SECTION 4.9 When an employee is appointed, reappointed, or transferred from one permanent position to another permanent position, without a break in service, his leave account shall be disposed of as follows:

(a) If the position is within the purview of the leave acts of March 14, 1936, the leave account shall be certified to the employing agency for credit or charge to the employee.

(b) If the position to which he is appointed or transferred is not within the purview of the leave acts of March 14, 1936, the employee shall be furnished with a statement of his leave account, and if he is subsequently appointed, reappointed, or transferred to another position within the purview of such acts, the leave shown to be due will be credited to his account.

SECTION 4.10

(a) When an employee is appointed, reappointed, or transferred without a break in service from a permanent position to a temporary position in the same agency, he shall be credited with such leave as may be due him or charged with any unaccrued leave which may have been advanced.

(b) When an employee is appointed, reappointed, or transferred without a break in service from a permanent position to a temporary position in a different agency he shall be furnished with a statement of his leave account and if subsequently he is appointed, reappointed, or transferred without a break in service to a permanent position the amount of leave shown to be due shall be credited to his account.

SECTION 4.11 Temporary employees who subsequently receive permanent appointments without break in service, either in the same or a different department or agency, shall be credited with such leave as may be due them, or charged with any unaccrued leave which may have been advanced.

PART V-ADMINISTRATION

SECTION 5.1 The heads or governing bodies of the various governmental agencies to which this Executive order applies shall be responsible for the proper administration of these regulations so far as they pertain to employees under their respective jurisdictions, and they shall maintain an account of leave for each employee in accordance with methods

prescribed by the Civil Service Commission and approved by the Director of the Bureau of the Budget.

SECTION 5.2 The head or governing body of any governmental agency which has employees who work 24-hour shifts, or other uncommon tours of duty, is authorized to promulgate supplemental regulations consistent with these regulations for administering leave for such employees.

SECTION 5.3 Nothing in these regulations shall be construed to prevent the continuance of any leave differential existing prior to January 1, 1936, for the benefit of employees of the Federal Government stationed without the continental limits of the United States. However, any department may, if it so desires, apply these regulations to employees stationed without the continental limits of the United States, subject to the continuance of such leave differential.

PART VI-EMPLOYEES EXCEPTED SECTION 6.1 These regulations shall not apply to:

(a) Teachers and Librarians of the public schools of the District of Columbia.

(b) Officers and employees of the Panama Canal and the Panama Railroad Co., on the Isthmus of Panama.

(c) Temporary employees engaged on construction work at hourly rates.

(d) The Postmaster General and officers and employees in or under the Post Office Department, except those serving in the departmental service and in the Mail Equipment Shops.

(e) Employees not required to be continuously employed during regular tour of duty, such as (1) per diem or per hour employees engaged in an emergency who may be employed for more than one 7or 8-hour shift within 24 hours during the emergency; (2) part-time or intermittent employees; (3) persons engaged under contract; (4) employees engaged temporarily for less than a month on a piece-price basis; (5) employees who are paid at hourly rates but who are not engaged on construction work, such as mechanics, skilled laborers, and others engaged in various services on maintenance, repair, clean-up work, etc., where employment is more or less intermittent and not on a regular and continuous basis; (6) consultants employed and paid on the basis of "when actually employed"; and (7) employees paid on a

fee basis, such as physicians, surgeons, and other consultants.

(f) Alien and native labor employed outside the continental limits of the United States: Provided, that the head or governing body of any governmental agency which employs alien and native labor outside the continental limits of the United States may promulgate regulations governing the granting of leave to such employees.

SECTION 6.2 The regulations contained herein relating to sick leave shall not apply to officers and members of the Police and Fire Departments of the District of Columbia other than civilian personnel.

PART VII-AMendments; EFFECTIVE DATE;

PUBLICATION

SECTION 7.1 By virtue of the authority vested in me by the First War Powers Act, 1941, (55 Stat. 838), it is hereby ordered that, for the period of the war, the Civil Service Commission is authorized to promulgate amendments to these regulations.

SECTION 7.2 This order shall supersede Executive Orders No. 8384 2 and No. 83852 of March 29, 1940, No. 93072 of March 3, 1943, and No. 93713 of August 24, 1943, and shall be effective as of January 1, 1944.

SECTION 7.3 This order shall be published in the FEDERAL REGISTER.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

January 13, 1944.

EXECUTIVE ORDER 9415 [Transfer of certain personnel of Coast and Geodetic Survey to War Department; January 20, 1944; not published.]

EXECUTIVE ORDER 9416 AUTHORIZING THE SECRETARY OF THE NAVY TO TAKE POSSESSION OF AND OPERATE THE PLANTS OF YORK SAFE & LOCK COMPANY, YORK COUNTY, PENNSYLVANIA

WHEREAS York Safe & Lock Company has entered into contracts with the War Department and the Navy Department for the manufacture of war materials essential to the prosecution of the war and has been provided by the Government with extensive facilities for the performance of said contracts; and

23 CFR Cum. Supp. 83 CFR 1943 Supp.

WHEREAS it is deemed essential that the plants of York Safe & Lock Company, located in York County, Pennsylvania, be taken over for use and operation by the United States of America in order that they may be effectively operated in the manufacture of such war materials:

NOW, THEREFORE, I, Franklin D. Roosevelt, pursuant to the powers vested in me by the Constitution and laws of the United States, including Section 9 of the Selective Training and Service Act of 1940, as amended, as President of the United States and Commander in Chief of the Army and Navy of the United States, hereby authorize and direct the Secretary of the Navy immediately to take possession of and operate the plants and facilities of York Safe & Lock Company located in York County, Pennsylvania, in order to produce effectively essential war material required by the United States and to do all things necessary and incidental to that end.

The Secretary of the Navy may exercise the authority herein conferred through and with the aid of such person or persons, corporations or instrumentalities as he may designate and may select and hire such employees and agents including a competent civilian adviser on industrial relations, as are necessary to carry out the operation of this order and in furtherance of the purposes of this order the Secretary of the Navy may exercise any existing contractual or other existing rights of said company incident to the operation of said plants and take such other steps as may be necessary or desirable.

Possession of the premises referred to under this order will be terminated by the President within 60 days after he determines that such plants will be operated privately in a manner consistent with the war effort.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

January 21, 1944.

EXECUTIVE ORDER 9417 ESTABLISHING A WAR REFUGEE BOARD

WHEREAS it is the policy of this Government to take all measures within its power to rescue the victims of enemy oppression who are in imminent danger of death and otherwise to afford such victims all possible relief and assistance consistent with the successful prosecution of the war;

NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and the statutes of the United States, as President of the United States and as Commander in Chief of the Army and Navy, and in order to effectuate with all possible speed the rescue and relief of such victims of enemy oppression, it is hereby ordered as follows:

1. There is established in the Executive Office of the President a War Refugee Board (hereinafter referred to as the Board). The Board shall consist of the Secretary of State, the Secretary of the Treasury and the Secretary of War. The Board may request the heads of other agencies or departments to participate in its deliberations whenever matters specially affecting such agencies or departments are under consideration.

2. The Board shall be charged with the responsibility for seeing that the policy of the Government, as stated in the Preamble, is carried out. The functions of the Board shall include without limitation the development of plans and programs and the inauguration of effective measures for (a) the rescue, transportation, maintenance and relief of the victims of enemy oppression, and (b) the establishment of havens of temporary refuge for such victims. To this end the Board, through appropriate channels, shall take the necessary steps to enlist the cooperation of foreign governments and obtain their participation in the execution of such plans and programs.

3. It shall be the duty of the State, Treasury and War Departments, within their respective spheres, to execute at the request of the Board, the plans and programs so developed and the measures so inaugurated. It shall be the duty of the heads of all agencies and departments to supply or obtain for the Board such information and to extend to the Board such supplies, shipping and other specified assistance and facilities as the Board may require in carrying out the provisions of this Order. The State Department shall appoint special attaches with diplomatic status, on the recommendation of the Board, to be stationed abroad in places where it is likely that assistance can be rendered to war refugees, the duties and responsibilities of such attaches to be defined by the Board in consultation with the State Department. 4. The Board and the State, Treasury and War Departments are authorized to

accept the services or contributions of any private persons, private organizations, State agencies, or agencies of foreign governments in carrying out the purposes of this Order. The Board shall cooperate with all existing and future international organizations concerned with the problems of refugee rescue, maintenance, transportation, relief, rehabilitation, and resettlement.

5. To the extent possible the Board shall utilize the personnel, supplies, facilities and services of the State, Treasury and War Departments. In addition the Board, within the limits of funds which may be made available, may employ necessary personnel without regard for the Civil Service laws and regulations and the Classification Act of 1923, as amended, and make provisions for supplies, facilities and services necessary to discharge its responsibilities. The Board shall appoint an Executive Director who shall serve as its principal executive officer. It shall be the duty of the Executive Director to arrange for the prompt execution of the plans and programs developed and the measures inaugurated by the Board, to supervise the activities of the special attaches and to submit frequent reports to the Board on the steps taken for the rescue and relief of war refugees.

6. The Board shall be directly responsible to the President in carrying out the policy of this Government, as stated in the Preamble, and the Board shall report to him at frequent intervals concerning the steps taken for the rescue and relief of war refugees and shall make such recommendations as the Board may deem appropriate for further action to overcome any difficulties encountered in the rescue and relief of war refugees. FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

January 22, 1944

EXECUTIVE ORDER 9418

AUTHORIZING THE WAR FOOD ADMINISTRATION TO PLACE ORDERS WITH OTHER AGENCIES FOR MATERIALS OR SERVICES TO BE OBTAINED BY CONTRACT OR OTHERWISE

By virtue of the authority vested in me by the Constitution and the Statutes of the United States, particularly by Title I of the First War Powers Act, 1941, as President of the United States and as

Commander in Chief of the Army and Navy, it is hereby ordered as follows:

The functions, powers, and duties, with respect to placing orders for materials, supplies, equipment, work, or services, of any kind that any requisitioned Federal agency may be in a position to supply, or to render or to obtain by contract, which are vested in the War Department, Navy Department, Treasury Department, Civil Aeronautics Administration, and the Maritime Commission under section 7 (a) of the act of May 21, 1920 (41 Stat. 613), as amended by section 601 of the act of June 30, 1932 (47 Stat. 417), and the act of July 20, 1942 (56 Stat. 661, 31 U.S.C., 686) may be exercised also by the War Food Administration, and by any constituent agency or corporation thereof designated by the War Food Administrator. Any provision of any Executive order or proclamation conflicting with this order is superseded to the extent of such conflict.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

January 29, 1944

EXECUTIVE ORDER 9419

BRONZE STAR MEDAL

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

There is hereby established the Bronze Star Medal, with accompanying ribbons and appurtenances, for award to any person who, while serving in any capacity in or with the Army, Navy, Marine Corps, or Coast Guard of the United States on or after December 7, 1941, distinguishes, or has distinguished, himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military or naval operations against an enemy of the United States.

The Bronze Star Medal and appurtenances thereto shall be of appropriate design approved by the Secretary of War and the Secretary of the Navy, and may be awarded by the Secretary of War, or the Secretary of the Navy, or by such commanding officers of the Army, Navy, Marine Corps, or Coast Guard as the said Secretaries may respectively designate. Awards shall be made under such regulations as the said Secretaries shall sev

erally prescribe, and such regulations shall, so far as practicable, be of uniform application.

No more than one Bronze Star Medal shall be awarded to any one person, but for each succeeding heroic or meritorious achievement or service justifying such an award a suitable device may be awarded to be worn with the medal as prescribed by appropriate regulations. The Bronze Star Medal or device may be awarded posthumously, and, when so awarded, may be presented to such representative of the deceased as may be designated in the award.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

February 4, 1944

EXECUTIVE ORDER 9420 AUTHORIZING THE SECRETARY OF WAR TO TAKE POSSESSION OF AND OPERATE THE PLANTS AND FACILITIES OF THE ARKWRIGHT CORPORATION, BERKSHIRE FINE SPINNING ASSOCIATES, INC., BORDER CITY MANUFACTURING COMPANY, BOURNE MILLS, HOWARD ARTHUR MILLS, RICHARD BORDEN MANUFACTURING COMPANY, AND SAGAMORE MANUFACTURING COMPANY, IN AND ABOUT FALL RIVER, MASSACHUSETTS WHEREAS after investigation I find and proclaim that as a result of a labor disturbance there is an interruption of the operation of the plants and facilities of the Arkwright Corporation, Berkshire Fine Spinning Associates, Inc., Border City Manufacturing Company, Bourne Mills, Howard Arthur Mills, Richard Borden Manufacturing Company, and Sagamore Manufacturing Company, in and about Fall River, Massachusetts, and that the war effort is being and will be unduly impeded or delayed by this interruption:

NOW, THEREFORE, by virtue of the power and authority vested in me by the Constitution and laws of the United States, particularly the War Labor Disputes Act of June 25, 1943 (Public Law, 78th Cong.), as President of the United States and Commander in Chief of the Army and Navy of the United States, it is hereby ordered as follows:

1. The Secretary of War is hereby authorized to take possession of the plants and facilities of the companies hereinafter named, and to the extent deemed desirable by him of any additional textile plants, facilities or installations situated

in and about Fall River, Massachusetts, and the territory adjacent thereto, which are used or operated by the hereinafternamed companies in connection with the plants and facilities of the said companies and in which strikes have occurred or are threatened, together with any real or personal property, tangible or intangible, franchises, rights and other assets used in connection with the operation thereof; and to operate or arrange for the operation of such plants, facilities and installations in such manner as he deems necessary for the successful prosecution of the war, and to do all things necessary for or incidental to the production, sale and distribution of the products thereof:

Arkwright Corporation

Berkshire Fine Spinning Associates, Inc. Border City Manufacturing Company Bourne Mills

Howard Arthur Mills

Richard Borden Manufacturing Company
Sagamore Manufacturing Company

2. In carrying out this order, the Secretary of War may act through or with the aid of such public or private instrumentalities or persons as he may designate. All federal agencies, including but not limited to the War Manpower Commission, the National Selective Service System, and the Department of Justice, are directed to cooperate with the Secretary of War to the fullest extent possible in carrying out the purposes of this order.

3. The Secretary of War shall permit the managements of the plants, facilities, and installations taken under the provisions of this order to continue with their managerial functions to the maximum degree possible consistent with the aims of this order.

4. The Secretary of War shall operate the plants under the terms and conditions of employment which are in effect at the time possession of the plants mentioned herein is taken, subject to the provisions of section 5 of the War Labor Disputes Act.

5. The Secretary of War is authorized to take such action, if any, as he may deem necessary or desirable to provide protection for the plants and all persons employed or seeking employment therein, and their families and homes.

6. Possession, control and operation of any plant or facilities, or parts thereof, taken under this order, shall be terminated by the Secretary of War within

sixty days after he determines that the productive efficiency of the plants has been restored to the level prevailing prior to the interruption of production referred to in the recitals of this order. FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

February 7, 1944.

EXECUTIVE ORDER 9421

DESIGNATING THE CHAIRMAN OF THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM

By virtue of and pursuant to the authority vested in me by section 10 of the Federal Reserve Act (38 Stat. 260), as amended by section 203 (a) of the Act of August 23, 1935 (49 Stat. 704), I hereby designate Marriner S. Eccles as Chairman of the Board of Governors of the Federal Reserve System, to serve as such for a term of four years effective February 1, 1944.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

February 8, 1944.

EXECUTIVE ORDER 9422 RATIFYING THE USE BY THE ARMY AIR FORCES OF CERTAIN OPTICAL GLASS

By virtue of the authority vested in me by section 4 of the act of June 7, 1939, 53 Stat. 811, and as President of the United States, it is ordered as follows:

The use by the Army Air Forces of 6,120.25 pounds of optical glass acquired by the Procurement Division of the Treasury Department pursuant to the said act, and stored in the custody of the Army Air Forces, is hereby ratified and approved.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

February 9, 1944.

EXECUTIVE ORDER 9423 TRANSFER OF THE WAR RELOCATION AUTHORITY TO THE DEPARTMENT OF THE INTERIOR

By virtue of the authority vested in me by the Constitution and Statutes, including the First War Powers Act, 1941, as President of the United States, it is hereby ordered as follows: 1

1 Noted in Title 32, Chapter I, infra.