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CHAPTER II-EXECUTIVE ORDERS

THE

EXECUTIVE ORDER 9818 ESTABLISHING PHILIPPINE ALIEN PROPERTY ADMINISTRATION AND DEFINING ITS FUNCTIONS

By virtue of the authority vested in me by the Constitution and statutes, including the Trading with the Enemy Act of October 6, 1917, 40 Stat. 411, as amended, the Philippine Property Act of 1946, 60 Stat. 418, the First War Powers Act, 1941, 55 Stat. 838, as amended, section 1753 of the Revised Statutes, and the Civil Service Act, 22 Stat. 403, and as President of the United States, it is hereby ordered, in the interest of the internal management of the Government, as follows:

1. There is established in the Office for Emergency Management of the Executive Office of the President the Philippine Alien Property Administration, at the head of which shall be a Philippine Alien Property Administrator appointed by the President, without regard to the civil service laws. The Philippine Alien Property Administrator shall receive compensation at such rate as the President shall approve and in addition shall be entitled to actual and necessary transportation, housing: subsistence, and other expenses incidental to the performance of his duties. Within the limitation of such funds as may be made available for that purpose, and without regard to the civil service laws, the Philippine Alien Property Administrator may appoint assistants and other personnel and delegate to them such functions as he may deem necessary to carry out the provisions of this order. Such personnel of the Office of Alien Property, Department of Justice, as are engaged in the exercise of the functions transferred hereunder, may be transferred to the Philippine Alien Property Administration without loss of such civil-service status or eligibility therefor as they may possess. Any employee of a department or agency of the Federal Government who possesses special qualifications or experience of particular use to the Philippine Alien Property Administrator may, upon request by the Philippine

Alien Property Administrator, be transferred with his consent and that of the department or agency in which he is employed, without loss of such civilservice status or eligibility therefor as such person may possess, to a position under the Philippine Alien Property Administrator. Upon application for reemployment made to the original employing department or agency within ninety days after termination of the service of the employee in the position to which he is transferred under the provisions of this section, and upon presentation of a statement by the Philippine Alien Property Administrator or his authorized representatives, reciting the date of termination of such service, that the services of such employee have been satisfactory and that such termination was not the result of delinquency or misconduct on the part of the employee, such employee shall, if qualified to perform the duties of his position, be reemployed in his original position or in a position of like seniority, status and pay, so long as the position the employee left, or one of like seniority, status, and pay is occupied by an employee with lower retention preference.

2. The Philippine Alien Property Administrator is hereby designated to exercise and perform, and there are hereby transferred to him, such rights, privileges, powers, authority, duties and functions, with respect to property located within the Philippines and property transferred pursuant to section 3 hereof, as were vested in or transferred or delegated to the Alien Property Custodian by the Trading with the Enemy Act, as amended, the Philippine Property Act of 1946, Executive Order 9095 of March 11, 1942, as amended, Executive Order 9142 of April 21, 1942,1 and Executive Order 9725 of May 16, 1946.2

3. The Attorney General, or such oficer or agency of the Department of Justice as he may designate, is authorized and directed to transfer to the Philippine Alien Property Administrator all prop

13 CFR Cum. Supp. a3 CFR 1946 Supp.

erty or interests vested in or transferred to him which were located in the Philippines at the time of such vesting or transfer, or the proceeds thereof, subject, however, to such expenses as the Attorney General is authorized to charge against such property or proceeds. Such property or proceeds shall be administered and disposed of under the direction and control of the Philippine Alien Property Administrator in accordance with law.

4. The Philippine Alien Property Administrator shall, except as otherwise agreed to by the Secretary of State, consult with the Secretary of State before vesting any property or interest pursuant to this Executive order.

5. The Attorney General or such oficer or agency of the Department of Justice as he may designate, is authorized and directed to transfer to the Philippine Alien Property Administrator such personnel, records, files, furniture, equipment, and supplies as the Director of the Bureau of the Budget máy determine to be necessary for the performance of the functions hereby transferred, but the Administrator shall reimburse the Attorney General for the furniture, equipment, and supplies so transferred.

6. The Philippine Alien Property Administrator, to the extent permitted by law, is authorized to pay out of any funds or other property or interests vested in him or transferred to him all necessary expenses of the Philippine Alien Property Administration in the performance of the functions hereby transferred : Provided, however, that the Philippine Alien Property Administrator shall submit to the Director of the Bureau of the Budget at such time or times and in such form as the Director shall require, an estimate of general administrative expenses for the remainder of the current fiscal year, and no general administrative expenses authorized to be paid pursuant to this order shall be incurred or paid by the Philippine Alien Property Administrator in excess of the amounts approved by the Bureau of the Budget upon submissions as herein required. All expenses for the current fiscal year shall, in addition, be reported to the Congress as early as practicable, with a request for ratification thereof; and no general administrative expenses shall be incurred or paid by the Philippine Alien Property Administrator after the fiscal year ending June 30, 1947, except pursuant to a

further annual authorization by the Congress.

7. Paragraph 5 of Executive Order 91421 (7F.R. 2985) is amended to the extent that it requires that litigation under the Trading wit the Enemy Act of Octo. ber 6, 1917, as amended, and the Philippine Property Act of 1946, instituted in the courts of the Philippine Islands prior to July 4, 1946, be conducted under the supervision of the Attorney General. In any such litigation the Philippine Alien Property Administrator may appear personally or through attorneys appointed by him.

8. No action taken by or on behalf of the Alien Property Custodian or the Attorney General as his successor under Executive Order 9747 of July 3, 1946,2 shall be challenged on the ground that it was within the jurisdiction of the Philippine Alien Property Administrator.

9. This order supersedes Executive Order 9789 of October 14, 1946,2 entitled “Establishing the Philippine Alien Property Administration and defining its functions."

HARRY S. TRUMAN THE WHITE HOUSE,

January 7, 1947.

EXECUTIVE ORDER 9819

APPOINTMENT OF THE MEMBERS AND THE

ALTERNATE MEMBER OF A MILITARY TRIBUNAL ESTABLISHED FOR THE TRIAL AND PUNISHMENT OF MAJOR WAR CRIMINALS IN GERMANY

By virtue of the authority vested in me by the Constitution and the statutes, and as President of the United States and Commander in Chief of the Army and Navy of the United States, it is ordered as follows:

1. I hereby designate Fitzroy Donald Phillips, Judge of a Superior Court in the State of North Carolina, Robert Morrell Toms, Judge of the Third Judicial Circuit Court, Detroit, Michigan, and Captain Michael A. Musmanno, (S), USNR, 086622, as the members, and John Joshua Speight as the alternate member, of one of the several military tribunals established by the Military Governor for the United States Zone of

13 CFR Cum. Supp. 3 CFR 1946 Supp,

1

Occupation within Germany pursuant to sonnel assigned or detailed from the the quadripartite agreement of the Con- Navy Department shall receive such comtrol Council for Germany, enacted De- pensation and allowances for expenses cember 20, 1945, as Control Council to which they may be entitled by reason Law No. 10, and pursuant to Articles 10 of their military rank and service and and 11 of the Charter of the Interna- as may be payable from appropriations tional Military Tribunal, which Tribunal or funds available to the Navy Departwas established by the Government of ment for such purposes. the United States of America, the Pro

HARRY S. TRUMAN visional Government of the French Republic, the Government of the United THE WHITE HOUSE, Kingdom of Great Britain and Northern

January 10, 1947.
Ireland, and the Government of the
Union of Soviet Socialist Republics, for
the trial and punishment of major war

EXECUTIVE ORDER 9820 criminals of the European Axis. Such

SEGREGATION OF THE FUNCTIONS OF THE members and alternate member may, at

HOUSING EXPEDITER FROM THE FUNCthe direction of the Military Governor of

TIONS OF THE NATIONAL HOUSING ADthe United States Zone of Occupation,

MINISTRATOR serve on any of the several military tribunals above mentioned.

WHEREAS an existing official of the 2. The functions of these Tribunals Government, namely, the National Housbeing essentially military, Captain Mus- ing Administrator, was appointed inimanno will, during the tenure of this tially to serve as Housing Expediter assignment, be subject to War Depart

within the National Housing Agency; ment orders, through the Commanding and General of the European Theater, and WHEREAS the powers, functions, and will retain his status as an officer on the duties of the Housing Expediter under active list of the United States Naval the Veterans' Emergency Housing Act of Reserve.

1946 (approved May 22, 1946) were 3. The members and the alternate merged with the powers, functions, and member herein designated shall receive duties vested in the National Housing such compensation and allowances for Administrator by Executive Order No. expenses as may be determined by the 9070 of February 24, 1942,3 the Lanham Secretary of War and as may be payable

Act of October 14, 1940, and other statfrom appropriations or funds available utes, and have been exercised and perto the War Department for such pur

formed through the Office of the Adminposes, except that Captain Musmanno istrator, National Housing Agency; and shall receive such compensation and al- WHEREAS the Housing Expediter was lowances for expenses to which he may recently appointed as an independent be entitled by reason of his military rank officer of the Government, and it is necand service and as may be payable from

essary that his powers, functions, and appropriations or funds available to the Navy Department for such purposes.

duties be segregated so that they may be

properly exercised and performed by 4. The Secretary of State, the Secre

him: tary of War, the Attorney General, and the Secretary of the Navy are author

NOW, THEREFORE, by virtue of and ized to provide appropriate assistance to

pursuant to the authority vested in me the members and the alternate member by the said Veterans' Emergency Housherein designated in the performance of ing Act of 1946, and as President of the their duties and may assign or detail United States, it is hereby ordered, in such personnel under their respective

the interest of the internal management jurisdictions, including members of the of the Government, as follows: armed forces, as may be requested for 1. All of the powers, functions, and the purpose. Personnel so assigned or duties of the Housing Expediter under detailed shall receive such compensation the Veterans Emergency Housing Act and allowances for expenses as may be of 1946 which were merged with the determined by the Secretary of War and as may be payable from appropriations 1 Noted in Title 24, Chapters VII and VIII, or funds available to the War Depart- infra. ment for such purposes, except that per- 38 CFR Cum. Supp.

may include an amount to provide for the liquidation of obligations incurred against such appropriations, authorizations, allocations, or other funds prior to transfer.

5. All unexpended balances of appropriations, authorizations, allocations, or other funds transferred under this order shall be used only for the respective purposes and in the administration of the respective functions for which such funds were made available.

6. Such further 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 order shall be carried out in such manner as the Director of the Bureau of the Budget may direct and by such agencies as he may designate.

HARRY S. TRUMAN THE WHITE HOUSE,

January 11, 1947.

EXECUTIVE ORDER 9821

powers, functions, and duties of the National Housing Administrator and exercised and performed through the Office of the Administrator, National Housing Agency, are hereby segregated and shall be exercised and performed by the Housing Expediter as an independent officer of the Government.

2. All personnel (as determined by joint certification by the Housing Expediter and the National Housing Administrator) appointed or transferred to positions which were required for the exercise and performance of the powers, functions, and duties of the Housing Expediter, as segregated by paragraph 1 of this order, are hereby transferred to the Office of the Housing Expediter for the exercise and performance of such powers, functions, and duties by the Housing Expediter as an independent officer of the Government: Provided, That with respect to the heads of offices and branches and special assistants in positions allocated to grade P-8 or grade CAF-15 who are engaged in the administration of functions of both the Housing Expediter and the National Housing Administrator, the transfer of any such personnel to the Ofice of the Housing Expediter or their retention in the Office of the National Housing Administrator shall be determined by joint certification by such Expediter and such Administrator. The joint certifications required by this section shall be made within 30 days from the date of this order.

3. All assets, contracts, and property, including office equipment and records, used or held in the administration, exercise, or performance of the powers, functions, and duties of the Housing Expediter, as segregated by paragraph 1 of this order, are hereby transferred to the Office of the Housing Expediter.

4. So much of the unexpended balances of appropriations, authorizations, allocations, or other funds available to the Office of the Administrator, National Housing Agency, for use in connection with the administration, exercise, or performance of the powers, functions, and duties of the Housing Expediter (as segregated by section 1 of this order) as the Director of the Bureau of the Budget shall determine shall be transferred to the Office of the Housing Expediter for use in connection with the said powers, functions, and duties. In determining the amount of funds to be transferred, the Director of the Bureau of the Budget

AMENDING EXECUTIVE ORDER No. 9070 OF

FEBRUARY 24, 1942, CONSOLIDATING THE HOUSING AGENCIES AND FUNCTIONS OF THE GOVERNMENT INTO THE NATIONAL HOUSING AGENCY

By virtue of the authority vested in me as President of the United States, and in the interest of the internal management of the Government, it is hereby ordered as follows:

1. Executive Order No. 9070 of February 24, 1942, consolidating the housing agencies and functions of the Government into the National Housing Agency, is hereby amended by deleting from the first sentence of paragraph 2 the comma and the words "and shall receive a salary of $12,000 a year unless the Congress shall otherwise provide," so that the sentence shall read “The National Housing Administrator shall be appointed by the President, by and with the advice and consent of the Senate."

2. This order shall be effective as of December 15, 1946.

HARRY S. TRUMAN THE WHITE HOUSE,

January 11, 1947.

13 CFR Cum. Supp.

EXECUTIVE ORDER 9822

EXECUTIVE ORDER 9823

DISPOSAL OF CERTAIN FINNISH MERCHANT

VESSELS TO THE FORMER OWNERS THEREOF

DESIGNATING PUBLIC INTERNATIONAL OR

GANIZATIONS ENTITLED TO ENJOY CERTAIN PRIVILEGES, EXEMPTIONS, AND IMMUNITIES 2

WHEREAS the United States Maritime Commission, by virtue of the authority vested in it by Executive Order No. 8771 of June 6, 1941,' took over title to and possession of the M. S. SAIMAA, S. S. AAGOT, S. S. OLIVIA, S. S. ADVANCE, S. S. KUURTANES, and S. S. KOURA, foreign merchant vessels then owned by nationals of Finland and lying idle in waters within the jurisdiction of the United States; and

WHEREAS the Finnish Government has requested that the said vessels be immediately returned to their former owners when the United States shall no longer have need thereof; and

WHEREAS the United States no longer has need of the said vessels:

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 that the United States Maritime Commission, upon execution on behalf of the former owners of the said vessels, or their successors, of an agreement or agreements satisfactory to the Commission providing for offset of the fair and reasonable value of the said vessels at the time of their return from the compensation payable for their taking, is authorized and directed to convey and redeliver the said vessels immediately to the former owners thereof or their successors and to leave to later determination, pursuant to the said agreement or agreements and to the applicable provisions of law, all questions as to the compensation payable to the former owners or their successors by virtue of the said takings for title and as to the amount to be offset against such compensation on account of the fair and reasonable value of said vessels at the time of their return hereunder.

By virtue of the authority vested in me by section 1 of the International Organizations Immunities Act, approved December 29, 1945 (59 Stat. 669), and having found that the United States participates in the following-named international organizations pursuant to a treaty or under the authority of an act of Congress authorizing such participation or making an appropriation therefor, I hereby designate them as public international organizations entitled to enjoy the privileges, exemptions, and immunities conferred by the said Act:

Intergovernmental Committee on Refugees.

International Wheat Advisory Committee (International Wheat Council).

The designation of the above organizations as public international organizations within the meaning of the said International Organizations Immunities Act is not intended to abridge in any respect privileges and immunities which such organizations may have acquired or may acquire by treaty or Congressional action.

This order supplements Executive Orders No. 9698 of February 19, 1946, and No. 9751 of July 11, 1946.3

HARRY S. TRUMAN THE WHITE HOUSE,

January 24, 1947.

EXECUTIVE ORDER 9824

AMENDING EXECUTIVE ORDER No. 9154

OF MAY 1, 1942,1 AUTHORIZING CERTAIN EXCLUSIONS FROM THE OPERATION OF THE CIVIL SERVICE RETIREMENT ACT OF MAY 29, 1930, AS AMENDED 4

By virtue of and pursuant to the authority vested in me by section 3 (b) of the Civil Service Retirement Act of May 29, 1930, 46 Stat. 470, as amended by the act of January 24, 1942, 56 Stat. 15, and

HARRY S. TRUMAN THE WHITE HOUSE,

January 13, 1947.

* Noted in $ 26.2 of Title 5, infra. 33 CFR 1946 Supp,

* E.O. 9154 as amended by this Executive order is set forth in g 29.103 (b) of Title 6, infra.

13 CFR Cum. Supp.

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