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INSERTION IN GOVERNMENT CON

TRACTS OF PROVISION REGARD.
ING DISCRIMINATION
CONSTRUCTION OF EXECUTIVE ORDER 9346

THE WHITE HOUSE, WASHINGTON, November 5, 1943. MY DEAR MR. ATTORNEY GENERAL:

You have brought to my attention the Comptroller General's opinion holding that Executive Order 9346' is directive only and not mandatory in requiring insertion in all Government contracts of a provision obligating the contractor not to discriminate against any employee or applicant for employment on account of race, creed, color, or national origin; and requiring the contractor to include similar contractual provisions in all subcontracts.

There is no need for me to reiterate the fundamental principles underlying the promulgation of the Executive Order,

namely, that the prosecution of the war demands that we utilize fully all avail. able manpower, and that the discrimi. nation by war industries against persons for any of the reasons named in the Order is detrimental to the prosecution of the war and is opposed to our national democratic purposes.

I realize the hesitancy of the Comptroller General to withhold payments on Government contracts in which these provisions have not been included where there is doubt as to whether the Order is mandatory. I therefore wish to make it perfectly clear that these provisions are mandatory and should be incorporated in all Government contracts. The Order should be so construed by all Gove ernment contracting Agencies. Very sincerely yours,

FRANKLIN D ROOSEVELT
Honorable FRANCIS BIDDLE,
The Attorney General,

Washington, D. C.

13 CFR Cum. Supp.

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2588 June 21 State of Michigan, law observance...
2589 July 16 | Migratory Bird Treaty Act, regulations amended.
2590 July 26 Third War Loan Drive.
2591 July 29 Huron, Manistee, Ottawa, Marquette, and Hiawatha

National Forests, Michigan; enlargement.
2592 Aug. 30 Fire Prevention Week.
2593 Sept. 21 Migratory Bird Treaty Act; Michigan, closed Area.
2594 Sept. 27 Capture of Prizes, reciprocity with Canada..
2595 Oct. 5 Columbus Day..
2598
Oct.

9 | Migratory Bird Treaty Act, regulations amended. 2597 Oct. 26 Selective Service, extra registration.. 2598 Oct. 29 Armistice Day... 2599 Nov. 4 Merchandise in General-Order and Bonded Warehouses. 2600

Nov. 11 Thanksgiving Day.... 2001 Nov. 28 Capture of Prizes, reciprocity with India. 2002 Dec. 3 Day of Prayer.

13 13 14 15 16 17 19 19 21 21 22

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9348

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9349

23

9350

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9351

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9352 9353

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June 3 Transportation of household goods and personal effects of

civilian officers and employees.
June 4 Millord Ordnance Company, Inc., Sussex Ordnance Com.

pany, possession relinquished.
June 10 War Shipping Administrator, additional authority con.

ferred.
June 14 Howarth Pivoted Bearings Company at Philadelphia,

Pennsylvania, possession and operation by Secretary of

Navy.
June 15 Alien seaman, entry into the United States.
June 19 Norfork Project, Arkansas and Missouri, electric energy

disposal.
June 23 Economic Stabilization Board, Chairman of Securities

and Exchange Commission designated as member.
June 24 Clothing allowances to enlisted men of the Navy, Coast

Guard, Naval Reserve, Coast Guard Reserve, amend

ment effective Aug. 5, 1942.
June 24 Clothing allowances to enlisted personnel of the Navy,

Coast Guard, Naval Reserve, Coast Guard Reserve,

effective July 1, 1943.
June 30 Public Works Administration, functions transferred to

Federal Works Administrator.

9334

27

9355

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9356

28

9357

30

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1943 9358 July 1 Board of Legal Examiners, functions provided... 9359 July 1 Canal Zone, suspension of certain statutes relating to em

ployment. 9360 July 7 Eight-hour law, suspension as to laborers and mechanics

of the Interior Department on public works within the

United States. 9361 July 15 Office of War Mobilization, fanctions and provisions for

unification of foreign economic affairs supplemented. 9362 July 21 Federal Communications Commission, certain land trans

ferred to the jurisdiction of the Navy Department. 9363 July 23 Court-martial cases, redistribution of functions of the

Secretary of War and Judge Advocate General. 9364 | July 26 Women's Army Corps, strength prescribed... 9365 July 29 Women's Army Corps Service Medal, establishment. 9366 July 30 Denison Dam, Grand River Dam, Norfork Dam, opera

tion and disposition of electric energy in Texas, Okla

homa, and Arkansas. 9367 Aug. 4 Examinations, Civil Service and Foreign Service; instruc

tion by Federal employees probibited. 9368 Aug. 9 Eight-hour Law, suspension as to laborers and mechanics

of the Department of Interior on public works in Terri.

tory of Alaska. $369 Aug. 16 Bituminous Coal Consumers' Counsel, affairs liquidated.. 9370 Aug. 16 National War Labor Board, enforcement of directives by

Economic Stabilization Director authorized. 9371 Aug. 24 Annual leave of Government employees, regulations

amended. 9372 Aug. 27 "Alien Enemy" classification, excepting certain persons

for naturalization purposes. 9373 Aug. 30

Denison Dam, Grand River Dam, Norfork Dam, opera

tion and disposition of electric energy in Texas, Okla

homa, Arkansas. 9374 Sept. 3 Coast and Geodetic Survey, Navy Department; personnel

transferred. 9375 Sept. 3

Atlantic Basin Iron Works, Inc., Brooklyn, N. Y., opera

tion and possession by War Shipping Administrator. 9376 Sept. 18 Foreign Service, position reinstated. 9377 Sept. 22

Atlantic Basin Iron Works, Inc., Brooklyn, N. Y., posses

sion relinquished. 9378 Sept. 23 Civil Service Commission, recruitment, placement,

changes in status of personnel, authorization of special

procedures. 9379 Sept. 23

Pacific Electric Railway Company, Los Angeles, Califor

nia, Special Emergency Board established for wage ad

justment. 9380 Sept. 25 ) Foreign Economic Administration, establishment. 9381 Sept. 25 Stabilization of National Economy, amendment. 9382 Sept. 25 Customs Field Organization, changes in Collection Dis

tricts 33 and 26. 9383 Oct. 5 Puerto Rico and the Virgin Islands, Federal civil agencies,

coordination of functions. 9384 Oct. Federal Government, reports to facilitate budgeting ac

tivities. 9385 Oct.

6 Foreign food procurement and development... 9386 Oct. 15 Allowances, quarters and subsistence to enlisted men.. 9387 Oct. 15 Advisory Board on Just Compensation, establishment and

functions. 9388 Oct. 16 Emergency Board, special; established to report on wage

adjustment claims of nonoperating railway employees.

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9389

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9390

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9391

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9392 9393

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9394

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9395 A

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9395B

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9396

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9397

9398

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9399

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1943
Oct. 18 Scientific Research and Development, Coordinator of

Inter-American Affairs, Defense Transportation, Civil.

ian Defense; establishing orders amended.
Oct. 25 Natabala National Forest, certain lands transferred from

Department of Agriculture to Tennessee Valley Author

ity.
Oct. 26 Cherokee National Forest, certain lands transferred from

Department of Agriculture to Tennessee Valley Author

ity.
Oct. 28 War Food Administration, establishing order amended....
Nov. 1 Coal mines, possession and operation by Secretary of In-

terior.
Nov. 4 Civil Service Rules, amendment relating to post masters in

Hawaiian Islands.
Nov. 8 Marine Corps, compensation to enlisted personnel detailed

8S messmen,
Nov. 20 National War Labor Board, alternate public members,

amendment.
Nov. 20 Leather manufacturing plants, Salem, Peabody, and

Danvers, Massachusetts, possession and operation by

Secretary of War.
Nov. 22 Citations to Army units, authorization for issuance by

Secretary of War.
Nov. 22 | Numbering system for Federal accounts relating to indi-

vidual persons.
Nov. 25 Trust periods on Indian lands expiring during calendar

year 1944, extension.
Nov. 25 Remington Rand, Inc., Southport, New York, possession

and operation by Secretary of Navy.
Dec. 3 Los Angeles Shipbuilding and Drydock Corporation,

Los Angeles, California, possession and operation by

Secretary of Navy.
Dec. 7 Eight-hour Law, suspension of; laborers and mechanics of

Department of Agriculture and War Food Adminis

tration.
Dec.
7 Sayers, Dr. R. R., Director of the Bureau of Mines, desig.

nated to act as Under Secretary, First Assistant Secre

tary, or Assistant Secretary of the Interior.
Dec. 13 Leather manufacturing plants, Salem, Peabody, and

Danvers, Massachusetts, possession relinquished.
Dec. 17 Governor of Panama Canal authorized to acquire and dis-

pose of certain property.
Dec. 17 Civil Service Rules, amendment relating to excepted posi-

tions in Farm Credit Administration.
Dec. 17 Necessity Certificates, functions transferred from the Secre-

tary of War and the Secretary of Navy to Chairman of

War Production Board.
Dec. 17 | Foreign Service Regulations of the United States, amend-

ment relating to Tariff of Fees.
Dec. 19 Point Breeze plants, Western Electric Company, Inc.,

Baltimore, Md., operation and possession by Secretary

of War.
Dec. 23 War Manpower Commission, composition altered.
Dec. 23 Selective Service, certain functions of President delegated

to Director
Dec. 23 | Hospitalization and medical care, rates prescribed for de-

pendents of naval personnel and others.
Dec. 27 Railroads, possession and operation by Secretary of War..

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TABLE 3-PRESIDENTIAL DOCUMENTS OTHER THAN PROCLAMATIONS

AND EXECUTIVE ORDERS

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TABLE 4-EXECUTIVE ORDERS ISSUED PURSUANT TO THE FIRST AND

SECOND WAR POWERS ACTS

FIRST WAR POWERS ACT (55 STAT. 838; 50 U.S.C., APP. 601-622)

No.

Date

Subject

Page

31

34

35

9353 June 19 Norfork Project, Arkansas and Missouri, disposal of electric energy.. 9357 June 30 Public Works Administration, functions transferred to Federal Works Administrator. 9361 July 15 Office of War Mobilization, functions and provisions for unification of foreign economic

affairs supplemented. 9363 July 23 Court-martial cases, redistribution of functions of the Secretary of War and Judge Adro

cate General, 9366 July 30 Denison Dam, Grand River Dam, Norfork Dam, operation and disposition of electric

energy in Texas, Oklahoma, and Arkansas. 9373 Aug. 30 Denison Dam, Grand River Dam, Norfork Dam, operation and disposition of electric

energy in Texas, Oklahoma, and Arkansas. 9379 Sept. 23 Pacific Electric Railway Company, Los Angeles, California, Special Emergency Board

established for wage adjustment. 9387 Oct. 15 Advisory Board on Just Compensation, establishment and functions. 9388 Oct. 16 Emergency Board, special; established to report on wage adjustment claims of nonoperat

ing railway employees. 9406 Dec. 17 Necessity Certificates, functions transferred from the Secretary of War and the Secretary

of Navy to Chairman of War Production Board. 9409 Dec. 23 War Manpower Commission, composition altered. 9410 Dec. 23 Selective Service, certain functions of President delegated to Director.

49

61

64

SECOND WAR POWERS ACT (56 STAT. 176; 50 U.S.C., APP. 631-645a)

No.

Date

Subject

Page

9353 June 19 9366 July 30

26 35

Norfork Project, Arkansas and Missouri, disposal of generated electric energy.
Denison Dam, Grand River Dam, and Norfork Dam, operation and disposition of electric

energy (Texas, Oklahoma, Arkansas).
Denison Dam, Grand River Dam, Norfork Dam, operation and disposition of electric

energy (Texas, Oklahoma, Arkansas). Governor of Panama Canal, authorized to acquire and dispose of certain property......

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9404

Dec. 17

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