Executive Order 10359—Amending Executive Order No. 10161, as Amended, with Respect to Certain Plant Fibers

By virtue of the authority vested in me by the Constitution and statutes, including the Defense Production Act of 1950 as amended (50 U.S.C. App. 2061 et seq.), and as President of the United States and Commander in Chief of the armed forces of the United States, it is ordered as follows:

SECTION 1. Sections 303, 307, 310(b), and 311(b) of Executive Order No. 10161 of September 9, 1950 (15 F.R. 6105), as amended, are hereby amended to read, respectively, as follows:

"SEC. 303. The Defense Materials Procurement Administrator is hereby authorized and directed to purchase and make commitments to purchase metals, minerals, and other materials, for Government use or resale, as authorized by and subject to the provisions of section 303 of the Defense Production Act of 1950, as amended: Provided, That the Secretary of Agriculture may also exercise the said functions under section 303 of the said Act, as amended, with respect to food, and with respect to plant fibers (except abaca) not included in the definition of food to the extent that the procurement of such fibers involves the encouragement and development of sources of supply within the United States and its Territories and possessions."

"SEC. 307. The functions conferred upon the Defense Materials Procurement Administrator by sections 303 to 306 inclusive, of this Executive order shall be carried out in accordance with programs certified to the said Administrator by the Defense Production Administrator: Provided, That any exercise by the Defense Materials Procurement Administrator of the functions provided for in section 303 hereof with respect to food shall be carried out in accordance with programs certified to him by the Secretary of Agriculture: And provided further, That the functions conferred upon the Secretary of Agriculture by section 303 hereof with respect to plant fibers (except abaca) not included in the definition of food shall be carried out in accordance with programs certified to the Secretary by the Defense Production Administrator.

"SEC. 310. * * *

"(b) Loans under section 310(a) hereof (1) shall be made upon such terms and conditions as the Corporation shall determine, (2) shall be made only after the Corporation has determined in each instance that financial assistance is not available on reasonable terms from private sources or from other governmental sources, and (3) except in the case of working capital loans (involving no more than minor expansion of capacity which is incidental to a loan for working capital) shall be made only upon certificate of essentiality of the loan, which certificate shall be made (a) by the Secretary of Agriculture with respect to food and food facilities, and with respect to plant fibers (except abaca) not included in the definition of food, and facilities therefore, in instances involving the encouragement and development of sources of supply of such fibers within the United States and the Territories and possessions and to the extent that such loans are a part of and in accordance with the terms of a program certified by the Defense Production Administrator pursuant to section 307 hereof, and (b) by the Defense Production Administrator with respect to all other materials and facilities."

"SEC. 311. * * *

"(b) Loans under section 311(a) hereof (1) shall be made upon such terms and conditions as the said Bank shall determine, (2) shall be made only after the Bank has determined in each instance that financial assistance is not available on reasonable terms from private sources and that the loan involved cannot be made under the provisions of and from funds available to the Bank under the Export-Import Bank Act of 1945, as amended, and (3) shall be made only upon certificate of essentiality of the loan, which certificate shall be made (a) by the Secretary of Agriculture with respect to food and food facilities, and with respect to plant fibers (except abaca) not included in the definition of food, and facilities therefore, in instances involving the encouragement and development of sources of supply of such fibers within the United States and its Territories and possessions and to the extent that such loans are a part of an in accordance with the terms of a program certified by the Defense Production Administrator pursuant to section 307 hereof, and (b) by the Defense Production Administrator with respect to all other materials and facilities."

SEC. 2. To the extent that provisions of any prior Executive order are inconsistent with the provisions of this order this order shall prevail, and any such prior provisions are amended accordingly. All orders, regulations, rulings, certificates, directives, and other actions relating to any function affected by this order shall remain in effect except as they are inconsistent herewith or are hereafter amended, modified, or revoked under proper authority.

HARRY S. TRUMAN

THE WHITE HOUSE,

June 9, 1952