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CHAPTER XI-INTERPRETATIONS

INSERTION IN GOVERNMENT CONTRACTS OF PROVISION REGARDING 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,

13 CFR Cum. Supp.

namely, that the prosecution of the war demands that we utilize fully all available manpower, and that the discrimination 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 Government contracting Agencies. Very sincerely yours,

FRANKLIN D ROOSEVELT
Honorable FRANCIS BIDDLE,
The Attorney General,
Washington, D. C.

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Eight-hour law, suspension as to laborers and mechanics
of the Interior Department on public works within the
United States.

Office of War Mobilization, functions and provisions for
unification of foreign economic affairs supplemented.
Federal Communications Commission, certain land trans-
ferred to the jurisdiction of the Navy Department.
Court-martial cases, redistribution of functions of the
Secretary of War and Judge Advocate General.
Women's Army Corps, strength prescribed...
Women's Army Corps Service Medal, establishment..
Denison Dam, Grand River Dam, Norfork Dam, opera-
tion and disposition of electric energy in Texas, Okla-
homa, and Arkansas.

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9367

Aug. 4 Examinations, Civil Service and Foreign Service; instruc-
tion by Federal employees prohibited.

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Annual leave of Government employees, regulations
amended.

"Alien Enemy" classification, excepting certain persons
for naturalization purposes.

9368 Aug. 9 Eight-hour Law, suspension as to laborers and mechanics of the Department of Interior on public works in Territory of Alaska.

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37 E.O. 9393, 9408.

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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

9353 June 19 9357 June 30 9361 July 15

Norfork Project, Arkansas and Missouri, disposal of electric energy....

Public Works Administration, functions transferred to Federal Works Administrator.... Office of War Mobilization, functions and provisions for unification of foreign economic 31 affairs supplemented.

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9363 July 23

Court-martial cases, redistribution of functions of the Secretary of War and Judge Advocate General.

34

9366 July 30

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

35

9373 Aug. 30

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

39

9379 Sept. 23

Pacific Electric Railway Company, Los Angeles, California, Special Emergency Board established for wage adjustment.

41

9387 Oct. 15 9388 Oct. 16

Advisory Board on Just Compensation, establishment and functions.

48

Emergency Board, special; established to report on wage adjustment claims of nonoperating railway employees.

49

9406

Dec. 17 Necessity Certificates, functions transferred from the Secretary of War and the Secretary of Navy to Chairman of War Production Board.

9409 9410

Dec. 23
Dec. 23

War Manpower Commission, composition altered.

Selective Service, certain functions of President delegated to Director..

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

No.

Date

Subject

Page

9353 June 19 9366 July 30

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).

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9373 Aug. 30

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

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9404 Dec. 17

Governor of Panama Canal, authorized to acquire and dispose of certain property..

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