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continuance in force of an action hereto- the contract price to an amount higher fore taken under those orders or any than the lowest rejected bid of any amendments or extensions thereof. responsible bidder. 15. Nothing herein contained shall

DWIGHT D. EISENHOWER prejudice any other authority which the Department of Defense may have to THE WHITE HOUSE, enter into, amend, or modify contracts,

November 14, 1958.
and to make advance payments.
PART II-EXTENSION OF PROVISIONS OF

EXECUTIVE ORDER 10790
PARAGRAPHS 1-14

AMENDMENT OF EXECUTIVE ORDER NO. 21. Subject to the limitations and

10530," PROVIDING FOR THE PERFORMANCE regulations contained in paragraphs 1 to OF CERTAIN FUNCTIONS VESTED IN OR 14, inclusive, hereof, and under any regu- SUBJECT TO THE APPROVAL OF THE PRESIlations prescribed by him in pursuance of

DENT the provisions of paragraph 22 hereof, the head of each of the following-named

By virtue of the authority vested in me agencies is authorized to perform or ex

by section 301 of title 3 of the United ercise as to his agency, independently of

States Code, and as President of the any Secretary referred to in the said

United States, it is ordered that subsecparagraphs 1 to 14, all the functions

tion (c) of section 1 of Executive Order and authority vested by those para

No. 10530' of May 10, 1954, entitled “Prographs in the Secretaries mentioned

viding for the Performance of Certain therein:

Functions Vested in or Subject to the Department of the Treasury

Approval of the President,” be, and it is Department of the Interior

hereby, amended to read as follows: Department of Agriculture

"(c) The authority vested in the PresDepartment of Commerce

ident by section 7 of the act of August 2, Atomic Energy Commission

1946, ch. 744, 60 Stat. 808, as amended General Services Administration

(5 U. S. C. 736–3), to prescribe regulaOffice of Civil and Defense Mobiliza- tions with respect to the availability of tion

appropriations for the departments for National Aeronautics and Space Ad- expenses of travel of Government perministration

sonnel (including new appointees), Federal Aviation Agency

transportation of their immediate famiTennessee Valley Authority

lies, and transportation of their houseGovernment Printing Office

hold goods and personal effects, as au22. The head of each agency named in thorized by the provisions of that section, paragraph 21 hereof is authorized to pre- as amended.” scribe regulations governing the carrying out of the functions and authority

DWIGHT D. EISENHOWER vested with respect to his agency by the THE WHITE HOUSE, provisions of paragraph 21 hereof. Such

November 20, 1958. regulations shall, to the extent practicable, be uniform with the regulations

EXECUTIVE ORDER 10791 prescribed or approved by the Secretary of Defense under the provisions of Part DESIGNATING CERTAIN OFFICERS TO ACT AS I of this order.

SECRETARY OF STATE 23. Nothing contained herein shall prejudice any other authority which any

By virtue of the authority vested in agency named in paragraph 21 hereof me by section 179 of the Revised Statutes may have to enter into, amend, or modify (5 U. S. C. 6), and as President of the contracts and to make advance pay- United States, it is ordered as follows: ments.

In case of the death, resignation, ab24. Nothing contained in this part sence, or sickness of the Secretary of shall constitute authorization there- State and the Under Secretary of State, under for the amendment of a contract

the following-designated officers of the negotiated under section 302 (c) (14) of

Department of State shall, in the order the Federal Property and Administrative

of succession indicated, act as Secretary Services Act of 1949 (63 Stat. 394), as amended by section 2 (b) of the act of 119 F. R. 2709, 3 CFR, 1954 Supp. August 28, 1958, 72 Stat. 966, to increase :3 CFR, 1964 Supp.

of State until a successor is appointed or establishments, or agencies who for nauntil the absence or sickness of the in- tional security or other public reasons cumbent shall cease:

should, in the judgment of the respec1. Under Secretary of State for Eco- tive heads thereof, be at their posts of nomic Affairs

duty. 2. Deputy Under Secretary of State

DWIGHT D. EISENHOWER for Political Affairs

THE WHITE HOUSE, 3. Deputy Under Secretary of State for

November 28, 1958. Administration

All prior orders or other Presidential documents designating officers to per

EXECUTIVE ORDER 10793 form the duties of the Secretary of State,

TRANSFERRING CERTAIN FUNCTIONS FROM including the unnumbered order dated

THE DEPARTMENT OF DEFENSE TO THE April 30, 1954, and the unnurnbered order

NATIONAL AERONAUTICS

AND SPACE dated August 23, 1955, are hereby re

ADMINISTRATION voked. DWIGHT D. EISENHOWER

By virtue of the authority vested in

me by the National Aeronautics and THE WHITE HOUSE,

Space Act of 1958 (Public Law 85-568; November 28, 1958.

72 Stat. 426) and section 202 (b) of the

Budget and Accounting Procedures Act EXECUTIVE ORDER 10792

of 1950 (31 U. S. C. 581c (b)), and as

President of the United States, it is EXCUSING FEDERAL EMPLOYEES FROM DUTY

ordered as follows: ALL DAY ON DECEMBER 26, 1958

SECTION 1. Those functions (includBy virtue of the authority vested in

ing powers, duties, activities, and parts me as President of the United States, it of functions) of the Department of the is hereby ordered that employees of the

Army or of any officer or organizational several executive departments, inde- entity thereof which are now being perpendent establishments, and other gov- formed at the Jet Propulsion Laboratory ernmental agencies, including the Gen- of the California Institute of Technology, eral Accounting Office, the Government near Pasadena, California (hereinafter Printing Office, and the field services of referred to as the Laboratory), except the respective departments, establish- so much thereof as relates primarily to ments, and agencies of the Government, military operations and weapon system except those who may for special public development programs, are hereby transreasons be excluded from the provisions ferred to the National Aeronautics and of this order by the heads of their re- Space Administration. spective departments, establishments, or

SEC. 2. In connection with the transagencies, or those whose absence from duty would be inconsistent with the pro

fer of functions provided for in section visions of existing law, shall be excused

1 of this order, there is hereby trans

ferred to the National Aeronautics from duty all day on Friday, December 26, 1958, the day following Christmas

and Space Administration custody, pos

session, and control of the GovernmentDay; and such day shall be considered a holiday within the meaning of Executive

owned property occupied or utilized by Order No. 10358 of June 9, 1952, and of

the Laboratory except those items of all statutes so far as they relate to the

equipment therein which relate pricompensation and leave of employees of

marily to military operations and weapon the United States.

system development programs of the The heads of departments, agencies, Department of the Army. and independent establishments shall, to SEC. 3. The Department of Defense the extent consistent with the needs of and the National Aeronautics and Space the service, adopt a liberal policy for the Administration shall effect necessary granting of annual leave to all employ- administrative arrangements, including ees who wish to take such leave over the appropriate transfer of records, in conholiday period.

nection with the transfers of functions This order shall not be construed as and property provided for in sections 1 excusing from duty those employees of and 2 hereof. In order to provide for the Department of State, the Depart- the most effective utilization of scienment of Defense, or other departments, tific and engineering resources, the

National Aeronautics and Space Administration shall to the extent permitted by its own programs and facilities provide research and development support at the Laboratory in respect of military matters to the Department of Defense.

Sec. 4. The Secretary of the Treasury shall immediately transfer from such appropriations of the Department of Defense pertinent to the functions transferred by section 1 of this order as the Secretary of Defense shall designate, to such appropriations of the National Aeronautics and Space Administration as the Administrator of the National Aeronautics and Space Administration shall specify, the amount of $4,078,250.

DWIGHT D. EISENHOWER THE WHITE HOUSE,

December 3, 1958.

EXECUTIVE ORDER 10794 ESTABLISHING THE CANAL ZONE MERIT

SYSTEM AND PRESCRIBING REGULATIONS RELATING TO CONDITIONS OF EMPLOYMENT IN THE CANAL ZONE

By virtue of the authority vested in me by the act of July 25, 1958, Public Law 85–550 (72 Stat. 405), and as President of the United States, it is hereby ordered as follows:

SECTION 1. As used in this order:

(a) The term “the act” shall mean the act of July 25, 1958 (72 Stat. 405).

(b) The terms “department," "position," "employee," and "continental United States" shall have the meanings ascribed to them in section 2 of the act.

(c) The term "competitive civil service" shall have the same meaning as the words "competitive service," "classified service," "classified (competitive) service," or "classified civil service" as defined in existing statutes and Executive orders.

SEC. 2. (a) Subject to the further provisions of this order, there is hereby delegated to the Secretary of the Army the authority vested in the President by sections 3 and 15 of the act:

(1) To exclude any employee or position from the act or from any provision of the act.

(2) To extend to any employee, whether or not such employee is a citizen of the United States, the same rights and

privileges as are provided by applicable laws and regulations for citizens of the United States employed in the competitive civil service of the Government of the United States.

(3) To coordinate the policies and activities of the respective departments under the act.

(4) To promulgate such regulations as may be necessary and appropriate to carry out the provisions and accomplish the purposes of the act.

(b) The Secretary of the Army may redelegate any of the authority delegated to him by subsection (a) of this section.

(c) In promulgating regulations pursuant to the authority delegated by this section (including regulations with respect to the matters covered by sections 3 and 4 of this order), the Secretary of the Army shall give effect to the following-described policies:

(1) Employment standards, rates of basic compensation, availability of training facilities and programs shall be applied uniformly among all departments in the Canal Zone to all employees irrespective of whether they are citizens of the United States or of the Republic of Panama.

(2) Positions which shall be designated by the heads of agencies, under section 8 of the act, as those which for security reasons shall be filled by a citizen of the United States shall include, but not be limited to, (i) those involving security of property, (ii) those involving access to defense information classified pursuant to Executive Order No. 10501 of November 5, 1953, (iii) those which require the use of United States citizens to insure continuity and capability of operation and administration of activities in the Canal Zone by the United States Government: Provided that nothing in this order shall be deemed to modify or supersede any provision of either Executive Order No. 10501 of November 5, 1953, or Executive Order No. 10450 of April 27, 1953.

(3) Exclusions of employees or positions from the provisions of the act or any provision of the act and the extension of rights and privileges to employees, as provided in section 3 (b) of the act, shall be made only in accordance with regulations issued under this order. Such regulations shall provide for excluding employees or positions from the Canal Zone Merit System only for reasons for which exclusions or exceptions are made from the competitive civil service.

(d) Prior to the promulgation of regulations under this order, the Secretary of the Army shall consult with the Department of the Navy, the Department of the Air Force, other components of the Department of Defense having employees in the Canal Zone, the Panama Canal Company, the Canal Zone Government, the Civil Service Commission, and such other agencies having employees in the Canal Zone as he may determine.

SEC. 3. (a) There is hereby established, as provided for in section 10 of the act, a Canal Zone Merit System of selection for appointment, reappointment, reinstatement, re-employment, and retention with respect to positions, employees, and individuals under consideration for appointment to positions. In accordance with the provisions of that section, the Canal Zone Merit System shall

(1) be based solely on the merit of the employee or individual and upon his qualifications and fitness to hold the position concerned;

(2) apply uniformly within and among all departments, positions, employees, and individuals concerned;

(3) conform generally to policies, principles, and standards established by or in accordance with the Civil Service Act of January 16, 1883, as amended and supplemented; and

(4) include provision for appropriate interchange of citizens of the United States employed by the Government of the United States between such merit system and the competitive civil service of the Government of the United States. Provisions for interchange which involve movement from the Canal Zone Merit System to the competitive civil service of the Government of the United States shall be subject to the concurrence of the Civil Service Commission.

(b) Regulations promulgated under this order with respect to the Canal Zone Merit System shall be issued only after advice has been received from the Civil Service Commission that such regulations conform generally to policies, principles, and standards established by or

in accordance with the Civil Service Act of January 16, 1883, as amended and supplemented.

(c) The Civil Service Commission is directed to make periodic review of the operations of the Canal Zone Merit System for conformity with the requirements of the act, this order, and regulations promulgated under section 2 thereof, and shall report its findings to the Secretary of the Army and to the Special Assistant to the President for Personnel Management.

SEC. 4. (a) There is hereby established, as provided for in section 12 of the act, a Canal Zone Board of Appeals to review and determine the appeals of employees. The Board shall consist of five members, all of whom shall be civilians appointed by the Secretary of the Army (and one of whom shall be designated by him as chairman), as follows:

(1) One member shall be nominated by the Civil Service Commission.

(2) Two members shall be selected from among employees of the United States Government agencies in the Canal Zone and shall be appointed only after consultation with and advice from organizations representing such employees.

(3) Two members shall be selected by the Secretary of the Army.

(b) For each member of the Board, the Secretary of the Army shall appoint an alternate member, who shall be a civilian nominated or selected in the same manner as the Board member for whom he is an alternate. An alternate member shall serve on the Board whenever, for any reason, the member for whom he is an alternate is unable to serve.

(c) Decisions of the Board shall be made by majority vote of the members.

SEC. 5. (a) Except as provided in subsection (b) of this section, the provisions of this order, including the regulations prescribed thereby, shall be effective immediately.

(b) The Canal Zone Merit System shall be placed in effect on such date as may be specified by the regulations issued under section 2 of this order, but in no event later than January 19, 1959.

DWIGHT D. EISENHOWER THE WHITE HOUSE,

December 10, 1958.

EXECUTIVE ORDER 10795 of June 11, 1952, shall have as members

one representative from each of the folDESIGNATING THE INTERGOVERNMENTAL

lowing-named agencies (hereinafter reMARITIME CONSULTATIVE ORGANIZATION

ferred to as member agencies): the AS A PUBLIC INTERNATIONAL ORGANIZA

Departments of State, the Treasury, Post TION ENTITLED TO ENJOY CERTAIN PRIV

Office, and Commerce, the Federal AviaILEGES, EXEMPTIONS, AND IMMUNITIES

tion Agency, the military departments of By virtue of the authority vested in the Army, Navy, and Air Force, the Civil me by section 1 of the International Or- Aeronautics Board, and the Federal Comganizations Immunities Act, approved munications Commission. The memDecember 29, 1945 (59 Stat. 669), and bers of the Committee shall be desighaving found that the United States nated by the respective heads of the participates in the Intergovernmental member agencies. The member repreMaritime Consultative Organization pur- senting the Federal Aviation Agency suant to the authority of the Convention shall be the Chairman of the Committee. on the Intergovernmental Maritime Con- The Director of the Bureau of the sultative Organization to which the Budget and the Director of the Office United States Senate gave its advice and of Civil and Defense Mobilization shall consent on June 27, 1950, and which the each designate one representative of his President ratified on July 11, 1950 agency as a non-voting member of the (T. I. A. S. 4044), I hereby designate the Committee." Intergovernmental Maritime Consulta

SEC. 2. Executive Order No. 10754 . of tive Organization as a public interna

February 22, 1958 (23 F. R. 1191), is tional organization entitled to enjoy the

hereby revoked. privileges, exemptions, and immunities conferred by the International Organi

DWIGHT D. EISENHOWER zations Immunities Act.

THE WHITE HOUSE, The designation of the Intergov

December 24, 1958. ernmental Maritime Consultative Organization as a public international

EXECUTIVE ORDER 10797 organization within the meaning of the International Organizations Immunities DELEGATING TO THE DIRECTOR OF THE BUAct is not intended to abridge in any REAU OF THE BUDGET CERTAIN AUTHORITY respect privileges, exemptions, and im- VESTED IN THE PRESIDENT BY THE FEDmunities which that organization may ERAL AVIATION ACT OF 1958 have acquired or may acquire by treaty

By virtue of the authority vested in me or congressional action.

by section 301 of title 3 of the United DWIGHT D. EISENHOWER States Code, and as President of the THE WHITE HOUSE,

United States, it is ordered as follows: December 13, 1958.

SECTION 1. There is hereby delegated to

the Director of the Bureau of the Budget EXECUTIVE ORDER 10796

all authority vested in the President by

the last sentence of section 304, and by AMENDMENT OF EXECUTIVE ORDER No. sections 1502 (a) and 1502 (b), of the

10655 RELATING TO THE AIR COORDI- Federal Aviation Act of 1958 (72 Stat. NATING COMMITTEE

749, 810), relating, respectively, (1) to By virtue of the authority vested in

providing, in connection with transfers me as President of the United States, it

of functions made under other provisions is ordered as follows:

of section 304, (i) for appropriate trans

fers of records and property, and (ii) for SECTION 1. Paragraph 1 (a) of Execu- necessary civilian and military personnel tive Order No. 10655 of January 28, 1956 to be made available from any office, de(21 F. R. 665), is amended to read as partment, or other agency from which follows:

transfers of functions are so made; (2) to "1 (a) The Air Coordinating Commit- determining the employees and property tee (hereinafter referred to as the Com- (including office equipment and official mittee), established by Executive Order records) employed by the Civil AeronauNo. 9781 of September 19, 1946, as tics Board in the exercise and performamended by Executive Order No. 10360 ance of those powers and duties which

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