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

abroad. The purposes of the remaining paragraphs of section 104(c) of that Act shall be carried out by the Department of Agriculture, utilizing where appropriate, the expertise of other agencies.

(3) The Secretary and Administrator shall transmit the reports required by the provisions of paragraph 5 of the Act of August 13, 1957 (71 Stat. 345; 7 U.S.C. 1704a), as related to the use of foreign currencies accruing under title I and title III of the Agricultural Trade Development Act, respectively.

Sec. 3. Policy Coordination. (a) To ensure policy coordination of assistance provided under the Agricultural Trade Development Act and the Food for Progress Act, there is hereby established a Food Assistance Policy Council (hereafter referred to as the "Council"). (b) The Council will include senior representatives of the Department of Agriculture, the Agency for International Development, the Department of State, and the Office of Management and Budget. Meetings of the Council shall be called by the Secretary or his designee at the request of any senior representative of the Council.

(c) The Council shall advise the President on appropriate policies under the Agricultural Trade Development Act and the Food for Progress Act and shall coordinate decisions on allocations and other policy issues, as well as prepare the report required by section 407(g)(1) of the Agricultural Trade Development Act.

(d) As necessary for effective coordination, the Council shall provide its advice to the President through the appropriate Cabinetlevel body.

Sec. 4. Delegation of Responsibilities. (a) The consultation required by section 401(a) of the Agricultural Trade Development Act shall be undertaken through the Council.

(b) The function conferred upon the President in section 403(j) of the Agricultural Trade Development Act is hereby delegated to the Secretary of State.

(c) The function conferred upon the President by section 407(h) of the Agricultural Trade Development Act is hereby delegated to the Administrator.

(d) The functions conferred upon the President by section 411 of the Agricultural Trade Development Act are hereby delegated to the Secretary, in consultation with the Council and the Department of the Treasury.

(e) The functions conferred upon the President by section 412(c) of the Agricultural Trade Development Act are hereby delegated to the Director, who shall consult with the Council on these functions. (f) The functions conferred upon the President by title V of the Agricultural Trade Development Act are hereby delegated to the Administrator.

(g) The functions conferred upon the President by the Food for Progress Act, as amended, are hereby delegated to the Secretary. Sec. 5. Regulatory Review. Policies, regulations, and analyses required by this Executive order shall be fully consistent with the standards and criteria, analyses and procedures set forth in Executive Order Nos. 12291 and 12498.

Sec. 6. Revocations. Executive Order No. 12220 of June 27, 1980, and Executive Order No. 12583 of February 19, 1987, are revoked.

2. Food for Peace Act of 1966

Partial text of Public Law 89-808 [H.R. 14929], 80 Stat. 1526, approved November 11, 1966, as amended by Public Law 95-501 [Agricultural Trade Act of 1978, S. 3447], 92 Stat. 1685, approved October 1, 1978; Public Law 97-98 [Agriculture and Food Act of 1981, S. 884], 95 Stat. 1213 at 1274, approved December 22, 1981; Public Law 99-198 [Food Security Act of 1985, H.R. 2100]; 99 Stat. at 1354, approved December 23, 1985; Public Law 100-418 [Omnibus Trade and Competitiveness Act of 1988, H.R. 4848], 102 Stat. 1107, approved August 23, 1988; and by Public Law 101-624 [Food, Agriculture, Conservation, and Trade Act of 1990; S. 2830], 104 Stat. 3359, approved November 28, 1990

AN ACT To promote international trade in agricultural commodities, to combat hunger and malnutrition, to further economic development, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Food for Peace Act of 1966".

Sec. 2. Amended the Agricultural Trade Development and Assistance Act of 1954, as amended, commonly called Public Law 480.

Sec. 3. Amended the the Act of September 6, 1958 (7 U.S.C. 1431b), the Food and Agriculture Act of 1965 (7 U.S.C. 1446a-1), the Agricultural Act of 1949, (7 U.S.C. 1431), and the Agricultural Trade Development and Assistance Act of 1954 Extension.

Sec. 4.1 *** [Repealed-1990]

1 Sec.4 (7 U.S.C. 1707a) was repealed by sec. 1574 of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624; 104 Stat. 3702). For the Mickey Leland Food for Peace Act (title XV, subtitle A of Public Law 101-624), see page 1406.

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