Executive Order 10657—Transferring to the Housing and Home Finance Administrator Certain Functions of the Atomic Energy Commission Under the Atomic Energy Community Act of 1955

By virtue of the authority vested in me by the Atomic Energy Community Act of 1955 (69 Stat. 471), hereinafter called the Act, and particularly by section 101 thereof, and as President of the United States, it is ordered as follows:

SECTION 1. There are hereby transferred to the Housing and Home Finance Administrator (hereinafter called the Administrator) all of the functions, duties, and responsibilities of the Atomic Energy Commission (hereinafter called the Commission) under sections 34 to 36, inclusive, sections 51 to 55, inclusive, section 57, sections 61 to 66, inclusive, and section 116 of the Act, with the following exceptions and qualifications:

(a) The Commission shall retain the power and duty of, and the responsibility for, (i) determining the property to be offered for disposal pursuant to section 52, the improvements to be designated as eligible for a credit under subsections 36a and 36b, and the provisions and procedures to be adopted pursuant to subsections 55b to 55e, inclusive, and (ii) removing or transferring property pursuant to subsections 52a (1) and 52a (2).

(b) The Commission shall retain such duties and responsibilities under subsection 57a as it shall specify and give notice thereof to the Administrator.

SEC. 2. There shall be transferred to the Administrator, who shall thereafter exercise full jurisdiction in connection therewith, all interests, rights, powers, duties, and responsibilities of the United States, including any interests, powers, rights, duties, and responsibilities of the Commission under the Act or any act, with respect to the following (except such interests, powers, rights, duties, and responsibilities as the Commission and the Administrator may mutually agree shall be retained by the Commission):

(a) The property designated for disposal by the Commission pursuant to section 52 of the Act, including all interests, powers, rights, duties, and responsibilities arising as a result of deeds executed by the Commission pursuant to the provisions of subsection 57a of the Act.

(b) The deeds for church land and the deed to the State of Tennessee for National Guard purposes, executed by the Commission pursuant to the Atomic Energy Act of 1946, as amended, or the Atomic Energy Act of 1954, as amended.

SEC. 3. The transfers specified in section 2 hereof shall be effective:

(a) As to each parcel of property offered for disposal pursuant to the provisions of section 52 of the Act on the date the Administrator executes a deed as provided in section 55, or a contract to purchase as provided in section 61, with respect to each such parcel of property; and

(b) In the case of deeds executed by the Commission pursuant to the provisions of subsection 57a of the Act, or referred to under subsection 2 (b) of this order, on the date of this order or the execution of such deeds, whichever is later.

SEC. 4. To the extent necessary or appropriate to enable him to perform or exercise the functions, duties, and responsibilities transferred to him by this order, the Administrator, and such officers or employees to whom he may delegate authority with respect to such functions, duties, and responsibilities, may perform or exercise any of the functions, duties, or responsibilities conferred upon the Commission by the Act, including, specifically, chapter 11 thereof. Any funds derived by the Commission from the disposal of property under the Act, including funds derived from the disposal of property under subsection 57a of the Act, shall be transferred to the Administrator, but shall otherwise remain subject to the provisions of section 117 and subsection 118c of the Act.

SEC. 5. The Commission and the Administrator shall keep each other currently advised as to action taken pursuant to the Act, shall consult with each other on all matters arising under the Act or this order which either agency deems to be of mutual concern, and may jointly agree upon such further measures, not inconsistent with the Act or this order, as will promote the expeditious and effective accomplishment of the policy and purposes of the Act.

SEC. 6. Executive Order No. 9816 of December 31, 1946, is hereby amended to the extent that it may be inconsistent with this order.

SEC. 7. Nothing in this order shall invalidate any action taken by the Commission prior to the effective date of this order, or impair or affect any outstanding obligations or contracts of the Commission, or impair any power or authority of the Commission with respect to functions not transferred by or pursuant to this order. No person affected by any action taken by either the Commission or the Administrator, or by any person acting under authority delegated to him consonant with law, shall be entitled to challenge the validity thereof or otherwise excuse his action or failure to act on the grounds that pursuant to the provisions of this order such action was within the jurisdiction of the Commission rather than the Administrator, or vice versa.

DWIGHT D. EISENHOWER

THE WHITE HOUSE,

February 14, 1956.