Executive Order 11105—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), as amended, (hereinafter called the Act) and particularly by Section 101 thereof, and as President of the United States, it is ordered as follows:

SECTION 1. The provisions of Sections 2 to 8, inclusive, of this order shall be applicable to the community of Los Alamos, New Mexico, but shall not be applicable to the community of Oak Ridge, Tennessee, or to the community of Richland, Washington.

SEC. 2. 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) (i) under Sections 34 to 36, inclusive, Sections 51 to 55, inclusive, Section 57, Sections 61 to 66, inclusive, and Section 116 of the Act, (ii) under the last sentence of Section 56 of the Act, and (iii) with respect to sales of apartment .buildings to cooperatives raider Section 58 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 of the Act, including the timing thereof, the improvements to be designated as eligible for a credit under sub-sections 36a and 36b, the extent to which a lessee has been previously compensated for improvements under subsection 36a, and the provisions and procedures to be adopted pursuant to subsections 55b to 55e, inclusive, and (ii) removing, transferring or designating property pursuant to subsections 52a ( 1 ), 52a (2), and 52a ( 3 ).

(b) The Commission shall retain all duties, functions and responsibilities under subsection 57b of the Act, both as to existing lots and lots developed or to be developed under the Act or any other Act, except as the Commission and the Administrator may mutually agree should be transferred to the Administrator.

SEC. 3. 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, rights, powers, duties, and responsibilities of the Commission under the Act or any act (except such interests, rights, powers, duties, and responsibilities as the Commission and the Administrator may mutually agree shall be retained by the Commission), with respect to the property designated by the Commission for disposal by the Administrator, pursuant to Section 52 of the Act.

SEC. 4. The transfers specified in Section 3 hereof shall be effective as to each parcel of property offered for disposal pursuant to 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.

SEC. 5. 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 57b of the Act, shall be transferred to the Administrator, but shall otherwise remain subject to the provisions of Section 117 of the Act.

SEC. 6. 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. 7. Executive Order No. 9816 of December 31, 1946, is hereby amended to the extent that it may be consistent with this order.

SEC. 8. 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.

SEC. 9. Executive Order No. 10657 of February 14, 1956, as amended, is hereby further amended by adding at the end thereof a new Section 8, reading as follows:

"SEC. 8. Nothing in this order shall be applicable to the community of Los Alamos, New Mexico."

JOHN F. KENNEDY

THE WHITE HOUSE,

April 18, 1963