1793), it is hereby determined that, to the extent hereinafter indicated, the performance of functions authorized by that act, as amended (including the performance of functions authorized by section 544 thereof), without regard to the laws specified in the lettered subdivisions of sections 1 and 2 of this order and without regard to consideration as specified in section 3 of this order will further the purposes of the Mutual Security Act of 1954, as amended:

SECTION 1. With respect to functions authorized by the Mutual Security Act of 1954, as amended (22 U. S. C. 1750 et seq.), except those exercised by the Department of Defense under authority of sections 521 and 524 of that act (22 U. S. C. 1781, 1784):

(a) The act of March 26, 1934, c. 90, 48 Stat. 500, as amended (15 U. S. C. 616a).

(b) Section 3648 of the Revised Statutes, as amended, 60 Stat. 809 (31 U. S. C. 529).

(c) Section 305 of the Federal Property and Administrative Services Act of 1949, c. 288, 63 Stat. 396, as amended (41 U. S. C. 255).

(d) Section 3709 of the Revised Statutes, as amended (41 U. S. C. 5).

(e) Section 3710 of the Revised Statutes (41 U. S. C. 8).

(f) Section 2 of Title III of the act of March 3, 1933, c. 212, 47 Stat. 1520 (41 U.S. C. 10a).

(g) Section 3735 of the Revised Statutes (41 U. S. C. 13).

(h) Section 304 (c) of the Federal Property and Administrative Services Act of 1949, as added by the act of October 31, 1951, c. 652, 65 Stat. 700 (41 U.S. C. 254 (c)), but only with respect to contracts entered into with foreign governments or agencies thereof for the rendering of services to the United States or an agency thereof within the continental limits of the United States.

(1) Section 901 of the Merchant Marine Act, 1936, c. 858, 49 Stat. 2015, as amended (46 U. S. C. 1241 (a)).

SEC. 2. With respect to purchases authorized to be made outside the continental limits of the United States under the Mutual Security Act of 1954, as amended:

(a) Section 2276 (a) of title 10 of the United States Code.

(b) Section 2313 (b) of title 10 of the United States Code.

(c) Section 304 (c) of the Federal Property and Administrative Services Act of 1949, as added by the act of October 31, 1951, c. 652, 65 Stat. 700 (41 U.S. C. 254 (c)).

(d) Section 1301 of the Second War Powers Act, 1942, c. 199, 56 Stat. 185 (50 U. S. C. App. 643), as extended by the provisions of the act of June 30, 1953, c. 169, 67 Stat. 120.

SEC. 3. With respect to cost-type contracts heretofore or hereafter made under authority of the Mutual Security Act of 1954, as amended, with non-profit institutions under which no fee is charged or paid, amendments and modifications of such contracts may be made with or without consideration and may be utilized to accomplish the same things as any original contract could have accomplished, irrespective of the time or circumstances of the making, or the form of the contract amended or modified, or of the amending or modifying contract, and irrespective of rights which may have accrued under the contract or the amendments or modifications thereof.

This order supersedes Executive Order No. 10519 of March 5, 1954 (3 CFR, 1954 Supp., p. 48), entitled "Specifications of Laws from Which Functions Authorized by Mutual Security Act of 1951, as Amended, Shall Be Exempt."

DWIGHT D. EISENHOWER

THE WHITE HOUSE,

October 1, 1958.

EXECUTIVE ORDER 10785 CHANGE IN THE MEMBERSHIP OF THE PRESIDENT'S COUNCIL ON YOUTH FITNESS

By virtue of the authority vested in me as President of the United States, it is ordered as follows:

1. The President's Council on Youth Fitness shall hereafter be composed of the Secretary of the Interior, who shall be the Chairman of the Council, the Secretary of Defense, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Secretary of Health, Education, and Welfare, and the Housing and Home Finance Administrator.

2. Section 1 of Executive Order No. 10673' of July 16, 1956, which established

13 CFR, 1956 Supp.

the President's Council on Youth Fitness and designated the members thereof, and which was amended by Executive Orders No. 10704' of March 25, 1957, and No. 10740 of November 21, 1957, is further amended accordingly.

DWIGHT D. EISENHOWER

THE WHITE HOUSE,

October 17, 1958.

EXECUTIVE ORDER 10786 TRANSFERRING FUNCTIONS OF THE AIRWAYS MODERNIZATION BOARD TO THE ADMINISTRATOR OF THE FEDERAL AVIATION AGENCY

By virtue of the authority vested in me by section 304 of the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 749) and by section 202 (b) of the Budget and Accounting Procedures Act of 1950 (64 Stat. 838; 31 U. S. C. 581c (b)), and as President of the United States, it is ordered as follows:

SECTION 1. All functions (including powers, duties, activities, and parts of functions) of the Airways Modernization Board, including those of the Chairman thereof, are hereby transferred to the Administrator of the Federal Aviation Agency; and all records, property, facilities, employees, and unexpended balances of appropriations, allocations, and other funds of the Airways Modernization Board, are hereby transferred to the Federal Aviation Agency.

SEC. 2. Such further measures and dispositions, if any, as the Director of the Bureau of the Budget shall determine to be necessary in connection with the transfers provided for hereinabove in respect of records, property, facilities, employees, and balances shall be carried out in such manner as he shall direct and by such agencies as he shall designate.

SEC. 3. The provisions of this order shall become effective concurrently with the entering upon office as Administrator of the Federal Aviation Agency of the first person appointed as Administrator. The functions transferred by section 1 hereof may be performed by the Administrator until the effective date of the repeal of the Airways Modernization Act

3 CFR, 1957 Supp.

of 1957 effected by section 1401 (d) of the Federal Aviation Act of 1958. DWIGHT D. EISENHOWER

THE WHITE HOUSE,

November 1, 1958.

EXECUTIVE ORDER 10787 TRANSFERRING JURISDICTION OVER CERTAIN LANDS FROM THE DepartmeNT OF AGRICULTURE TO THE DEPARTMENT OF THE INTERIOR, FOR USE, ADMINISTRATION, OR EXCHANGE Under the Taylor GRAZING ACT AND OTHER STATUTES

CALIFORNIA, MONTANA, NEW MEXICO, AND

TEXAS

By virtue of the authority vested in me by section 32 (c) of Title III of the Bankhead-Jones Farm Tenant Act, approved July 22, 1937 (50 Stat. 522, 525; 7 U. S. C. 1011 (c)), and as President of the United States, and upon the recommendation of the Secretary of Agriculture, it is ordered as follows:

Subject to valid existing rights, jurisdiction over the lands, to the extent indicated, in the following-described areas acquired or in the process of acquisition by the Secretary of Agriculture under the provisions of section 32 of the BankheadJones Farm Tenant Act (7 U. S. C. 1011), or transferred to the Secretary of Agriculture for use, administration, and disposition in accordance with the provisions of Title III of that act, together with title and use records, water or water rights, improvements, appurtenances, and structures acquired, constructed, or used in connection with the use and administration of such lands, is hereby transferred from the Department of Agriculture to the Department of the Interior for use, administration, or exchange under the applicable provisions of the Taylor Grazing Act (48 Stat. 1269), as amended, the Coordination and Conservation Act of March 10, 1934 (48 Stat. 401), as amended, or the Migratory Bird Conservation Act (45 Stat. 1222), as amended, or under the general land-management authority of the Secretary of the Interior as the Secretary shall determine, including the authority to grant licenses and easements upon such terms as he may deem reasonable: Provided, that twenty-five per cent of the net revenues received by the Secretary of the Interior from grazing and other uses of the transferred lands shall continue to be paid to the counties in

which such lands are located for the purposes specified in section 33 of the Bankhead-Jones Farm Tenant Act (7 U. S. C. 1012) in lieu of payments therefrom to the States or counties at the rates specified in section 10 of the Taylor Grazing Act (43 U. S. C. 315 i) or in any other act under which the transferred lands will be used and administered under this order: And provided further, that the transfer of jurisdiction over those lands that are in process of acquisition shall take effect upon the completion of acquisition thereof by the Secretary of Agriculture:

2. CUBA-RIO PUERCO PROJECT (NM-LU22), Sandoval and McKinley Counties, except the NENE4, section 19, and the NW, NW NE4, section 20, Township 21 North, Range 1 West, New Mexico Principal Meridian, and that portion of the Espiritu Santo Grant covered by the act of August 2, 1956, 70 Stat. 941, the area over which jurisdiction is transferred containing approximately

193,350 acres.

3. NORTHERN NEW MEXICO GRANT LANDS PROJECT (NM-LU-25), Rio Arriba and Taos Counties, those parts of the said project described as follows:

(a) The westerly two-thirds of the Sebastian Martin Grant, the east boundary being a line that would be a northerly extension of the westerly boundary of that portion of the Carson National Forest as it exists immediately to the south of the Grant; and

(b) T. 21 N., R. 7 E., New Mexico Principal Meridian

Section 15; 82;

Section 29; N1⁄2SW; Section 30; S1⁄2:

Section 32; NW;

containing approximately 32,880 acres.

TEXAS

All lands administered under Title III of the Bankhead-Jones Farm Tenant Act in connection with the following-described Land Utilization project:

TIERRA BLANCA PROJECT (TX-LU-21), Randall County, containing approximately 7,677 acres.

DWIGHT D. EISENHOWER

THE WHITE HOUSE,

November 6, 1958.

EXECUTIVE ORDER 10788 SUSPENSION OF COMPLIANCE WITH CERTAIN STATUTORY PROVISIONS RELATING TO EMPLOYMENT IN THE CANAL ZONE

By virtue of the authority vested in me by section 202 of the Department of Commerce and Related Agencies Appropriation Act, 1959 (72 Stat. 236), and section 607 of the Department of Defense Appropriation Act, 1959 (72 Stat. 724), relating to certain kinds of employment in the Canal Zone, and deeming such course to be in the public interest, I hereby suspend, from and including the effective dates of those acts, compliance with the provisions of the designated sections: Provided, that this suspension shall not be construed to affect the provisions of such sections relating to the amount of compensation that may be received by persons employed in skilled, technical, clerical, administrative, executive, or supervisory positions on the Canal Zone directly or indirectly by any

branch of the United States Government or by any corporation or company the stock of which is owned wholly or in part by the United States Government.

DWIGHT D. EISENHOWER

THE WHITE HOUSE,

November 14, 1958.

EXECUTIVE ORDER 10789 AUTHORIZING AGENCIES OF THE GOVERNMENT TO EXERCISE CERTAIN CONTRACTING AUTHORITY IN CONNECTION WITH NATIONAL-DEFENSE FUNCTIONS AND PRESCRIBING REGULATIONS GOVERNING THE EXERCISE OF SUCH AUTHORITY

By virtue of the authority vested in me by the act of August 28, 1958, 72 Stat. 972, hereinafter called the act, and as President of the United States, and in view of the existing national emergency declared by Proclamation No. 29141 of December 16, 1950, and deeming that such action will facilitate the national defense, it is hereby ordered as follows:

PART I-DEPARTMENT OF DEFENSE Under such regulations, which shall be uniform to the extent practicable, as may be prescribed or approved by the Secretary of Defense:

1. The Department of Defense is authorized, within the limits of the amounts appropriated and the contract authorization provided therefor, to enter into contracts and into amendments or modifications of contracts heretofore or hereafter made, and to make advance payments thereon, without regard to the provisions of law relating to the making, performance, amendment, or modification of contracts, whenever, in the judgment of the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force, or the duly authorized representative of any such Secretary, the national defense will be facilitated thereby.

2. The Secretaries of Defense, the Army, the Navy, and the Air Force, respectively, may exercise the authority herein conferred and, in their discretion and by their direction, may delegate such authority to any other military or civilian officers or officials of their respective departments, and may confer upon any such military or civilian officers or officials the power to make further delega

13 CFR, 1949-1953 Comp.

tions of such authority within their respective commands or organizations: Provided, that the authority herein conferred shall not be utilized to obligate the United States in an amount in excess of $50,000 without approval by an official at or above the level of an Assistant Secretary or his Deputy, or by a departmental Contract Adjustment Board.

3. The contracts hereby authorized to be made shall include agreements of all kinds (whether in the form of letters of intent, purchase orders, or otherwise) for all types and kinds of property or services necessary, appropriate, or convenient for the national defense, or for the invention, development, or production of, or research concerning, any such property or services, including, but not limited to, aircraft, missiles, buildings, vessels, arms, armament, equipment or supplies of any kind, or any portion thereof, including plans, spare parts and equipment therefor, materials, supplies, facilities, utilities, machinery, machine tools, and any other equipment without any restriction of any kind as to type, character, location, or form.

4. The Department of Defense may by agreement modify or amend or settle claims under contracts heretofore or hereafter made, may make advance payments upon such contracts of any portion of the contract price, and may enter into agreements with contractors or obligors modifying or releasing accrued obligations of any sort, including accrued liquidated damages or liability under surety or other bonds. Amendments or modifications of contracts may be with or without consideration and may be utilized to accomplish the same things as any original contract could have accomplished hereunder, irrespective of the time or circumstances of the making, or the form, of the contract amended or modified, or of the amending or modifying contract, and irrespective of rights which may have accrued under the contract or the amendments or modifications thereof.

5. Proper records of all actions taken under the authority of the act shall be maintained within the Department of Defense. The Secretaries of Defense, the Army, the Navy, and the Air Force shall make such records available for public inspection except to the extent that they, or their duly authorized representatives, may respectively deem the disclosure of information therein to be detrimental to the national security.

6. The Department of Defense shall, by March 15 of each year, report to the Congress all actions taken within that department under the authority of the act during the preceding calendar year. With respect to actions which involve actual or potential cost to the United States in excess of $50,000, the report shall (except as the disclosure of such information may be deemed to be detrimental to the national security) —

(a) name the contractor;

(b) state the actual cost or estimated potential cost involved;

(c) describe the property or services involved; and

(d) state further the circumstances Justifying the action taken.

7. There shall be no discrimination in any act performed hereunder against any person on the ground of race, religion, color, or national origin, and all contracts entered into, amended, or modified hereunder shall contain such nondiscrimination provision as otherwise may be required by statute or Executive order.

8. No claim against the United States arising under any purchase or contract made under the authority of the act and this order shall be assigned except in accordance with the Assignment of Claims Act of 1940 (54 Stat. 1029), as amended. 9. Advance payments shall be made hereunder only upon obtaining adequate security.

10. Every

contract entered into, amended, or modified pursuant to this order shall contain a warranty by the contractor in substantially the following terms:

"The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona-fide employees or bona-fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee."

11. All contracts entered into, amended, or modified pursuant to authority of

603081 O-61-28

this order shall include a clause to the effect that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment, have access to and the right to examine any directly pertinent books, documents, papers, and records of the contractor or any of his subcontractors engaged in the performance of, and involving transactions related to, such contracts or subcontracts.

12. Nothing herein contained shall be construed to constitute authorization hereunder for

(a) the use of the cost-plus-a-percentage-of-cost system of contracting;

(b) any contract in violation of existing law relating to limitation of profits or fees;

(c) the negotiation of purchases of or contracts for property or services required by law to be procured by formal advertising and competitive bidding;

(d) the waiver of any bid, payment, performance, or other bond required by law;

(e) the amendment of a contract negotiated under section 2304 (a) (15) of title 10 of the United States Code to increase the contract price to an amount higher than the lowest rejected bid of any responsible bidder; or

(f) the formalization of an informal commitment, unless the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force, or the duly authorized representative of any such Secretary, finds that at the time the commitment was made it was impracticable to use normal procurement procedures.

13. The provisions of the Walsh-Healey Act (49 Stat. 2036), as amended, the Davis-Bacon Act (49 Stat. 1011), as amended, the Copeland Act (48 Stat. 948), as amended, and the Eight Hour Law (37 Stat. 137), as amended, if otherwise applicable, shall apply to contracts made and performed under the authority of this order.

14. Nothing herein contained shall prejudice anything heretofore done under Executive Order No. 9001 of December 27, 1941, or Executive Order No. 10210 of February 2, 1951, or any amendments or extensions thereof, or the

23 CFR, 1943 Cum. Supp. 3 CFR, 1949-1953 Comp.

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