failed of such selection, that must either be selected for promotion by the particular board or be considered as having failed of such selection, in order to maintain a flow of promotion consistent with the terms of service set out in section 5768 of this title and in order best to assure to individuals in succeeding years equality of opportunity for promotion, the provisions of section 5764 (a) 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. DWIGHT D. EISENHOWER Executive Order 10861-February 11, 1960 SUSPENSION OF CERTAIN PROVISIONS OF SECTION 5762 OF TITLE 10 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, 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, 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. DWIGHT D. EISENHOWER Executive Order 11270 SUSPENSION OF SECTION 5232(b) OF TITLE 10, UNITED STATES CODE, WHICH RELATES TO THE NUMBER OF LIEUTENANT GENERALS IN THE MARINE CORPS By virtue of the authority vested in me by Section 5234 of Title 10 of the United States Code, 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 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. AMENDMENT OF EXECUTIVE ORDER NO. 11554, SUSPENDING THE PROVISIONS OF SECTION 5707(c) OF TITLE 10, UNITED STATES CODE, WHICH RELATE TO PROMOTION OF NAVY AND MARINE CORPS OFFICERS By virtue of the authority vested in me by section 5711(b) of title 10, United States Code, Executive Order No. 11554 of August 29, 1970,76 is amended to read as follows: "The operation of so much of the provisions of section 5707(c) of title 10 of the United States Code as restrict, to a percentage of five percent of the total number of officers that a board is authorized to recommend for promotion, the number of Navy and Marine Corps officers below the appropriate promotion zone who may be recommended as best fitted for promotion to the grade concerned, is hereby suspended until June 30, 1974." THE WHITE HOUSE, RICHARD NIXON. August 30, 1972 (Emphasis added.) 4. MISCELLANEOUS EMERGENCY EXECUTIVE ORDERS Executive Order 10251-June 7, 1951 SUSPENSION OF THE EIGHT-HOUR LAW AS TO LABORERS AND ME'CHANICS EMPLOYED BY THE DEPARTMENT OF DEFENSE ON PUBLIC WORK ESSENTIAL TO THE NATIONAL DEFENSE WHEREAS by Proclamation No 2914 of December 16, 1950, I proclaimed the existence of a national emergency, which requires that the military, naval, air, and civilian defenses of this country be strengthened as speedily as possible; 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 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 I find that as to public work being performed by the Department of Defense 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 the duration of the national emergency proclaimed by me on December 16, 1950, the above-mentioned provisions of law prohibiting more than eight hours of labor in any one calendar day by laborers and mechanics employed by the Government of the United States as to all work performed by laborers and mechanics employed by the Department of Defense on any public work which is essential to the national defense: Provided, That the wages of all laborers and mechanics so employed by the Department of Defense shall be computed on a basic day rate of eight hours of work with overtime to be paid at time and onehalf for all hours of work in excess of eight hours in any one day. Executive Order No. 9898 of October 14, 1947, as amended by Executive Order No. 9926 of January 17, 1948, and as extended by Executive Orders No. 9974 of July 1, 1948, No. 10064 of June 30, 1949, and No. 10135 of June 30, 1950, is hereby superseded; but nothing contained in this order shall prejudice any action heretofore taken under or pursuant to the said Executive Order No. 9898 as amended and extended. HARRY S. TRUMAN Executive Order 10282-August 29, 1951 SUSPENSION OF THE EIGHT-HOUR LAW AS TO LABORERS AND MECHANICS EMPLOYED BY THE DEPARTMENT OF THE INTERIOR ON PUBLIC WORK ESSENTIAL TO THE NATIONAL DEFENSE WHEREAS by Proclamation No. 2914 of December 16, 1950, I proclaimed the existence of a national emergency which requires that the military, naval, air, and civilian defenses of this country be strengthened as speedily as possible; 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 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 the Department of the Interior is engaged in public work which is essential to the defense program; and WHEREAS I find that as to such public work being performed by the Department of the Interior 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 the duration of the national emergency proclaimed by me on December 16, 1950, the abovementioned provisions of law prohibiting more than eight hours of labor in any one calendar day by laborers and mechanics employed by the Government of the United States as to all work performed by laborers and mechanics employed by the Department of the Interior on any public work which is designated by the Secretary of the Interior as essential to the defense program : Provided, that the wages of all laborers and mechanics so employed by the Department of the Interior shall be computed on a basic day rate of eight hours of work with overtime to be paid at time and one-half for all hours of work in excess of eight hours in any one day. Executive Order No. 9360 of July 7, 1943, entitled "Suspension of Eight-Hour Law as to Laborers and Mechanics Employed by the Department of the Interior on Public Works within the United States", and Executive Order No. 9368 of August 9, 1943, extending the provisions of the aforesaid order to certain public work within the Territory of Alaska, are hereby superseded; but nothing contained in this order shall prejudice any action heretofore taken under or pursuant to the said Executive Order No. 9360 or the said Executive Order No. 9368. HARRY S. TRUMAN Executive Order 10433-April 7, 1953 SUSPENSION OF THE EIGHT-HOUR LAW AS TO LABORERS AND MECHANICS EMPLOYED BY THE ATOMIC ENERGY COMMISSION ON PUBLIC WORK ESSENTIAL TO THE NATIONAL DEFENSE WHEREAS by Proclamation No. 2914, of December 16, 1950, the President proclaimed the existence of a national emergency, which requires that the military, naval, air, and civilian defenses of this country be strengthened as speedily as possible; 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 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 I find that as to public work essential to the national defense being performed by the Atomic Energy Commission 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 the duration of the national emergency proclaimed on December 16, 1950, Proclamation No. 2914 the above-mentioned provisions of law prohibiting more than eight hours of labor in any one calendar day by laborers and mechanics employed by the Government of the United States as to all work performed by laborers and mechanics employed by the Atomic Energy Commission on any public work which is essential to the national defense: Provided, That the wages of all laborers and mechanics so employed shall be computed on a basic day rate of eight hours of work with overtime to be paid at a rate not less than time and one-half for all hours of work in excess of eight hours in any one day. DWIGHT D. EISENHOWER |