m. Extension of Agricultural Trade Development and Assistance Act of 1954, as amended

Partial text of Public Law 85-931 [S. 3420], 72 Stat. 1790, approved September 6, 1958; as amended by Public Law 87-703 [H.R. 12391], 76 Stat. 605 at 611, approved September 27, 1962; and by Public Law 89-808 [Food for Peace Act of 1966, H.R. 14929], 80 Stat. 1526 at 1538, approved November 11, 1966

AN ACT To extend and amend the Agricultural Trade Development and Assistance Act of 1954.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

NOTE.-Except for Sections 7, 8, and 9, reprinted below, the whole of Public Law 85-931 consists of amendments to the Agricultural Trade Development and Assistance Act of 1954, as amended.

Sec. 7. Section 206(a) of the Agricultural Act of 19561 is amended by inserting before the period at the end thereof a semicolon and the following: "but no strategic or critical material shall be acquired by the Commodity Credit Corporation as a result of such barter or exchange except for such national stockpile, for such supplemental stockpile, for foreign economic or military aid or assistance programs, or for offshore construction programs".

Sec. 8.2 In carrying out the provisions of the Agricultural Trade Development and Assistance Act of 1954, as amended, extra long staple cotton shall be made available for sale pursuant to the provisions of title I of the Act in the same manner as upland cotton or any other surplus agricultural commodity is made available, and products manufactured entirely 3 from upland or long staple cotton shall be made available for sale pursuant to the provisions of title I of the Act as long as cotton is in surplus supply in the same manner as any other agricultural commodity or product is made available, and no discriminatory or other conditions shall be imposed which will prevent or tend to interfere with their sale or availability for sale under the Act.1

17 U.S.C. 1856.

27 U.S.C. 1601 note.

3 The word "entirely" and the words "in the same manner as any other agricultural commodity or product is made available" were added by sec. 3(d) of Public Law 89-808 (Food for Peace Act of 1966).

Sec. 3(d) of Public Law 89-808 inserted a period in lieu of a colon and struck out a proviso, which read as follows: "Provided, That that portion of sales price of such products which is financed as a sale for foreign currency under title I of the Act shall be limited to the estimated portion of the sales price of such products attributable to the raw cotton content of such prod ucts".

Sec. 9.5 Notwithstanding any other provision of law 6 those areas under the jurisdiction or administration of the United States are authorized to receive from the Department of Agriculture for distribution on the same basis as domestic distribution in any State, Territory, or possession of the United States, without exchange of funds, such surplus commodities as may be available pursuant to clause (2) of section 32 of the Act of August 24, 1935, as amended (7 U.S.C. 612c), and section 416 of the Agricultural Act of 1949, as amended (7 U.S.C. 1431). 6

$7 U.S.C. 1431b.

Sec. 3(a) of Public Law 89-808 struck out the symbol "(1)" after the word "law"; inserted a period in lieu of a semicolon, and struck out the language after the semicolon, which read as follows: "and (2) the Commodity Credit Corporation is authorized to purchase products of oil seeds, and edible oils and fats and the products thereof in such form as may be needed for donation abroad as provided in the following sentence. Any such commodities or products if purchased shall be donated to nonprofit voluntary agencies registered with the Department of State, other appropriate agencies of the Federal Government or international organizations for use in the assistance of needy persons and in nonprofit school lunch programs outside the United States. Commodity Credit Corporation may incur such additional costs with respect to such oil as it is authorized to incur with respect to food commodities disposed of under section 416 of the Agricultural Act of 1949."

n. Implementation of the Enterprise for the Americas Initiative Executive Order 12757, March 19, 1991, 56 F.R. 12107

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Agricultural Trade Development and Assistance Act of 1954 ("Act"), as amended by section 1512 of Public Law 101-624, it is hereby ordered as follows:

Section 1. The functions vested in the President by section 603, 604, 611, and 614 of the Act are delegated to the Secretary of the Treasury ("Secretary"), who shall exercise such functions in accordance with recommendations of the National Advisory Council on International Monetary and Financial Policies ("Council"), as established by Executive Order No. 11269 of February 14, 1966. The Secretary of State, when necessary, shall report to the Council regarding the need to review the implementation of environmental programs pursuant to section 611 of the Act.

Sec. 2. (a) For purposes of section 1 of this order only, the membership of the Council shall be expanded to include the following: the Secretary of Agriculture, the Director of the Office of Management and Budget, the Chairman of the Council of Economic Advisers,the Chairman of the Council on Environmental Quality, and the Administrator of the Environmental Protection Agency.

(b) Whenever matters being considered by the Council may be of interest to an agency not represented on the Council, the chairperson may invite a representative of such agency to participate in meetings and deliberations of the Council.

(c) In the event of a disagreement among agencies represented on the Council, the Secretary shall refer the issue to the appropriate Cabinet-level body designated by the President.

Sec. 3. (a) The functions vested in the President by section 607 of the Act are delegated to the Secretary of State, in consultation with the Department of the Treasury, the Department of Agriculture, the Department of Commerce, the Council on Environmental Quality, the Environmental Protection Agency, the Agency for International Development, and any other agency determined by the Secretary of State to have an interest in an environmental framework agreement.

(b) Pursuant to section 610(c) of the Act, the Environment for the Americas Board shall also advise the Secretary of State on the negotiations of the environmental framework agreements.

(c) The Secretary of State shall ensure that the elements and requirements for the Administering Bodies established in section 607(c) of the Act shall be included in the environmental framework agreements.

Sec. 4. (a) The five U.S. Government members of the Environment for the Americas Board ("Board") established by section 610

of the Act shall be representatives from the Department of State, the Department of the Treasury, the Environmental Protection Agency, the Agency for International Development, and the InterAmerican Foundation.

(b) The Department of Commerce, the Department of Agriculture, and other appropriate agencies may each send representatives to the meetings of the Board, and such representatives may participate in the activities of the Board.

(c) The representative from the Department of the Treasury shall be the chairperson of the Board. The representative from the Department of State shall be the vice chairman of the Board. The representative from the Environmental Protection Agency shall serve as secretary of the Board.

(1) The chairperson shall be responsible for presiding over the meetings of the Board, ensuring that the views of all other participants are taken into account, and coordinating with other appropriate agencies in assisting the Board in its review of the fiscal audits conducted pursuant to section 607(c)(4) of the Act.

(2) The vice chairperson shall be responsible for serving as liaison between the Board and local governments, local nongovernmental organizations, and the local Administering Bodies in Latin America and the Caribbean, and for coordinating the international activities related to programs funded under the

Act.

(3) The secretary of the Board shall be responsible for coordinating the preparation of materials for Board discussion, including the technical reviews of the annual programs and reports required to be submitted to the Board under section 607 (c)(5) and (c)(6) of the Act, and for preparing official minutes of Board discussions.

(d) The four private nongovernmental organization members of the Board shall be chosen by the President.

Sec. 5. No new agreement under Title I of the Agricultural Trade Development and Assistance Act of 1954, as amended by section 1512 of Public Law 101-624, and no new credit agreement under the Food for Progress Act of 1985 shall be entered into with any country that is in default with respect to the payment of principal or interest on any obligation issued pursuant to section 604 of the Act unless such country meets its obligations or unless the President so authorizes.

Sec. 6. This order is intended only to improve the internal management of the executive branch and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

o. Implementation of the Agricultural Trade Development and Assistance Act of 1954, as Amended, and the Food for Progress Act of 1985, as Amended

Executive Order 12752, February 25, 1991, 56 F.R. 8255

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Agricultural Trade Development and Assistance Act of 1954, as amended by Public Law 101-624 ("Agricultural Trade Development Act"), the Food for Progress Act of 1985, as amended by Public Law 101624 ("Food for Progress Act"), and section 301 of title 3 of the United States Code, it is hereby ordered as follows:

Section 1. Establishment of Programs. There is hereby established:

(a) a program under title I of the Agricultural Trade Development Act to provide for the sale of agricultural commodities to developing countries. Such program shall be implemented by the Secretary of Agriculture (hereafter referred to as the "Secretary").

(b) a program under title II of the Agricultural Trade Development Act to provide for the donation of agricultural commodities to foreign countries. Such program shall be implemented by the Administrator of the Agency for International Development (hereafter referred to as the "Administrator").

(c) a program under title III of the Agricultural Trade Development Act to provide for the donation of agricultural commodities to least developed countries. Such program shall be implemented by the Administrator.

Sec. 2. International Negotiations and Accounting for Foreign Currencies. (a) The Secretary with respect to title I, and the Administrator with respect to titles II and III of the Agricultural Trade Development Act, shall negotiate and execute agreements under the Agricultural Trade Development Act in accord with section 112b of title I of the United States Code and applicable regulations and procedures of the Department of State.

(b)(1) Foreign currencies that accrue to the United States under titles I and III of the Agricultural Trade Development Act may be used for the purposes set forth in section 014 and section 306 of that Act, respectively, in amounts consistent with applicable provisions of law and agreements. Such foreign currencies shall be subject to regulations of the Department of the Treasury governing the purchase, custody, deposit, transfer, and sale of foreign currencies received under the Agricultural Trade Development Act.

(2) The Director of the Office of Management and Budget (hereafter referred to as the "Director") shall determine the amount of foreign currencies to be used for the purposes of section 104(c)(8) of the Agricultural Trade Development Act, and such purposes shall be carried out by the agencies with authority to pay the obligations