a written statement of his reasons for taking such appeal. §627.2 State Directors who may appeal to the President. When a registrant's case has been reviewed by an appeal board of a State other than the State in which the local board which classified the registrant is located, either the State Director of Selective Service of the State in which the classifying local board is located or the State Director of Selective Service of the State in which the appeal board is located may appeal to the President from the determination of the appeal board if he deems it to be in the national interest or necessary to avoid an injustice. § 627.3 Appeal to President. The registrant, any person who claims to be a dependent of the registrant, or any person who prior to the classification appealed from filed a written request for the current occupational deferment of the registrant, at any time within 10 days after the mailing by the local board of the Notice of Classification (SSS Form No. 110) notifying the registrant that the local board classification has been affirmed or changed, may appeal to the President if the registrant was classified by the appeal board in either Class I-A or Class I-A-O and one or more members of the appeal board dissented from such classification. The local board may permit any person who is entitled to appeal to the President under this section to do so, even though the 10 day period herein provided for such an appeal has elapsed, if it is satisfied that the failure of such person to appeal within such 10 day period was due to a lack of understanding of the right to appeal or to some other cause beyond the control of such person. § 627.4 How appeal to the President is taken. An appeal to the President under the provisions of § 627.3 shall be taken by filing with the local board a written notice of appeal. Such notice need not be in any particular form but must state the name of the registrant and the name and identity of the person appealing so as to show the right of appeal, and the fact that such person wishes the President to review the determination of the appeal board. §627.5 Procedure on appeal to the President. (a) When an appeal to the President is taken, the local board shall (1) notify the registrant that such an appeal has been taken; (2) if the registrant's file is in its possession, forward the entire file to the State Director of Selective Service; and (3) enter on the Classification Record (SSS Form No. 102) under "Remarks" the date the file is forwarded or the date it receives notice that an appeal to the President has been taken. (b) When an appeal to the President is taken, the State Director of Selective Service shall check the file which is in his possession or which is forwarded to him to be sure that all procedural requirements have been properly complied with, including notice to the registrant that such an appeal has been taken, and, if he discovers any procedural defects, return the file for correction. If any Information has been placed in the file which was not considered by the local board in making the classification from which the appeal to the President is taken, the State Director of Selective Service shall review such information and, if he is of the opinion that such information, if true, would justify a different classification of the registrant, return the file to the local board with instructions to reopen the registrant's classification and classify the registrant anew. (c) When the State Director of Selective Service has complied with the provisions of paragraph (b) of this section, he shall, unless the file is returned to the local board, forward the file to the Director of Selective Service. § 627.6 File to be returned after appeal to the President is decided. When the appeal to the President has been decided, the file shall be returned to the local board through the appropriate State Director of Selective Service. §627.7 Procedure of local board when appeal to the President is returned. When the file of the registrant is received by the local board, it shall: (a) Mail a Notice of Classification (SSS Form No. 110) to the registrant and mail a Classification Advice (SSS Form No. 111) to every person who has on file a written request for the current deferment of the registrant. (b) Enter in the Classification Record (SSS Form No. 102) the date of the mailing of such Notice of Classification (SSS Form No. 110) and on the Classification Questionnaire (SSS Form No. 100), under "Minutes of Actions by Local Board and Appeal Board," the date of mailing such Classification Advice (SSS Form No. 111). (c) If the classification of the registrant by the appeal board has been changed, enter the new classification in the Classification Record (SSS Form No. 102) and, with red ink, draw a line through the appeal board classification. § 627.8 Appeal to the President postpones induction. A registrant shall not be inducted during the time an appeal to the President is pending. 2. (a) There is hereby created and established within the Selective Service System a civilian agency of appeal which shall be known as the National Selective Service Appeal Board, hereinafter referred to as the National Board. The National Board shall consist of three members who shall be appointed by the President from among citizens of the United States who are not members of the armed forces, one of whom shall be designated by the President as the chair man. (b) The National Board is authorized and directed to perform all the functions and duties vested in the President by Title I of the Selective Service Act of 1948 that relate to appeals from the determinations of other appeal boards of the Selective Service System, including particularly the functions and duties of the President under that sentence of section 19 (b) (3) of said Act which reads as follows: "The President, upon appeal or upon his own motion, shall have power to determine all claims or questions with respect to inclusion for, or exemption or deferment from training and service under this title, and the determination of the President shall be final." (c) The National Board shall be in all respects independent of the Director of Selective Service (except as provided in paragraphs (d) and (e) below). (d) The Director of Selective Service and the National Board shall each furnish to the other such information and assistance as will further the attainment of the objectives of Title I of the Selective Service Act of 1948 and promote the effective administration of such title. (e) Each member of the National Board shall (1) devote so much time to the affairs of the National Board as its responsibilities may require, (2) be compensated on a when actually employed EXECUTIVE ORDER 9989 TRANSFERRING JURISDICTION OVER BLOCKED ASSETS TO THE ATTORNEY GENERAL WHEREAS with the successful termination of hostilities, there has been a gradual release from control by the Treasury Department over foreign property and interests which had been blocked to prevent their looting by the Axis and their use in ways harmful to the war effort of the United States; and WHEREAS certain of such foreign property and interests have not yet been unblocked; and WHEREAS it is now necessary and desirable to place the jurisdiction over the assets remaining blocked on September 30, 1948, in the same agency which is administering the program of alien property control initiated under Executive Order No. 9095 of March 11, 1942,1 as amended, which program is presently being administered by the Attorney General: NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and the laws of the United States, including the Trading With the Enemy Act of October 6, 1917, as amended, and as President of the United States, it is hereby ordered as follows: 1. The Attorney General is hereby authorized and directed to take such action as he may deem necessary with respect to any property or interest of any nature whatsoever in which any foreign country designated in Executive Order No. 8389 of April 10, 1940, as amended, or any national thereof has any interest (including property subject to the proviso of paragraph (a) of General License No. 94, as amended (31 CFR, 1947 Supp., 131.94), and including any Scheduled Securities within the meaning of Gen 13 CFR, 1943 Cum. Supp. eral Ruling No. 5, as amended (31 CFR, 1947 Supp., 131, App. А), both issued by the Secretary of the Treasury) which on September 30, 1948, is not unblocked or otherwise removed from the restrictions of the saia Executive Order No. 8389, as amended, by any order, regulation, ruling, instruction, license, or other action issued or taken by the Secretary of the Treasury. In the performance of his duties under this order, the Attorney General or any officer, person, agency, or instrumentality designated by him, may exercise all powers and authority vested in the President by sections 3 (a) and 5 (b) of the Trading With the Enemy Act, as amended. As used herein, the terms "national" and "foreign country" shall have the meanings prescribed in Executive Order No. 8389, as amended. 2. With respect to the property and interests referred to in section 1 hereof, all orders, regulations, rulings, instructions, or licenses issued by the Secretary of the Treasury under the authority of Executive Order No. 8389, as amended, and Executive Order No. 9095, amended, and in force on September 30, 1948, shall continue in full force and effect except as amended, modified, or revoked by the Attorney General. as 3. It is the policy of this order that administrative action under paragraph 1 hereof shall be taken by the Attorney General or any officer, person, agency, or instrumentality designated by him. However, nothing in this order shall be deemed to limit or remove any powers heretofore conferred upon the Secretary of the Treasury or the Attorney General by statute or by Executive order. No person affected by any order, regulation, ruling, instruction, license, or other action issued or taken by either the Secretary of the Treasury or the Attorney General may challenge the validity thereof or otherwise excuse his actions, or failure to act, on the ground that pursuant to the provisions of this Executive order, such order, regulation, ruling, instruction, license, or other action was within the jurisdiction of the Attorney General rather than the Secretary of the Treasury or vice versa. 4. This order shall become effective as of midnight, September 30, 1948. THE WHITE HOUSE, HARRY S. TRUMAN August 20, 1948. EXECUTIVE ORDER 9990 ENLARGING THE MEMBERSHIP OF THE AIR COORDINATING COMMITTEE TO INCLUDE A REPRESENTATIVE OF THE TREASURY DEPARTMENT By virtue of the authority vested in me as President of the United States, it is hereby ordered that the membership of the Air Coordinating Conimittee, established by Executive Order No. 9781 of September 19, 1946,1 be, and it is hereby, enlarged to include a representative of the Treasury Department who shall be designated by the Secretary of the Treasury, and the provisions of the said order shall hereafter be applicable to the Treasury Department to the same extent as they are applicable to the participating agencies named in paragraph 1 of such order. THE WHITE HOUSE, HARRY S. TRUMAN August 21, 1948. EXECUTIVE ORDER 9991 CREATING AN EMERGENCY BOARD TO INVESTIGATE A DISPUTE BETWEEN THE PITTSBURGH & WEST VIRGINIA RAILWAY COMPANY AND CERTAIN OF ITS EMPLOYEES WHEREAS a dispute exists between the Pittsburgh & West Virginia Railway Company, a carrier, and certain of its employees represented by the Brotherhood of Railroad Trainmen, a labor organization; and WHEREAS this dispute has not heretofore been adjusted under the provisions of the Railway Labor Act, as amended; and WHEREAS this dispute, in the judgment of the National Mediation Board, threatens substantially to interrupt interstate commerce within the States of Ohio and Pennsylvania to a degree such as to deprive those states of essential transportation service: NOW, THEREFORE, by virtue of the authority vested in me by section 10 of the Railway Labor Act, as amended (45 U. S. C. 160), I hereby create a board of three members, to be appointed by me, to investigate the said dispute. No member of the said board shall be pecuniarily or otherwise interested in any organization of railway employees or any carrier. The board shall report its findings to the President with respect to the said 13 CFR, 1946 Supp. dispute within thirty days from the date of this order. As provided by section 10 of the Railway Labor Act, as amended, from this date and for thirty days after the board has made its report to the President, no change, except by agreement, shall be made by the Pittsburgh & West Virginia Railway Company or its employees in the conditions out of which the said dispute arose. HARRY S. TRUMAN THE WHITE HOUSE, August 26, 1948. EXECUTIVE ORDER 9992 AMENDING THE SELECTIVE SERVICE By virtue of the authority vested in me by title I of the Selective Service Act of 1948, approved June 24, 1948 (62 Stat. 604), I hereby prescribe the following amendments of the Selective Service Regulations prescribed in part by Executive Order No. 9979 of July 20, 1948,1 and in part by Executive Order No. 9988 of August 20. 1948, and constituting portions of Chapter VI of Title 32 of the Code of Federal Regulations: 1. Section 604.1 of Part 604, Selective Service Officers, is amended by adding a new paragraph (h) at the end thereof reading as follows: (h) To purchase such printing, binding, and blankbook work from public, commercial, or private printing establishments or binderies upon orders placed by the Public Printer or upon waivers issued in accordance with section 12 of the Printing Act approved January 12, 1895, as amended, and to obtain by purchase, loan, or gift such equipment and supplies for the Selective Service System, as he may deem necessary to carry out the functions of the Selective Service System, with or without advertising or formal contract. 2. The table of contents of Part 611, Duty and Responsibility to Register, is amended by adding at the end thereof the following: "611.11 Aliens who are not required to register." 3. The following new section is added to Part 611 immediately following § 611.6: § 611.11 Aliens who are not required to register. (a) A male alien who is now 1 Supra. in or who hereafter enters the United States and who has not declared his intention to become a citizen of the United States shall not be required to be registered under section 3 of title I of the Selective Service Act of 1948 and shall be relieved from liability for training and service under section 4 (b) of said Act provided: (1) He is a foreign diplomatic representative, a technical attaché of a foreign embassy or legation, a consul general, a consul, a vice consul, or a consular agent of a foreign country, or a member of the family of any person mentioned in this subparagraph; (2) He is a full time official or employee of a foreign government who is a national of the country employing him and who has been notified to the Department of State, or a member of the family of such official or employee; (3) He is a full time official or employee of a public international organization which has been designated by the President under the provisions of the International Organizations Immunities Act, approved December 29, 1945 (59 Stat. 669), or a member of the family of any such person; (4) He is a person who has entered the United States and remains therein pursuant to the provisions of section 11 of the Agreement between the United Nations and the United States of America Regarding the Headquarters of the United Nations as approved in Public Law 357, 80th Congress, approved August 4, 1947; or (5) He is a member of a group of persons who have been temporarily admitted to the United States under an arrangement with the government of the country of which they are nationals, or an appropriate agency thereof, for seasonal or temporary employment, and continues to be employed in the work for which he was admitted. (b) Each alien who is in one of the categories described in subparagraphs (1), (2), (3), (4), or (5) of paragraph (a) must have in his personal possession, at all times, an official document issued pursuant to the authorization of or described by the Director of Selective Service which identifies him as a person not required to present himself for and submit to registration. 4. The table of contents of Part 621, Preparation for Classification, is amended by adding at the end thereof the following: "621.16 Permit to leave the United States." 5. The following new section is added to Part 621 immediately following § 621.15: § 621.16 Permit to leave the United States. Local boards are authorized to issue to a registrant a Permit of the Local Board for Registrant to Depart from the United States (SSS Form No. 300) and should issue the permit unless it is found that the registrant's absence is likely to interfere with the performance of his obligations under the Selective Service Act of 1948. Before determining whether a permit should be issued, the local board may require the registrant to complete and file his Classification Questionnaire (SSS Form No. 100) and such other forms and information as may be necessary to complete his classification. The local board may thereupon classify the registrant if it appears necessary to a determination of the advisability of issuing the permit. 6. Section 622.18 of Part 622, Classification Rules and Principles, is amended to read as follows: §622.18 Class IV-C: Aliens. (a) In Class IV-C shall be placed any registrant who is an alien and who has not declared his intention to become a citizen of the United States and who (1) Has entered the United States for a specific temporary purpose which would normally be concluded within six months, has not been gainfully employed during his stay in the United States, and continues to pursue the purpose for which he entered; or (2) Has, under requirements mutually agreeable to the Secretary of State, the Commissioner of Immigration and Naturalization, and the Director of Selective Service, entered the United States temporarily for the purpose of study, teaching, practical training, or research in agriculture, industry, commerce, public health, education, or in related fields, and continues to satisfactorily pursue such endeavor. (b) In Class IV-C shall be placed any registrant who is an alien and who has not declared his intention to become a citizen of the United States and who is a national of a country with which there is in effect a treaty or international agreement exempting nationals of that country from military service while they are within the United States and for whom an application for deferment has been communicated to the Department of State by the government of that country and has been approved by the Department of State. (c) In Class IV-C shall be placed any registrant who is an alien and who, prior to his induction, has made application to be relieved from liability for training and service in the armed forces of the United States by filing with the local board an Application by Alien for Relief from Military Service (SSS Form No. 130), executed in duplicate. The local board shall forward the original of such form to the Director of Selective Service through the State Director of Selective Service and shall retain the duplicate in the registrant's Cover Sheet (SSS Form No. 101). (d) In Class IV-C shall be placed any registrant who is an alien and because of his nationality is within a class of persons not acceptable to the armed forces of the United States for training and service. (e) In Class IV-C shall be placed any registrant who is an alien and has departed from and is no longer residing in the United States. Such alien shall be placed in Class IV-C even though he is a delinquent but this classification shall in no way relieve him from liability for prosecution for violation of the selective service law. If any registrant so classified under this paragraph returns to the United States to reside therein, his classification shall be reopened and he shall be classified anew. THE WHITE HOUSE, HARRY S. TRUMAN August 28, 1948. EXECUTIVE ORDER 9993 REGULATIONS RELATING TO COMMISSIONED OFFICERS AND EMPLOYEES OF THE PUBLIC HEALTH SERVICE 1. Regulations prescribed. By virtue of the authority vested in me by the Public Health Service Act, approved July 1, 1944 (58 Stat. 682), as amended, and as President of the United States, I hereby prescribe the following regulations relating to commissioned officers and employees of the Public Health Service which shall constitute Subparts A through N, inclusive, of Part 21, and §§ 22.1 and 22.2 of Part 22 of Chapter I |