Executive Order 10900—Administration of the Agricultural Trade Development and Assistance Act of 1954, as Amended

By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows:

SECTION 1. Department of Agriculture.

(a) Except as otherwise provided in this order, the functions conferred upon the President by Titles I and IV of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691-1694; 1731-1736) are hereby delegated to the Secretary of Agriculture.

(b) The administration on behalf of the United States of the credit provisions of agreements entered into pursuant to Title IV of the Act (including the receiving of payments under agreements) shall be performed by such Federal agency or agencies as shall hereafter be designated therefor by the President.

(c) The Department of Agriculture shall transmit to the Senate and House of Representatives of the United States and to the Committees on Agriculture and Appropriations thereof the reports required by the provisions of paragraph (5) of the act of August 13,1957,71 Stat. 345 (7 U.S.C. 1704a).

SEC. 2. Department of State—administration of Title II. The functions conferred upon the President by Title II of the Act (7 U.S.C. 1701-1709) are hereby delegated to the Secretary of State.

SEC. 3. Department of State—other functions. (a) The functions of negotiating and entering into agreements with friendly nations or organizations of friendly nations conferred upon the President by the Act are hereby delegated to the Secretary of State.

(b) All functions under the Act, however vested, delegated or assigned, shall be subject to the responsibilities of the Secretary of State with respect to the foreign policy of the United States as such policy relates to such functions.

(c) The provisions of Part II of Executive Order No. 10893 of November 8, 1960, are hereby extended and made applicable to the functions provided for in the Act and to United States agencies and personnel concerned with the administration abroad of such functions.

SEC. 4. Foreign currencies. (a) (1) The amounts of foreign currencies which accrue under Title I of the Act to be used for the loans described in section 104(g) of the Act, and the amounts of such currencies to be used for loans by the Export-Import Bank pursuant to section 4(d) (5) of this order, shall be the amounts thereof specified, or shall be the amounts thereof corresponding to the dollar amounts specified, for such loans in sales agreements entered into pursuant to section 3(a) of this order. The Department of State may allocate or transfer to the Development Loan Fund foreign currencies to be used for loans made by the latter under section 104(g) of the Act in pursuance of section 4(d) (7) (i) hereof.

(2) Except as otherwise provided in section 4(a) (1) hereof and except as otherwise required by law (74 Stat. 233; 238; section 104(h) of the Act), and, if applicable, within the amounts purchasable with the several appropriations, the Director of the Bureau of the Budget shall from time to time fix amounts of foreign currencies which accrue under Title I of the Act to be used for the purposes described in the respective lettered paragraphs of section 104 of the Act. To the extent necessary, the Director of the Bureau of the Budget shall allocate among the Government agencies concerned the amounts of foreign currencies so fixed.

(3) The function conferred upon the President by the penultimate proviso of section 104 of the Act of waiving the applicability of section 1415 of the Supplemental Appropriation Act, 1953 (31 U.S.C. 724), is hereby delegated to the Director of the Bureau of the Budget.

(b) The Secretary of the Treasury is hereby authorized to prescribe regulations governing the purchase, custody, deposit, transfer, and sale of foreign currencies received under the Act.

(c) The foregoing provisions of this section shall not be deemed to limit section 3 of this order, and the provisions of subsection (b) of this section shall not be deemed to limit subsection (a) thereof.

(d) The purposes described in the lettered paragraphs of section 104 of the Act (7 U.S.C. 1704) shall be carried out, with foreign currencies made available in consonance with law and the provisions of this order, as follows:

(1) Those under section 104(a) of the Act by the Department of Agriculture.

(2) Those under section 104 (b) of the Act by the Office of Civil and Defense Mobilization. The function conferred upon the President by that section of determining, from time to time, materials to be contracted for or to be purchased for a supplemental stockpile is hereby delegated to the Director of the Office of Civil and Defense Mobilization.

(3) Those under section 104(c) of the Act by the Department of Defense or the Department of State, as those agencies shall agree, or in the absence of agreement, as the Director of the Bureau of the Budget shall determine.

(4) Those under sections 104(d) and 104(e) of the Act by the Department of State, except to the extent that section 104 (e) pertains to the loans referred to in subsection (d) (5) of this section.

(5) Those under section 104(e) of the Act by the Export-Import Bank of Washington to the extent that section 104(e) pertains to loans governed by that portion of such section added by the act of August 13, 1957, 71 Stat. 345.

(6) Those under section 104(f) of the Act by the respective agencies of the Government having authority to pay United States obligations abroad.

(7) (i) Those under section 104(g) of the Act by the Department of State and by the Development Loan Fund, as they shall agree. (ii) The function conferred upon the President by section 104 (g) of the Act of determining the manner in which the loans provided for in section 104(g) shall be made is hereby delegated to the Secretary of State with respect to loans made by the Department of State pursuant to the assignment of purposes effected under item (i) of this paragraph, and to the Development Loan Fund with respect to loans made by the Development Loan Fund pursuant to such assignment of purposes. (iii) As used herein, the term "the Development Loan Fund" means the Managing Director of the Development Loan Fund, acting subject to the immediate supervision and direction of the board of directors of the Development Loan Fund; but, notwithstanding the foregoing, the Development Loan Fund, with respect to this order, shall be subject to the supervision and direction of the Secretary of State.

(8) Those under sections 104(h), 104(o), 104(p), and 104 (q) of the Act by the Department of State.

(9) Those under sections 104(i) and 104(m) of the Act by the United States Information Agency.

(10) Those under section 104(j) of the Act by the Department of State and by the United States Information Agency in accordance with the division of responsibilities for the administration of the United States Information and Educational Exchange Act of 1948 (62 Stat. 6) provided by Reorganization Plan No. 8 of 1953 (67 Stat. 642) and Executive Order No. 10477 of August 1, 1953, and by subsequent agreement between the Department of State and the United States Information Agency.

(11) Those under section 104(k) of the Act as follows: (i) Those with respect to collecting, collating, translating, abstracting, and disseminating scientific and technological information by the Director of the National Science Foundation and such other agency or agencies as the Director of the Bureau of the Budget, after appropriate consultation, may designate. (ii) Those with respect to programs of cultural and educational development, health, nutrition, and sanitation by the Department of State. (iii) All others by such agency or agencies as the Director of the Bureau of the Budget, after appropriate consultation, may designate. As used in this paragraph the term "appropriate consultation" shall include consultation with the Secretary of State, the Director of the National Science Foundation, and any other appropriate Federal agency.

(12) Those under section 104(l) of the Act by the Department of State and by any other agency or agencies designated therefor by the Secretary of State.

(13) Those under section 104(n) of the Act by the Librarian of Congress.

(14) Those under section 104(r) of the Act by the Department of State and by the United States Information Agency, as they shall agree.

(e) In negotiating international agreements in pursuance of the Act, the Secretary of State shall endeavor to avoid restrictions which would limit the application of normal budgetary and appropriation controls to the use of those foreign currencies accruing under Title I of the Act which are to be available for operations of United States Government agencies.

SEC. 5. Reservation of functions to the President. There are hereby reserved to the President the functions conferred, upon him by section 108 of the Act (including that section as affected by section 406 of the Act), with respect to making reports to Congress.

SEC. 6. Definition; references. (a) As used in this order, the term "Act" and the term "Agricultural Trade Development and Assistance Act of 1954" mean the Agricultural Trade Development and Assistance Act of 1954 (68 Stat. 454) as amended from time to time, and include, except as may be inappropriate, provisions thereof amending other laws.

(b) References in any prior order not superseded by this order to any provisions of any Executive order superseded by this order shall hereafter be deemed to be references to the corresponding provisions, if any, of this order.

(c) References in this order or in any other Executive order to this order or to any provision of this order shall be deemed to include references thereto, respectively, as amended from time to time.

SEC. 7. Superseding and saving provisions. (a) To the extent not heretofore superseded, the following-described orders and parts of orders are hereby superseded:

(1) Executive Order No. 10560 of September 9, 1954.

(2) Executive Order No. 10685 of October 27, 1956.

(3) Executive Order No. 10708 of May 6, 1957.

(4) Executive Order No. 10746 of December 12, 1957.

(5) Sections 1 and 2 of Executive Order No. 10799 of January 15, 1959.

(6) Executive Order No. 10827 of June 25, 1959.

(7) Executive Order No. 10884 of August 17, 1960.

(8) Without prejudice to section 3(c) of this order, the text enclosed in parentheses in section 304(a) (2) of Executive Order No. 10893 of November 8, 1960.

(b) Except to the extent that they may be inconsistent with this order, all determinations, authorizations, regulations, rulings, certificates, orders, directives, contracts, agreements, and other actions made, issued, or entered into with respect to any function affected by this order and not revoked, superseded, or otherwise made inapplicable before the date of this order, shall continue in full force and effect until amended, modified, or terminated by appropriate authority.

DWIGHT D. EISENHOWER

THE WHITE HOUSE,

January 5, 1961.