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MILITARY ORDER OF JANUARY 11,
1945 GOVERNING THE ESTABLISHMENT OF MILI
TARY COMMISSIONS FOR THE TRIAL OF CERTAIN OFFENDERS AGAINST THE LAW OF WAR, AND GOVERNING THE PROCEDURE FOR SUCH COMMISSIONS
By virtue of the authority vested in me as President and as Commander in Chief of the Army and Navy, under the Constitution and statutes of the United States, and more particularly the ThirtyEighth Article of War (10 U.S.C. 1509), it is ordered as follows:
1. All persons who are subjects, citizens or residents of any nation at war with the United States or who give obedience to or act under the direction of any such nation, and who during time of war enter or attempt to enter the United States or any territory or possession thereof, through coastal or boundary defenses, and are charged with committing or attempting or preparing to commit sabotage, espionage, hostile or warlike acts, or violations of the law of war, shall be subject to the law of war and to the jurisdiction of military tribunals. The commanding generals of the several service and defense commands in the continental United States and Alaska, under the supervision of the Secretary of War, are hereby empowered
to appoint military commissions for the trial of such persons.
2. Each military commission so established for the trial of such persons shall have power to make and shall make, as occasion requires, such rules for the conduct of its proceedings, consistent with the powers of military commissions under the Articles of War, as it shall deem necessary for a full and fair trial of the matters before it: Provided, that
(a) Such evidence shall be admitted as would, in the opinion of the president of the commission, have probative value to a reasonable man;
(b) The concurrence of at least twothirds of the members of the commission present at the time the vote is taken shall be necessary for a conviction or sentence;
(c) The provisions of Article 70 of the Articles of War, relating to investigation and preliminary hearings, shall not be deemed to apply to the proceedings;
(d) The record of the trial, including any judgment or sentence, shall be promptly reviewed under the procedures established in Article 5012 of the Articles of War.
FRANKLIN D ROOSEVELT THE WHITE HOUSE,
January 11, 1945.
MILITARY ORDER OF JUNE 29, 1946
ORGANIZED MILITARY FORCES
GOVERNMENT OF THE COMMONWEALTH OF THE PHILIPPINES RELEASED FROM THE SERVICE OF THE ARMED FORCES OF THE UNITED STATES
Under and by virtue of the authority vested in me by the Constitution of the United States, by section 2 (a) (12) of the Philippine Independence Act of March 24, 1934 (48 Stat. 457), and by the corresponding provision of the Ordinance appended to the Constitution of the Commonwealth of the Philippines, and as Commander in Chief of the Army and Navy of the United States, I hereby
MILITARY ORDER OF OCTOBER 18,
1948 REVOCATION OF MILITARY ORDER OF JULY
5, 1939 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, Military
Order of July 5, 1939 (F. R. Doc. 39–2434, filed July 6, 1939,"4 F. R. 2786), is hereby revoked effective upon the date of this order.
HARRY S. TRUMAN,
Commander-in-Chief. THE WHITE HOUSE,
October 18, 1948.
REGULATION OF SEPTEMBER 19,
1945 REGULATIONS FOR GRANTING ADDITIONAL
WITHIN-GRADE SALARY ADVANCEMENTS
Pursuant to subsections (f) and (g) of section 7 of the Classification Act of 1923, as amended by sections 403 and 404 of the Federal Employees Act of June 30, 1945 (Public Law 106, 79th Congress, Chapter 212, 1st Session), and to section 605 of the Federal Employees Pay Act of 1945, regulations are promulgated below.
SECTION 1. Employees to whom these regulations apply. These regulations apply to any officer or employee, except those in positions required to be filled by appointments by the President, by and with the advice and consent of the Senate, who (a) is compensated on a per annum basis; (b) occupies a permanent position within the scope of the compensation schedules fixed by the Classification Act of 1923, as amended; (c) has not reached the maximum rate of compensation for the grade of his position; and (d) who merits consideration for an award as a result of superior accomplishment.
Sec. 2. Definitions. (a) “Department" means any executive department or independent establishment or agency, including Government-owned or Government-controlled corporations, and the municipal government of the District of Columbia.
(b) "Permanent positions" means positions other than those designated as temporary by law and other than those established for a definite period of one year or less. Positions to which appointments are made under the War Service Regulations for the duration of the war and six months thereafter are permanent positions within the scope of this definition. Positions in which employees are serving definite probationary or trial periods, under Civil Service rules, or under regulations issued by the Civil
Service Commission, shall not, for that reason alone, be regarded as being other than permanent positions.
(c) "Positions within the scope of the compensation schedules fixed by the Classification Act of 1923, as amended", means positions in the departmental and field services, in the executive, legislative, and judicial branches, in Government-owned or Government-controlled corporations, and in the municipal government of the District of Columbia, the compensation of which has been fixed on a per annum basis, pursuant to the allocation of such positions to the appropriate grade either by the Civil Service Commission or by administrative action of the department, establishment, agency, or corporation concerned, in accordance with the compensation schedules of the Classification Act of 1923, as amended.
(d) “Superior accomplishment” means sustained work performance of a high degree of eficiency, the initiation and development of a suggestion which increases efficiency or brings about substantial economies in the public service, or a special service of an oustanding nature, which meets the standards of the Civil Service Commission for recognition as the basis for a reward in the form of an additional salary advancement.
(e) "Additional advancement" means within-grade salary advancement as a reward for superior accomplishment as distinguished from a periodic withingrade salary advancement under section 402 of the Federal Employees Pay Act of 1945.
SEC. 3. Conditions of eligibility for additional advancements. The granting of each additional advancement shall be subject to the following conditions:
(a) It must be made within the limit of available appropriations;
(b) It must be based on superior accomplishment which conforms with standards promulgated by the Civil Service Commission; and
(c) No more than one additional advancement may be made to any officer or
1 Codified under Title 5, Part 26, infra.
employee within each of the time periods prescribed in section 402 of the Federal Employees Pay Act of 1945.
SEC. 4. Prior approval by the Civil Service Commission. Approval of the Civil Service Commission must be secured prior to making any additional advancement effective, unless approval of such advancements is made under authority delegated in accordance with these regulations.
SEC. 5. Departmental plans for awarding additional advancements. Each department which desires authority to approve additional advancements as rewards for superior accomplishments shall submit a plan to the Civil Service Commission (a) providing for a systematic review of the work performance of employees, (b) proposing a simple, orderly procedure for the selection of employees to be awarded additional advancements for superior accomplishment, (c) indicating the representatives of the head of the department proposed to be authorized to approve such advancements, (d) providing procedures for reporting additional advancements to the Civil Service Commission, and (e) proposing a method of publication of the plan to all employees. Such plans shall not become effective until approved by the Civil Service Commission, and no approved plan shall be revised or amended without the prior approval of the Commission. Subject to the foregoing provisions, any such departmental plan may be revised or amended from time to time as circumstances may require.
Sec. 6. Delegation of authority to approve additional advancements. Effective until November 1, 1945, the Civil Service Commission hereby delegates authority to the head of each department, or his designated representatives, to approve additional advancements as rewards for superior accomplishment which conforms with standards promulgated for that purpose by the Civil Service Commission. This authority will terminate on November 1, 1945, if no departmental plan has been approved prior to that date. Upon the approval of a departmental plan as provided in the fore
going section, the Civil Service Commission hereby delegates authority to the head of the department, and to his designated representatives operating under such plan, to approve additional advancements as rewards for superior accomplishment which conforms with the standards promulgated for that purpose by the Civil Service Commission.
Sec. 7. Suspension or withdrawal of authority. The Civil Service Commission may suspend or withdraw the authority to approve additional advancements delegated in these regulations, whenever, after post-audit of actions taken under such authority, it finds that (a) additional advancements are being approved which do not conform with the Commission's standards, (b) provisions of the departmental plan are not being followed, or (c) adequate statements supporting such additional advancements are not being received by the Commission.
SEC. 8. Reports to be furnished to the Commission. Additional within-grade salary advancements as rewards for superior accomplishment shall be reported to the Civil Service Commission with such supporting information as it may prescribe.
SEC. 9. Section 201, Chapter II of the regulations governing periodic withingrade salary advancements is hereby amended by adding the following sentence: “Positions in which employees are serving definite probationary or trial periods under Civil Service rules, or under regulations issued by the Civil Service Commission, shall not, for that reason alone, be regarded as being other than permanent positions." U. S. Civil Service Commission.
HARRY B. MITCHELL,
CHAPTER VII-ADMINISTRATIVE ORDERS
ADMINISTRATIVE ORDER OF
JULY 29, 1943
THE WHITE HOUSE,
Washington, July 29, 1943. MY DEAR MR. BYRNES: In order to relieve you, in accordance with your desire, of your functions and duties as Liaison Officer for Emergency Management which relate to the supervision and direction of the Division of Central Administrative Services of the Office for Emergency Management (including your functions and duties under Executive Order No. 9211, dated August 1, 1942),
I hereby transfer such functions and duties to the Director of the Division of Central Administrative Services.
You are requested to file this letter with the Division of the Federal Register, the National Archives, for publication in the FEDERAL REGISTER. Sincerely yours,
FRANKLIN D ROOSEVELT Hon. JAMES F. BYRNES, Liaison Officer for Emergency Management The White House,
Washington, D. C.
13 CFR Cum. Supp.