair sky and moderate sea with land in sinister base, a three-masted square-rigged ship under way before a fair breeze with after topsail furled, commission pennant atop the foremast, National Ensign atop the main, and the commodore's flag atop the mizzen. In front of the ship a Luce-type anchor inclined slightly bendwise with the crown resting on the land and, in front of the shank and in back of the dexter fluke, an American bald eagle ris

ing to sinister regarding to dexter, one foot on the ground, the other resting on the anchor near the shank; all in proper colors. The whole within a blue annulet bearing the inscription "DEPARTMENT OF THE NAVY" at the top and "UNITED STATES OF AMERICA" at the bottom, separated on each side by a mullet and within a rim in the form of a rope; inscription, rope, mullet, and edges of annulet all gold;

AND WHEREAS the central device of the seal is essentially the same as that used for more than one hundred years and reflects the denomination given in the act of April 30, 1798, which officially established the Department of the Navy; and

WHEREAS it appears that this seal is of suitable design and appropriate for use as the official seal of the Department of the Navy:

NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, I hereby approve this seal as the official seal of the Department of the Navy.

DWIGHT D. EISENHOWER THE WHITE HOUSE,

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poses," as amended (42 U. S. C. 18551855g), hereinafter referred to as the Act, it is hereby ordered as follows:

SECTION 1. Any State in which a major disaster has occurred which can estabblish the need for Federal assistance and which shall give such assurance as may be required of expenditure of a reasonable amount of the funds of the government of such State, local governments therein, or other agencies, for the same or similar purpose with respect to such disaster shall be eligible to receive Federal assistance under this order.

SEC. 2. The following procedures for qualifying for assistance under this order shall be observed upon the occurrence, or, insofar as applicable, upon the threat, of a major disaster within a State which, in the opinion of its Governor, constitutes or will eventuate in, respectively, a major disaster requiring supplementary Federal assistance:

(a) The Governor shall present to the Federal Civil Defense Administrator (hereinafter referred to as the Administrator), through the appropriate Regional Administrator of the Federal Civil Defense Administration, any request for Federal assistance, which request shall include assurance of expenditure of a reasonable amount of the funds of the State, local governments therein, or other agencies for alleviating damage resulting from such disaster, together with the following information:

(1) An estimate of the severity and extent of damage resulting from the disaster and the total funds, personnel, equipment, and material or other resources required to alleviate such damage. As used in this order, the term "damage" comprehends suffering and hardship.

(2) A statement of action taken or recommended to be taken by the State legislature or local legislative and governing authorities with regard to the disaster.

(3) An estimate of State and local funds, personnel, equipment and material or other resources, available and to be made available, to alleviate such damage.

(4) A statement of the extent and nature of Federal assistance needed, including an estimate of the minimum Federal funds, personnel, equipment, material or other resources needed to alleviate the damage.

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(b) Any Regional Administrator shall forward each request for Federal assistance received by him from a Governor in consonance with the provisions of this order, together with a report and the recommendations of the Regional Administrator thereon, to the Administrator.

(c) The Administrator shall forward to the President each request of a Governor for assistance under this order, together with the Administrator's recommendation as to action by the President thereon. In arriving at his recommendation the Administrator shall consider (1) the severity and extent of the disaster, (2) the reasonableness of State and local efforts in relation to the severity of the disaster, the resources and funds available to State and local governments for the alleviation of damage resulting from the disaster, and the operational disaster plans of the State and local governments, (3) the extent and nature of Federal assistance requested, (4) the report and recommendation of the Regional Administrator, and (5) any other available information.

(d) Upon consideration of any request of a Governor hereunder and of information and recommendations pertaining thereto, a determination will be made by the President as to whether or not the conditions constitute a major disaster within the meaning of the Act, and the Governor will be notified immediately of such determination.

(e) If it is determined that a major disaster has occurred or threatens,

(1) Federal assistance will be made available on the basis of an agreement, which shall be jointly executed by the Governor, acting for the State, and the Administrator, acting for the Federal Government. Such agreement shall contain the assurance of the State that a reasonable amount of the funds of the State, local governments or other agencies therein will be expended in alleviating damage caused by the disaster and such other terms and conditions, consistent with the provisions of the Act, as the Administrator may require.

(2) If and as may be necessary, the President will allocate to the Administrator funds for use in connection with the specific major disaster. The funds so allocated to the Administrator may be utilized by him (i) upon a showing of need, for reallocation for use in aid of the State and local governments, and

(ii) for reimbursement pursuant to the provisions of section 1 (c) of Executive Order No. 10427 of January 16, 1953, as added by this order.

(f) Federal assistance heretofore or hereafter extended under the Act shall terminate upon notice by the Administrator to the Governor of the State in which a major disaster has occurred, or upon the expiration of one year from the date of notification to the Governor of the President's determination that a major disaster exists, whichever is first: Except, however, in unusual circumstances, the Administrator, with the consent of the President, may extend this period: Provided, That upon a showing of need, the Administrator may extend such termination dates, for such purposes and such periods of time as he may determine to be necessary, with respect to disaster relief assistance solely for agricultural purposes.

SEC. 3. Section 1 of Executive Order No. 10427 of January 16, 1953, relating to the administration of disaster relief, is hereby amended by re-lettering subsections (c) and (d) thereof as (f) and (g), respectively, and by inserting the following new subsections after subsection (b) thereof:

"(c) The authority conferred upon the President by section 7 of the Act to reimburse any Federal agency for any of its authorized expenditures made under section 3 of the Act in connection with a major disaster: Provided, however, that such reimbursement shall be made from funds allocated by the President to the Administrator for use in aid of a specific State under section 2 (e) 2 of the Executive order by which this subsection (c) was added to this order, and, Provided further that such authority shall be exercised subject to the concurrence of the Director of the Bureau of the Budget.

"(d) The authority to issue rules and regulations governing such reimbursement, subject to the concurrence of the Director of the Bureau of the Budget.

"(e) The authority to prescribe such rules and regulations as may be necessary and proper to carry out the provisions of sections 3 and 5 of the Act, as amended."

SEC. 4. (a) The Federal Civil Defense Administrator may carry out any authority or function delegated or assigned

to him by the provisions of this order through any other officer of the Federal Civil Defense Administration.

(b) The Federal Civil Defense Administrator may delegate or assign to the head of any agency of the executive branch of the Government, subject to the consent of the agency head concerned in each case, any authority or function delegated or assigned to the said Administrator by the provisions of this order. Any such head of agency may redelegate any authority or function so delegated or assigned to him by the Administrator to any officer or employee subordinate to such head of agency whose appointment is required to be made by and with the advice and consent of the Senate.

DWIGHT D. EISENHOWER

THE WHITE HOUSE,

October 29, 1957.

EXECUTIVE ORDER 10738 INSPECTION OF ESTATE AND GIFT TAX RETURNS BY STATE TAX OFFICIALS

By virtue of the authority vested in me by section 55 (a) of the Internal Revenue Code of 1939 (53 Stat. 29; 54 Stat. 1008; 55 Stat. 722; 26 U. S. C. 55 (a)), and by section 6103 (a) of the Internal Revenue Code of 1954 (68A Stat. 753; 26 U. S. C. 6103 (a)), it is hereby ordered that any estate or gift tax return made under the Internal Revenue Code of 1939 or the Internal Revenue Code of 1954 shall be open to inspection by any official, body, or commission lawfully charged with the administration of any State tax law, such inspection to be in accordance and upon compliance with the rules and regulations prescribed by the Secretary of the Treasury for such inspection by Treasury Decision 4929, approved August 28, 1939, as amended, and as further amended and made applicable to the Internal Revenue Code of 1954 by the Treasury decision 1 approved by me this date.

1

This Executive order shall be effective upon its filing for publication in the FEDERAL REGISTER.

DWIGHT D. EISENHOWER

THE WHITE HOUSE,

November 15, 1957.

126 CFR (1939) 458.61.

96001-58- 8

EXECUTIVE ORDER 10739 AMENDMENT OF EXECUTIVE ORDER NO. 10152,2 PRESCRIBING REGULATIONS RELATING TO INCENTIVE PAY FOR THE PERFORMANCE OF HAZARDOUS DUTY BY MEMBERS OF THE UNIFORMED SERVICES

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)), and as President of the United States and Commander in Chief of the armed forces of the United States, it is ordered as follows:

1. Section 9 of Executive Order No. 10152 of August 17, 1950, as amended by Executive Order No. 10618 of June 28, 1955, is hereby further amended by adding the following new subsection at the end thereof:

"(h) 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."

2. This amendment shall be effective as of September 1, 1957.

DWIGHT D. EISENHOWER

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By virtue of the authority vested in me as President of the United States, it is ordered as follows:

1. The President's Council on Youth Fitness shall hereafter be composed of the Secretary of the Interior, who shall be the Chairman of the Council, the Secretary of Defense, the Secretary of Agriculture, the Secretary of Labor, and the Secretary of Health, Education, and Welfare.

2. Section 1 of Executive Order No. 10673 of July 16, 1956, which established the President's Council on Youth Fitness and designated the members thereof, and which was amended by Executive

23 CFR, 1950 Supp., 15 F. R. 5489. 33 CFR, 1956 Supp.

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