LEGISLATION ON FOREIGN RELATIONS WITH EXPLANATORY NOTES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91-00965R000300010002-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 345
• Document Creation Date: December 15, 2016
• Document Release Date: January 2, 2004
• Sequence Number: 2
• Publication Date: December 1, 1958
• Content Type: REGULATION

pproved F~
85th Cong~
2d Sessi
LEGISLATION ON FOREIGN RELATIONS
WITH EXPLANATORY NOTES
COMMITTEE ON FOREIGN RELATIONS
UNITED STATES SENATE
DECEMBER 1958
Printed for the use of the Committee on Foreign Relations
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1950
ILLEGIB
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COMMITTEE ON FOREIGN RELATIONS
THEODORE FRANCIS GREEN, Rhode Island, Chairman
J. W. FULBRIGHT, Arkansas
JOHN SPARKMAN, Alabama
HUBERT H. HUMPHREY, Minnesota
MIKE MANSFIELD, Montana
WAYNE MORSE, Oregon
RUSSELL B. LONG, Louisiana
JOHN F. KENNEDY. Massachusetts
ALEXANDER WILEY, Wisconsin
H. ALEXANDER SMITH, New Jersey
BOURKE B. HICKENLOOPER, Iowa
WILLIAM LANGER, North Dakota
WILLIAM F. KNOWLAND, California
GEORGE D. AIKEN, Vermont
HOMER E. CAPEHART, Indiana
CARL MARCY, Chief of Staff
DARRELL ST. CLAIRE, Clerk
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FOREWORD
This collection of laws and related material frequently referred to
by the Senate Committee on Foreign Relations was prepared by
officers of the Department of State, the International Cooperation
Administration, and the United States Information Agency in col-
laboration with the staff of the Senate Committee on Foreign
Relations and the Legislative Reference Service of the Library of
Congress.
The collection contains the texts of the laws as amended during the
85th Congress, and they are annotated to show pertinent history or
cross references. No assumption as to the importance or significance
of any of the material is to be made because of its inclusion or treat-
ment here.
THEODORE FRANCIS GREEN, Chairman.
DECEMBER 1958.
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TABLE OF CONTENTS
A. MUTUAL SECURITY PROGRAM:
Page
1. Mutual Security Act of 1954, as amended------------------
1
2. Mutual Security Act of 1955 (partial text) -----------------
63
3. Mutual Security Act of 1956 (partial text) -----------------
- 64
4. Mutual Security Act of 1958 (partial text) -----------------
66
5. Mutual Security Appropriation Act, 1959__________________
.67
6. Joint Resolution (Temporary Appropriations for 1959) -------
72
7. Supplemental Appropriation Act, 1953-Section 1415 (Avail-
ability of Foreign Credits) -----------------------------
74
8. General Government Matters Appropriation Act, 1957-
Section 209 (Availability of Foreign Credits) _ _ _ _ _ _ _ _ _ _ _ _ _
74:
9. Supplemental Appropriation Act, 1955-Section 1311 (Stand-
ards and Procedures on Obligation of Funds) --------------
76
10. Mutual Defense Assistance Control Act Of 1951 (Battle Act)-
78
11. Section 4 of the Bretton Woods Agreement Act-------------
83
12. Reorganization Plan No. 7 of 1953 (Establishment of Foreign
Operations Administration) _ _ _ _ _ _ _ _ _ _ _ _ ------------
85
13, Reorganization Plan No. 8 of 1953 (Extract concerning trans-
fer of Information Function of the Mutual Security Pro-
gram) ----------------------------- ------------------
89
14. Institute of Inter-American Affairs Act____________________
90
15. Defense Base Act, as amended____________________________
96
16. War Hazards Compensation Act, as amended---------------
97
17. Executive Order No. , Ol_.57 as amended (Administration of the
Mutual Security Act oo11954) --------------------------
98
18. Executive Order No. 10610, as amended (Abolishment of the
Foreign Operations Administration and transfer of Mutual
Security and Related Functions) ______________________ _
106
19. Executive Order No. 10663 (Administration of the Escapee
Program) ------------------------
110
20. State Department Delegation of Authority No. 85, as amended,
Implementing Executive Order No. 10610 (Establishment of
International Cooperation Administration and Delegation of
Certain Related Functions)____________________________
111
21. Executive Order No. 10784 (Laws From Which Functions
Under Mutual Security Act Are Exempt) - - _ _ - _ - _ - _
115
B. INFORMATION, CULTURAL EXCHANGE AND EDUCATIONAL EXCHANGE
PROGRAMS:
1. United States Information and Educational Exchange Act of
1948, as amended -------------------------------------
117
2
Government-Owned Facilities for Internatio
l B
ti
d
.
130
.
na
roa
ng-
cas
3. Reorganization Plan No. 8 of 1953_,______________________
131
4, Executive Order No. 10477-(Authority given to USIA
Director) ------------------------------ _ i __ _
133
5. Executive Order No. 10522 (Authority given to USIA, Director
concerning Foreign Service Board)___________
136
6. The International Cultural Exchange and Trade Fair Partici-
pation Act of 1956_______ _______ ____ ____
137
7. Executive Order No. 10716 (Administration of Inte national
Cultural Exchange and Trade Fair Participatio Act of
1956)----------------------------- - -
140
8. Fulbright amendment to the Surplus Property Act o 1944, as
amended--------------------------------------
143
. Agricultural Trade Development and Assistance Aei of 1954,
as amended (partial text)_____
145
10. Mutual Security Act of 1954, as amended (partial t$xt) ___ _ _
147
V
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VI CONTENTS
B. INFORMATION, CULTURAL EXCHANGE AND EDUCATIONAL EXCHANGE
Page
PROGRAMS-Continued
11. Act of August 24, 1949, making Finnish World War I Debt
Payments Available for Exchange of Persons and Materials
Between the United States and Finland------------------
148
12. India Emergency Food Aid Act of 1951 (partial text) --------
150
13. Convention for the Promotion of Inter-American Cultural
Relations--------------------------------------------
151
C. SURPLUS AGRICULTURAL COMMODITIES:
1. Agricultural Trade Development and Assistance Act of 1954,
as amended--------------------------------------------
155
2. Extension of Agricultural Trade Development and Assistance
Act of 1954, as amended (partial text)--------------- ---
166
3. Executive Order No. 10560 (Administration of the Agricultural
Trade Development and Assistance Act of 1954) ------
168
D. DEPARTMENT OF STATE:
1. Foreign Service Act of 1946, as amended --------------------
171
2. Strengthening the Organization of the Department of State-_-_
218
3. Basic Authority for the Department of State----------------
220
4. Passport Laws and Regulations----------------------------
223
E. UNI
TED NATIONS:
1. The United Nations Participation Act of 1945, as amended----
237
2. The International Organizations Immunities Act-------------
242
3. The United Nations Headquarters Agreement Act ------------
250
F. OTH
ER LEGISLATION AND DOCUMENTS:
1. 1954 Amendment to the Merchant Marine Act of 1936 ---------
263
2. Loan of Vessels to Friendly Foreign Countries ---------------
264
3. Legislative Reorganization Act of 1946, as amended ----------
266
4. International Claims Settlement Act of 1949, as amended-----
310
5. North Atlantic Treaty------------------------------- ----
337
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A. MUTUAL SECURITY PROGRAM
1. The Mutual Security Act of 1954, as Amended
Text of Public Law 665, 83rd Congress [H. R. 9678], 68 Stat. 832, approved Au-
gust 26, 1954, as amended by the Mutual Security Act of 1955, Public Law 138,
84th Congress [S. 20901, 69 Stat. 283, approved July 8, 1955; by the Mutual
Security Act of 1956, Public Law 726, 84th Congress [H. R. 11356], 70 Stat. 555,
approved July 18, 1956; by the Mutual Security Act of 1957, Public Law 85-141
[S. 21301, 71 Stat. 355, approved August 14, 1957; and by the Mutual Security
Act of 1958, Public Law 85-477 [H. R. 12181], 72 Stat. 261, approved June 30,
1958.
AN ACT To promote the security and foreign policy of the United States by
furnishing assistance to friendly nations, 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 "Mutual Security Act of 1954." This Act is divided
into chapters and titles, according to the following table of contents: ~
Chapter I-MILITARY ASSISTANCE
ChapterIl-ECONOMIC ASSISTANCE Title I-DEFENSE SUPPORT
Title II-DEVELOPMENT LOAN FUND
Title III-TECHNICAL COOPERATION
Title IV-SPECIAL ASSISTANCE AND OTHER PROGRAMS
Chapter III-CONTINGENCY FUND
Chapter IV-GENERAL AND ADMINISTRATIVE PROVISIONS 2
SEC. 2.3 STATEMENT OF POLICY. -(a) The Congress of the United
States recognizing that the peace of the world and the security of the
United States are endangered as long as international communism and
the nations it controls continue by threat of military action, use of
-economic pressure, internal subversion, or other means to attempt to
[NOTE.-The Mutual Security Act will be referred to as the MSAct.]
122 U. S. C. ? 1751. This sentence and the following TABLE OF CONTENTS added by
sec. 2 of the MSAct of 1958.
2 Sec. 501 of CHAPTER V of the MSAct of 1958 reorganized the form. of the MSAct of
1954, as amended, as follows : S
s re de: "TITLE It ruck DEFENSE ASSIS'TANCEthChiapternl chapter QAssstance ,
and substituted therefor "CHAPTER I-MILITARY ASSISTANCE";.
Sec. 501 (2) struck out, immediately before see. 1.31, the chapter heading, which read:
"Chapter 3-Defense Support", and substituted therefor "CHAPTER II-ECONOMIC
ASSISTANCE-TITLE I-DEFENSE SUPPORT" ;
Sec. 501 (5) struck out, immediately before sec. 141, the chapter heading, which read:
"Chapter 4-General Provisions Relating to Mutual Defense Assistance"
Sec. 501 (11) amended the heading of TITLE IV, which read: "'TITLE IV-OTHER
PROGRAMS", to read "TITLE IV-SPECIAL ASSISTANCE AND OTHER PROGRAMS" ;
Sec. 501 (12) (A) inserted, immediately after sec. 420, the following new chapter head-
ing : "CHAPTER III-CONTINGENCY FUND" :
Sec. 501 (12) (B) redesignated former sec. 401 as see. 451 of chapter III;
Sec. 501 (16) struck out. immediately before sec. 501, the title and chapter heading, which
read : "TITLE V-MISCELLANEOUS PROVISIONS-Chapter 1-General Provisions" and
substituted therefor "CHAPTER IV-GENERAL AND ADMINISTRATIVE PROVISIONS" .
Sec. 501 (23) struck out, immediately before sec. 521, the chapter heading, which read :
C "apter 2-Organization and Administration" ; and
Sec. 501 (30) struck out, immediately before sec. 541, the chapter heading, which read:
"Chanter 3-Repeal and Miscellaneous Provisions".
2 22 U. S. C. ? 1750. Added by sec. 2 of the MSAct of 1956.
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bring under their domination peoples now free and independent and
continue to deny the rights of freedom and self-government to peoples
and nations once free but now'subject to such domination, declares
it to be the policy of the United States to continue as long as such
danger to the peace of the world and to the. security of the United
States persists to make available to free nations and peoples upon
request assistance of such nature and in such amounts as the United
States deems advisable compatible with its own stability, strength,
and other obligations, and as may be needed and effectively used by
such free nations and peoples to help them maintain their freedom.
(b) 4 It is the sense of the Congress that inasmuch as-
(1) the United States, through mutual security programs, has
made substantial contributions to the economic recovery and re-
habilitation of the nations of Western Europe;
(2) due in part to those programs, it has been possible for such
nations to achieve complete economic recovery and to regain their
military strength; and
(3) certain other friendly nations of the world remain in need
of assistance in order that* they may defend themselves against
aggression and contribute to the security of the free world,
those nations that have been assisted in their recovery should, in the
future, share with the United States to a greater extent the financial
burden of providing aid to those countries which are still in need of
assistance of the type provided under this Act.
(c) 6 It is the sense of the Congress that assistance under this Act
shall be administered so as to assist other peoples in their efforts to
achieve self-government or independence under circumstances which
will enable them to assume an equal station among the free nations
of the world and to fulfill their responsibilities for self-government
or independence.6
CHAPTER I-MIIfrrARY ASSISTANCE
SEC.101.7 PURPOSE OF CHAPTER.-The Congress of the United States
reaffirms the policy of the United States to achieve international peace
and security through the United Nations so that armed force shall not
be used except in the common defense. The Congress hereby finds that
the efforts of the United States and other nations to promote peace and
security require additional measures of support based upon the prin-
ciple of continuous and effective self-help and mutual aid. It is the
purpose of this chapter to authorize measures in the common defense
including the furnishing of military assistance to friendly nations and
international organizations in, order to promote the foreign policy, se-
curity, and general welfare of the United States and to facilitate the
effective participation of such nations in arrangements for individual
and collective self-defense. In furnishing such military assistance, it
remains the policy of the United States to continue to exert maximum
efforts to achieve universal control of weapons of mass destruction and
universal regulation and reduction of armaments, including armed
+ Former see. 549 (a), inserted by the MSAct of 1955 was redesignated sec. 2 (b) by see. 2
of the MSAct of 1956.
s Former sec. 649 (b) inserted by the MSAct of 1955 was redesignated sec. 2 (c) by sec. 2
of the MSAct of 1956.
u See footnote 2.
4 22 U. S. C. ? 1811.
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LEGISLATION ON FOREIGN RELATIONS 3
forces, under adequate safeguards to protect complying nations against
violation and evasion.
The Congress reaffirms its previous expressions favoring the crea-
tion by the free peoples of the Far East and the Pacific of a joint or-
ganization, consistent with the Charter of the United Nations, to estab-
lish i program of self-help and mutual cooperation designed to develop
their economic and social well-being, to safeguard basic rights and lib-
erties and to protect their security and independence.
The Congress hereby reiterates its opposition to the seating in the
United Nations of the Communist China regime as the representative
of China.,, In the event of the seating of representatives of the Chinese
regime in the Security Council or General Assembly of the United Na-
tions, the President is requested to inform the Congress insofar as is
compatible with the requirements of national security, of the implica-
tions of this fiction upon the foreign policy of the United States and
our foreign relationships, including that created by membership in the
United Nations, together with any recommendations which he may
have with respect to the matter.
SEC. 102.9 GENERAL AUTrroiITY.-Military assistance may be fur-
nished under this chapter on a grant or loan basis 10 and upon such
other appropriate terms as may be agreed upon, by the procurement
from any source and the transfer to eligible nations and international
organizations of equipment, materials, and services or by the provision
of any service, including the assignment or detail of members of the
Armed Forces and other personnel of the Department of Defense
solely to assist in an advisory capacity or to perform other duties of
a non-combatant nature, including military training or advice."
NOTE.-The amount appropriated by the Mutual Security
Appropriation Act, 1959, appears as a footnote to each author-
ization in the Mutual Security Act of 1954, as amended. Sec-
tion 104 of the Mutual Security Appropriation Act, 1959,
states : "Except for the appropriations entitled `President's
special authority and contingency fund' and `Development
loan fund', not more than 20 percentum of any appropriation
item made available by this Act shall be obligated and/or
reserved during the last month of availability."
6 See also sec. 12, MSAct of 1955, page 63, and sec. 105, Mutual Security Appropriation
Act, 1959, page 69.
9 22 U. S. C. ? 1812.
10 See also sec. 505 of this Act.
11 See also 10 U. S. C. ? 712, subsec. (b) of which was amended by sec. 502 (k) of the
MSAct of 1958, effective April 1, 1959, which provides
(a) Upon the application of the country concerned, the President. whenever he con-
siders it in the public Interest, may detail members of the Army, Navy, Air Force, and
Marine Corps to assist in military matters-
` (1) any republic in North America, Central America, or South America ;
"(2) the Republic of Cuba, Haiti, or Santo Domingo; and
" 3 during a war or a declared national emergency, any other country that he con-
siders it advisable to assist In the interest of national defense.
"(b) Subject to the prior approval of the Secretary of the military department con-
cerned, a member detailed under this section may accept any office from the country to
which he is detailed. He is entitled to credit for all service while so detailed, as if serving
with the armed forces of the United States. Arrangements may be made-by the President,
with countries to which such members are detailed to perform functions under this section,
for reimbursement to the United States or other sharing of the cost of performing such
functions."
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4 LEGISLATION ON FOREIGN RELATIONS
SEC. 10312 AuMORIZATIONS.-(a) 13 There is hereby authorized to
be appropriated to the President for use beginning in the fiscal year
1959 to carry out the purposes of this chapter not to exceed $1,605,-
000,000,14 which shall remain available until expended.
(b) Funds made available pursuant to subsection (a) of this section
shall be available for the. administrative and operating expenses of
carrying out the purpose of this chapter 16 including expenses incident
to United States participation in international security organizations.16
(c) 117 When appropriations made pursuant to subsection (a) of this
section are used to furnish military assistance on terms of repayment
within ten years or earlier such assistance may be furnished, notwith-
standing sections.105, 141, and 142, to nations eligible to purchase
military equipment materials, and services under section 106. When
appropriations mace pursuant to this section are used to furnish mili-
tary assistance on terms of repayment within three years or earlier,
dollar repayments, including dollar proceeds derived from the sale of
foreign currency received hereunder to any United States Government
agency or program, may be credited to the current applicable appro-
priation and shall be available until expended for the purposes of mili-
tary assistance on terms of repayment, and, notwithstanding section
1415 of the Supplemental Appropriation Act, 1953,18 or any other
provision of law relating to the use of foreign currencies or other
receipts accruing to the United States, repayments in foreign currency
may be used for the purposes of this chapter : Provided, That the.
authority in this sentence shall apply to repayments from not to exceed
$175,000,000 of the appropriations used for such assistance.1?
SEC. 104.20 INFRASTRUCTURE.- (a) The President is authorized to
make contributions to infrastructure programs of the North Atlantic
12 22 U. S. C.?1513.
la subsec. (a) was amended by sec. 2 (a) (1) of the MSAct of 1957. It formerly read as
follows :
"There is hereby authorized to be appropriated to the President, in addition to appropria-
tions authorized by section 104, not to exceed $1,270,000,000 to carry out the purpose of
this =r; and, in addition, unexpended balances of appropriations for military assist-
ance each paragraph of the Mutual Security Appropriation Act, 1954 (including the
appropriation for mutual special weapons planning), are hereby authorized to be continued
available for the purpose, of this chapter and to be consolidated with the appropriation
authorized by this subsection ; all of which is hereby authorized to be continued available
through June 30, 1955.
"(2) In addition, there is hereby authorized to be appropriated to the President to carry
but the purposes of this chapter not to exceed $1,133,000,000, to remain available until
expended.
(3) In addition, there is hereby authorized to be appropriated to the President to carry
out the purposes of this chapter not to exceed $2,225,000,000, which shall remain available
tntil expended."
14 Mutual Security Appropriation Act, 1959-$1,515,000,000.
5 The words "and of section 124" after "chapter" were deleted by sec. 2 (a) (2) of the
MSAct of 1957.
11 Mutual Security Appropriation Act, 1959, permits the use of not to exceed $25,000,000
of the military assistance appropriation for administrative expenses to carry out the pur-
poses of chapter I.
14 This subsection was substituted by sec. 2 (c) of the MSAct of 1955 for repealed sec.
103 (c) of the MSAct of 1954, which read as follows :
'(c) Funds made available pursuant to subsection (a) of this section may be used for the
procurement of equipment or materials outside the United States unless the President
determines that such procurement will result in one or more of the following conditions :
"(1) Adverse effects upon the economy of the United States, with special reference
to any areas of labor surplus, or upon the industrial mobilization base, which outweigh
the strategic and logistic advantages to the United States of procurement abroad ;
1(2) Production of such equipment or materials outside the United States under
inadequate safeguards against sabotage or the release to potential enemies of informa-
tion detrimental to the security of the United States:
"(3) Unjustifiable cost in comparison with procurement in the United States, taking
into account transportation costs for delivery overseas ; and
"(4) Delays in delivery incompatible with United States defense objectives."
18 For text, see page 74.
19 This last sentence was added by sec. 2 (a) (3) of the MSAct of 1957.
22 U. S. C. ? 1814.
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LEGISLATION ON FOREIGN RELATIONS rJ
Treaty Organization,21 in accordance with agreements 22 made between
the member nations, out of funds made available pursuant to this
section, or section 103, or chapter IX of the Supplemental Appro-
priation Act, 1953, of amounts totaling not more than $1,000,000,000,25
less amounts already contributed for such purpose.24 Such contribu-
tions by the United States shall not exceed its proportionate share, as
heretofore agreed upon, of the expenses of such programs.
(b) When the President determines that it is in the interest of the
security of the United States to participate in programs for the acqui-
sition or construction of facilities in foreign nations for collective
defense other than programs of the North Atlantic Treaty Organiza-
tioii, he may use for such purpose funds- made available under section
103 or local currencies made available under section 402 in amounts
totaling not more than $50,000,000.
(c) Notwithstanding section 501 of this Act, no funds other than
those referred to in subsections (a) and (b) of this section may be ex-
pended for the purposes of this section. No funds shall be expended
under this section for rental or purchase of land or for payment of
taxes.
SEC.105.25 CONDITIONS APPLICABLE TO MILITARY ASSISTANCE 20-(a)
Military assistance may be furnished under this chapter to any nation
whose increased ability to defend itself the President shall have de-
termined to be important to the security of the United States and
which is otherwise eligible to receive such assistance. Equipment and
materials furnished under this chapter shall be made available solely
to maintain the internal security and legitimate self-defense of the
recipient nation, or to permit it to participate in the defense of its
area or in collective security arrangements and measures consistent
with the Charter of the United Nations. The President shall be
satisfied that such equipment and materials will not be used to under-
take any act of aggression against any nation.
(b) In addition to the authority and limitations contained in the
preceding subsection, the following provisions shall apply to particular
areas:
(1) 27 The Congress welcomes the recent progress in European
cooperation and reaffirms its belief in the necessity of further
efforts toward political federation, military integration, and eco-
nomic unification as a means of building strength, establishing
security, and preserving peace in the North Atlantic area. In
order to, provide further encouragement to such efforts, the Con-
gress believes it essential that this Act should be so administered
21 For text of North Atlantic Treaty, see page 337.
22 The word "already" after "agreements" was deleted by sec. 2 (b) of the MSAct of 1957.
41,000,000,000" was substituted for "$780 000,000" by sec. 2 (b) of the MSAct of 1957
is The former second sentence of sec. 104 (ai was deleted by see. 2 (b) of the MSAct of
1957. It read as follows : "There is hereby authorized to be appropriated to the President
for such purpose, in installments prior to June 30, 1958, not to exceed $321,000,000, to
remain available until expended."
E322 U. S. C. ?1815.
fe See also secs. 141 and 142 of this Act.
27 This paragraph was amended by sec. 2 (d) of the MSAct of 1955. It formerly read as
follows :
"(1) In order to promote an integrated defense of the North Atlantic area and to sup-
port ncrete measures for political federation, military integration, and economic unifica-
tion inco Europe, equipment and materials of the value programmed for fiscal years 1954 and
1955 for nations signing the treaty constituting the European Defense Community shall,
pending the coming into force of the treaty, be delivered only to such of these nations as
have ratified the treaty, and have joined together in or are developing collective defense
programs in it manner satisfactory to the United States as determined by the President."
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as to support concrete measures to promote greater political fed-
eration, military integration, and economic unification in Europe,
including coordinated production and procurement programs par-
ticipated in by the members of the North Atlantic Treaty Or-
ganization 28 to the greatest extent possible with respect to military
equipment and materials to be utilized for the defense of the
North Atlantic area.29
(2) Military assistance furnished to any nation in the Near
.East and Africa 110 to permit it to participate in the defense of its
area shall be furnished only in accordance with plans and ar-
rangements which shall have been found by the President to re-
quire the recipient nation to take an important part therein.
(3) In furnishing military assistance in Asia,31 the President
shall give the fullest assistance, as far as possible directly, to
the free peoples in that area, including the Associated States of
Cambodia, Laos, and Vietnam, in their creation of a joint organi-
zation, consistent with the Charter of the United Nations, to
establish a program of self-help and mutual cooperation designed
to develop their economic and social well-being, to safeguard
basic rights and liberties, and to protect their security and inde-
pendence.
(4) Military assistance may be furnished to the other American
Republics only in accordance with defense plans which shall have
been found by the President to require the recipient nation to
participate in missions important to the defense of the Western
Hemisphere.32 The President annually shall review such find-
ings and shall determine whether military assistance is necessary.
Internal security requirements shall not normally be the basis
for military assistance programs to American Republics.-
Is For text of North Atlantic Treaty, see page 337.
se The last half of this sentence, beginning with the words "Including coordinated", added
by sec. 102 of the MSAct of 1958.
O Sec. 2 (e) of the MSAct of 1955 amended this paragraph by striking out "Near East,
Africa, and South Asia" and inserting in lieu thereof "Near East and Africa".
Sec. 2 (e) of the MSAct of 1955 amended this paragraph by striking out "the Far East
and the Pacific" and inserting in lieu thereof "Asia". The words "and in carrying out
the provisions of section 121 of this Act" after "Asia" were deleted by sec. 2 (c) of the
MSAct of 1957.
85 Subsecs. (c) and (d) of sec. 105 of the MSAct of 1954 were deleted by sec. 3 (b) of
the MSAct of 1956. They read as follows :
"(c) The Secretary of Defense shall insure that the value (as determined pursuant to
section 545) of equipment, materials, and services heretofore furnished under military
assistance programs authorized by Acts repealed by this Act or hereafter furnished pur-
suant to section 103 (a) to nations or organizations in each of the four areas named in
this subsection shall not exceed the total of the fupds heretofore made available for
military assistance in that area pursuant to Acts repealed by this Act plus the amount
herein specified for that area :
"(1) In the European area (excluding Greece and Turkey), $617,500,000.
"(2) In the Near East (including Greece and Turkey) and Africa, $181,200,000.
"(3) In Asia, $583,600,000.
"(4) In the Western Hemisphere. $13,000,000.
"(d) Whenever the President determines it to be necessary for the purpose of this
title, equipment, materials, and services of a value not to exceed 15 per centum of the
sum of (1) that portion of the unexpended balances referred to in section 103 (a) which
was available on Y. 30, 1954, to furnish assistance in any of the areas named in sub-
section (c) of this section, and (2) the amount specified in the applicable paragraph of
subsection (c) of this section for additional assistance in such area, may be furnished
in any other such area or areas, notwithstanding the limitations set forth in subsection
(c) of this section. Funds heretofore obligated or programmed or hereafter made avail-
able solely for the purpose of section 104 (pertaining to infrastructure) shall not be
included in the total fixed for each such area. Funds heretofore appropriated for
military assistance in a particular geographic area but transferred from such use under
section 513 of the Mutual Security Act of 1951, as amended, or under section 408(c) of
the Mutual Defense Assistance Act, shall be included in the total for the area for the
benefit of which such transfer was made, and not in the total for the area from which
the transfer was made."
? The last two sentences of this paragraph were added by see. 103 of the M'SAct of
1958.
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LEGISLATION ON FOREIGN' RELATIONS 7
SEC. 106,4 SALE or MILITARY EGZUIPMENT, MATERIALS, AND SERV-
IcEs.-(a.) The President may, in order to carry out the purposes of.
this chapter, sell or enter into contracts (without requirement `for
charge to any appropriation or contract authorization) for the pro..
cerement for sale of equipment, materials, or services to any nation or
international organization : Provided, That prior to the transfer of
any such equipment, materials, or services to any nation which has not
signed an agreement under section 142 of this Act or joined with the
United States in a regional collective defense arrangement, the Presi-
dent shall have received commitments satisfactory to him that such
equipment, materials, or services are required for and will be used by
such nation solely to maintain its internal security,, its legitimat6
self-defense or to permit it to participate in the defense of the area,,
of which it is a part, or in collective security arrangements and meas-
ures consistent.with the Charter of the United Nations, and that it
will not undertake any act of aggresison against any other state.
(b) Whenever equipment. or materials are sold from the stocks of or
services are rendered by any United States Government agency to
any nation or international organization as provided in subsection
(a), such nation or international organization shall first make avail
able the fair value, as determined by the President, of such equipment,,
materials, or services before delivery or, when the President deter
mines it to be in the best interests of the United States, within sixty
days thereafter or, as determined by the President, within a reason;
able period not to exceed three years. The fair value for the purpose
of this subsection shall not be less than the value as defined in sub-:
section (h) of section 545: Provided, That with respect to excess'
equipment or materials the fair value may not be determined to be
less than,(i) the minimum value specified in that subsection plus the
scrap value, or (ii) the market value, if ascertainable, whichever is
the greater. Before a contract for new production is entered into, or
rehabilitation work is undertaken, such nation or international organi-
zation shall (A) provide the United States with a dependable under-
taking to pay the full amount of such contract or the cost of such
rehabilitation which will assure the United States- against any loss
on the. contract or rehabilitation work, and (B) shall make funds
available in such amounts and at such times as may be necessary to
meet the payments required by the contract or the rehabilitation work
in advance of the time such payments are due, in addition to the
estimated amount of any damages and costs that may accrue from the
cancellation of such contract or rehabilitation work.
(c) Sections 105, 141, and 142 shall not apply with respect to assist-
ance furnished under this section.
SEC. 107.'5 WAIVERS or LAw.-(a) The President may perform
any of the functions authorized under this chapter without regard to
(1) the provisions of title 10, United States Code, section 7307 (a)3C-
and (2) such provisions. as he may specify of the joint resolution 01
November 4,1939 (54 Stat. 4), as amended.
~4 22 U. S. C. 1816.
22 U. S, C. ? 1817.
Sec. 2. (d) (1) of the MSAet of 1057 substituted "10 U. S. C. 7307 (a)" for "10
Us, C. 1262 (a), and title 34, United States Code, section 546 (e)".
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 (b) Notwithstandi
section 3544 (b) an
Defense may be assig
of enabling the Presi
SEC. 108.38 TRANS
(Repealed)
g the provisions of title 10, United States Code,
8544 (b)37, personnel of the Department of
ed or detailed to any civil office for the purpose
ent to furnish assistance under this Act.
OF MILITARY EQUIPMENT TO JAPAN.-* * *
TFIEAST ASIA AND THE WESTERN PACIFIC,
FORCES SUPPORT * * *(Repealed)
NOTE APPLICAB E TO ALL SUBSEQUENT SECTIONS OF THIS
ACT.-Mutual Sec rity Appropriation Act, 1959-"Funds ap-
propriated under ach paragraph of this Act (other than ap-
propriations unde the head of military assistance), including
unobligated balan es contained available, and amounts certi-
fied pursuant to se tion 1311 of the Supplemental Appropria-
tion Act,1955, as h ving been obligated against appropriations
heretofore made f r the same general purpose as such para-
graph, which amo nts are hereby continued available (except
as may otherwise b specified in this Act) for the same general
period as the resp ctive appropriations in this Act for the
same general purp se, may be consolidated in one account for
each paragraph." Page 68.)
follows :
"Sac. 108. TRANSFER OF M
President is hereby authorize
1950, upon such terms and c
by the MSAct of 1957. The repealed section reaa as
to transfer to the Government of japan, until June 80,
nditlons as he may specify, and upon its request. United
A supplies programmed for Japan to meet its Internal
meat and supplies so transfer ed, and no funds heretofore or hereafter appropriated for
the purpose of this chapters all be available for reimbursement to any United 'States
89 This chapter was repeale
follows :
"CHAPTER 2-SOUTHEAST ASI AND THE WESTERN PACIFIC, AND DIRECT FORCES SUPPORT
"SEC. 121. SOUTHEAST ASIA AND THE WESTERN PACIFIC.-There is hereby authorized
to be appropriated to the Pres dent for the fiscal year 1955, to be made available on such
terms and conditions, ineludi g transfer of funds, as he may specify, not to exceed
$700,000,000 for expenses nece sary for the support of the forces of nations In the area
of Southeast Asia, including .t furnishing as far as possible, of direct assistance to the
Associated States of Cambodia Laos, and Vietnam as well as to the forces of other free
nations in the area Including hose of France located in such Associated States and for
other expenditures to accompli h in Southeast Asia and the Western Pacific the policies
and purposes declared in this A I. In addition, the unexpended balances of funds allocated
from appropriations made puns ant to sections 304 and 540 of the Mutual Security Act (if
1951, as amended, for the pur ose of support of the forces of the Associated States of
Cambodia, Laos, and Vietnam Rd the forces of France located in the Associated States,
are hereby authorized to be co tinned available for the purpose of this section through
June 30, 1955, and to be cons idated with the appropriation authorized by this section.
Assistance under this title sha I be made available subject to the provisions of sections
141 and 142 except that (1) in he case of assistance to the Associated States of Cambodia,
Laos, and 'V'ietnam, and (2) in the case of assistance (not to exceed in the aggregate 10
per centum of the amount app opriated pursuant to this section, excluding unexpended
balances of prior appropriation to other nations, the President may waive specific provi-
aions of section 142 to the exte t lie may deem necessary In the national interest to carry
.out the purposes of this Act. The President or such officer as he may designate shall
report each instance of such w aver to the Foreign Relations, Appropriations, and Armed
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LEGISLATION ON FOREIGN RELATIONS
CHAPTER II-EcoNomic ASSISTANCE 40
TITLE I-DEFENSE SUPPORT
SEC. 131.41 GENERAL AUTHORITY.- (a) The President is hereby au-
thorized to furnish, to nations and organizations eligible to receive
military assistance under Chapter I 42, or to nations which have joined
with the United States in a regional collective defense arrangement,
commodities, services, and financial and other assistance specifically 43
designed to sustain and increase military effort. In furnishing such
assistance, the President may provide for the procurement and trans-
fer from any source of any commodity or service (including process-
ing, storing, transporting, marine insurance, and repairing) or any
technical information and assistance.
(b) 44 There is hereby authorized to be appropriated to the Presi-
dent for use beginning in the fiscal year 1959 45 to carry out the pur-
poses of this section not to exceed $814,000,000,40 which shall remain
available until expended.41
Services Committees of the Senate and the Foreign Affairs, Appropriations, and Armed
Services Committees of the House of Representatives within thirty (lays.
"It is the sense of the Congress that no part of the funds appropriated under this
section shall be used on behalf of governments which are committed by treaty to maintain
Communist rule over any defined territory of Asia.
" SEC. 122. PRODUCTION FOR Foacas SUPPORT.-There is hereby authorized to be appro-
priated to the President for the fiscal year 1.955, to be made available on such terms and
conditions, including transfer of funds, as he may specify, not to exceed $35,000,000 for
manufacture in the United Kingdom of military aircraft required by United Kingdom
forces for the defense of the North Atlantic area. In addition, unexpended balances of
appropriations made pursuant to section 102 of the Mutual Security Act of 1951, as
amended, are hereby authorized to be continued available for their original purposes through
June 30, 1955, and the unexpended balance of the appropriation made pursuant to the
second clause of that section is authorized to be consolidated with the appropriation
authorized by this section.
'SEC. 123. COMMON USE ITEnzS.-There is hereby authorized to be appropriated to the
President for the fiscal year 1955 not to exceed $60,000,000 for the provision of any com-
mon-use equipment, materials, commodities, or services which are to be used by military
forces of nations receiving assistance under chapter 1 of this title. Programs authorized
by this section shall be administered in accordance with the provisions of chapter 1 or
chapter.3 of this title.
"SEC. 124. DIRECT FORCES SUPPORT: There is hereby authorized to be appropriated to
the President for the fiscal year 1956 not to exceed $317,200,000 to provide assistance in
the form of direct forces support to, be delivered or rendered directly to the military forces
of nations eligible for military assistance under chapter 1 of this title. The President
may, not withstanding the provisions of section 501, consolidate all or any part of appro-
priations made pursuant to this section with. appropriations made pursuant to section 103.
Programs authorized by this section may be a ministered in accordance with the provi-
sions of chapter 1 or chapter 3 of this title."
40,See footnote 2.
4i 22 U. S. C. ? 1841.
43 Sec. 501 (3) of the M'SAct of 1958 struck out "Chapter 1 of this title" and inserted
in lieu thereof "chapter I."
43 The word "specifically" was added by sec. 4 (a) (1) of the M'SAet of 1957.
44 Subset. (b) was amended by sec. 4 (a) (2) of the M'SAct of 1957. It formerly read
as follows :
"(b) There is hereby authorized to be appropriated to the. President for the fiscal year
1955 to carry out the provisions of this section, not to exceed-
'((1) $46,000,000 for Europe (excluding Greece and Turkey)
"(2) $73,000,000 for the Tear East (including Greece and Turkey), Africa, and
South Asia and
(3) $80,098,195 for the Par East and the Pacific.
"In addition, unexpended balances of appropriations heretofore made pursuant to sec-
tion 541 of. the Mutual Security Act of 1951, as amended, are hereby authorized to be
continued available for the purpose of this subsection through June 30, 1955, and to be
consolidated with the appropriation authorized for the same area by this subsection :
Provided, That portions of such unexpended balances which have been allocated to assist-
ance for Greece and Turkey shall be consolidated with the appropriation authorized by
paragraph (2) of this subsection."
45 ec. 201 of the MSAct of 1958 struck out "1958" and inserted "1959" in 1 a thereof.
40 'See, 201 of the M'SAct of 1958 struck out "$750,000,000" and inserted "$810.000,000"
In lieu thereof.
4I Mutual Security Appropriation Act, 1959-$750,000,000: "Provided, That not less
than $50,000,000 thereof shall, be available for Spain exclusive of technical cooperation;".
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N FOREIGN RELATIONS
(c) 48 In providing a;
the United States, Uni
marine insurance on Su
on a competitive basis i
vailirig prior to the out
discriminates against al
business in any State of
with funds provided h
be insured in the Unite
or companies authorize
section in Korea (1) as
without regard to the
and (2) the authority
furnishing assistance u2 der subsection (a) of this section; and funds
available under this section may be used for payment of ocean freight
charges on shipments for relief and rehabilitation in Korea without
regard to section 409 oft u_is Act.
SEC. 132.51 KOREAN PROGRAM.-* * * (Repealed)
4'Sec. 4 (a) (3) of the MSA t of 1957 struck out former subsection "(c)" and redesig-
nated as subsection "(c)" form r subsection "(d)", which had been added by see. 4 of the
MSAct of 1955. Former subset ion "(c)" read as follows
"~c) ThereIs hereby author zed to be appropriated to the President for the fiscal year
195b to carry out the provisions of this section, not to exceed-
f92,000,000 for Ell ope (excluding Greece and Turkey)
" 2) 102,500,000 for tie Near East (including Greece and Turkey) and Africa
"(3) $827,800,000 for A is ;
and for the fiscal year 1957 not o exceed---
"(1) $71,200,000 for Ell ope (excluding Greece and Turkey)
"(2) $170,000,000 for tie Near East (including Greece and Turkey) and Africa
"(3) 882,000,000 for A in; and
"(4) , 52,000,000 for Latin America.
"Funds made available unde, paragraph (4) may be used to furnish assistance designed
to sustain and increase militar effort or political or economic stability, and may be used
without regard to the require eats of sections 141 and 142 in the case of any nation
which is a party to the Inter- merican Treaty of Reciprocal Assistance and which- has
adhered to the resolution of 19 4 entitled : 'Declaration of Solidarity for the Preservation
of the Political Integrity of the American States against the Intervention of International
Communism.' Of the funds made available under paragraph (4), the sum of $15,000,000
shall remain available until expended, notwithstanding any other provision of this sub-
section, and in the utilization of such sum preference shall be given to (A) projects or
programs that will clearly con ribute to promoting health, education, and sanitation in
the area as a whole or among a group or groups of countries of the area, (B) joint
health, education, and sanitat on assistance programs undertaken by members of the
Organization of American States, and (C) such land resettlement programs as will con-
tribute to the resettlement of foreign and native migrants in the area as a whole, or in
any country of the area, for he purpose of advancing economic development and agri-
cultural and industrial product vity : Provided, That assistance under this sentence shall
emphasize loans rather than giants wherever possible, and not less than 75 per centum
of the funds made available fo aseistance under this sentence shall be available only for
furnishing assistance on terms of repayment in accordance with the provisions of sec-
tion 505.
"Funds made available for a sistance to Korea from appropriations authorized by this
section may be used in accorda cc with the applicable provisions of section 132 of this
19Subsection "(d)"was added by sec. 4 (a) (4) of the MSAct of 1957. It was drawn,
from repealed sec. 132 (for text, see footnote 51 below).
so Sec. 501 (4) of the MSAct of 1958 inserted the words "or -chapter I".
51 This section was repealed b the MSAct of 1957. The repealed section read its follows
"SEc. 132. KOREAN PROGRAM. (a) There is hereby authorized to be appropriated to the
President for the fiscal year 19 5 not to exceed $205,000,000 to be expended, upon terms
and conditions specified by the resident, for defense support, relief and rehabilitation, and
other necessary assistance (including payment of ocean freight charges on shipments for
relief and r(Ahabilitation, witho it regard to section 409 of this Act) in those parts of
Korea which the President shat have determined to be not under Communist control. In
addition, unexpended balances of funds heretofore allocated for the purpose of relief and
rehabilitation in Korea pursuai t to the paragraph entitled 'Relief and Rehabilitation in
Korea,' chapter VII, Supplemental Appropriation Act, 1954, and unobligated balances of
tine appropriation for 'Civilian Relief in Korea,' title III, Department of Defense Appro-
sistance in the procurement of commodities in
ed States dollars shall be made available for
Ii commodities where such insurance is placed
reak of World War-II : Provided, That in the
y nm.arine insurance company authorized to do
lie United States, then commodities purchased
reunder and destined for such country shall
I to do a marine insurance business in any
(d) 4? To the extent #lecessary to accomplish the purposes of this
ther provisions of this title or chapter I5?
rovided in section 307 may be exercised in
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LEGISLATION ON FOREIGN RELATIONS 11
SEC. 141.51 CONDITIONS OF ELIGIBILITY FOP ASSISTANCE.'-NO as-
sistance shall be furnished under this title or chapter I64 to any
nation or organization unless the President shall have found that
furnishing such assistance will strengthen the security of the United
States and promote world peace. 'No such assistance shall be fur-
nished to a nation unless it shall have agreed to the provisions re-
quired by section 142, and. such additional provisions as the President.
deems necessary to effectuate the policies and provisions of this title
or chapter 1 54 and to safeguard the interests of the United States.
SEC. 142.55 11GREEMENTS.56-(a) 57 No assistance shall be furnished
to any nation under chapter I or under this title 58 unless such nation
shall have agreed to-
(1) join in promoting international understanding and good
will, and maintaining world peace;
(2) take such action as may be mutually agreed upon to elimi-
nate causes of international tension;
(4) fulfill the military obligations, if any, which it has as-
sumed under multilateral or bilateral agreement or treaties to
which the United States is a party;
(4) make, consistent- with its political and economic stability,
the full contribution permitted by its manpower, resources, facil
ities, and general economic condition to the development and.
maintenance of its own defensive strength and the defensive
strength of the free world;
(5) take all reasonable measures which may be needed to de-
velop its defense capacities;,
priation Act 1954, are hereby authorized to be continued available for the purposes of
this subsection through June 30, 1955, and to be consolidated with the appropriation
authoI'ited by this subsection,
"(b) (1) Notwithstanding the provisions of any other law, the President is authorized,
at any time prior to twenty-:four months from the date of enactment of this Act, to transfer
to the Republic of Korea, by sale or charter and on such terms and conditions as he may
specify, not more than eight Cl-M-AV1 vessels. Any agency of the United States Govern-
ment owning or operating such vessels is authorized to make such vessels available for
the purpose of this subsection : Provided, That if after investigation it Is determined by
the President that there are privately owned C1-M-AVI vessels offered and available for
sale by American citizens as defined in section 2 of the Shipping Act, 1916, as amended, at
prices equal to or less than those provided for in subsection (b) (2) below, such vessels
shall be acquired by an owning or' operating agency designated by the President for the,
purpose of this subsection. Funds made available pursuant to subsection (a) of this
section shall be available for the purpose of this subsection.
ch" (2) 2 Sh Such transfers shall be made at prices determined under section 3 of the Met-
1 Sales Act of 1946 (50 u. 8. C. App. 1736) : Provided, That such vessels shall
be placed in class in accordance 'with minimum requirements of the American Bureau of
Shipping by the owning or operating agency, and the expense of placing In class shall be
reimbursed to such agency.
"(c) There is hereby authorized to be appropriated for the fiscal-year 1955 not to exceed
$3,452,615 for making contributions to the United Nations Korean Reconstruction Agency
or expenditure through such other agency for relief and rehabilitation in -Korea as the
President may direct. In addition, the unexpended balance of the appropriation made
pursuant to the last sentence of section 303 (a) of the Mutual Security Act of 1951, as
amended, is hereby authorized to be continued available for the purpose of this subsection
through June 30, 1955, and to be consolidated with the appropriation authorized by this,
subsection. Sections 141 and 142 of this Act shall not apply with respect to assistance
furnished under this subsection.
"(d) To the extent necessary to accomplish the purposes of this section (1) assistance
may, he furnished under this section without regard to the other provisions of this title
and (2) the authority provided in section 307 may be exercised in furnishing assistance
under subsection (a) of this section."
52 22 U. S. C. $ 1851.
6''See also sec. 105 of this Act.
5 Sec. 501 (6) of the MSAct of 1958 inserted the words "or chapter I" after "title".
6522U. S.C. ? 1852.
54 See also sec. 543 (b) of this Act.
w'Subscc. "(a)" was inserted by sec. 5 of the MSAct of 1955.
5"Sec. 501 (7) (B) of the MSAct of 1958 struck out the words "under this title" and
Inserted "under chapter I or under this title."
33641-59--2
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(6) take appropriate steps to insure the effective utilization
of the assistance furnished under this title in furtherance of the
policies and purposes of chapter I or of this title; 59
(7) impose appropriate restrictions against transfer of title
to or possession of any equipment and materials, information, or
services furnished under chapter I 60 without the consent of the
President;
(8) maintain the security of any article, service, or informa-
tion furnished under chapter I; 00
(9) furnish equipment and materials, services, or other assist-
ance consistent with the Charter of the United Nations, to the
United States or to and among other nations to further the
policies and purposes of chapter I; 60
(10) permit continuous observation and review by United
States representatives of programs of assistance authorized under
chapter I or under this title,':' including the utilization of any
such assistance and 62 provide the United States with full and
complete information with respect to these matters, as the Presi-
dent may require 63
(b) 64 In cases where any commodity is to be furnished on a grant
basis under this title G5 under arrangements which will result in the
accrual of proceeds to the recipient nation from the import or sale
thereof, such assistance shall not be furnished unless the recipient
nation shall have agreed to establish a Special Account, and
(i) deposit in the Special Account, under such terms and con-
ditions as may be agreed upon, currency of the recipient nation
in amounts equal to such proceeds;
(ii) make available to the United States such portion of the
Special Account as may be determined by the President to be
necessary for the requirements of the United States : Provided,
That such portion shall not be less than 10 per centuni in the case
of any country to which such minimum requirement has been
applicable under any Act repealed by this Act; and
(iii) utilize the remainder of the Special Account for pro-
grams agreed to by the United States to carry out the purposes
for which new funds authorized by this Act would themselves
be available 611: Provided, That if amounts in such remainder
exceed the requirements of such programs, the recipient nation
may utilize such excess amounts for other purposes agreed to by
the United States which are consistent with the foreign policy
60 See. 501 (7) (B) of the M'SAct of 1958 struck out the words "purposes of this title"
and inserted "hur oses of chapter I or of this title".
60 See. 501 (7) (A) of the MSAct of 1958 struck out "chapter I of this title" and inserted
"chapter I."
m Sec. 501 (7) (B) of the MSAct of 1958 struck out the words "under this title" and
inserted "under charter I or under this title."
52 The word "and' was substituted for "or" by see. 5 of the MSAct of 1955.
63 The word "and" which appeared at the end of this subparagraph was deleted by sec. 5
of the MSAct of 1955, and a period was substituted.
as Sec. 3 of the MSAct of 1955 changed the designation of this provision from "(11)" to
"(b)t' and revised the language of the introductory paragraph which previously read as
follows :
"(11) In cases where any commodity is furnished on a grant basis under any provi-
sion of this Act other than chapter 1 of title I under arrangements which will result
in the accrual of proceeds to the recipient nation from the import or sale thereof,
establish a Special Account, and ^ * * "
s Sec. 501 (8) of the MSAct of 1958 struck out "chapter 3 of title I of this Act" and
inserted in lieu thereof "this title".
80 See also sec. 502 of this Act.
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LEGISLATION ON FOREIGN RELATIONS 13
of the United States: Provided further, That such utilization of
.such excess amounts in all Special Accounts shall not exceed the
equivalent of $4,000,000,07
Any unencumbered balances of funds which remain in the Account
upon termination of assistance to such nation under this Act shall be
disposed of for such purposes as may, subject to approval by the Act
or joint resolution of the Congress, be agreed to between such country
and the Government of the United States.
SEC. 1431111 ASSISTANCE TO YUGOSLAVIA.-In furnishing assistance to
Yugoslavia, the President shall continuously assure himself (1) that
Yugoslavia continues to maintain its independence, (2) that Yugo-
slavia is not participating in any policy or program for the Commu-
nist conquest of the world, and (3) that the furnishing of such assist-
ance is in the interest of the national security of the United States. The
President shall keep the Foreign Relations Committee and the Appro-
priations Committee of the Senate and the Speaker of the House of
Representatives fully and constantly informed of any assistance fur-
nished to Yugoslavia under this Act.
Src. 144.89 SOUTHEAST ASIA.-Assistance, under this title or chapter
I 7e shall be made available subject to the provisions of sections 141 and
142, except that (1) in the case of assistance to the Associated States
of Cambodia, Laos, and Vietnam, and (2) in the case of assistance (not
to exceed in the aggregate 10 per centum of the amount appropriated
pursuant to section 121, excluding unexpended balances of prior ap-
propriations). to other nations in the area of southeast Asia, the Presi-
dent may waive specific. provisions of section 142 to the extent he may
deem necessary in the national interest to carry out the purposes of
this Act. The President or such officer as he may designate shall re-
port each instance of such waiver to the Foreign Relations, Appropria-
tions, and Armed Services Committees of the Senate and the Speaker
of the House of Representatives within thirty days.
TITLE IT-DEVELOPMENT LOAN FUND 71
SEC. 201.12 DECLARATION Or PuRrosE.-The Congress of the United
States recognizes that the progress of free peoples in their efforts to
Sec. 202 of the MSAct of 1958 added the last two provisos to this paragraph.
22 U. S. C. ? 1.853. See. 143 was amended by see. .5 (b) of the MSAct of 1957. It
formerly read as follows : `Notwithstanding any other provisions of law, no assistance
under this title or any other title of this Act, or under any provision of law repealed by
section 542 (a) of this Act, shall be furnished to Yugoslavia after the expiration of ninety
days following the date of the enactment of this section, unless the President finds and so
reports to the Congress, with his reasons therefor, (1) that there has been no change in
the Yugoslavian policies on the basis of which assistance under this Act has been furnished
to Yugoslavia In the past, and that Yugoslavia is independent of control by the S- let
Union, (2)~ that Yugoslavia is not participating in any policy or program for the Com-
munist conquest of the world, and (3) that it Is in the interest of the national security of
the United States to continue the furnishing of assistance to Yugoslavia under this Act.".
&D This section was added by sec. 5 c) of the MSAct of 1957. It was drawn from re-
pealed see. 121 (for text, see footnote 39, page 8).
'Q See. -501 (9) of the MSAct of.1958 added "or chapter P'.
n The heading of this title, which formerly read "DEVELOPMENT ASSISTANCE", was
changed by sec. 6 of the MSAct of 1957.
"22 U. S. C. ? 1871. Sees. 20-1 through 206 were added by sec. 6 of the MSAct of 1957,
which struck out former sec. 201 (a) and (b), and redesignated subsection ? (c)" as subsec-
tion "(d)" of see. 537 of this Act. Sec. 20,1 (a) and (b) formerly read as follows :
"SEc. 201. AUTHORIZATION.-(a) In addition to the funds heretofore appropriated pur-
suant to the provisions of sections 201 and 418 of this Act as in effect prior to the enact-
ment of the Mutual Security Act of 1956, which funds shall remain available for their
original purposes In accordance with the provisions of law originally applicable thereto,
there is hereby authorized to be appropriated to the President not to exceed $293,000>000,
to remain available until June 30, 1960, for assistance designed to promote the economic
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14 LEGISLATION ON FOREIGN RELATIONS
further their economic development, and thus to strengthen their free
dom, is important to the securityand general welfare of the United
States. The Congress further recognizes the necessity in some cases of
assistance to such peoples if they are to succeed in these efforts. The
Congress accordingly reaffirms that it is the policy of the United States,
and declares it to be the purpose of this title, to strengthen friendly
foreign countries by encouraging the development of their economies
through a competitive free enterprise system; to-minimize or eliminate
barriers to the flow of private investment capital and international
trade; to facilitate the creation of a climate favorable to the invest-
ment of private capital; and to assist, on a basis of self-help and mu-
tual cooperation, the efforts of free peoples to develop their economic
resources and to increase their productive capabilities.
Sre. 202.73 GENERAL AUTHORITY.-(a) To carry out the purposes of
this title, there is hereby created as an agency of the United States of
America, subject to the direction and supervision of the President, a
body corporate to be known as the "Development Loan Fund" (herein-
after referred to in this title as the "Fund") which shall have suc-
cession in its corporate name. The Fund shall have its principal
office in the District of Columbia and.. shall be deemed, for purposes of
venue in civil actions, to be a resident thereof. It may establish offices
in such other place or places as it may deem necessary or appro-
priate.74
(b) The Fund 75 is hereby authorized to make loans, credits, or guar-
anties, or to engage in other financing operations or transactions (not
to include grants or direct purchases of equity securities), to or with
such nations, organizations, persons or other entities, and on such terms
and conditions, as it 75 may determine, taking into account (1) whether
financing could be obtained in whole or in part from other free world
sources on reasonable terms, (2) the economic and technical soundness
of the activity to be financed '75 (3) whether the activity gives reason-
able promise of contributing to the development of economic resources
or to the increase of productive capacities in furtherance of the pur-
poses of this title, and (4) 75 the possible adverse effects upon the econ-
omy of the United States, with special reference to areas of substantial
labor surplus, of the activity and the financing operation or transac-
tion involved. Loans shall be made by 'e the Fund only on the basis
of firm commitments by the borrowers to make repayment and upon a
finding that there are reasonable prospects of such repayment. The
development of free Asia, the Middle East, and Africa, based on self-help and mutual coop-
eration of friendly nations, and to maintain economic and political stability in these areas.
?(b), The President is authorized to utilize the funds hereafter made available for pur-
poses of this title to accomplish in these areas policies and purposes declared. in this Act,
and to disburse them on such terms and conditions, including transfer of funds, as he may
specify : Provided, That eighty per centum of such assistance shall only be available on
terms of repayment, except (1) when such funds are used to finance sales of surplus agri-
cultural commodities under section 402, or (2) whengranted for the purpose of it regional
project involving two or more beneficiary nations : And provided further, That not more
than 25 per centum of any funds hereafter made available for purposes of this title shall
be used in furnishing bilateral assistance to any one nation."
73 22 U. S. C. ? 1872. Sec. 202 was added, by see. 0 of the MSAct of 1957.
mh Sec. 203 (a) of the MSAct of 1958 substituted this language for former subset. (a),
which read as follows
"(a) There is hereby established a fund to be known as the 'Development Loan Fund`
(hereinafter referred to in this title is 'the Fund') to be used by the President to finance,
activities carried out pursuant to authority contained in this title."
75 Sec. 203 (a) (2) of the MSAct of 1.958-substituted.the words "The Fund" in lien of "To
carry out the purposes of this title, the President" ;.substituted "it" for "he" ; struck out.
the word "and' before subsection "(31", and added subsection "(4)".
me See. 203 (a) (2) of the MSAct of 1958 substituted the word "by" In lieu of "front,'.
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LEGISLATION ON FOREIGN RELATIONS
Fund shall be administered so as to support and encourage private
investment and other private participation furthering the purposes of
this title, and it shall be administered so as not to compete with private
investment capital, the Export-Import Bank or the International
Bank for Reconstruction and Development. The provisions of sec-
tion 955 of title 18 of the United States Code shall not apply to prevent
any person, including any individual, partnership, corporation, or
association, from acting for or participating with the Fund in any
operation or transaction, or from acquiring any obligation issued in
connection with any operation or transaction, engaged in by the
Fund.77 The authority of section 451 (a) 78 of this Act may not be
used to waive the requirements of this title or of the Mutual Defense
Assistance Control Act of 1951 79 with respect to this title, nor may the
authority of section 501 of this Act be used to increase or decrease the
funds available under this title. No guaranties of equity investment
against normal business-type risks shall be made available under this
subsection. The President's semi-annual reports'to the Congress on
operations under this Act, as provided for in section 534 of this Act,
shall include detailed information on the implementation of this title.S0
SEC. 203.81 CAPITALIZATION.- (a) Sz There is hereby authorized to
be appropriated to the President without fiscal year limitation, for
advances to the Fund, not to exceed $500,000,000 83 In addition, there
is hereby authorized to be appropriated to the President without fiscal
year limitation, for advances to the Fund beginning in the fiscal year
1959, not to exceed $625,000,000.
SEC. 204.5 FISCAL PROVISIONS.--(a) All receipts from activities or
transactions under this title shall be credited to the Fund and, notwith-
standing section 1415 of the Supplemental Appropriation Act, 1953,$r-
or any other provision of law relating to the use of foreign currencies
or other receipts accruing to the United States, shall be available for
use for purposes of this title.
(b) The Fund " is authorized to incur, in accordance with the pro-
visions of this title, obligations 86 in amounts which may not at any
time exceed the assets of tle Fund. The term "assets of the Fund" as
used in this section shall mean the amount of liquid assets of the Fund
at any given time including any amount of capitalization made avail-
able 117 pursuant to section 203 (a) of this Act which has not been
advanced to the Fund as of. such time. The assets of the Fund ss shall
77 This sentence added by see. 203 (a) (2) of the MSAct of 1958.
78 Sec. 501 (10) of the MSAct of 1958 substituted "451 (a)" in lieu of "401 (a)".
79 For text, see page 78).
89 Sec. 203 (a) (2) of the MSAct of 1958 substituted this sentence for two former sen-
tences added by see. 6 of the MSAct of 1957, which reads as follows :
"The Manager of the Fund shall furnish to the Committee on Foreign Relations and the
Committee on Appropriations of the Senate and the Speaker of the House of Representa-
tives a report on each financing operation or transaction involving the Fund's assets. Such
report shall be made at the time such financing operation or transaction is consummated."
22 U. S. C. ? 1873. Sec.. 03 was added by sec. 6 of the MSAct of 1957.
61 There is no subsec. (b) In sec. 203 as enacted.
88 Mutual Security Appropriation Act, 1958-$300,000,000, to remain available until
expended ; Mutual Security Appropriation Act, 1959-$400,000,000, to remain available
until expended.
84 22 U. S. C. ? 1874. Sec. 204 was added by sec. 6 of the MSAct of 1957.
85 For text, see page 74.
88 Sec. 203 (b) (1) of the MSAct of 1958, substituted "Fund" for "President" and struck
out the words "against the Fund", which appeared after the word "obligations".
B7 Sec. 203 (b) (1) of the MSAct of 1958 substituted the words "made available" in lieu
of "authorized".
88 Sec. 203 (b) (1) of the MSAct of 1958 inserted the words "assets of the" before
"Fund".
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be available without fiscal year limitation for any obligations or ex-
penditures in connection with the performance of functions under this
title.
(c) 89 The Fund shall be deemed to be a wholly owned Government
corporation and shall accordingly be subject to the applicable pro-
visions of the Government Corporation Control Act, as amended.89
SEC. 205.110 MANAGEMENT, POWERS AND AUTHORITIES.91-(a) 92 The
management of the Fund shall be vested in a Board of Directors
(hereinafter referred to in this title as the "Board") consisting of the
Under Secretary of State for Economic Affairs, who shall be Chair-
man, the Director of the International Cooperation Administration,
the Chairman of the Board of Directors of the Export-Import Bank,
the Managing Director of the Fund, and the United States Executive
Director on the International Bank for Reconstruction and Develop-
ment. The Board shall carry out its functions subject to the foreign
policy guidance of the Secretary of State. The Board shall act by a
majority vote participated in by a quorum; and three members of
the Board shall constitute a quorum. Subject to the foregoing sen-
tence, vacancies in the membership of the board shall not affect its
power to act. The Board shall meet for organization purposes when
and where called by the Chairman. The Board may, in addition to
taking any other necessary or appropriate actions in connection with
the management, of the Fund, adopt, amend, and repeal bylaws gov-
erning the conduct of its business and the performance of the authori-
ties, powers, and functions of the Fund and its officers and employees.
The members of the Board shall receive no compensation for their
services on the Board but may be paid actual travel expenses and per
diem in lieu of subsistence under the Standardized Government Travel
Regulations in connection with travel or absence from their homes or
regular places of business for purposes of business of the Fund.
(b) 93 There shall be a Managing Director of the Fund who shall be
the chief executive officer of the Fund, who shall be appointed by the
President of the United States by and with the advice and consent of
the Senate, and whose compensation shall be at a rate of $20.000 a
year. There shall also be a Deputy Managing Director of the Fund,
whose compensation shall be at a rate not in excess of $19,000 a year,
8D Subsec. (c) was substituted by see, 201 (b) (2) of the MSAct of 1958. It formerly
read as follows :
"(c) In the performance of and with respect tothe functions, powers, and duties vested
in him by this title, the President shall prepare annually and submit a budget program in
accordance with the provisions of the Government Corporation Control Act, as amended ;
and he shall cause to be maintained an integral set of accounts which shall be audited by
the General Accounting Office in accordance with principles and procedures applicable to
commercial corporate transactions as provided by the Government Corporation Control Act,
as amended, and no other audit shall be remlired."
DD 22- U. S. C. ? 1875. Sec. 205 was added by sec. 6 of the MSAct of 1957.
91 The he^dtnn. which formerly read "Powers and Authorities", was changed by sec. 201
(c) (1) of the MSAct of 1958.
92 This subsection was amended by see. 203 (c) (2) of the MSAct of 1958. It formerly
road as follows :
"(a) In carrying out the purposes of this title, the President shall, by and with the
advice and consent of the Senate, appoint in the International Cooperation Administration
of the Department of State a Manager of the Fund. The office of Manager of the Fund
shell he in addition to other offices n*ovid-d for by law, and the compensation for such office
shnit he at n rote not in excess of $19,000 a vear."
91 This subsection was amended by sec. 203 (c) .(2) of the MSAct of 1958. It formerly
read as follows :
"(b) The President shall also establish a Loan Committee, consisting of the Deputy
Under Secretary of State for Economic Affairs, who shall be chairman, the Director of the
Inteonational Cooperation Administration, and the Chairman of the Board of Directors of
the Export-Tmnort Bank, which shall, under the foreign policy guidance of the Secretary of
State, establish basic financial terms and conditions for the operations and transactions of
the Fund."
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LEGISLATION ON FOREIGN RELATIONS 17
and three-other officers of the Fund, whose titles shall be determined
by the Board and whose compensation shall be at a rate not in excess
of $18,000 per year. Appointment to the offices provided for in the
preceding sentence shall be by the Board. The Managing Director, in
his capacity as chief executive officer of the Fund, the Deputy Man-
aging Director and the other officers of the Fund shall perform such
functions as the Board may designate and shall be subject to the super-
vision and direction of the Board. During the absence or disability
of the Managing Director or in the event of a vacancy in the office of
Managing Director, the Deputy Managing Director shall act as Man-
aging Director, or, if the Deputy Managing Director is also absent or
disabled or the office of Deputy Managing Director is vacant, such
other officer as the Board may designate shall act as Managing Direc-
tor. The offices provided for in this subsection shall be in addition to,
positions otherwise authorized by law.
(c) The Fund, in addition to other powers and authorities vested in
or delegated or assigned to the Fund or its officers or the Board, may 84
enter into, perform, and modify contracts, leases, agreements, or other
transactions, on such terms as it may deem 95 appropriate, with any
agency or instrumentality of the United States, with any foreign gov-
ernment or foreign government agency, or with any person, partner-
ship, association, corporation, organization, or other entity, public or
private, singly or in combination; accept and use gifts or donations of
services, funds, or property (real, personal or mixed, tangible or in-
tangible) ; contract for the services of attorneys; determine the char-
acter of and necessity for obligations and expenditures of the Fund,98
and the manner in which they shall be incurred, allowed, and paid,.
subject to provisions of law specifically applicable to Government cor-
Y rations; acquire and dispose of, upon such terms and conditions and
or such consideration as 97 the Fund shall determine to be reasonable,
through purchase, exchange, discount, rediscount, public or private.
sale, negotiation, assignment, exercise of option or conversion rights,.
or otherwise, for cash or credit, with or without endorsement or guar
anty, any property, real, personal, mixed, tangible or intangible, in-
eluding, but not limited to, mortgages, bonds, debentures (including
convertible debentures), liens, pledges, and other collateral or security,
contracts, claims, currencies, notes, drafts, checks, bills of exchange,
acceptances including bankers' acceptances, cable transfers and all
other evidences of indebtedness or ownership (provided that equity
securities may not be directly purchased although such securities may
be acquired by other means such as by exercise of conversion rights or
through enforcement of liens, pledges or otherwise to satisfy a previ-
ously incurred indebtedness), and guarantee payment against any in-
strument above specified; issue letters of credit and letters of commit-
ment; collect or compromise any obligations assigned to or held by,
and any legal or equitable rights accruing to,97 the Fund, and, as 97
the Fund may determine, refer any such obligations or rights to the
Attorney General for suit or collection; adopt, alter and use a corpo-
04 Sec. 203 (c) (3) (1) of the MSAct of 1958 substituted this phrase in lieu of "In carry-
ing out his functions with respect to this title, the Manager of the Fund may".
96 Sec. 203 (c) (3) (11) of the MSAct of 1958 substituted the words "it may deem" in lieu
of "may he deemed".
DO Sec. 203 (c) (3) (iii) of the MSAct of 1958 substituted the words "o# the Fund" in
lieu of "under this title".
97 Sec. 203 (c) (3) (iv) of the MSAct of 1958 struck out the words "the Manager of".
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18 LEGISLATION ON'FOREIGN RELATIONS
rate seal which shall be judicially noticed; require bonds for the faith-
ful performance of the duties of its officers, attorneys, agents and em-
ployees and pay the premiums thereon; site and be sued in its corporate
name (provided that no attachment, injunction, garnishment, or simi-
lar process, mesne or final, shall be issued against the Fund or any
officer thereof, including the Board or a iy member thereof, in his offi-
cial capacity or against property or funds owned or held by the Fund
or any such officer in his official capacity) ; exercise; in the payment of
debts out of bankrupt, insolvent or decedent's estates, the priority of
the Government of the United States; purchase one passenger motor
vehicle for use in the continental United States and replace such ve-
hicle from time to time as necessary; use the United States mails in the
same manner and under the same conditions as the executive depart-
ments of the Federal Government ; 98 and otherwise take any and all
actions determined by 97 the Fund to be necessary or desirable in mak-
ing, carrying out, servicing, compromising, liquidating, or otherwise
dealing with or realizing on any transaction or operation, or in carry-
ing out any function.D9 Nothing herein shall be construed to exempt
the Fund or its operations from the application of section 507 (b)
and 2679 of title 28, United States Code or of section 367 of the Revised
Statutes (5 U. S. C. 316), or to authorize the Fund to borrow any funds
from any source without the express legislative permission of the Con-
gress.100 TheExport-Import Bank shall administer loans made from
the Fund, as provided in section 505 (b) of this Act.
(d) 101 The Fund shall contribute, from the respective appropriation
or fund used for payment of salaries, pay or compensation, to the
civil service retirement and disability fund, a sum as provided by
section 4 (a) of the Civil Service Retirement Act, as amended (5
U. S. C. 2254a), except that such sum shall be determined by applying
to the total basic salaries (as defined in that Act) paid to the employees
of the Fend covered by that Act, the per centum rate determined
annually by the Civil Service Commission to be the excess of the total
normal cost per centum rate of the civil service retirement system over
the employee deduction rate specified in said section 4 (a). The Fund
shall also contribute at least quarterly from such appropriation or
fund, to the employees' compensation fund, the amount determined
by the Secretary of Labor to be the full cost of benefits and other pay-
ments made from such fund on account of injuries and deaths of its
employees which may hereafter occur. The Fund shall also pay into
the Treasury as miscellaneous receipts that portion of the cost of ad-
ministration of the respective funds attributable to its employees, as
determined by the Civil Service Commission and the Secretary of
Labor.
(e) 101 The assets of the Development Loan Fund on the date of
enactment of the Mutual Security Act of 1958 shall be transferred as
of such date to the body corporate created by section 202(a) of this
Act. In addition, records, personnel, and property of the Interna-
tional Cooperation Administration may, as agreed by the Managing
98 Six clauses, beginning with the words "adopt, alter and use", were added by see. 203
(c) (3) (v) of the MSAct of 1958.
The words ", or in carrying out any function" were substituted for "authorized by this
title" by sec. 203 (c) (3) (vi) of the MSAct of 1958.
100 This sentence added by sec. 203 (c) (3) (vii) of the MSAct of 1958.
101 Subsets. "(d)"and "(e)" were.insertedbysee. 203.(4) of the MSAct of 1958.
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Director and the Director of the International Cooperation Adminis-
tration or as determined by the President, be transferred to the Fund.
Obligations and liabilities incurred against, and rights established or
.acquired for the benefit of or with respect; to, the Development Loan
Fund during the period between August 14, 1957, and the date of
enactment of the Mutual Security Act of 1958 are hereby transferred
to, and accepted and assumed by, the body corporate created by sec-
tion 202 (a) of this Act. A person serving as Manager of the Develop-
ment Loan Fund as of the date of enactment of the Mutual Security
Act of 1958 shall not, by reason of the enactment of that Act, require
reappointment in order to serve in the office of Managing Director
provided for in section 205 (b) of this Act.
SEc. 206.102 NATIONAL ADVISORY COUNQIL.-The Fund shall be ad-
ministered subject to the applicable provisions of section 4103 of the
Bretton Woods Agreements Act (22 U. S. C. 286b) with respect to the
functions of the National Advisory Council on International Monetary
and Financial Problems.
TITLE III-TECHNICAL COOPERATION
SEC. 301.1?1 DECLARATION OF PURPOSE.-It is the policy of the United
States and the purpose of this title to aid the efforts of the peoples of
economically underdeveloped areas to develop their resources and im-
prove their working and living conditions by encouraging the ex-
change of technical knowledge and skills and the flow oo investment
capital to countries which provide conditions under which such tech-
nical assistance and capital can effectively and constructively con-
tribute to raising standards of living, creating new sources of wealth,
increasing productivity and expanding purchasing power.
SEC. 302.106 GENERAL AUTHORITY AND DEFINITION.-The President
is authorized to furnish assistance in accordance with the provisions
of this title through bilateral technical cooperation programs. As
used in this title, the term "technical cooperation programs" means
programs for the international interchange of technical knowledge
and skills designed to contribute primarily to the balanced and in-
tegrated development of the economic resources and productive capa-
-cities of economically underdeveloped areas. Such activities shall be
limited to economic, engineering, medical, educational, labor, agricul-
tural, forestry, fishery, mineral, and fiscal surveys, demonstration,
training, and similar projects that serve the purpose of promoting the
development of economic resources, productive capacities, and trade
of economically underdeveloped areas, and training in public admin-
istration. The term "technical cooperation programs" does not in-
clude such activities authorized by the United States Information and
Educational Exchange Act of 1948 (62 Stat. 6)10? as are not primarily
related to economic development, nor activities undertaken now or
hereafter pursuant to the International Aviation Facilities Act (62
Stat. 450),107 nor activities undertaken now or hereafter in the admin-
istration of areas occupied by the United States Armed Forces.
1- 22 U. S. C. ? 1876. Sec. 206 wag added by sec. 6 of the MSAct of 1957.
103 For text, see page 83.
22U.S,C. ?1891.
005 22 U. S. C. 1892.
roe 22 U. S. C. ? ? 1431-1479; see also sec. 514 of this Act.
107 49 U. S. C. ? ? 1151-1160.
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SEC. 303.1 08 PREREQUISITES,, r TO-ASaisTA C . 109-Assistance shall be
made available under section 302 of this Act only where the President
determines that the nation being assisted-
a) pays a fair share of the cost of the program;
(b) provides all necessary information concerning such pro-
gram and gives the program full publicity ;
(c) seeks to the maximum extent possible full coordination and
integration of technical cooperation programs being carried on
in that nation;
(d) endeavors to make effective use of the results of the. pro-
gram ; and
(e) cooperates with other nations participating in the program
in the, mutual exchange of technical knowledge and skills.
SEC. 304.110 AUTHORIZATION.-There is hereby authorized to be ap-
propriated to the President to remain available until expended not to
exceed $150,000,000 for use beginning in the fiscal year 1959111 to
carry out the purposes of this title.
SEC. 305.112 LiNEITATION ON USE OF FUNDS.-Funds made available
under section 304 may be expended to furnish assistance in the form of
equipment or commodities only where necessary for instruction or
demonstration purposes.
SEC. 306.113 purposes.
TECHNICAL COOPERATION AND RELATED
PROGRAMS.114-AS one means of accomplishing the purposes of this title
and this Act,115 the United States is authorized to participate in multi-
lateral technical cooperation and related 116 programs carried on by
the United Nations, the Organization of American States, their related
organizations, and other international organizations, wherever prac-
ticable. There is hereby authorized to be appropriated to carry out
the purpose of this section, in addition to the amounts authorized
by section 304, not to exceed-
(a)117 $20,000,000 for the fiscal year 1959118 for contributions to the
United Nations Expanded Program of Technical Assistance and such
related fund as may hereafter be established 118: Provided, That, not-
withstanding the limitation of 33.33 per centum contained in the
Mutual Security Appropriation Act, 1957, the United States contribu-
108 22 U. S. C. ? 1893.
100 See also sec. 543 (b) of this Act.
110 22 U. S. C. ? 1894. Sec. 7 (a) of the MSAct of 1957 struck out former subsecs. (a)
and (b), which read as follows :
(a There is hereby authorized to be appropriated to the President for the fiscal year
1955 88,570,000 for technical cooperation programs in the Near East, Africa, South Asia,
and Far East and Pacific, and $28,500,000 for such programs in Latin America. In addi-
tion, unexpended balances of appropriations heretofore made pursuant to section 543 of
the Mutual Security Act of 19.11, as amended, are authorized to be continued available
for the purposes of this section through June 30, 1955, and to be consolidated with the
appropriation authorized by this section.
(b) There is hereby authorized to be appropriated to the President for the fiscal year
1956 not to exceed $146,500,000, and for the fiscal year 1957 not to exceed $140,500 000
for technical cooperation programs in the Near East and Africa, Asia and Latin Amerlca.'t
111 The words "$150,000,000 for use beginning in the fiscal year 1959" were substituted
for "$151,900,000" by sec. 204 (a) of the MSAct of 1958.
Mutual. Security Appropriation Act, 1959-$150,000,000.
112 22 U. S. C. 11895.
Ila 1la 22 U. S. C. $ 1896.
"AND RELATED PROGRAMS" added to the heading by see..204 (b) (1) of the
MSAct of 1958. See also sec. 535 of this Act.
ue The words "and this Act" added by sec. 204 (b) (1) of the MSAct of 1958.
uo The words "and related" added by sec. 204 (b) (1) of the MSAct of 1958.
"'Mutual Security Appropriation Act, 1959-$20,000.000.
I's Sec. 204 (b) (2) of the MSAct of 1958 substituted "$20,000,000 for the fiscal year
1059" in lieu of "$15,500,000 for the fiscal year 1958" and inserted "and such related fund
as may hereafter be established" after the word "Assistance".
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tion for such purpose"') may constitute for the calendar year 1958 as
much as but not to exceed 45 per centum of the total amount contrib-
uted for such purpose and for succeeding calendar years not to exceed
40 per centum of the total amount contributed for such purpose for
each such year.119
(b) 120 $1,500,000121 for the fiscal year 1959 122 for contributions to
the technical cooperation program of the Organization of American
States.
SEC. 307 123 ADVANCES AND GRANTS ; CONTRACTS.-The President may
make advances and grants-in-aid of technical cooperation programs to
any person, corporation, or other body of persons or to any foreign
government agency. The President may make and perform contracts
and agreements in respect to technical cooperation programs on behalf
of the United States Government with !any person, corporation, or
other body of persons however designated, whether within or without
the United States, or with any foreign 'government or foreign gov-
ernment agency. A contract or agreement which entails commitments
for the expenditure of funds appropriated pursuant to this title may,
subject to any future action of the Congress, extend at any time for
not more than three years 124
SEC. 308.125 INTERNATIONAL DEVELOPMENT ADVISORY BOARD.-There
shall be an advisory board, referred to in this section as the "Board,"
which shall advise and consult with the President, or such other officer
as he may designate to administer this title, with respect to general
or basic policy matters arising in connection with the operation of
programs authorized by this title, title II, and section 413 (b). The
Board shall consist of not more than thirteen members appointed by
the President, one of whom, by and with the advice and consent of the
Senate, shall be appointed by him as chairman. The members of the
Board shall be broadly representative of voluntary agencies and other
groups interested in the programs, including business, labor, agricul-
ture, public health, and education. All members of the Board shall
be citizens of the United States; :none except the chairman shall be
an officer or an employee of the United States (including any United
States Government agency) who as such regularly receives compen-
sation for current services. Members of the Board, other than the
chairman if he is an officer of the United States Government, shall
receive out of funds made available for the purpose of this title a per
diem allowance of $50 for each day spent away from their homes or
regular places of business for the purpose of attendance at meetings
of the Board or at conferences held upon the call of the chairman, and
in necessary travel, and while so engaged they may be paid actual travel
119 See. 204 (b) (2) of the MSAct of 1958 substituted the words "for such purpose"
(on line 1 of this page) in lieu of the words "to this program" and substituted the phrase
beginning with "for such purpose and for" in lieu of "to the program for that period,
for the calendar year 1959 as much as but not to exceed 38 per centum of the total amount
contributed to the program for that period, and for the calendar year 1960 as much as
but not to exceed 33.33 per -centum of the total amount contributed to the program for
that period."
Sec. 7 (b) (2) of the MSAct of 1957 substituted this language for former subsection
(b), which read as follows:
"$1,500 000 for making contributions to the technical cooperation program of the
Organization of American States ; In addition, $1,500,000 for the fiscal year 1956, and
$1,500 000 for the fiscal year 1957 for such contributions."
1eiutual Security Appropriation Act, 1959-$1,500,000.
122 Sec. 204 (b) (3) of the MSAct of 1958 substituted' 1959" for "1958".
128 22 U. S. C. p 1597.
124 The words ` extend at any time for not more than three years" were substituted for
"run for not to exceed three years" by sec. 7 (c) of the MSAct of 1956.
12E 22 U. S. C. ? 1898.
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expenses and not to exceed $10 per diem, or at the applicable rate pre-
scribed in the Standardized Government Travel Regulations, as
amended from time to time, whichever is higher,126 in lieu of subsist-
ence and other expenses.
ILLEGIB
TITLE IV-SPECIAL ASSISTANCE AND OTHER PROGRAMS 127
SEC. 400.128 SPECIAL ASSISTANCE.-(a) There is hereby authorized to
be appropriated to the President for the fiscal year 1959 not to exceed
$202,500,000129 for use on such terms and conditions as he may specify
for assistance designed to maintain or promote political or economic
stability.13o
(b) For the purpose of promoting economic development in Latin
America there is hereby authorized to be appropriated to the Presi-
dent not to exceed $25,000,000,131 which shall remain available until
expended, and in the utilization of such sum preference shall be given
to (A) projects or programs that will clearly contribute to promoting
health, education, and sanitation in the area as a whole or among a
group or groups of countries of the area, (B) joint health, education,
and sanitation assistance programs undertaken by members of the
Organization of American States, and (C) such land resettlement pro-
grams as will contribute to the resettlement of foreign and native
migrants in the area as a whole, or in any country of the area, for the
purpose of advancing economic development and agricultural and
industrial productivity : Provided, That assistance under this sentence
shall emphasize loans rather than grants wherever possible, and not
less than 90 per centum of the funds made available for assistance
under this subsection shall be available only for furnishing assistance
b any o er cu author-
izing assistance of this kind. Further, in addition to the authority
contained in this subsection, it is the sense of Congress that the Presi-
dent should make a special and particular effort to-utilize foreign cur-
rencies accruing under title I of the Agricultural Trade Development
and Assistance Ac of 194, as amended,132 for the purposes of this
subsection. ~5y ..Q1-;y nf feCR_ty c.~n
128 The words commencing with "or at the applicable rate" and continuing through
"whichever is higher," were added by sec. 7 (c) of the MSAct of 1955.
124 See footnote 2.
Ps 22 U. S. 1N Sec. 205 (a) ? of the MSAct of 1958 substituted '11959" andf' $the MSAct of 202,500,000"l for -1958"
and "$250,000,000", respectively.
Mutual Security Appropriation Act, 1959-$200,000,000.
The following, which appeared after the words "economic stability", were struck out
by sec. 205 (a) of the MSAet of 1958: "or for assistance in accordance with the provi-
sions of this Act applicable to the furnishing of assistance under title I, section 304, section
405, or section 407 of this Act. $50,000,000 of the funds authorized to be appropriated
pursuant to this section for any fiscal year may be used in such year in accordance with
the
1siM provisions of section 401 (a)."
Mutual Security Appropriation Act, 1959, makes no appropriation for the purposes
of this section.
""For text, see page 155. -
lC) ine rresiclent is authorized to use not to exceed $10,000,000 of
unds appropriated pursuant to subsection (a) of this section for
ssistance; on such terms and conditions as he may specify, to schools
nd libraries abroad, founded or sponsored by citizens of the United
tates, and serving as study and demonstration centers for ideas and
ractices of the United States notwitlistand; th A
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SEC. 401. [This section redesignated as section 451 of chapter III by
the Mutual Security Act of 1958.]
SEC. 402133 EARMARKING of FUNDS.-Of the funds authorized to
be made available in the fiscal year 1959 134 pursuant to this Act (other
than funds made available pursuant to title II), not less than $175,-
000000 135 shall be used to finance the export and sale for foreign cur-
rencies of surplus agricultural commodities or products thereof pro-
duced in the United States,136 in addition to surplus agricultural com-
modities or products transferred pursuant to the Agricultural Trade
Development and Assistance Act of 1954,137 and in accordance with
the standards as to pricing and the use of private trade channels ex-
pressed in section 101 of said Act. Foreign currency proceeds accru-
ing from such sales shall be used for the purposes of this Act and
with particular emphasis on the purposes of section 104 of the Agri-
cultural Trade Development and Assistance Act of 1954 which are in
harmony with the purposes of this Act. Notwithstanding section
1.415 of the Supplemental Appropriation Act, 1953,138 or any other
provision of law, the President may use or enter into agreements with
friendly nations or organizatios of nations to use for such purposes
the foreign currencies which accrue to the United States under this
Section.13s
SEC. 403.140 SPECIAL ASSISTANCE IN JOINT CONTROL AREAS. *
(Repealed)
SEC. 403.141 RESPONSIBILITIES IN GERMANY.-The President is hereby
authorized to use during the fiscal year 1959 not to exceed $8,200,000
of the funds made available pursuant to section 400 (a) of this Act in
order to meet the responsibilities or objectives of the United States in
Germany, including West Berlin. In carrying out this section, the
President may also use currency which has been or may be deposited
in the GARIOA (Government and Relief in Occupied Areas) Special
Account, including that part of the German currency now or hereafter
deposited under the bilateral agreement of December 15, 1949, between
the United States and the Federal Republic of Germany (or any sup-
plementary or succeeding agreement) which, upon approval by the
President, shall be deposited in the GARIOA Special Account under
the terms, of article V of that agreement. The President may use the
funds available for the purposes of this section on such terms and
conditions as he may specify, and without regard to any provision of
law which he determines must be disregarded.
133 22 U. S. C. ? 1922.
134 "1959" was substituted for "1958" by see. 205 (b) of the MSAct of 1958.
135 Sec. 8 (c) of the MSAct of 1957 substituted this language for the first part of this
sentence, which formerly read as follows : "Of the funds authorized to be made available
pursuant to this Act for the fiscal year 1956, not less than $300,000,000, and of the
funds so authorized for the fiscal year 1957, not less than $250,000,000,".
13o See also sec. 510 of this Act.
137 See page 155 for text of Agricultural Trade Development and Assistance Act of 1954,
as a.Inended, and page 168 for Executive Order 10560, as amended.
x38 See text, page 74.
189 See sec. 516 of this Act.
110 This section was repealed by the MSAct of 1958. The repealed section read as
follows :
"SEC. 403. 'SPECIAL ASSISTANCE IN JOINT CONTROL AREAS. The President is hereby
authorized to furnish commodities, services, and financial and other assistance to nations
and areas for which the United States has responsibility at the time of the enactment of
this Act as a result of participation in joint control arrangements where found by the
President to be in the interest of the security of the United States. There is hereby
auhorized to be appropriated to the President for the fiscal year 1958 not to exceed
$11,500,000 to carry out this section."
141 U. S. C. ? ? 1923-1924. This section added by sec. 205 (c) of the MSAct of 1958.
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SEC. 404.142 RESPONSIBILITIES IN GERMANY.- * * * (Repealed)
SEC. 405:143 MIGRANTS, REFUGEES, AND ESCAPEES.144- (a) The Presi-
dent is hereby authorized to continue membership for the United
States on the Intergovernmental Committee for European Migration
in accordance with its constitution approved in Venice, Italy, on
October 19, 1953. For the purpose of assisting in the movement of
migrants, there is hereby authorized to be appropriated 145 such
amounts as may be necessary from time to time for the payment by the
United States of its contributions to the Committee and all necessary
salaries and expenses incident to United States participation in the
Committee.
(b) Of the funds made available under this Act, not more than
$800,000 may be used by the President to facilitate the migration to
the other American Republics of persons resident in that portion of
the Ryukyu Island Archipelago under United States control.
(c) 146 There is hereb authorized to be appropriated for the fiscal
year 1959 not to exceed 1,200,000 147 for contributions to the program
of the United Nations High Commissioner for Refugees for assistance
to refugees under his mandate.148
(d) 1411 There is hereby authorized to be appropriated to the Presi-
dent for the fiscal year 1959 not to exceed $8,600,000 150 for continuation
of activities, including care, training, and resettlement, which have
been undertaken for selected 7I~ escapees under section 451 151 of this Act.
SEC. 406.152 CHILDREN'S YV ELFARE.153-There is hereby authorized to
142 This section was repealed by the MSAct of 1958. The repealed section read as
follows :
"SEC. 404. RESPONSIBILITIES IN GERMANY.-Upon approval by the Secretary of State,
a part of the German currency now or hereafter deposited under the bilateral agreement
of December 15, 1949, between the United States and the Federal Republic of Germany
(or any supplementary or succeeding agreement) shall be deposited in the GARIOA
(Government and Relief in Occupied Areas) Special Account under the terms of article V
of that agreement, and currency which has been or may be deposited in said account, and
any portion of funds made available for assistance to the Federal Republic of Germany
pursuant to section 403 oP this Act, may be used for expenses necessary to meet the
responsibilities or objectives of the United States in Germany, including responsibilities
arising under the supreme authority assumed by the United States on June 5, 1945, and
under contractual arrangements with the Federal Republic of Germany. Expenditures
may be made under authority oP this section in amounts and under conditions determined
by the Secretary oP State after consultation with the official primarily responsible for
administration of programs under chapter 3 of Is I, and without regard to any pro-
vision of law which the President determines must be disregarded in order to meet such
responsibilities or objectives."
14a 22 U. S. C. ? 1925.
144 The heading, which formerly read "Movement of Migrants and Refugees", was
changed by sec. 8 (d) (1) of the MSAct of 1955.
198 Mutual Security Appropriation Act, 1959-$12,500.000: "Provided, That no funds
appropriated in this Act shall be used to assist directly in the migration to any nation in
the Western Hemisphere of any person not having a security clearance based on reason-
able standards to insure against Communist Infiltration in the Western Hemisphere;".
140 Subset. (c) was amended by see. 8 (e) (2) of the MSAct of 1957. It formerly read
as follows : 'There is hereby authorized to be appropriated for the fiscal year 1950 not
to exceed $1,400,000, and for the fiscal year 1957 not to exceed $2,300,000, for contribu-
tions to the United Nations Refugee Fund."
147 Mutual Security Appropriation Act, 1959-$1,200,000.
148'See.205 (d) (1) of the MSAct of 1958 struck out, after the words "fiscal year", the
following language : "1958 not to exceed $2,233,000 for contributions to the United
Nations Refugee Fund."
Soo Subset. (d) was amended by sec. 8 (e) (3) of the MSAct of 1957. It formerly read
as follows : "There is hereby authorized to be appropriated to the President for the fiscal
year 1956 not to exceed $6,000,000. and for the fiscal year 1957 not to exceed $7.000,000,
for continuation of activities, including care, training, and resettlement, which have been
undertaken for selected escapees under section 401 of this Act."
110 Sec. 205 (d) (2) of the MSAct of 1958 substituted "1959" and "$8,600,000;' for
"1958" and "$5.500,000", respectively.
Mutual Security Appropriation Act, 1959-$8.600.000.
'81 "451" was substituted for "401" by sec. 501 (13) off the MSAct of 1958.
18922 U. S. C.$ 1926.
"'Subsection designation "(a)" was struck out by sec. 8 (f) (1) of the MSAct of 1957,
which also amended the section. 'Subset. (a) formerly read as follows: "There is hereby
authorized to be appropriated not to exceed $13,500,000 for contributions during the
fiscal year 1955 to the United Nations Children's Fund."
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be appropriated not to exceed $11,000,000 154 for the fiscal year 1959155
for contributions to the United Nations Children's Fund.156
SEC. 407.157 PALESTINE REFUGEES IN THE NEAR EAST.150-There is
hereby authorized to be appropriated to the President for the fiscal
year 1959 not to exceed $25,000,00015? to be used to make contributions
to the United Nations Relief and Works Agency for Palestine Refu-
gees in the Near East : Provided, That of the funds appropriated pur-
suant to this section fifteen per. centum shall be available only for
repatriation or resettlement of such refugees.16e In determining
whether or not to continue furnishing assistance for Palestine refugees
in the Near East, the President shall take into account whether Israel
and the Arab host governments are taking steps toward the resettle-
ment and repatriation of such refugees. Whenever the President shall
determine that it would more effectively contribute to the relief, re-
habilitation, and resettlement of Palestine refugees in the Near East,
he may expend any part of the funds made available pursuant to this
section through any other agency he may designate.
SEC. 408.Y61 NORTH ATLANTIC TREATY ORGANIZATION.16z-(a) In
order to provide for United States participation in the North Atlantic
Treaty Organization, there is hereby authorized to be appropriated 163
such amounts as may be necessary from time to time for the payment
by the United States of its share of the expenses. of the Organization
and all necessary salaries and expenses of the United States permanent
representative to the Organization, of such persons as may be ap-
pointed to represent the United States in the subsidiary bodies of the
Organization or in any multilateral organization which participates
in achieving the aims of the North Atlantic Treaty, and of their ap-
propriate staffs, and the expenses of participation in meetings of such
organizations, including salaries, expenses, and allowances of personnel
and dependents as authorized by the Foreign Service Act of 1946, as
amended (22 U. S. C. 801), and allowances and expenses as provided
in section 6 of the Act of July 30,1946 (22 U. S. C. 287r).
(b) The United States permanent representative to the North At-
lantic Treaty Organization shall be appointed by the President by
and with the advice and consent of the Senate and shall hold office
at the pleasure of the President. Such representative shall have the
rank and status of ambassador extraordinary and plenipotentiary and
shall be a chief of mission, class 1, within the meaning of the Foreign
Service Act of 1946, as amended (22 U. S. C. 801).
154 Mutual Security Appropriation Act, 1959-$11,000,000.
165 "1959" was substituted for "1958" by sec. 205 (e) of the MSAct of 1958.
159subsec. (b) was struck out by sec. 8 (f) (2) of the MtSAct of 1957. It formerly
read as follows : "There is hereby authorized to be appropriated for the fiscal year 1956
not to exceed $14,500,000, and for the fiscal year 1957 not to exceed $10,006,000, for
contributions to the United Nations Children's Fund."
169 22 U. S. C. ? 1927.
158 Amended by sec. 8 (g; of the MSAct of. 1957, which also struck out subsection
designations "(a)" and "(b)' .
159 Mutual Security Appropriation Act, 1959-"$25,000.000, and in addition the unob-
ligated balances of funds heretofore made available for this purpose are continued avail-
able ;".
169 This sentence amended by sec. 205 (f) of the b1SAct of 1958. It formerly read :
"There is hereby authorized to be appropriated to the President not to exceed $65,000,000
to be used to make contributions to the United Nations Relief and Works Agency for
Palestine Refugees in the Near East."
-1 22 U. S. C. $ 1928.
162 For text of the North Atlantic Treaty, see page 337.
163.The words "for the fiscal year 1955 not to exceed $3,200,000 for payment by the
United States of its share of the expenses of the Organization, and thereafter" following
"appropriated" were deleted by sec. 8 (h) of the MSAct of 1957.
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LEGISLATION ON FOREIGN RELATIONS
(c) Persons detailed to the international staff of the North Atlantic
Treaty Organization in accordance with section 529 of this Act who
are appointed as Foreign Service Reserve Officers may serve for periods
of more than four years notwithstanding the limitation in section 522
of the Foreign Service Act of 1946, as amended (22 U. S. C. 922).
SEC. 409.164 OCEAN FREIGHT CHARGES.-(a) In order to further the
efficient use of United States voluntary contributions for relief and
rehabilitation in nations and areas eligible for assistance under this
Act, the President may pay ocean freight charges from United States
ports to designated ports of entry of such nations and areas on ship-
ments by United States voluntary nonprofit relief agencies registered
with and approved by the Advisory Committee on Voluntary Foreign
Aid and shipments by the American Red Cross.
(b) Where practicable the President shall make arrangements with
the receiving nation for free entry of such shipments and for the
making available by that nation of local currencies for the purpose
of defraying the transportation cost of such shipments from the port
of entry of the receiving nation to the designated shipping point of
the consignee.
(c)165 There is hereby authorized to be appropriated to the Presi-
dent for the fiscal year 1959166 not to exceed $2,100,000 166 to carry out
the purposes of this section.167
(d)1c8 In addition, any funds made available under this Act may
be used, in amounts determined by the President, to pay ocean freight
charges on shipments of surplus agricultural commodities, including
commodities made available pursuant to any Act for the disposal
abroad of United States agricultural surpluses.169
SEC. 410.170 CONTROL ACT FxPENSES.-There is hereby authorized
to be appropriated to the President for the fiscal year 1959 171 not to
exceed $1,000,000172 for carrying out the objectives of the Mutual
Defense Assistance Control Act of 1951 (22 U. S. C. 1611).1- 73 In
addition, in accordance with section 303 of that Act, funds made avail-
able for carrying out chapter I 174 of this Act shall be available for
carrying out the purpose. of this section in such amounts as the Presi-
dent may direct.
SEC. 411.175 ADMINISTRATIVE AND OTHER ExPENSES.-(a) Whenever
possible, the expenses of administration of this Act shall be paid for
in the currency of the nation where the expense is incurred.
(b)17'6 There is hereby authorized to be appropriated to the Presi-
dent for the fiscal year 1959177 not to exceed $$33,000,000177 for neces-
sary administrative expenses incident to carrying out the provisions
154 22 U. 'S. C. ? 1929.
115 This subsection was revised by sec. 8 (1) (1) of the MSAct of 1957.
'60 "1959" and "$2,100,000" were substituted for "1958" and "$2,200,000", respectively,
by sec. 205 ( ) of the MSAct of 1958.
161 Mutual Security Appropriation Act, 1959-$2,100,000.
W This subsection was revised by sec. 8 (1) (2) of the MSAct of 1957.
lee See sec. 402 of this Act and the Agricultural Trade Development and Assistance Act
of 1954 (pa a 15).
170 22 U. S. C.'?1930. Sec. 410 was revised by see. 8 (J) of the MSAct of 1957.
171 "1959" was substituted for "1958" by sec. 205 (h) of the MSAct of 1958.
171 Mutual 'Security Appropriation Act, 1959-$1,000,000.
173 For text, see age 78.
174. Sec. 501 (14) of the MSAct of 1958 substituted "chapter P in lieu of "chapter 1
of title I".
175 22 U. S. C. ? 1931.
175 This subsection was revised by sec. 8 (k) (1) of the I6VSAct of 1957.
177 "1959" and "$33,000,000" were substituted for "1958" and "$32,750;000", respec-
tively, by sec. 205 (1) (1) of the MSAct of 1958.
Mutual'Security Appropriation Act, 1959-$33,000,000.
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LEGISLATION ON FOREIGN RELATIONS 27
of this Act (other than chapter 1 178 and title II of chapter II 171) and
functions under the Agricultural Trade Development and Assistance
Act of 1954, as amended (7 U. S. C. 1691 and the following) 179 per-
formed by any agency or officer administering nonmilitary assistance.
(c)180 There are authorized to be a propriated to the Department
of State such amounts, not to exceed $7,000,000 in any fiscal year, as
may be necessary from time to time for administrative expenses which
are incurred for functions of the.Department under this Act or for 181
normal functions of the Department which relate to functions under
this Act.
(d) 180 Funds made available for the purposes of this Act may be
used for compensation, allowances, and travel of personnel, including
Foreign Service personnel whose services are utilized primarily for
the purposes of this Act, and without regard to the provisions of any
other law, for printing and binding, and for expenditures outside the
continental limits of the United States for the procurement of supplies
and services and for other administrative and operating purposes
(other than compensation of personnel) without regard to such laws
and regulations governing the obligation and expenditure of Govern-
ment funds as may be necessary to accomplish the purposes of this Act.
SEC. 412 112 CHINESE AND KOREAN STUDENTS.-* * * (Repealed)
SEC. 413111 ENCOURAGEMENT OF FREE ENTERPRISE AND PRIVATE PAR-
TICIPATION.-(a) The Congress recognizes the vital role of free enter-
prise in achieving rising levels of production and standards of living
essential to the economic progress and defensive strength of the free
world. Accordingly, it is declared to be the policy of the United States
to encourage the efforts of other free nations to increase the flow of in-
ternational trade, to foster private initiative and competition, to dis-
courage monopolistic practices, to improve the technical efficiency of
their industry, agriculture and commerce, and to strengthen free labor
unions! and to encourage the contribution of United States enterprise
toward economic strength of other free nations, through private trade
and investment abroad, private participation in the programs carried
out under this Act (including the use of private trade channels to the
maximum extent practicable in carrying out such programs), and ex-
change of ideas and technical information on the matters covered by
this section.
1" See. 501 (15) of the MSAct of 1958 substituted "chapter I" in lieu of "chapter 1
of title I". The words "and title II of chapter II" were inserted by sec. 205 (1) (1) of
the MSAct of 1958.
110 For text, see page 155.
Ho Sec. 8 Sk) (2) of the MSAct of 1957 struck out subsee. (c) and redesignated former
subset. "(d)!' and 11(e)" as subsets. '(c)" and "(d)", respectively.
Mutual Security Appropriation Act, 1959-$8,092,500.
191 The words ' functions of the Department under thisAct or for" were added by see.
205 (i) (2) of the MSAct of 1958.
?2 This section was repealed by the MSAct of 1957. The repealed section read as
follows :
S, EC. 412. CHINESE AND KOREAN STUDENTS.-Funds heretofore allocated to the Secre-
tary Aid Act of
1547) tshall continue to be available until expend d, under Area regula-
1950 (22 U. S. C. pursuant
tions as the Secretary of State may prescribe, using private agencies to the maximum
extent practicable, for necessary expenses of tuition, subsistence, transportation, and
emergency medical care for selected citizens of China and of Korea for studying or teach-
ing in accredited colleges, universities, or other educational institutions in the United
States approved by the Secretary of State for the purpose, or for research and related
academic and technical activities In the United States, and such selected citizens of China
who have permission bto accept employment purpose on in filed withit the shall e of fImmi-
gration and Naturalization pursuant to regulations promulgated by the Attorney General."
yea 22 U. S. C. ? 1933.
$,8041-a9- a
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28 LEGISLATION ON FOREIGN RELATIONS
(b) In order to encourage and facilitate participation by private
enterprise to the maximum extent practicable in achieving any of the
purposes of this Act, the President-
(1) shall make arrangements to find and draw the attention of
private enterprise to opportunities for investment and develop-
ment in other free nations ;
(2) shall accelerate a program of negotiating treaties for com-
merce and trade, including tax treaties, which shall include provi-
sions to encourage and facilitate the flow of private investment
to, and its equitable treatment in,'" nations participating in pro-
grams under this Act;
(3) shall, consistent with the security and best interests of the
United States, seek compliance by other countries or a dependent
area of any country with all treaties for commerce and trade and
taxes and shall take all reasonable measures under this Act or
other authority to secure compliance therewith and to assist
United States citizens in obtaining just compensation for losses
sustained by them or payments exacted from them as a result of
measures taken or imposed by any country or dependent area
thereof in-violation of any such treaty ; and
(4) may make, through an agency 185 responsible for admin-
istering nonmilitary assistance under this Act,18s until June 30,
1967,187 under rules and regulations prescribed by him, guaranties'
to any person of investments in connection with projects, includ-
ing expansion, modernization, or development of existing enter-
in any nation with which the United States has agreed to
institute the guaranty program: Provided, That-
(A) such projects shall be approved by the President as
furthering any of the purposes of this Act, and by the nation
concerned;
(B) the guaranty to any person shall be limited to as-
suring any or all of the following :
(i) the transfer into United States dollars of other
currencies, or credits in such currencies, received by such
person as earnings or profits from the approved project,
as repayment or return of the investment therein, in
whole or in part, or as compensation for the sale or dis-
position of all or any part thereof;
(ii) the compensation in United States dollars for loss
of all or any part of the investment in the approved proj-
ect which shall be found by the President to have been
lost to such person by reason of expropriation or con-
fiscation by action of the government of a foreign nation
or by reason of war; 188
(C) when any payment is made to any person pursuant
to a guaranty as hereinbefore described, the currency, credits,
assets, or investment on account of which such payment is
184 The words "and its equitable treatment in," were added by see. 8 (3) of the MSAct
of 1956.
185 The words "an agency" were substituted in lieu of "the agency primarily" by sec. 205
(3)' (1) of the MSAct of 1958.
180 The words "through the agency primarily responsible for administering nonmilitary
assistance under this Act" were added by sec. 8 (k) (1) of the MSAct of 1956. See also
see. 521 of this Act.
189 This date was substituted for "June 30, 1956" by sec. 8 (k) (2) of the MSAct of 1956.
18tl The words "or by reason of war" were added by sec. 8 (k) (3) of the MSAct of 1956.
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LEGI8LATION ON ' FOREIGN RELATIONS . 29
made shall become the property of the United States Govern-
ment, and the United States Government shall be subrogated
to any right, title, claim or cause of action existing in con-
nection therewith ;
(D) the guaranty to any person; shall not exceed the
amount of dollars invested in the project by such person with
the approval of the President plus actual earnings or profits
on said project to the extent provided by such guaranty, and
-shall .be limited to .a term not exceeding twenty years from
the (late of issuance ;
(E) a fee shall be charged in an amount not exceeding.1
per centum per annum of the amount of each guaranty under
clause (i) of subparagraph. (B), and not exceeding 41'per
centum of the amount of each guaranty under clause (ii) of
such subparagraph, and all fees collected hereunder shall be
available for expenditure in discharge of liabilities under
guaranties made under this section until such time as all such
liabilities have been discharged or have expired, or until all
such fees have been expended in accordance with the pro-
visions of this section : Provided, That in the event the fee to
be charged for a type of guaranty is reduced, fees to be paid
under existing contracts for the same type of guaranty may
be similarly reduced; 189
(F) the President is authorized to issue guaranties up to
a total face value of $500,000,000 exclusive of informational
media guaranties heretofore and hereafter issued pursuant
to section 1011 of the Act of January 27, 1948, as amended
2 U. S. C. 1442), and section 111 (b) (3) of the Economic
c2ooperation Act of 1948, as amended (22 U. S. C. 1509 (b)
(3)) : Provided, That any funds allocated to a guaranty and
remaining after all liability of the United States assumed in
connection therewith has been released, discharged, or other-
wise terminated, and funds realized after June 30, 1955, from
the sale of currencies or other assets acquired. pursuant to
subparagraph (C), shall be available for allocation to other
guaranties, and the foregoing limitation shall be increased to
the extent that such funds become available. Any payments
made to discharge liabilities under guaranties issued under
this paragraph shall be paid out of fees collected under sub-
paragraph (E) as long as such fees are available, and there-
after shall be paid out of funds realized from the sale of
currencies or other assets acquired pursuant to subparagraph
(C) and notes which have been issued under authority of
paragraph 111 (c) (2) of the Economic Cooperation Act of
1948, as amended, and authorized to be issued under. this para-
graph by the Director of the International Cooperation Ad-
ministration or such other officer as the President may desig-
nate,Y90 when necessary to discharge liabilities under any such
guaranty: Provided, That all guaranties issued after June
30, 1956, pursuant to this paragraph shall be considered. for
189 This proviso was added by sec. 205 (j) (1) of the MSAct of 1958.
uO The words ` or such other officer as the President may designate" were added by sec.
205 (j) (1) of the MSAct of 1955.
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30 LEGISLATION ON FOREIGN RELATIONS
the purposes of sections 3679 (31 U. S. C. 665) and 3732 (41
U. S. C. 11) of the Revised Statutes, as amended, as obliga-
tions only to the extent of the probable ultimate net cost to the
United tates of such guaranties; and the President shall, in
the submission to the Congress of the reports required by
section 534 of this Act, include information on the operation
of this paragraph : Provided further, That at all times funds
shall be allocated to all outstanding guaranties issued prior
to July 1, 1956, exclusive of informational media guaranties
issued pursuant to section 1011 of the Act of January 27,
1948, as amended (22 U. S. C. 1442), and section 111 (b) (3)
of the Economic Cooperation Act of 1948, as amended, equal
to the sum of the face value of said guaranties. For the pur-
pose of this paragraph the Director of the International Co-
operation Administration or such other officer as the Presi-
dent may designate 190 is authorized to issue notes (in addition
to the notes heretofore issued pursuant to paragraph 111
(c) (2) of the Economic Cooperation Act of 1948, as
amended) in an amount not to exceed $37,500,000, and on
the same terms and conditions applicable to notes issued
pursuant to said paragraph 111 (c) (2) ; 191
(G) the guaranty program authorized by this para-
graph shall be used to the maximum practicable extent and
shall be administered under broad criteria so as to facilitate
and increase the participation of private enterprise in achiev-
ing any of the purposes of this Act;
(H) as used in this paragraph-
(i) the term "person" means a citizen of the United
States or any corporation, partnership, or other associa-
tion created under the law of the United States or of any
State or Territory and substantially beneficially owned
by citizens of the United States, and
(ii) the term "investment" includes any contribution of
capital goods, materials, equipment, services, patents,
processes, or techniques by any person in the form of (1)
a loan or loans to an approved project, (2) the purchase
of a share of ownership in any such project, (3) partici-
pation in royalties, earnings, or profits of any such proj-
ect, and (4) the furnishing of capital goods items and
related services pursuant to a contract providing for pay-
ment in whole or in part after the end of the fiscal year
year in which the guaranty of such investment is made.
(c) 192 Under the direction of the President, the Departments of
State and Commerce and such other agencies of the Government as the
President shall deem appropriate, in cooperation to the fullest extent
practicable with private enterprise concerned with international trade,
foreign investment, and business operations in foreign countries, shall
conduct a study of the ways and means in which the role of the private
sector of the national economy can be more effectively utilized and
protected in carrying out the purposes of this Act, so as to promote the
foreign policy of the United States, to stabilize and to expand its econ-
190 The words "or such other officer as the President may designate" were added by sec.
205, (1) (1) of the MSAct of 1958. -
101 Subpar. (F) was amended by see. S (k) (4) of the MSAct of 1956.
'e9 This subsection was inserted by sec. 205 (J) (2) of the MSAct of 1958..
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LEGISLATION ON FOREIGN RELATIONS 0.Q 1
only and to prevent adverse effects, with special reference to areas of
substantial labor surplus. Such study shall include specific recommen
dations for such legislative and administrative action as may be neces-
sary to expand the role of private enterprise in advancing the foreign
policy objectives of the United States.
SEC. 414.193 MUNITIONS CONTROL.-(a) The President is authorized
to control, in furtherance of world peace and the security and foreign
policy of the United States, the export and import of arms, ammuni-
tion, and implements of war, including technical data relating thereto,
other than by a United States Government Government agency. The
President is authorized to designate those articles which shall be con-
sidered as arms, ammunition, and implements. of war, including tech-
nical data relating thereto, for the purposes of this section 194
(b) As prescribed in regulations issued under this section, every
person who engages in the business of manufacturing, exporting, or
importing any arms, ammunition or implements of war, including
technical data relating thereto, designated by the President under sub-
section (a) shall register with the United States Government agency
charged with the administration of this section and in addition, shall
pay a registration fee which shall be prescribed by such regulations.
Such regulations shall prohibit the return to the United States for
sale in the United States (other than for the Armed Forces of the
United States and its allies) of any military firearms or ammunition
of United States manufacture furnished to foreign governments by
the United States under this Act or any other foreign assistance pro-
gram of the United States, whether or not advanced in value or
improved in condition in a foreign country. This prohibition shall not
extend to similar firearms that have been so substantially transformed
as to become, in effect, articles of foreign manufacture.195
(c) Any person who willfully violates any provision of this section
or any rule or regulation issued under this section, or who willfully,
in a registration or license application, makes any untrue statement
of a material. fact or omits to state a material fact required to be stated
therein or necessary to make the statements therein not misleading,
shall upon conviction be fined not more than $25,000 or imprisoned
not more than two years, or both.
SEC. 415.191 ASSISTANCE TO INTERNATIONAL ORGANIZATIONS.-When-
ever it will assist in achieving purposes declared in this Act, the Presi-
dent is authorized to use funds available under sections 131 and 403
in order to furnish assistance, including by transfer of funds, directly
to the North, Atlantic Treaty Organization and the Organization for
European Economic Cooperation, for a strategic stockpile of food-
stuffs and other supplies, or for other purposes.197
SEC. 416.1'98 FACILITATION AND ENCOURAGEMENT OF TRAvEL.-The
President, through such officer or commission as he may designate,
shall facilitate and encourage, without cost to the United States except
for administration expenses, the promotion and development of travel
by citizens of the United States to and within countries receiving assist-
- 22 U. S. C. $1934.
w+ See also the Mutual Defense Assistance Control Act of 1951, page 78.
196 The last two sentences added by sec. 205 (k) of the MSAct of 1958.
11M 22 U. S. C. ? 1935.
1w The words "and the. Organization for European Economic Cooperation" were added
by see. 8 (1) (2) of the MSAct of. 1956.
1 22 U. S. C. ! 1936.
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32 LEGISLATION ON k'OREIGN RELATIONS
ance under this Act and travel by citizens of such countries to the,
United States. To this end, under the direction of the President, the.
Departments of State and Commerce, the agency primarily responsible
for administering nonmilitary assistance under this Act and such
other agencies of the Government as the President shall deem appro-
priate~ In cooperation to the fullest extent practicable with private
enterprise concerned with international travel, shall conduct a study
of barriers to international travel and ways and means of promoting,
developing, encouraging, and facilitating such travel in the mutual
interests of the United States and countries assisted under this Act.1?
SEC. 417.200 IRISH COUNTERPART.-Pursuant to section 115 (b) (6)
of the Economic Cooperation Act of 1948, as amended, the disposition
within Ireland of the unencumbered balance, in the amount of approxi-
mately 6,000,000 Irish pounds of the special account of Irish funds
established under article IV of the Economic Cooperation Agreement
between the United States of America and Ireland, dated June 28,
1948, for the purposes of-
(1) scholarship exchange between the United States and Ire-
land;
(2) other programs and projects (including the establishment
of an Agricultural Institute) to improve and develop the agri-
cultural production and marketing potential of Ireland and to
increase the production and efficiency of Irish industry; and
(3) development programs and projects in aid of the foregoing
objectives, is hereby approved, as provided in the agreement be-
tween the Government of the United States of America and the
Government of Ireland, dated June 17,1954.
SEC. 418.201 PRESIDENTS FUND FOR ASIAN ECONOMIcr DEVELOP-
MENT.- * * * (Repealed in 1956)
195 This last sentence was added by sec. 8 (m) of the MSAct of 1957.
200 22 U. S. C. $ 1937.
=This section was repealed by the MSAct of 1958. The repealed section read as
follows :
"SEC. 418. PRESIDENT'S;. FUND FOR ASIAN ECONOMIC DEVELOPMENT.-(a) The Congress
of the United States reaffirms the policy of the United States to contribute to international
peace and security through assisting the peoples of free Asia in their efforts to attain eco-
nomic and social well-being, to safeguard basic rights and liberties, and to protect their
security and independence. The Congress hereby recognizes that fundamental to these
goals is an expanding economic growth of the free Asia area based upon self-help and
mutual cooperation and full utilization of already existing resources and knowledge. The
Congress expresses the willingness of the people of the United States to support the fore-
going objectives to the extent to which the countries in the area continue to make effective
use of their own resources and external resources otherwise available to them.
`(b) In order to carry out the purposes of this section, there is hereby authorized to be
established a fund, to be known as the 'President's Fund for Asian Economic Develop-
ment' (hereinafter referred to as 'the Fund'), and there is hereby authorized to be appro-
priated to the President for the Fund an amount of $200,000,000, such amount to remain
available until June 30. 1958.
"(c) The President is authorized to utilize the appropriations made available for the
Fund to accomplish in the free Asian area the policies and purposes declared in this Act
and to disburse them on such terms and conditions, including transfer of funds, as he may
specify to any person, corporation, or other body of persons however designated, or to any
friendly foreign government, agency, or organization or group of friendly governments or
agencies as may be appropriate : Provided, however, That such -assistance shall emphasize
loans rather than grants wherever possible, and not less than 50 per centum of the funds
appropriated pursuant to this section shall be available only for furnishingassistance on
terms of repayment in accordance with the provisions of section 505, and not more than 25
per centum of said funds may be allocated for assistance to any one nation.
(d) In utilizing the Fund the President shall give preference to projects or programs
that will clearly contribute to promoting greater economic strength in the area as a whole
or among a group or groups of countries of the area."
Mutual Security Appropriation Act, 1959, provides : "Unobligated balances of funds
heretofore made available for the. President's Fund. for Asian Economic Development are
hereby continued available for the fiscal year 1959 for the purposes for which originally
appropriated."
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SEC. 419.202 WORLD HEALTH ORGANIZATION.-* * * (Repealed)
SEC., 419.201 ATOMS FOR PEACE.-(a) The President is hereby au-
thorized to furnish from funds made available pursuant to this sec-
tion, in addition to other funds available for such purposes1 and on
such terms and conditions yas he may specify, assistance designed to
promote the peaceful uses of atomic energy abroad. There is hereby
authorized to be appropriated to the President for the fiscal year
1959 204 not to exceed $5,500,000 204 to carry out the purposes of this
section.205.
(b) The United States share of the cost of any research reactor
made available to another government under this section shall not
exceed $350,000.
(c) In carrying out the purposes of this section, the appropriate
United States departments and agencies shall give full and continu-
ous publicity through the press, radio, and all other available me-
diums so as to inform the peoples of the participating countries
regarding the assistance, including its purpose, source, and character,
furnished by the United States. Such portions of any research re-
actor furnished under this section as may be appropriately die-
stamped or labeled as a product of the United States shall be so
stamped or labeled.
SEc. 420.216 MALARIA ERADICATION.-The Congress of the United
States, recognizing that the disease of malaria, because of its wide-
spread prevalence, debilitating effects, and heavy toll in human life,
constitutes a, major deterrent to the efforts of many peoples to develop
their economic resources and productive capacities and to improve
their living conditions, and further recognizing that it now appears
technically feasible to eradicate this disease, declares it to be the
policy of the United States and the purpose of this section to assist
other peoples in their efforts to eradicate malaria. The President
is hereby authorized to use funds made available under this Act
(other than chapter I and title II of chapter II) 207 to furnish to such
nations, organizations, persons or other entities as he may determine,
and on such terms and conditions as he may specify, financial and
other assistance to carry out the purpose of this section : Provided,
That this section shall not affect the authority of the Development
Loan Fund to make loans for such purposes, so long as such loans
are made in accordance with the provisions of title II of chapter 11.208
209 This section was repealed by the MSAct of 1957. The repealed section read as
follows :
"Sec. 419. wonLn HEALTH ORGANIZATION.-Section 3 (a) of Public Law 643, Eightieth
Congress, approved June 14, 1948, as amended, is hereby amended to read. as follows :
'? (a) such sums as may be necessary for the payment by the United States of its share
of the expenses of the Organization apportioned ortioned by the Health Assembly in accordance
with article 56 of the constitution of the Organization except that payments by the United
States for any fiscal year of the Organization after 1i$58 shall not exceed 33% per centum
of the total assessments of active members of the Organization for such fiscal year ; and'."
203 Sec. 419 was added by sec. 8 (n) of the -MSAct of 1957.
gas "1959" and "$5,500,000" were substituted for "1958" and "$7,000,000,", respectively,
by sec. 205 (1) of the MSAct of 1958.
205 Mutual Security Appropriation Act, 1959-$5,500,000.
20022 U. S. C. ? 1940. See. 420 was added by sec. 8 (n) of the MSAct of 1957.
201 The words "to use funds made available under this Act (other than chapter I and
title II of Chapter II)" were added by sec. 205 (m) of the MSAct of 1958.
205 This proviso was added by sec. 205 (m) of the MSAct of 1958, which also struck out
the last sentence of the section, which read as follows : "Not to exceed $23,800.000 of the
funds made available pursuant to authorizations contained in this Act (other than title I,
chapter 1, and title II) may be used during the fiscal year 1058 to carry out the purpose of
this section."
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SEC. 421209 FOOD AND AGRICULTURE ORGANISATION; * * * (Re-
rnnnlL 1
CHAPTER III-CONTINGENCY FUND 210
SEC. 4512Y1 PRESIDENT'S SPECIAL AUTHORrrY AND CONTINGENCY
FUNn.212-(a) Of the funds made available for use 213 under this
Act,"' not to exceed $150,000,000, in addition to the funds authorized
for use under this subsection by subsection (b) of this section,215 may be
used in any fiscal year, without regard to the requirements of this Act
or any other Act for which funds are authorized by this Act or any Act
appropriating funds for use under 216 this Act, in furtherance of any
of the purposes of such Acts, when the President determines that such
use is important to the security of the United States. Not to exceed
$100,000,000 of the funds available under this subsection 217 may be
expended for any selected persons who are residing in or escapees from
the Soviet Union, Poland, Czechoslovakia, Hungary, Rumania, Bul
garia, Albania, Lithuania, Latvia, and Estonia or the Communist-
dominated or Communist-occupied areas of Germany, or any. Com-
munist-dominated or Communist-occupied areas of Asia and any other
countries absorbed by the Soviet Union, either to form such persons
into elements of the military forces supporting the North Atlantic
Treaty Organization or.for other purposes, when the President deter-
mines that such assistance will contribute to the defense of the North
Atlantic area or to the security of the United States. Certification by
the President that he has expended amounts under this Act not in
excess of $50,000,000, and that it is inadvisable to specify the nature
of such expenditures, shall be deemed a sufficient voucher for such
amounts. Not more than $30,000,000 of the funds available under
this subsection 217 may be allocated to any one nation in any fiscal year.
(b) 218 There is hereby authorized to be appropriated to the Presi-
dent for the fiscal year 1959 not to exceed $155,000,000 219 for assistance
authorized by this Act, other than by title II of chapter II, in accord-
ance with the provisions of this Act applicable to the furnishing of
such assistance. $100,000,000 of the funds authorized to be appro-
priated pursuant to this subsection for any fiscal year may be used in
such year in accordance with the provisions of subsection (a) of this
section.
ROD This section was repealed by the MSAct of 1957. The repealed section read as
follows :
"Sac. 421. FOOD AND ACRICULTURE ORGANIZATION; Public Law 174, Seventy-ninth Con-
gress, as amended by section 1 (b) of Public Law 800, Eighty-first Congress. Is hereby
further amended by striking out the figure '$2.000,000' In section 2 thereof and inserting
In lieu thereof the figure'$3.000.000,' and by Inserting before the period at the end of such
section a colon and the following: 'Provided, That the percentage contribution of the
United States to the total annual budget of the Organization shall not exceed 31.5 per
centum."
!1D See footnote 2.
~R22U.S.C.$1951.
m' The words "AND CONTINGENCY FUND" were added to the heading by sec. 801 (a)
of the MSAct of 1958.
21' The words "for use" were added by sec. 801 (b) (1) of the MSAct of 1958.
224 See sec. 202 (b) of this Act.
R 5 The words "use under this subsection by subsection (b) of this section" were substi-
tuted for "such use by section 400 (a) of tbis Act" by sec. 801 (b) (1) of the MSAct of
1958.
M a The words "for use under" were substituted for "pursuant to authorizations contained 81 !nn Th word the substituted for "section" by sec. 301 (b) (2), of the MSAct
of 1958
see This subsection added by sec. 801 (c) of the MSAct of 1958 and former subset. (b) was
redesignated subset. (!)-
M utual Security ppropriation Act, 1959-;155,000,000.
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LEGISLATION ON FOREIGNRELATIONS 35
(c) 220 It is the purpose of this Act to advance the cause of freedom.
The Congress joins with the President of the United States in pro-
claiming the hope that the peoples who have been subjected to the
captivity of communist despotism shall again enjoy the right of self-
determination within a framework which will sustain the peace; that
they shall again have the right to choose the form of government under
which they will live, and that sovereign rights of self-government shall
be restored to them all in accordance with the pledge of the Atlantic
Charter. Funds available under subsection (a) of 221 this section may
be used for programs of information, relief, exchange of persons, edu-
cation, and resettlement, to encourage the hopes and aspirations of
peoples who have been enslaved by communism.
CHAPTER IV-GENERAL AND ADMINISTRATIVE PROVISIONS 222
SEC. 501.223 TRANSFERABILITY OF FUNDS.-Whenever the President
determines it to be necessary for the purposes of this Act, not to exceed
10 per centum of the funds made available pursuant to any provision
of this Act may be transferred to and consolidated with the funds
made available pursuant to any other provisions of this Act,- and
may be used for any of the purposes for which such funds may be
used, except that the total in the provision for the benefit of which.
the transfer is made shall not be increased by more than 20 per centum
of the amount made available for such provision pursuant to this
Act.225
SEC. 502226 USE OF FOREIGN CURRENCY.-(a) Notwithstanding sec-
tion 1415 of the Supplemental Appropriation Act, 1953,227 or any other
provision of law, proceeds of sales made under section 550 of the.
Mutual Security Act of 1951, as amended,228 shall remain available
and shall be used for any purposes of this Act, giving particular
regard to the following purposes-
(1) for providing-, military assistance to nations or mutual
de ense organizations eligible to receive assistance under this
Act.;
(2) for purchase of goods or services in friendly nations;
(3) for loans, under applicable provisions of this Act, to in-
crease production of goods or services, including strategic ma-
terials, needed in any nation with which an agreement was
220 Sec. 8 (b) (3) of the MSAct of 1957 struck out former subsec. "(b)", which read as
follows : "There is hereby authorized to be appropriated to the President for the fiscal year
1956 $100,000.000, and for the fiscal year 1957 not to exceed $100,000,000, for use in
accordance with subsection (a) of this section." Sec. 8 (b) (4) of the MSAct of 1957
redesignated subsec. which was added by sec. 8 (a). (4) of the MSAct of 1956, as
subsec. "(b)".
211 The words "subsection (a) of" were added by sec. 301 (d) of the MSAct of 1958.
222 See footnote 2.
s22 22 U. S. C. ? 1753.
224 See sec. 202 (b) of this Act.
222 The last three sentences of. former sec. 501 were deleted by sec. 9 (a) of the MSAct of
1956. The three sentences formerly read as follows : "Funds transferred under this sec-
tion to furnish military assistance under chapter 1 of title I may be expended without
regard to the area limits imposed by sec. 105 (c). Of any funds transferred under this
section for the purpose of furnishing. assistance under section 201, 30 per centum shall be
available only for furnishing assistance on terms of repayment in accordance with sec. 505.
[Not less than 50 per centum of any assistance furnished under paragraph (1), (2) or (3)
of section 201 (a) with funds transferred under this section shall be furnished on terms of
repayment in accordance with section 505.]"
~e 22 U. S. C. ? 1754.
28'+ For text, see page 74.
sse Repealed by see, 542 of the MSAct of 1954. For complete text of see. 550, see foot-
note 3 of the Agricultural Trade Development and Assistance Act of 1954, as amended
(pages 155-156).
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3-6 LEGISLATION ON FOREIGN RELATIONS
negotiated, or in other friendly nations, with the authority to use
currencies received in repayment for the purposes stated in this
section or for deposit to the general account of the Treasury of
the United States;
(4) for developing new markets on a mutually beneficial basis;
(5 for grants-in-aid to increase production for domestic needs
friendly countries; and
.(6) for purchasing materials for United States stockpiles.
(b) Notwithstanding section 1415 of the Supplemental Appropria-
tion Act 1953,229 or any other provision of law, local currencies owned
by the I'nited States shall be made available to appropriate committees'
of the Congress engaged in carrying out their duties under section 136
of the Legislative Reorganization Act of 1946, as amended,230 and to the
Joint Committee on Atomic Energy and the Joint Economic Com-
mittee and the Select Committees on Small Business of the Senate
and House of Representatives 231 for their local currency expenses :
Provided, That each member or employee of any such committee shall
make, to the chairman of such committee in accordance with regula-
tions prescribed by such committee, an itemized report showing the
amounts and dollar equivalent values of each such foreign currency
expended, together with the purposes of the expenditure, including
lodging, meals, transportation, and other purposes. Within the first
sixty days that Congress is in session in each calendar year, the chair-
man of each such committee shall consolidate the reports of each
member and employee of the committee and forward said consolidated
report, showing the total itemized expenditures of the committee and
each subcommittee thereof during the preceding calendar year, to the
Committee on House Administration of the House of Representatives
(if the committee be a committee of the House of Representatives or
a joint committee whose funds are disbursed by the Clerk of the
House) or to the Committee on Appropriations of the Senate (if the
committee be a Senate committee or a joint committee whose funds are
disbursed by the Secretary of the Senate). Each such report sub-
mitted by each committee shall be published in the Congressional
Record within ten legislative days after receipt by the Committee
on House Administration of the House or the Committee on.
Appropriations of the Senate 232
SEC. 503.233 TERMINATION OF AssIsTANCE.234-If the President deter-
mines that the furnishing of assistance to any nation under any provi-
sion of this Act-
FO r text, see page 7 S. 60 Stat. 832 ; 2 U. . C. ? 190d.
2n The words "and to the Joint Committee on Atomic Energy and the Joint Committee
on the Economic Report" were added by sec. 9 (a) of the MSAct of 1955. "Joint Commit-
tee on the Economic Report" was deleted and "JJoint Economic Committee and the Select
Committee on Small Business of the Senate and House of Representatives" inserted by
see. 9 (b) of the MSAct of 1956.
232 The proviso, amending a former proviso, and the last two sentences were added by
sec. 401 (a) of the MSAct of 1958. The former proviso read as follows : "Provided, That
any such committee of the Congress which uses local currency shall make a full report
thereof to the Committee on House Administration of the House of Representatives (if the
committee using such currency is a committee of the House of Representatives) or to the
Committee on Appropriations of the Senate (if the committee using such currency is a
committee of the Senate or a joint committee of the Congress), showing the total amount
of such currency so used in each country and the purposes for which it was expended."
2M 22 U. S. C. ? 1755.
2m See. 9 (a) (1) of the MSAct of 1957 struck out the subsection designation "(a)" and
in the last sentence of the section substituted the word "section" for "subsection".
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LEGISLATION ON FOREIGN RELATIONS 37
(1) is no longer consistent with the national interest or security
or the foreign policy of the United States ; or
(2) would no longer contribute effectively to the purposes for
which such assistance is furnished; or
(3) is no longer consistent with the, obligations and responsi-
bilities of the United States under the Charter of the United
Nations,
he shall terminate all or part of any assistance furnished pursuant to
this Act. If the President determines that any nation which is re-
ceiving assistance under chapter I 235 of this Act is not making its full
contribution to its own defense or to the defense of the area of which
it is a part, he shall terminate all or part of such assistance. Assistance
to any nation under any provision of this Act may, unless sooner ter-
minated by the President, be terminated by concurrent resolution.
Funds made available under this Act shall remain available for twelve
months from the date of termination under this section 234 for the
necessary expenses of liquidating assistance programs.236
SEC. 504.237 SMALL BUSINESS.-(a) Insofar as practicable and to
the maximum extent consistent with the accomplishment of the pur-
poses of this Act, the President shall assist American small business
to participate equitably in the furnishing of commodities and services
financed with funds authorized under chapter II 233 of this Act-
(1) by causing to be made available to suppliers in the United
States and particularly to small independent enterprises, informa-
tion, as far in advance as possible, with respect to purchases pro-
posed to be financed with such funds,
(2) by causing to be made available to prospective purchasers
in the nations receiving assistance under this Act information as
to commodities and services produced by small independent enter-
prises in the United States, and
(3) by providing for additional services to give small business
better opportunities to participate in the furnishing of commodi-
ties andservices financed with such funds.
(b) There shall be an Office of Small Business, headed by a Special
Assistant for Small Business, in such United States Government
agency as the President may direct,23? to assist in carrying out the
provisions of subsection (a) of this section.
(c) The Secretary of Defense shall assure that there is made avail-
able to suppliers in the United States, and particularly to small inde-
pendent enterprises, information with respect to purchases made by
the Department of Defense pursuant to chapter 1,240 such information
to be furnished as far in advance as possible.
26 Sec. 501 (17) of the MSAct of 1968 substituted "chapter I" in lieu of "chapter 1 of
title I".
M Sec. 9 (a) (2) of the MSAct of 1957 struck out subsection (b). It formerly read ae
follows : 'Unless sooner abolished under section 525, the Foreign Operations Admintstra.
tion shall cease to exist at the close of June 30, 1955.1'
287 22 U. S. C. ? 1756.
288 Sec. 501 (18) (A) of the MSAct of 1958 substituted "chapter II" in lieu of "titles II;
III, and IV, and chapter 8 of title I,".
209 Sec. 101 (d) of Executive Order 10575, as amended (page 99), established the Office of
Small Business in the Foreign Operations Administration. It was subsequently transferred
to the State Department by sec. 102 (d) of Executive Order 10610 (page 10#) and was made
a "part of or attached to" the International Cooperation Administration by sec. 1 of the
Department of State Delegation of Authority 85, as amended (page 111).
20 Sec. 501 (18) (B) of the MSAct of 1958 substituted "chapter I" In lieu of "chapter 1
of title P.
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LEGISLATION ON FOREIGN RELATIONS
SEC. 505.241 LOAN ASSISTANCE AND SALES.-(a) Except as otherwise
specifically provided in this Act, assistance 242 under this Act may be
furnished on a grant basis or on such terms, including cash, credit, or
other terms of repayment (including repayment in foreign curren-
cies or by transfer to the United States of materials required for
stockpiling or other purposes) as may be determined to be best suited
to the achievement of the purposes of this Act 243 and shall emphasize
loans rather than grants wherever possible. Whenever commodi-
ties;; 44 equipment, materials, or services are sold for foreign curren-
cies the President, notwithstanding section 1415 of the Supplemental
Appropriation Act, 1953,246 or any other provision of law, may use or
enter into arrangements with friendly nations or organizations of
nations to use such currencies for the purposes for which the funds
providing the commodities, 244 equipment, materials, or services which
generated the currencies were appropriated 246
(b) 247 Funds for the purpose of furnishing assistance on terms
of repayment may 247 be allocated to the Export-Import Bank of
Washington, which may,247 notwithstanding the provisions of the
Export Import Bank Act of 1945 (59 Stat. 526), as amended; 48 make
and administer the credit on such terms. Credits made by the Export-
Import Bank of Washington with funds so allocated to it shall not
be considered in determining whether the Bank has outstanding at
any one time loans and guaranties to the extent of the limitation
imposed by section 7 of the Export-Import Bank Act of 1945 (59
Stat. 529), as amended. Amounts received in repayment of prin-
cipal and interest on any loan made under this section shall be held
by the Treasury to be used for such purposes, including further
loans, as may be authorized from time to time by Congress. Amounts
received in repayment of principal and interest on any credits made
under paragraph 111 c) (2) of the Economic Cooperation Act of
1948, as amended,249 shall be deposited into miscellaneous receipts
of the Treasury, except that, to the extent required for such purpose,
amounts received in repayment of principal and interest on any
credits made out of funds realized from the sale of notes heretofore
authorized to be issued for the purpose of financing assistance on a
credit basis under paragraph 111 (c) (2) of the Economic Coopera-
tion Act of 1948 as amended, shall be deposited into the Treasury
for the purpose of the retirement of such notes.
2n 22 U. S. C. ? 1757. The words "and sales" in the heading were added by sec. 9 (c) (1)
of the MSAct of 1955. See also see. 102 of this Act
gs Sec. 9 (c) (1) of the MSAct of 1957 substituted the words "Except as otherwise spe-
cifically provided In this Act, assistance" for "Assistance", the first word in the sentence.
444 See c see. c) 516 f ( ) of the MSAct of 1957 inserted the words "equipment, materials," after
the word "commodities"
.
M For text, see page 74.
246 The words in the first sentence commencing with "and shall emphasize loans," and
the second sentence, were added by sec. 9 (c) of the MSAct of 1855. With reference to the
second sentence, see also sec. 402 of this Act
21 T See. 9 (c) (2) of the MSAct of 1857 struck out the first sentence of subsec. (b), which
formerly read : "Of the funds made available pursuant to this Act and foreign currencies
accruing to the United States under section 402, the equivalent of not less than $200,000,000
shall be available only for the Furnishing oP assistance on terms of repayment" Sec. 9 (c)
also substituted the word "may" for the word "shall" in the first sentence of sec. 505 (h),
which formerly read as follows : "Funds for the purpose of furnishing assistance on terms
of repayment shall be al'ocated to the Export-Import Bank of Washington, which shall,
notwithstanding the prnvistons of the Export-Import Rank Act oP 19 i5 (b8 Stat. 526), as
amended, make and administer the credit on such terms." See sec. 205 (c) of this Act.
2" 12 U. S. C. ? 635-635 (ii.
2{6 Repealed Aug. 26, 1954, by sec. 542 of this Act.
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LEGISLATION ON FOREIGN RELATIONS 39
SEC. 506.250 PATENTS AND TECHNICAL INFORMATION.-(a) As used
in this section-
(1) the term "invention" means an invention or discovery
covered by a patent issued by the United States ; and
(2) the term "information" means information originated by
or peculiarly within the knowledge of the owner thereof and
those in privity with him, which is not available to the public
and is subject to protection as property under recognized legal
principles.
(b) Whenever, in connection with the furnishing of any assist-
ance in furtherance of the purposes of this Act-
(1) use within the United States, without authorization by
the owner, shall be made of an invention; or
(2) damage to the owner shall result from the disclosure of in-
formation by reason of acts of the United States or its officers or
employees,
the exclusive remedy of the owner of such invention or information
shall be by suit against the United States in the Court of Claims or in
the District; Court of the United States for the district in which such
owner is a resident for reasonable and entire compensation for un-
authorized use or disclosure. In any such suit the United States may
avail itself of any and all defenses, general or special, that might be
pleaded by any defendant in a like action.
(c) Before such suit against the United States has been instituted,
the head of the appropriate United States Government agency, which
has" furnished any assistance infurtherance of the purposes of this
Act, is authorized and empowered to enter into an agreement with the
claimant, in full settlement and compromise of any claim against the
United States hereunder.
(d) The provisions of the last sentence of section 1498 of title 28
of the United States Code shall apply to inventions and information
covered by this section.
(e) Except as otherwise provided by law, no recovery shall be had
for any infringement of a patent committed more than six years prior
to the filing of the complaint or counterclaim for infringement in the
action, except that the period between the date of receipt by the Gov-
ernment of a written claim under subsection (c) above for compen-
sation for infringement of a patent and the date. of mailing by the
Government of a notice to the claimant that his claim has been denied
shall not be counted as part of the six years, unless suit is brought be-
fore the last-mentioned date.
SEC. 507.281 AVAILABILITY OF FUNDS.-Except as otherwise provided
in this Act, funds shall be available to carry out the provisions of
this Act (other than sections 414 and 416) as authorized and appro-
priated to the President each fiscal year.252
22 U. S. C. ? 1758.
sin 22 U. S. C. ? 1759. This section was amended by see. 9 (c) of the MSAct of 1958. It
formerly read as follows : "Except as otherwise provided in section 104 (pertaining to
infrastructure), 405 (pertaining to movement of migrants), 408 (a) (pertaining to North
Atlantic Treaty Organization), and 412 (pertaining to Chinese and Korean students), funds
shall be available to carry out the provisions of this Act (other than sections 414 and 418)
as authorized and appropriated to the President each fiscal year."
See also sec. 104 of the Mutual Security Appropriation Act, 1959?: "Except for the
appropriations entitled 'President's special authority and contingency fund' and 'Develop-
ment loan fund', not more than 20 per centum of any appropriation item made available by
this Act shall be obligated and/or reserved during the last month of availability."
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40 LEGISLATION ON FOREIGN RELATIONS
SEC. 508.253 LIMITATION ON FUNDS FOR PROPAGANDA .264-None of the
funds herein authorized to be appropriated nor any counterpart funds
shall be used to pay for personal services or printing, or for other ex-
penses of the dissemination within the United States of general propa-
ganda in support of the mutual security program, or to pay the travel
or other expenses outside the United States of any citizen or group of
citizens of the United States for the purpose of publicizing such p"o-
gram within the United States.
SEC. 509.255 SHIPPING ON UNITED STATES VESSELS 260-The ocean
transportation between foreign countries of commodities, materials,
and equipment procured out of local currency funds made available or
derived from funds made available under this Act or the Agricultural
Trade Development and Assistance Act of 1954, as amended (7 USC
1691 and the following) ,257 shall not be governed by the provisions of
section 901 (b) of the Merchant Marine Act of 1936,2611 or any other law
relating to the ocean transportation of commodities, materials, and
equipment on United States flag vessels.259 Sales of fresh fruit and
the products thereof under this Act shall be exempt from the require-
ments of the cargo preference laws (Public Resolution 17, Seventy-
third Congress, and section 901 (b) of the Merchant Marine Act, 1936,
as amended) ,269
SEC. 510261 PURCHASE OF COMMODITIES.-No funds made available
under 202 title I of chapter II 2811 of this Act shall be used, for the pur-
chase in bulk of any commodities at prices higher than the market
price prevailing in the United States at the time of purchase adjusted
for differences in the cost of transportation to destination, quality, and
terms of payment .2- A bulk purchase within the meaning of this
section does not include the purchase of raw cotton in bales. Funds
made available under title I or II of chapter II 266 of this Act may be
used for the procurement of commodities outside the United States
unless the President determines that such procurement will result in
adverse effects upon the economy of the United States, with special
reference to any areas of labor surplus, or upon the industrial mobiliza-
tion base, which outweigh the economic advantages to the United
ass 22 U. S. C. ? 1760.
x' See also sec. 102 of the Mutual Security Appropriation Act, 1959.
6 22 U. S. C. ? 1761.
258 Sec. 9 (d) of the MSAct of 1957 struck out the first sentence of this section. It for-
merly read as follows : "Such steps as may be necessary shall be taken to assure, as far as
practicable,-that at least 50 per centum of the gross tonnage of commodities, materials and
e uipment procured out of funds made available under sections 103, 123, 131, 132 (a), 201,
304, and 403 oP this Act and transported to or from the United States on ocean vessels,
computed separately for dry bulk carriers, dry cargo liner and tanker services and com-
puted separately for section 103, and for sections 123, 131, 132 (a), 201. 304, and 403
(taken together) is so transported on United States flag commercial vessels to the extent
such vessels are available at market rates are fair and reasonable; and, in the admin-
istration of this provision, steps shall be taken, insofar as practicable and consistent with the
purposes of this Act, to secure Pair and reasonable participation by United States flag
commercial vessels in cargoes by geographic area."
267 For text, see page 155.
558 For text, see page 263.
25' This sentence was added by sec. 9 (d) of the MSAct of 1955. The reference to the
Agricultural Trade Development and Assistance Act of 1954, as amended, was added by
sec. 4 (d) of the MSAct of 1956.
This sentence was added by sec. 401 (b) of the MSAct of 1958.
sni 22 U. S. C. f 1762.
'eS The words "title II or", which followed the word "under", were struck out by sec.
401 (c) of the MSAct of 1958.
sea Sec. 501 (19) (A) of the MSAct of 1958 substituted "title I of chapter II" in lieu of
"chapter 3 of title I".
2" see also "Subpart D-Price Provisions" of ICA Regulation 1, as amended November,
1957.
Im See. 501 (19) (13) of the MSAct of 1958 substituted "title I or II of chapter II" in
lieu of "title II or chapter 8 of title I".
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States of less costly procurement abroad. In providing for the pro-
curement of any surplus agricultural commodity for transfer by grant
under this.Act to any recipient nations in accordance with the require-
ments of such nation, the President shall, insofar as practicable and
where in furtherance of the purposes of this Act, authorize the pro-
curement of such surplus agricultural commodity only within the
United States except to the extent that any such surplus agricultural
commodity is not available in the United States in sufficient quan-
tities to supply the requirements of the nations receiving assistance
under this .. ct 2??
SEC. 511267 RETENTION AND RETURN OF EQUIPMENT.-(a) No
equipment or materials may be transferred under chapter I or title I
of chapter II 261 out of military stocks if the Secretary of Defense,
after consultation with the Joint Chiefs of Staff, determines that such
transfer would be detrimental to the national security of the United
States, or that such equipment or materials are needed by the reserve
components of the Armed Forces to meet their training requirements.
(b) Any equipment, materials, or commodities procured to carry
out this Act shall be retained by, or, upon reimbursement, transferred
to and for the use of, such United States Government agency as the
President may determine in lieu of being disposed of to a foreign
nation or international organization whenever in the judgment of the
President the best interests of the United States will be served thereby,
or whenever such retention is called for by concurrent resolution. Any
commodities so retained may be disposed of without regard to pro-
visions of law relating to the disposal of Government-owned property,
when necessary to prevent spoilage or wastage of such commodities
or to conserve the usefulness thereof. Funds realized from. any such
disposal or transfer shall revert to the respective appropriation or
appropriations out of which funds were expended for the procure-
ment of such equipment, materials, or commodities or to appropria-
tions currently available for such procurement 289
(c) The President shall make appropriate arrangements with each
nation receiving equipment or materials on a grant basis 270 under
chapter 1271 for the return to the United States (1) for salvage or
scrap, or (2) for such other disposition as the President shall deem
to be. in the interest of mutual security, of any such equipment or
materials which are no longer required for the purposes for which
originally made available.
SEC. 512.271 PENAL PROVISION.-Whoever offers or gives to anyone
who is or in the preceding two years has been an employee or officer
of the United States any commission, payment, or gift, in connection
with the procurement of equipment, materials, commodities, or services
z'? See also sec. 402 of this Act and accompanying footnotes.
22 U. S. C. $1768.
268 Sec. 501 (20) of the MSAet of 1958 substituted "chapter I or title I of chapter II"
in lieu of "title I".
262 See also sec. 108 of the Mutual Security Appropriation Act, 1956, as amended, which
readg, in part, as follows : "* * * Provided further, That in the event the President shall
deterthine that supplies and equipment ordered against funds so allocated are required
for, the defense, of. the United Staten; the amount allocated for supplies and materials
required for such purpose shall be returned to . the appropriation from which allo-
cated : * * * (pages 70-71).
'? Sec. 9 (e) of the MSAct of 1957 added the words "on a grant basis", and also
deleted theof parenthetical statement "(other than equipment or materials sold under the
provisions section 106)" which appeared between the words "title I" and "for the
return" in the first sentence. Sec. 501 (21) of the MSAct of 1958 substituted "chapter I"
in lieu of "chapter 1 of title I".
27 22 U. S. C. $ 1764.
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under this Act in connection with which procurement said officer,
employee, former officer or former employee is or was employed or per-
formed duty or took any action during such employment, and whoever,
being or having been an employee or officer of the United States in the
preceding two years, solicits, accepts, or offers to accept any commis-
sion, payment or gift in connection with the procurement of equip-
ment, materials, commodities, or services under this Act in connection
with which procurement said officer, employee, former officer or former
employee is or was employed or performed duty or took any action
during such employment, shall upon conviction thereof be subject to a
fine not to exceed $10,000 or imprisonment for not to exceed three years,
or both : Provided, That this section shall not apply to persons ap-
pointed pursuant to sections 308 or 530 (a) of this Act.
SEC. 513 272 NOTICE TO LEGISLATIVE COMMITTEES.-When any trans-
fer is made under section 501, or any other action is taken under this
Act which will result in furnishing assistance of a kind, for a purpose,
or to an area, substantially different from that included in the presenta-
tion to the Congress during its consideration of this Act or Acts appro-
priating funds pursuant to authorizations contained in this Act or
which will result in expenditures greater by 50 per centum or more
than the proposed expenditures included in such presentation for the
program concerned, the President or such officer as he may designate
shall promptly notify the Committee on Foreign Relations and, when
military assistance is involved, the Committee on Armed Services of
the Senate, and the Speaker of the House of Representatives, stating
the justification for such changes. Notice shall also be given to the
Committee on Foreign Relations of the Senate and the Speaker of the
House of Representatives of any determination under the first sentence
of section 451273 (except with respect to unvouchered funds), and
copies of any certification as to loyalty under section 531 shall be filed
with them 274
SEC. 514.275 INTERNATIONAL EDUCATIONAL EXCHANGE ACTIVITIES.-
Foreign currencies or credits owed to or owned by the United States,
where arising from this Act or otherwise, shall, upon a request from
the Secretary of State certifying that such funds are required for the
purpose of international educational exchange activities under pro-
grams authorized by section 32 (b) (2) of the Surplus Property Act
of 1944, as amended '2711 be reserved by the Secretary of the Treasury
3' 22 U. S. C. ? 1785. See. 9 (f) of the MSAct of 1957 substituted new language for
sec. 513. It formerly read as follows :
When any transfer is made under section 501, or any other action is taken under this
Act which will result in furnishing assistance of a kind, for a purpose, or to an area,
substantially different from that included in the presentation to the Congress during its
consideration of this Act, or which will result in expenditures greater by 50 per centum or
more than the proposed expenditures included in such presentation for the program con-
cerned, the President or such officer as he may designate shall promptly notify the Com-
mittee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House
of Representatives, and when military assistance is involved, the Committees on Armed
Services of the Senate and House of Representatives, stating the justification for such
change. Notice shall also be given to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of Representatives of any determina-
tion under the first sentence of section 401 (except with respect to unvouchered funds),
and copies of any certification as to loyalty under section 531 shall be filed with such
committees."
2718 Sec. 501 (22) of the MSAct of 1958 substituted "451" In lieu of "401".
274 For other sections dealing with congressional notification see sees. 101, 143, 144,
202 (b), 502 (b) 531, and 534 of this Act, and sees. 103, 105, and 108 of the Mutual
Security Appropriation Act, 1959.
275 22 U. S. C. 1766.
278 50 U. S. C. App. ? 1641.
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LEGISLATION ON F + I
for sale to the Department of State for such activities on the basis of
the dollar value at the time of the reservation.
SEC. 515.277 AUTHORIZATION FOR GRANT OF CONTRACT AUTHORITY:
Provisions in this Act authorizing the appropriation of funds shall
be construed to authorize the granting in any appropriation Act of
authority to enter into contracts, within the amounts so authorized to
be appropriated, creating obligations in advance of appropriations.
SEC. 516.1711 PROHIBITION AGAINST DEBT RETIREMENT.-None of the
funds made available under this Act nor any of the counterpart funds
generated as a result of assistance under this Act or any other Act
shall be used to make payments on account of the principal or interest
on any debt of any foreign government or on any loan made to such
government by any other foreign government; nor shall any of these
funds be expended for any purpose for which funds have been with-
drawn by any recipient country to make payment on such debts : Pro-
vided, That to the extent that funds have been borrowed by any foreign
government in order to make a deposit of counterpart and such deposit
is in excess of the amount that would be required to be deposited pur-
suant to the formula prescribed by section 142 (b) of this Act, such
counterpart may be used in such country for any agreed purpose con-
sistent.with the _provisions of this Act.
SEC. 517.2"'s COMPLETION OF PLANS AND COST ESTIMATES.-After
June 30, 1958, no agreement or grant which constitutes an obligation
of the United States in excess of $100,000 under section 1311 of the
Supplemental Appropriation Act, 1955, shall be made for any assist-
ance authorized under title I or III (except section 306) of chapter II,
or section 400 (a)-
(1) if such. agreement or grant requires substantive technical
or financial planning, until engineering, financial, and other plans
.necessary to carry out such assistance, and a reasonably firm esti-
mate of the cost to the United States of providing such assistance,
have been completed ; and
(2). if such agreement or grant requires legislative action within
the recipient country, unless such legislative action may reason-
ably be anticipated to be completed within one year from the date
the agreement or grant is made.
This section shall not apply to any assistance furnished for the sole
purpose of pre aration of engineering, financial, and other plans.
SEC. 521.279 DELEGATION OF AUTHORITY BY THE PRESIDENT.- (a) Ex-
cept as provided in subsection (b) and section 413 (b) (4)280, the
President may exercise any power or authority conferred on him by
this Act through such agency or officer of the United States as he shall
direct, and the head of such agency or such officer may from time to
time promulgate such rules and regulations as may be necessary and
proper to carry out functions under this Act and may delegate author-
ity to perform any of such functions to his subordinates acting under
his direction.281
27722 U. S. C. ? 1766a. This section was added by sec. 9 (d) of the MSAct of 1956.
278 Secs. 516 (22 U. S. C. ? 1966 (b)) and 517 (22 U. S. C. ? 1966 (c)) were added
by sec. 401 (d.) of the MSAct of 1958. Sec. 516 Is drawn from sec. 105 of the Mutual
Security Appropriation Act, 1958, and similar provisions in preceding appropriation acts.
70 22 U. S. C. 11781.
'80 The words 'and section 413 (b) (4)" were added by sec. 9 (e) of the MSA'ct of 1956.
281 See Executive Order 10575 as amended (page 98), and the accompanying Presi-
dential letter ( also Presidential
Order
s amended
and State Department Delegation of Authorty1 85,5 a; Executive
Order 10606100 (page 106) ;
and
111).
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(b) After June 30, 1955, the President shall exercise the powers
conferred upon him under title III of chapter 11212 of this Act
through the Secretary of State .2
(c) 284 The President shall continue to exercise the powers conferred
on him under title I of chapter II,2 relating to defense support, only
through the Secretary of State and his suborainates.286
SEC. 522.287 ALLOCATION AND RFJMI URSEMENT AMONG AGENCIES.-
(a) The President may allocate or transfer to any United States
Government agency any part of any funds available for carrying out
the purposes of this Act, including any advance to the United States
by any nation or international organization for the procurement of
equipment or materials or services. Such funds shall be available
for obligation and expenditure for the purposes for which authorized,
in accordance with authority granted in this Act or under authority
governing the activities of the Government agencies to which such
funds are allocated or transferred. Funds allocated to the Depart-
ment of Defense shall be governed as to reimbursement by the pro-
cedures of subsection (c) of this section.
(b) Any officer of the United States performing functions under
this Act may utilize the services and facilities of, or procure commodi-
ties from, any United States Government agency as the President shall
direct, or with the consent of the head of such agency, and funds
allocated pursuant to this subsection to any such agency may be
established in separate appropriation accounts on the books of the
Treasury. The Administrator of General Services is authorized to
maintain in a separate consolidated account, which shall be free from
fiscal year limitations, payments received by the General Services
Administration for administrative surcharges in connection with pro-
curement services performed by the General Services Administration
in furtherance of the purposes of this Act. Such payments shall be
in amounts mutually acceptable to the General Services Admin-
istration and the United States Government agency which finances
the procurement, and these amounts shall be available for adminis-
trative expenses incurred by the General Services Administration in
performing such procurement services.2
(c) Reimbursement shall be made to any United States Government
agency, from funds available to carry out chapter I 289 of this Act,
for any assistance furnished under that chapter from, by, or through
such agency. Such reimbursement shall be in an amount et ual to the
value (as defined in section 545) of the equipment and materials,
services (other than salaries of members of the Armed Forces of the
United States), or other assistance furnished, plus expenses arising
from or incident to operations under that chapter. The amount of
any such reimbursement shall be credited as reimbursable receipts to
y?' Sec. 501 (24) of the MSAct of 1958 Inserted the words "of chapter II".
_ See Executive Order 10610 (page 106) and State Department Delegation of Authority
85, as amended (page 111).
714 Subsection "(c)" was added by see. 10(a) of the MSAct of 1957.
6 Sec. 501 (25) of the idSAct of 1958 substituted "title I of chapter II" in lieu of
"chapter 3 of title I".
3 See-Executive -Order 10610 (page 106) and State Department Delegation of Authority
85, as amended (page 111). -
~, 22 U. S. C. (r 1782.
385 he4portion of this subsection beginning with "the Administrator of General Serv-
ices was added by see. 10 (b) (2) of the MSAct of 1956.
no See. 501 (26) of the MSAct of 1958 substituted "chapter I" in lieu of "chapter 1 of
title I".
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LISLA
current applicable appropriations, funds, or accounts of such agency
and shall be available for, and under the authority applicable to, the
purposes for which such appropriations, funds, or accounts are author-
ized to be used, including the procurement of equipment and materials
or services, required by such agency, in the same general category as
those furnished by it or authorized to be procured by it and expenses
arising from and incident to such procurement 290
(d) In the case of any commodity, service, or facility procured from
any United States Government agency under any provision of this
Act other than chapter I,291 reimbursement or payment shall be made
to such agency from funds available to carry out such provision. Such
reimbursement or payment shall be at replacement cost, or if required
by law, at actual cost, or at any other price authorized by law and
agreed to by the owning or disposal agency. The amount of any such
reimbursement or payment shall be credited to current applicable ap-
propriations, funds, or accounts from which there may be procured
replacements of similar commodities, services, or facilities, except that
where such appropriations, funds, or accounts are not reimbursable
except by reason of this subsection, and when the owing agency deter-
mines that such replacement is not necessary, any funds received in
payment therefor shall be covered into the Treasury as miscellaneous
recei ts.
(e In' furnishing assistance under this Act and in making surplus
agricultural commodities available under section 402 accounts may
be established on the books of any United States Government agency
or, on terms and conditions approved by the Secretary of the Treasury,
in banking institutions in the United States, against which (i) letters
of commitment may be issued which shall constitute obligations of the
United States, and moneys due or to. become due under, such letters of
commitment shall be assignable under the Assignment of Claims Act
of 1940, as amended, and (ii) withdrawals may be made by recipient
nations or agencies, organizations or persons upon presentation of
contracts, invoices, or other appropriate documentation. Expenditure
of funds which have been made available through accounts so estab-
lished shall be accounted for on standard documentation required for
expenditure, of Government funds : Provided, That such expenditures
for commodities or services procured outside the continental limits of
the United States may be accounted for exclusively on such certifica-
tion as may be prescribed in regulations approved by the Comptroller
General of the United States 292
(f) 299 Any appropriation made to carry out the provisions of this
Act may initially be charged, within the limits of available funds, to
finance expenses for which funds are available in other appropriations
made under this Act : Provided, That as of the end of the same fiscal
year such expenses shall be finally charged to applicable appropria-
tions with proper credit to the appropriations initially utilized for
financing purposes.
290 See also sec. 108 of the Mutual Security Appropriation Act, 1956, as amended
(Pages 70-71).
Sec. 501 (26) of the MSAct of 1958 substituted "chapter I" in lieu of "chapter 1 of
title 1".
292 See ICA Regulation 1, as amended November, 1957, for rules pertaining to docu-
mentation.
252 This subsection was added by see. 10 (b) (2) of the MSAet of 1956.
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SEC. 523.294 COORDINATION WITH FOREIGN POLICY.- (a) Nothing
contained in this Act shall be construed to infringe upon the powers or
functions of the Secretary of State.
(b) The President shall prescribe appropriate procedures to assure
coordination among representatives of the United States Govern-
ment in each country, under the leadership of the Chief of the United
States Diplomatic Mission.296
(c) 296 Under the direction of the President, the Secretary of State
shall :
(1) coordinate the various forms of assistance authorized by
this Act so that the foreign policy of the United States may be
best served thereby; and
(2) determine the value of the program under chapter 1291
for any country.
SEC. 524.298 THE SECRETARY OF DEFENSE.-(a) In the case of aid
under chapter I 2911 of this Act, the Secretary of Defense shall have
primary responsibility for-
(1) the determination of military end-item requirements;
(2) the procurement of military equipment in a manner which
permits its integration with service programs;
(3) the supervision of end-item use by the recipient coun-
tries; 300
(4) the supervision of the training of foreign military person-
nel;
(5) the movement and delivery of military end-items; and
6 within the Department of Defense, the performance of any
other functions with respect to the furnishing of military assist-
ance.
(b) The establishment of priorities in the procurement, delivery,
and allocation of military equipment shall be determined by-the Sec-
retary of Defense.901
SEC. 525 302 FOREIGN OPERATIONS ADMINISTRATION.903-The Presi-
dent may transfer to any agency or officer of the United States, and
may modify or abolish, any function, office, or entity of the Foreign
Operations Administration (including any function office or entity
thereof transferred to any other agency) 304 or any officer or employee
thereof and may transfer such personnel, property records, and funds
as maybe necessary incident thereto : 1106 Provided, fiat such authority
conferred by this sentence shall be exercised in accordance with appl1-
yea 22 U. S. C. ? 1783.
20 See part II of Executive Order 10575, as amended (pa a 103)..
This See. subsection of added Mby see. SAct of 01958ssubstituted- u"chpater I" in lieu of "chapter 1 of
title I".
2N 22 U. S. C. 9 1784. 211 Sec. 501 (28) of the MSAct of 1958 substituted "chapter I" in lieu of "chapter 1 of
title I
500 The words "end-item. use" were substituted for "end-items used" by sec. 10 (a) of the
MSAct of 1955.
soy Sec. 10 (c) of the MSAct of 1957 struck out the second sentence of this subsection.
It formerly read as follows: "The determination of the value of the program for any
country under chapter 1 of title I shall be made by the President."
00 22 U. S. C. ? 1785. was It red as folloows n Exceptias modifid pursuant out hisssec ion(or ect on 52 1hefDiec-
for of the Foreign Operations Administration (referred to in this chapter as the 'Director')
shall continue to perform the functions vested in him on the effective date of this Aet,
except insofar as such functions relate to continuous supervision and general direction of
pr00 The matteerial in parentheses was added by see. 10 (b), of the MSAct of 1955.
am See see. 521 of this Act.
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LEGISLATION ON FOREIGN RELATIONS 47
cable laws and regulations relating to the Civil Service and Veterans'
Preference.3??
SEC. 526.0r MISSIONS AND STAFFS ABROAD.-The President may
maintain special missions or staffs abroad in such nations and for such
periods of time as may be necessary to carry out this Act. Such
special mission or staff shall be under the direction of a chief. The
chief and his deputy shall be appointed by the President and may,
notwithstanding any other law, be removed by the President at his
discretion. The chief shall be entitled to. receive (1) in cases approved
by the President, the same compensation and allowances as a chief of
mission, class 3, or a chief of mission, class 4, within the meaning of
the Foreign Service Act of 1946 (22 U. S. C. 801),308 or (2) compensa-
tion and allowances in accordance with section 527 (c) of this Act,
as the President shall determine to be appropriate. If a Foreign'
Service Officer shall be appointed by the President to a position under
this section, the period of his service in such capacity shall be con-
sidered as constituting an assignment for duty within the meanin
of section 571 of the Foreign Service Act of 1946, as amended,-1011 ang
such person shall not, by virtue of his acceptance of such an assignment,
lose his status as a Foreign Service Officer a'?
SEC. 527.31L EMPLOYMENT OF PERSONNEL._(a) Any United States
Government agency performing functions under this Act is authorized
to employ such personnel as the President'deems necessary to carry out
the provisions and purposes of this. Act 812
(b) Of the personnel employed in the United States on programs
authorized by this Act, not to exceed sixty may be compensated with-
out regard to the provisions of the Classification Act of 1949, as
amended," of whom not to exceed thirty-five may be compensated
at rates higher than those provided for grade 15 of the general sched-
ule established by the Classification Act of 1949, as amended, and of
these, not to exceed fifteen may be compensated at a rate in excess of
the highest rate provided for grades of such general schedule but not
in excess of $19,000 314 per annum. Such positions shall be in addi-
tion to those authorized by law to be filled by Presidential appoint-
ment, and in addition to the number authorized by section 505 of the
Classification Act of 1949, as amended.316
(c) For the purpose of performing, functions under this Act out-
side the continental limits of the United States, the Director may-
(1) employ or assign persons, or authorize the employment or
assignment of officers or employees of other United States Gov-
ernment agencies, who shall receive compensation at any of the
rates provided for the Foreign Service Reserve and Staff by
the Foreign Service Act of 1946, as amended (22 U. S. C.
801),810 together with allowances and benefits established there-
under including, in all cases, post differentials prescribed under
806 The proviso was added by sec. 10 (b) of the MSAct of 1955.
807 22 U. S. C. ? 1786.
"For text, see page 171.
'For text, see pages 187-189.
This sentence was added by sec. 10 (c) of the MSAct of 1955.
81122 U. S. C. ? 1787.
618 See also sec. 581 of this Act.
3115 U. S. C. ? 1071 note.
811 Amended by sec. 113 of the Federal Executive Pay Act of 1956, 22 U. S. C. ? 1787,
which struck out "$15,000 per annum" and inserted "$16,000 per annum".
835 5 U. S. C. ? 1:105.
816 See sees. 414 and 41S of the Foreign Service Act (pages 176-177) and accompanying
footnotes.
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48 LEGISLATION ON FOREIGN RELATIONS
section 443 of the Foreign Service Act; 317 and persons so em-
ployed or assigned shall be entitled, except to the extent that the
President may specify otherwise in cases in which the period of
the employment or assignment exceeds thirty months,-3"s to the
same benefits as are provided by section 528 of the Foreign Serv-
ice Act 319 for persons appointed to the Foreign Service Reserve
and, except for policy-making officials, the provisions of section
1005 of the Foreign- Service Act 320 shall apply in the case of such
persons; and
(2) utilize such authority, including authority to appoint and
assign personnel for the duration of operations under this Act,
contained in the Foreign Service Act of 1946, as amended (22
U. S. C. 801),321 as the President deems necessary to carry out
functions under this Act 322 Such provisions of the Foreign
Service Act as the President deems appropriate shall apply to
personnel appointed or assigned under this paragraph, includ-
ing, in all cases, the provisions of sections 443 and 528 of that
Act: 323 Provided, however, That the President may by regulation
make exceptions to the application of section 528 in cases in
which the period of the appointment or assignment exceeds
thirty months 324
(d) For the purpose of performing functions under this Act
outside the continental limits of the United States, the Secretary
of State may, at the request of the Director, appoint yfor the duration
of operations under this Act alien clerks and employees 125 in accord-
ance with applicable provisions of the Foreign Service Act of 1946,
as amended (22 U. S. C. 801) .826
(e) 827 Notwithstanding the provisions of title 10, United States
Code, section 712, or any other law containing similar authority, of-
ficers and employees of the United States performing functions under
this Act shall not accept from any foreign nation any compensation
or other benefits. Arrangements may be made by the President with
such nations for reimbursement to the United States or other sharing
of the cost of performing such functions.
SEC. 528.928 DETAIL OF PERSONNEL TO FOREIGN GOVERNMENTS .829
(a) Whenever the President determines it to be consistent with, and
in furtherance of the purposes of this Act, the head of any United
States Government agency is authorized to detail or assign any officer
or employee of his agency to any office or position to which no com-
pensation is attached with any foreign government or foreign govern-
817 For text, see page 180.
818 The words ", except to the extent that the President may specify otherwise in cases
in which the period of the employment or assignment exceeds thirty months," were inserted
by see. 10 (e) of the MSAct of 1957.
219 For text, see pages 185-186.
820 For text, see page 214.
821 For text, see page 171. 10477 (page 133), and 10522
322 See Executive Orders 10575, as amended (page 98),
(page 136).
813 Text on pages 180 and 185-186, respectively.
"'This also proviso was inserted by this A0 (e) of the MSAct of 1957. see, 537 (a) (2) of 326
329 For text, see page 171.
821 Subsec. (e) was added by sec. 401 (e) of the MSAct of 1958, and becomes effective
April 1, 1959. See footnote 11.
828 22 U. S. C. ? 1788.
829 See sees. 301-303 of the United States Information and Educational Exchange Act of
1948 (Smith-Mundt Acts 22 U. S. C. ?11451-1453; and also sec. 102 of this Act and 10
U. S. C. ? 712.
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LEGISLATION ON FOREIGN RELATIONS 49
ment agency : Provided, That such acceptance of office shall in no
case involve the taking of an oath of allegiance to another government.
(b) Any such officer or employee, while so assigned or detailed, shall
be considered, for the purpose of preserving his privileges, rights,
seniority, or other benefits as such, an officer or employee of the Gov-
ernment of the United States and of the Government agency from
which assigned or detailed, and he shall continue to receive compen-
sation, allowances, and benefits from funds available to that agency
or made available to that agency out of funds authorized under
this Act.
SEc. 529.330 DETAIL OF PERSONNEL TO INTERNATIONAL ORGANIZA-
TIONS.-(a) Whenever the President determines it to be consistent
with and in furtherance of the purposes of this Act, the head of any
United States Government agency is authorized to detail, assign, or
otherwise make available to any international organization any officer
or employee of his agency to serve with or as a member of the interna-
tional staff of such organization, or to render any technical, scientific
or professional advice or service to or in cooperation with such
organization.
(b) Any such officer or employee, while so assigned or detailed, shall
be considered, for the purpose of preserving his allowances, privileges,
rights, seniority and other benefits as such, an officer or employee of the
Government of the United States and of the Government agency from
which detailed or assigned, and he shall continue to receive compen-
sation , allowances, and benefits from funds available to that agency
or made available to that agency out of funds authorized under this
Act. He may also receive, under such regulations as the President
may prescribe, representation allowances similar to those allowed un-
der section 901 of the Foreign Service Act of 1946, as amended (22
U. S. C. 801).331 The authorization of such allowances and other bene-
fits and the payment thereof out of any appropriations available there-
for shall be considered as meeting all the requirements of section 1765
of the Revised Statutes.332
(c) Details or assignments may be made under this section-
(1) without reimbursement to the United States by the inter-
national organization;
(2) upon agreement by the international organization to reim-
burse the United States for compensation, travel expenses, and al-
lowances, or any part thereof payable to such officer or employee
during the period of assignment or detail in accordance with
subsection (b) of this section; and such reimbursement shall be
credited to the appropriation, fund, or account utilized for paying
such compensation, travel expenses or allowances, or to the appro-
priation, fund, or account currently available for such purposes;
(3) upon an advance of funds, property, or services to the
United States accepted with the approval of the President for
specified uses in furtherance of the purposes of this Act; and funds
so advanced may be established as a separate fund in the Treasury
of the United States, to be available for the specified uses, and to
be used for reimbursement of appropriations or direct expendi-
-0 22 U. S. C. ? 1789.
sa1 For text, see pages 206-207.
aaz S U. S. C. ? 70.
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50 LEGISLATION ON FOREIGN RELATIONS
ture subject to the provisions of this Act, any unexpended balance
of such account to be returned to the international organization;
or
(4) subject to the receipt by the United States of a credit to be
applied against the payment by the United States of its share of
the expenses of the international organization to which the officer
or employee is detailed, such credit to be based upon the compen-
sation, travel expenses and allowances, or any part thereof, pay-
able to such officer or employee during the eriod of assignment
or detail in accordance with subsection (b)) of this section.
SEC. 530.333 EXPERTS AND CONSULTANTS OR ORGANIZATIONS THERE-
or.-(a) Experts and consultants or organizations thereof, as au-
thorized by section 15 of the Act of August 2, 1946 (5 U. S. C. 55a),
may be employed by any United States Government agency for the
performance of functions under this Act,'- and individuals so em-
ployed may be compensated at rates not in excess of $75 per diem,
and while away from their homes or regular places of business, they
may be paid actual travel expenses and per diem in lieu of subsistence
and other expenses at a rate not to exceed $10 or at the applicable rate
prescribed in the Standardized Government Travel Regulations, as
amended from time to time, whichever is higher,336 while so employed
within the continental limits of the United States and at the applicable
rate. prescribed in the Standardized Government Travel Regulations
.(Foreign Areas) while so employed outside the continental limits of
the United States : Provided, That contracts for such employment with
such organizations may be renewed annually.33?
(b) Persons of outstanding experience and ability may be employed
without compensation by any United States Government agency for
the performance of functions under this Act in accordance with the
provisions of section 710 (b) of the Defense Production Act of 1950,
as amended (50 U. S. C. Ap 2160), and regulations issued thereunder.
SEC. 531.337 SECURITY CLEARANCE.-NO citizen or resident of the
United States may be employed, or if already employed, may be as-
signed to duties by the Director under this Act for a period to exceed
three months unless-
(a) such individual has been investigated as to loyalty and
security by the Civil Service Commission, or by the Federal Bu-
reau of Investigation in the case of specific positions which have
been certified by the Director as being of a high degree of im-
portance or sensitivity or in case the Civil Service Commission
investigation develops data reflecting that the individual is of
questionable loyalty, and a report thereon has been made to the
Director, and until the Director has certified in writing (and filed
copies thereof with the Senate Committee.. on Foreign Relations
and the House Committee on Foreign Affairs) that, after full
consideration of such report, he believes such individual is loyal
to the United States, its Constitution, and form of government,
and is not now and has never knowingly been a member of any
organization advocating contrary views; or
- 22 U. S. C. 11790.
an See also see. 532 (a) of this Act.
The following words were added by sec. 10 (d) of the MSAct of 1955: "or at the
applicable rate prescribed in the Standardized Government Regulations, as amended from
time to time, whichever is higher."
This proviso was added by sec. 10 (c) of the MSAct of 1956.
22 U. S. C. 11791.
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LEGISLATION ON FOREIGN RELATIONS
(b) such individual has been investigated by a military intelli
gence agency and the Secretary of Defense has certified in writing
.that he believes such individual is loyal to the United States
and filed :copies thereof with the Senate Committee on Foreign
Relations and the House Committee on Foreign Affairs.
This section shall not apply in the case of any officer appointed by
the President by and with the advice and consent of the Senate, nor
shall it apply in the case of any person already employed under pro-
grams covered by this Act who has been previously investigated in
connection with such employment.
SEC. 532.338 EXEMPTION OF PERSONNEL FROM CERTAIN FEDERAL
LAws.-(a) Service of an individual as. a member of the Board es-
tablished pursuant to section 308 of this Act or as an expert or con-
sultant under section 530 (a) shall not be considered as service or em-
ployment bringing such individual within the provisions of title 18,
U. S. C., section 281, 283 or 284, or of section 190 of the Revised
Statutes (5 U. S. C. 99), or of any other Federal law imposing re-
strictions, requirements, or penalties in relation to the employment of
persons, the performance of services, or the payment or receipt of
compensation in connection with any claim, proceeding, or matter in-
volving the United States, except insofar as such provisions of law
may prohibit any such individual from receiving compensation in
respect of any particular matter in which such individual was direct-
ly Involved in the performance of such service; nor shall such service
be considered its employment or holding of office or position bringing
such individual within the provisions of section 6 of the Act of May
22, 1920, as amended (5 U. S. C. 715), section 212 of the Act of June
30, 1932, as amended (5 U. S. C. 59a), or any other Federal law limit-
ing the reemployment of retired officers or employees or governing
the simultaneous receipt of compensation and retired pay or annuities.
Contracts for the employment of retired military personnel with
specialized research and development experience, not to exceed ten in
number as experts or consultants under section 530 (a), may be
renewed annually, notwithstanding section 15 of the Act of August 2,
1946 (5 U. S. C. 55a).339
(b) Notwithstanding section 2 of the Act of July 31, 1894 (5
U. S. C. 62), which prohibits certain retired officers from holding
certain office, any retired officer of any of the services mentioned in
the Career Compensation Act of 1949 may hold any office or appoint-
ment under this Act or the Mutual Defense Assistance Control Act
of 1951,340 but the compensation of any such retired officer shall be
subject to the provisions of the Act of June 30, 1932 (5 U. S. C. 59a),
which does not permit retired pay to be added to the compensation
received as a civilian officer.
SEC. 533.941 'WAIVERS OF CERTAIN FEDERAL LAwS.342-whenever
the President determines it to be in furtherance of purposes declared
in this Act, the functions authorized under this Act may be performed
without regard to such provisions of law (other than the Renegotiation
Act of 1951, as amended) regulating the making, performance, amend-
22 U. S. C. 8 1792.
eas This sentence was added by see. 10 (d) of the MSAct of 1956.
840 For text, see ppage 78.
-22U.S.C.?1793.
X42 For waivers of other-laws, see sees. 107, 403; 408 (e), 411 d), 451, 502, 582, 537 (a),
(c), (d), and (e) of this Act, and also Executive Order 10784 ((page 115).
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ment, or modification of contracts and the expenditure of Government
funds as the President may specify.
SEC. 534 343 REPORTS.-The President, from time to time while
funds appropriated for the puropse of this Act continue to. be avail-
able for obligation, shall transmit to the Congress reports covering
each six months of operations, in furtherance of the purposes of this
Act, except .information.the disclosure of which :he,deems.,incompat
ible with the security of the United States. Reports provided for
under this section shall be transmitted to the Secretary of the Senate
or the Clerk of the House of Representatives, as the case may be, if the
Senate or the House of Representatives, as the case may be, is not in
session. Such reports shall include detailed information on the imple-
mentation of sections 504, 202, 400, 416,344 413 (b), and 418 345 of this
Act.
SEC. 535 346 COOPERATION WITH NATIONS AND INTERNATIONAL OR-
GANIZATIONS.-(a) The President is authorized to request the cooper-
ation of or the use of the services and facilities of the United Nations,
its organs and specialized agencies, or other international organiza-
tions, in carrying out the purposes of this Act, and may make pay-
ments by advancements .or reimbursements, for such purposes, out of
funds made available for the purposes of this Act, as may be necessary
therefor, to the extent that special compensation is usually required for
such services and facilities : Provided, That nothing in this section
shall be construed to authorize the delegation to any international or
foreign organization or agency of authority to decide the method of
furnishing assistance under this Act to any country or the amount
thereof.347
(b) Whenever the President determines it to be consistent with
and 348 in furtherance of the purposes and within the limitations of
this Act, United States Government agencies, on request of interna-
tional organizations, are authorized to furnish supplies, materials, and
services, and on request of free 349 nations, are authorized to furnish
nonmilitary supplies, materials, and services, to such organizations
and nations on an advance of funds or reimbursement basis. Such
advances, or reimbursements which are received under this subsection
within one hundred and eighty days after the close of the fiscal year in
which such supplies, materials, and services are delivered, may be
credited to the current applicable appropriation or fund of the agency
concerned and shall be available for the purposes for which such
appropriations and funds are used350
94322 U. S. C.?1794.
844 The numbers '202, 400, 416" were added by sec. 10 (f) of the MSAct of 1957.
aas The words "and 418" were added by sec. 10 (e) of the MSAct of 1955.
3" 22 U. S. C. ? 1795. The heading formerly read "Cooperation with International
Organizations" and was changed by sec. 10 (e) (1) of the MSAct of 1956.
a4T For sections authorizing contributions to international organizations, see sees. 104,
806, 405, 406, 407, 408, and 415 of this Act. Cf. sees. 102, 131 (a), and 536 of this Act, as
well a s repealed sec. 418, which appears on page 32.
The words "consistent with and" were added by see. 10 (g) of the MSAct of 1957.
Sae The word "free" was added by see. 10 (g) of the MSAct of 195.7.
is. section was amended by sec. 10 (e) (2) of the MSAct of 1956. It formerly read :
"Whenever the President determines it to be in furtherance of the purpose of this Act,
United States Government agencies, on request of international organizations', are author-
ized to furnish supplies, materials, and services on an advance of funds or rembursement
basis, to such organizations. Such advances or reimbursements may be credited to the
current applicable appropriation or fund of the agency concerned and shall be"available
for the purposes for which such appropriations and funds are authorized to be used."
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LE 51 ATIQN ON FOItEIQN RELATIONS 53
SEC. 536.351 JOINT COMMISSION ON RURAL RECONSTRUCTION IN
CHINA.-The President is authorized to continue to participate in the
Joint Commission on Rural Reconstruction in China and to appoint
citizens of the United States to the Commission.
. SEC. 537.362 PROVISIONS ON USES OF FUNDS.-(a) Appropriations for
the purposes of this Act (except for chapter 1363), allocations to any
United States Government, agency, from other appropriations, for
functions directly related to the purposes of this Act, and funds made
available for other purposes to any agency administering nonmilitary
assistance, shall be available for :
(1) rents in the District of Columbia; 354
(2) expenses of attendance at meetings concerned with the pur-
poses of such appropriations, including -(notwithstanding the pro-
visions of section 9 of the Act of March 4, 1909 (31 U. S. C. 673) )
expenses in connection with meetings of persons whose employ-
ment is authorized by section 530 of this Act ;
(3) employment of aliens, by contract, for services abroad; 356
(4) purchase, maintenance, operation, and hire of aircraft:
Provided, That aircraft for administrative urposes may be pur-
chased' only as specifically provided for in-an-appropriation or
other Act;
(5) purchase and hire of passenger motor vehicles: Provided,
That, except as may otherwise be provided in an appropriation or
other Act, passenger motor vehicles abroad for administrative
purposes may be purchased for replacement only and such vehicles
may be exchanged or sold and replaced by an equal number of
such vehicles and the cost, including exchange allowance, of each
such replacement shall not exceed $3,300 in the case of an automo-
bile for the chief of any special mission or staff abroad established
under section 526 of this Act: Provided further, That passenger
motor vehicles may be purchased for use in the continental United
States only as may be specifically provided in an appropriation or
other Act;
(6) entertainment within the United States (not to exceed
$15,000 in any fiscal year except as may otherwise be provided in
an appropriation or other Act ;
(7) exchange of funds without regard to section 3651 of the
Revised Statutes (31 U. S. C. 543), and loss by exchange;
(8) expenditures (not to exceed $50,000 in any fiscal year ex-
cept as may otherwise be provided in an appropriation or other
Act) of a confidential character other than entertainment: Pro-
vided, That a certificate of the amount of each such expenditure,
the nature of which it is considered inadvisable to specify, shall
be made by an officer administering nonmilitary assistance, or
such person as he may designate,360 and every such certificate
ss122 U. S. C. ? 1796.
852 22 U
ens See. 501C(29)7of -the MSAct section 1958asubstituted "9 the In lieu of "chapter I of
title I".
Is Sec, 401 (f) of the MSAct of 1958 struck out the words "for the fiscal year 19581, which
followed the word "Columbia".
W5 For other provisions concerning employment of personnel for services abroad, see sec.
527 (c) and (d) of this Act.
86@See sec. 545 (J) of this Act.
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54 LEGISLATION ON FOREIGN RELATIONS
shall be deemed a sufficient voucher for the amount therein
specified; 357
(9) insurance of official motor vehicles in foreign countries;
(10)8 rental or lease outside the continental limits of the
United States of offices, buildings, grounds, and living quarters
to house personnel; maintenance, furnishings, necessary repairs,
improvements, and alterations to properties owned or rented by
the United States Government abroad; and costs of fuel, water
and utilities for such properties;
(11) actual expenses of preparing and transporting to their
former homes in the United States or elsewhere, and of care and
disposition of, the remains of persons or member of the families
of persons who may die while such persons are away from their
homes participating in activities carried out with funds covered
by this subsection (a) ;
12) purchase of uniforms;
(13) payment of per diem in lieu of subsistence to foreign
participants engaged in any program of furnishing technical in-
formation and assistance, while such participants are away from
their homes in countries other than the continental United States,
at rates not in excess of those prescribed by the Standardized
Government Travel Regulations, notwithstanding any other pro-
vision of law;
(14) expenses authorized by the Foreign Service Act of 1946,
as amended (22 U. S. C. 801 and the following), not otherwise
provided for;,"s
15 ice and drinking water for use abroad;
(16) services of commissioned officers of the Public Health
Service and of the Coast and Geodetic Survey, and for the pur-
poses of providing such services the Public Health Service may
appoint not to exceed twenty officers in the regular corps to grades
above that of senior assistant, but not above that of director, as
otherwise authorized in accordance with section 711 of the Act of
July 1, 1944, as amended (42 U. S. C. 211a), and the Coast and
Geodetic Survey may appoint for such purposes not to exceed
twenty commissioned officers in addition to those otherwise
authorized ;
(17) expenses in connection with travel of personnel outside
the continental United States, including travel expenses of
dependents (including expenses during necessary stopovers while
engaged in such travel) and transportation of personal effects,
household goods4 and automobiles of such personnel when any
part of such travel or transportation begins in one fiscal year pur-
suant to travel orders issued in that fiscal year, notwithstanding
the fact that such travel or transportation may not be completed
during that same fiscal year, and cost of transporting to and from
a place of storage, and the cost of storing, the furniture and house-
hold and personal effects of any employee (i) for not to exceed
three months after first arrival at a new post, (ii) when an
W See also sec. 451 of this Act.
258 This subsection was amended by see. 10 (h) (8) of the MSAct of 1957. It formerly
read as follows : "rental of quarters outside the continental limits of the United States to
house employees of the United States Qovergment : (without regard to section 322 of the
Act of June 30, 1932, as amended (40 U. S. C. 278a)), lease, necessary repairs and altera-
tions to quarters ;".
aa9 See also see. 527 (c) of this Act.
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LE, jf3JATJGN ON k'OREIG T RELA
employee is assigned to a post to which he cannot take, or at which
he is unable to use, his furniture and household and personal
effects,360 (iii) when such storage would avoid the cost of trans-
porting such furniture and effects from one location to another,
(iv) when he is temporarily absent from his post under orders,
or (v) when through no fault of the employee storage costs are
incurred on such furniture and effects (including automobiles)
in connection with authorized travel,360 under such regulations as
an officer administering nonmilitary assistance, or such person as
he ma designate, may prescribe;
18) payment of unusual expenses incident,to the operation
an maintenance of official residences for chiefs of special mis-
sions:or staffs serving in accordance with section 526 of this Act.
(b) United States Government agencies are authorized to pay the
costs of health and accident insurance for foreign participants in any
exchange-of-persons program or any program of furnishing technical
information and assistance administered by any such agency while
such participants are en route or absent from their homes for purposes
of participation in any such program.
((c) Notwithstanding the provisions of section 406 (a) of Public
Law 85-241, not to exceed 26,000,000,361 of the funds available for
assistance in Korea under this Act may be used by the President to
construct or otherwise acquire essential living quarters, office space,
and supporting facilities in Korea for use by personnel carrying out
activities under this Act,. and not to exceed $2,750,000 of funds made
available for assistance in other countries under this Act may be used
(in addition to funds available for such use under other authorities in
this Act) for construction or acquisition of such facilities for such
purposes elsewhere.362
(d) 363 Funds made available under section 400 (a) may be used
for expenses (other than those provided for under section 411 (b) of
this Act) to assist in carrying out functions under the Agricultural
Trade Development and Assistance Act of 1954, as amended (7 U. S. C.
1691 and the following), delegated or assigned to any agency or officer
administering nonmilitary assistance.
(e) x84 Funds available under this Act may be used to pay costs of
training United States citizen personnel employed or assigned pur-
suant to section 527 (c) (2) of this Act (through interchange or other-
wise) at any State or local unit of government, public or private non-
profit institution, trade, labor, agricultural, or scientific association or
organization, or commercial firm; and the provisions of Public Law
918,366 Eighty-fourth Congress, may be used to carry out the foregoing
authority notwithstanding that interchange of personnel may not be
involved or that the training may not take place at the institutions
specified in that Act. Such training shall not be considered employ-
ment or holding of office under title 5, United States Code, section 62
aao See. 10 (h) (4) of the MSAct of 1957 struck out the word "or" before subset. "(11i)"
and added subsecs. "(iv)" and "(v)".
861 Sec. 401 (f) of the MSAct of 1958 substituted the words to this point, beginning with
"Notwithstanding" in lieu of "Not to exceed $18,000,000".
562 Sec. 401 (f) of the MSAct of 1958 added this clause, beginning with the words "and not
to exceed $2,750,000".
863 Sec. 6 of the MSAct of 1957 redesignated subset. "(c)" of sec. 201 as subset. "(d)"
of see. 537. This subsection was amended by substituting the words "section 400 (a)" for
"this title" and "411 (b) " for "411 (c)".
304 This subsection added by sec. 10 (6) of the MSAct of 1957.
6-7U.S.C.?1883.
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56 LEGISLATION ON' F'"OREIGN RELATIONS
and any payments or contributions in connection therewith may, as
deemed appropriate by the head of the United States Government
agency authorizing such training, be made by private or public sources
and be accepted by any trainee, or may be accepted by and credited to
the current applicable appropriation of such agency : Provided, how-
evep, That any such payments to an employee in the nature of compen-
sation shall be in lieu of or in reduction of compensation received from
the Government_of the United States.
(f) 888 During the annual presentation to the Congress of requests
for authorizations and appropriations under this Act, a detailed ex-
planation of the method by which'the proposed programs for each
country have been arrived at shall be submitted, including all signifi-
cant factors considered in arriving at such proposed programs.
SEC. 541.867 EFFECTIVE DATE.-This Act shall take effect on the date
of its enactment.
SEC. 542. STATUTES REPEALED.- (a) There are hereby repealed-
(1) an Act to provide for assistance to Greece and Turkey, ap-
proved May 22, 1947, as amended; Se8
(2) the joint resolution to provide for relief assistance to the
people of countries devastated by war, approved May 31, 1947, as
amended; 380
(3) the Foreign Aid Act of 1947; 37?
(4) The Foreign Assistance Act of 1948, as amended; 371 in-
eluding the Economic Cooperation Act of 1948, as amended'372 the
International Children's Emergency Fund Assistance Act of 1948,
as amended, 373 the Greek-Turkish Assistance Act of 1948, 374 and
the China Aid Act of 1948, as amended ; 375
(5) the Mutual Defense Assistance Act of 1949, as amended; 876
(6) the Foreign Economic Assistance Act of 1950, as
amended; 377 including the Economic Cooperation Act of 1950,378
the China Area Aid Act of 1950, as amended; 79 the United Nations
Palestine Refugee Aid Act of 1950,380 and the Act for Interna-
tional Development, as amended; 331
(7) the Far Eastern Economic Assistance Act of 1950, 'as
amended; 382
(8) the Yugoslav Emergency Relief Assistance Act of 1950; 383
(9) the Mutual Security Act of 1951, as amended; 384
(10) the Mutual Security Act of 1952; 386
(11) the Mutual Security Act of 1953; 386
(12) section 12 of the joint' resolution of Congress approved
November 4,1939 (54 Stat. 10; 22 U. S. C. 452) ;
866 Subsec. (f) was added by sec. 401 (f) of the MSAct of 1058.
367 22 U. S. C. ? 1751 note.
- 22 U. S. C. ? 1401.
360 22 U. S. C. ?? 1411-1417.
970 22 U. S. C. $ 1411 note.
87122 U. S. C.? R50 01.
272 22 U. S. C. ? -1520.
878 22 U. S. C. $? 1531 note.
-4 22 U. S. C. 1401-1410.
876 22 U. S. C. ? 1541-1546 note.
876 22 U. S. C. ? ? 1571-1584 note.
877 22 U. S. C. ? 1501 note.
878 22U. S. C. 1501 note.
870 22 U. S. C. ? 1547 note.
880 22 U. S. C. ?? 1556-1556 (b) note.
881 22 U. S. C. ? 1557-1557 (o) note.
a82 22 U. S. C. ? 1551-1552 note.
888 22 U. S. C. ? ? 1651-1675 (p) note.
884 22 ? ? 1651-1675 (p) note.
890 22 U. S. C. ? ? 1651-1675 (p) note.
890 22 U. S. C. ? 16751 note.
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LEGISLATION ON FOREIGN RELATIONS 57
(13) section 4 of the Act of March 3, 1925 (50 Stat. 887; 50
IY. S. C. 165; and
(14) section 968 of title 18, United States Code.
(b) References in other Acts to the Acts listed in subsection (a)
shall hereafter be considered to be references to the appropriate provi-
sions of this Act 387
(c) The repeal of the Acts listed in subsection (a) shall not be
deemed to affect amendments contained in such Acts to acts not named
in subsection (a) .887
SEC. 543.31111 SAVING PROVISIONS.-(a) Except as may be expressly
provided to the contrary in this Act, all determinations, authoriza-
tions, regulations, orders, contracts, agreements, and other actions
issued, undertaken or entered into under authority of any provision of
law repealed by section 542 shall continue in full force and effect until
modified by appropriate authority.
(b) Where provisions of this Act establish conditions which must
be complied with before use may be made of authority contained in
or funds authorized by this Act, compliance with substantially similar
conditions under Acts named in section 542 shall be deemed to con-
stitute compliance with the conditions established by this Act.
(c) No person in the service or employment of the United States or
otherwise performing functions under an Act repealed by section 542
or under section 408 shall be required to be reappointed or reemployed
by reason of the entry into force of this Act, except that appointments
made pursuant to section 110 (a) (2) of the Economic Cooperation Act
of 1948, as amended,389 shall be converted to appointments under sec-
tion 527 (c). of this Act.
(d) 300 Funds appropriated pursuant to provisions of this Act
repealed by the Mutual Security Act of 1956, 1957, or 1958 391 shall
remain available for their original purposes in accordance with the
provisions of law originally applicable thereto. References in any
Act to provisions of this Act repealed or stricken out by the Mutual
Security Act of 1957 are hereby stricken out; and references in any
Act to provisions of this Act redesignated by the Mutual Security Act
of 1957 are hereby amended to refer to the new designations. Until
June 30, 1958, funds used for the purposes of this Act shall be so used
in accordance with the provisions of this Act as in effect prior to the
date of enactment of the Mutual Security Act of 1958.302
SEC. 544.393 AMENDMENTS TO OTHER LAws.391-(a) Section 1 of Pub-
894 22 U. S. C. 1 1768 note.
88 22U . S. C. 1768.
880 2,2 U. S. C. 1508 (a) (2).
890 Subsee. (d) was added by see. 11 (a) of the MSAct of 1957.
001 Sec. 401 (g) of the MSAct of 1958 substituted "Act of 1956, 1957, or 1958" in lieu
of "Act of 1956 or the Mutual Security Act of 1957".
2?2 This sentence was added hr see. 401 (g) of theMSAct of 1958.
a99 22 U, S. C. ? 297a note, 7 U. S. C. j 1704 note.
004 See, 11 (b) ofthe MSAct of 1957 repealed subsets. (a), (c), (d), (e), (f), (g), (h),
and (i) and redesignated subsec. "(b)" as subset. "(a)". Subsets. (c) through (1) had been
added by sec. 11 (a) of the MSAct of 1956. The repealed subsections read as follows:
"SEC. 544. AMENDMENTS TO OTHER LAWS.-(a) Title X of the United States Informa-
tion and Educational Exchange Act of 1948, as amended (22 U. S. C. 1431), is amended
by adding the following new section :
' 'INFORMATIONAL MEDIA GUARANTIES
" `SEC. 1011. The Director of the United States Information Agency may make guaran-
ties, in accordance with the provisions of subsection (b) of section 413 of the Mutual
Security Act of 1.954, of investments In enterprises producing or distributing informational
media consistent with the national interests of the United States against funds heretofore
made available by notes issued to the Secretary of the Treasury pursuant to Section 111
(c) (2) of the Economic Cooperation Act of 1948, as amended, for purposes of guaranties of
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LEGISLATION ON FOREIGN.. RELATIONS
lie Law 283, Eighty-first Congress, is repealed. The Institute of Inter-
American Affairs, created pursuant to Public Law 369, Eightieth Con-
Investments: Provided, however That the amount of such guaranties in any fiscal year
shall be determined by the President but shall not exceed $10,000,000.'
? s- ? ? ? - * M
"(c) In section 4 of the Act of May 28, 1949 (88 Stat. 111, 5 U. S. C. 151c), insert after
the words 'such functions' the following: ', including if he shall so specify the authority
successively to redelegate any of such functions,'.
"(d) In the first sentence of section 32 (b) (2) of the Surplus Property Act of 1944 as
amended (50 U. S. C. App. 1641 (b) (2)), after 'any agency thereof', insert 'including
amounts received in repayment of principal or interest on any loan made under section
505 (b) of the Mutual Security Act of 1954, as amended'.
'(e); Section 933 of the Foreign Service Act of 1948, as amended (22 U. S. C. 1148), is
hereby amended by inserting after 'continental United States' where. it appears. In both
subsection (a) and subsection (b) oP that section ', its Territories and possessions,'.
ffl Section 1441 (c) oP the Internal Revenue Code of 1954 is hereby amended by
inserting after paragraph (5) the following new paraggraph :
(6) PHR DIHM OF CERTAIN ALIHNS.-No deduction or withholding under subsec-
Pion (a) shall be required in the case of amounts of per diem for subsistence paid by
the Lnited States Government (directly or by contract) to any nonresident alien
individual who fs engaged in any program of. training fn the United States under
(the Mutual Securit Act of 1954., as amended.'
1948, assa vended (22 U. S. C. 1442), Is amended by g ' '(( i inert aa Exchange Act )' ' before `The Director '
r,'
by deleting everything after the words 'national interests of the United States,' by
inserting a period at that point, and by inserting the following new subsections :
'(b) The Director is authorized to assume the obligation of not to exceed $28,000,000
of the notes authorized to be Issued pursuant to subsection 111 (c) (2) of the Economic
Cooperation Act of 1948, as amended (22 U. S. C. 1509 (c) (2) ), together with the interest
accrued and unpaid thereon, and to obtain advances from time to time from the Secretary
of the Treasury up to such amount, less amounts previously advanced on such notes, as
provided for in said notes. Such advances shall be deposited in a special account in the
Treasury available for payments under informational media guaranties.
' '(c) The Director is authorized to make informational media guaranties without
regard to the limitations of time contained in subsection 413 (b) (4) of the Mutual Security
Act of 1954, as amended (22 U. S. C. 1933 (b) (4)), but the total of such guaranties out-
stair)ing;at any one time shall,n.ot- exceed the sum of the face amoulit of the notes assumed
by he Director less the amounts previously advanced on such notes by the Secretary
of the Treasury plus the amount of the funds in the special account referred to in sub-
section (b).
(d) Foreign currencies available after June 80, 1955, from conversions made pur-
suant to the obligation of informational media guaranties may be sold, In accordance
with Treasury Department regulations, for dollars which shall be deposited in the special
account and shall be available for payments under new guaranties. Such currencies shall
be available, as may be provided for by the Congress in appropriation Acts, for use for
educational, scientific, and cultural purposes which are In the national interest of the
United States, and for such other purposes of mutual interest as may be agreed to by
the governments of the United States and the country from which the currencies derive.
e) Notwithstanding the provisions of subparagraph 413 (b) (4) (E). of the Mutual
Security Act of 1954, as amended (22 U. S. C. 1933 (b) (4) (E) (1) fees collected, for
the issuance of informational media guaranties shall be deposited In the special account
and shall be available for payments under informational media guaranties; and (2) the
Director may require the payment of a minimum charge of up to fifty dollars for issuance
of guaranty contracts, or amendments thereto.
(f) The Director Is further authorized, under such term. as he may prescribe, to
..to advance payment. under informational media guaranties: Provided, That currencies
receivable from holders, of such guaranties on account of such advance payments shall be
paid to the United States within nine months from the date of the advance payment and
that appropriate security to assure such payments Is required before any advance payment
is made.
11 (g) As soon as.feasible after the enactment of this subsection, all assets, liabilities,
income, expenses, and charges of whatever kind pertaining to Informational media guar-
anties, including any charges against the authority to issue notes provided in section 111
(c) (2) of the Economic Cooperation Act of 1948 as amended, cumulative from the enact-
ment of that Act, shall be accounted for separately from other guaranties issued pursuant
to subsection 413 (b) of the Mutual Security Act of 1954, as amended (22 U. S. C. 1983
(b)) : Provided, That there shall be transferred from the special account established pur-
snant to subsection (b), into the account available for payments under guaranties other
than informational media guaranties, anamount equal to the total of the fees received
for the issuance of guaranties other than informational media guaranties, and used to
make payments under informational media guaranties.'
"(h) Section 104 (h) of the Agricultural Trade Development and Assistance Act of
1954, as amended (Public Law 480, Eighty-third Congress ; 7 U. S. C. 1704), is amended by
addinc at the end thereof the following: 'In the allocation of funds as among the various
purposes set forth in this section, a special effort shall be made to provide for the pur-
poses of this subsection, including a particular effort with regard to: (1) countries where
adequate funds are not available from other sources for such purposes, and (2) countries
where agreements can be negotiated to establish a fund with the interest and principal
available over a period of years for such purposes.'
"(1) Section 104 of the Agricultural Trade Development and Assistance Act of 1954
(Public Law 480, Eighty-third Congress ; 7 U. S. C. 1704), as amended, is further amended
by adding after paragraph (h) the following new paragraph :
(1) for financing the translation, publication, and distribution of books and
periodicals, including Government publications, abroad : Provided That not more
than $5,000,000 may be allocated for this purpose during any fiscal year.' '
Sec. 401 (h) of the MSAct of 1958 struck out subsets. (b) and (c) (which deletions -
shall not be deemed to affect amendments contained in such subsections to Acts other than
the Mutual Security Act of 1954, as amended).
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gress (22 U. S. C. 281),395 shall have succession until June 30, 1960,. and
may make contracts for periods not to exceed five years : Provided,
That any contract extending beyond June 30, 1960, shall be made
subject to termination by the said Institute upon notice: And provided
further, That the said. Institute shall, on and after July 1, 1954, be
subject to the applicable provisions of the Budget and Accounting Act,
1921, as amended (31 U. S. C. 1), in lieu of the provisions of the Gov-
ernment Corporation Control Act, as amended (31 U. S. C. 841).
SEC. 545.396 DEFINITIONS.-For the purposes of this Act-
(a) The term "commodity" includes any commodity, material,
article, supply or goods.
(b) The term "surplus agricultural commodity" means any agricul-
tural commodity or product thereof, class, kind, type, or other speci-
fication thereof, produced in the United States either publicly or pri-
vately owned, which is in excess of domestic requirements, adequate
carryover, and, anticipated exports for dollars, as determined by the
Secretary of Agriculture.
(c) The terms "equipment" and "materials" shall mean any arms,
ammunition, or implements of war, or any other type of material, arti-
cle, raw material, facility, tool, machine, supply or item that would
further the purpose of chapter I 397 or any component or part thereof,
used or required for use in connection therewith, or required in or for
the manufacture, production, processing, storage, transportation,
repair or rehabilitation of any equipment or materials, but shall not
include merchant vessels. 396
(d) The term "mobilization reserve" as used with respect to any
equipment or materials, means the quantity of such equipment or mate-
rials determined by the Secretary of Defense under regulations pre-
scribed by the President to be required to support mobilization of the
Armed Forces of the United States in the event of war or national
emergency until such time as adequate additional quantities of such
equipment or materials can be procured.
(e) The term "excess" as used with respect to any equipment or
materials, means the quantity of such equipment or materials owned
by the United States which is in excess of the mobilization reserve of
such equipment, or materials.
(f) The terra "services" shall include any service, repair, training
of personnel, or technical or other assistance or information necessary
to effectuate the, purposes of this Act.
(g) The term "Armed Forces of the United States" shall include
any component of the Army of the United States, of the United States
Navy, of the United States Marine Corps, of the Air Force of the
United States. of the United States Coast Guard, and the Reserve com-
ponentsthereof.
313 For text, see page 90.
aoa 22 U. S. C. ? 1751.
ea7 Sec. 501 (31) of the MSAct of 1958 substituted "chapter I" in lieu of "chapter 1 of
title I".
ass For limitation on the transfer of naval vessels, see the Act of March 10, 1951 (65
Stat. 4, 34. U. S. C. ? 493a-1) ; for reference to Act of August 5, 1953, authorizinv transfer
of certain vessels, see page 265. See also reference made to Act of August 29, 1957, author.
izing sale of vessels to Venezuela and extension of loan of vessels to the Netherlands,
page 265, and Act of July 18, 1958, authorizing transfer to friendly foreign countries,
page 264.
$3641-59--5
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(h) The term "value" means-
(1) with respect to any excess equipment or materials fur-
nished under chapter 11119 the gross cost of repairing, rehabili-
tating, or modifying such equipment or materials prior to being
so furnished;
(2) with respect to any nonexcess equipment or materials fur-
nished under chapter I S99 which are taken from the mobilization
reserve (other than equipment or materials referred to in para-
graph (3) of this subsection), the actual or the projected (com-
puted as accurately as practicable) cost of procuring for the
mobilization reserve an equal quantity of such equipment or
materials or an equivalent quantity of equipment or materials
of the same general type but deemed to be more desirable for
inclusion in the mobilization reserve than the equipment or mate-
rials furnished;
(3) with respect to any nonexcess equipment or materials fur-
nished under chapter I 3110 which are taken from the mobilization
reserve but with respect to which the Secretary of Defense has
certified that it is not necessary fully to replace such equipment
or materials in the mobilization reserve, the gross cost to the
United States of such equipment and materials or its replacement
cost, whichever the Secretary of Defense may specify; and
(4) with respect to any equipment or materials furnished under
chapter 'l 899 which are procured for the purpose of being so fur-
nished, the gross cost to the United States of such equipment and
materials.
In determining the gross cost incurred by any agency in repairing,
rehabilitating, or modifying any excess equipment furnished under
chapter I,' all parts, accessories, or other materials used in the course
of repair, rehabilitation, or modification shall be priced in accordance
with the current standard pricing policies of such agency. For the
purpose of this subsection, the gross cost of any equipment or materials
taken from the mobilization reserve means either the actual gross cost
to the United States of that particular equipment or materials or the
estimated gross cost to the United States of that particular equipment
or materials obtained by multiplying the number of units of such par-
ticular equipment or materials by the average gross cost of each unit
of that equipment and materials owned by the furnishing agency.
Notwithstanding the foregoing provisions of this subsection (h) and
for the purpose of establishing a more equitable pricing system for
transactions between the military departments and the Mutual De-
fense Assistance Program, the Secretary of Defense shall prescribe at
the earliest practicable date, through appropriate pricing regulations
of uniform applicability, that the term "value" (except in the case of
excess equipment or materials) shall mean-
(1) the price of equipment or materials obtaining for similar
transactions between the Armed Forces of the United States; or
(2) where there are no similar transactions within the meaning
of paragraph (1), the gross cost to the United States adjusted as
appropriate for condition and market value 400
sen See. 501 32) of the MSAct of 1958 substituted "chapter I" in lieu of "chapter 1 of
ding the foregoing provi-
title We portion of this subsection
* * " was added by see. 11 (b) beginning (1) othe MSAct of "Notwithstan
1956.
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(i) The term "United States Government agency" means any de-
partment, agency, board, wholly or partly owned corporation, or in-
strumentality, commission, or establishment of the United. States
Government.
(j)"' The term "agency administering nonmilitary assistance" shall
refer to the Development Loan Fund and "I any agency to which
authorities and functions under 403 title I,402 title III, or title IV.of
chapter II or under chapter III of this Act are delegated or assigned
pursuant to authority contained in sections 521 and 525 of this Act.
.(k) 401 The term "officer administering nonmilitary assistance" shall
refer to the Board of Directors of the Development Loan Fund and 404
any officer to whom authorities and functions under 403 title I,404 Title
III, or title IV of chapter II or under chapter III of this Act are
delegated or assigned pursuant to authority contained in sections 521
and 525 of this Act.
SEC. 546.405 CONSTRUCTION.-(a) If any provisions of this Act or
the application of any provision to any circumstances or persons shall
be held invalid, the validity of the remainder of the Act and appli-
cability of such provision to other circumstances or persons shall not
be affected thereby.
(b) Nothing in this Act shall alter, amend, revoke, repeal, or other-
wise affect the provisions of the Atomic Energy Act of 1954, as amended
(42 U.S.C. 2011) .400
(c) Nothing in this Act is intended nor shall it be construed as an
expressed or implied commitment to provide any specific assistance,
whether of funds, commodities, or services, to any nation or nations,
or to any international organization.
SEC' 547.407 REDUCTION OF AUTHORIZATIONS.-* * * (Repealed)
SEC. 548.41)8 UNEXPENDED BALANCES.-Unexpended balances of funds
made available under authority of this Act are hereby authorized to be
continued available for the general purposes for which appropriated,
and may be consolidated with appropriations made available begin-
ning in fiscal year 1957 for the same general purposes under the au-
thority of this Act 40s
401 Subsecs. J) and (k) of sec. 545 were added by sec. 11 (b) (2) of the MSAct of 1956.
402 Sec. 401 (1) (1) of the MSAct of 1958 added the words "the Development Loan Fund
and" and struck out the words "title II,".
403 See. 501 (33) of the MSAct of 1958 struck out the words "chapter 3 of" following
under", and inserted "of chapter II or under chapter III" immediately after "title IV".
404 Sec. 401 (1) (2) of the MSAct of 1958 added the words "the Board of Directors of the
Development Loan Fund and" and struck out the words "title II,".
40-122 U. S. C. 8175:2.
493 Sec. 11 (c) of the MSAct substituted "Atomic Energy Act of 1954, as amended
(42 U. S. C. 2011)" for "Atomic Energy Act of 1946, as amended (42 U. S. C. 1801)".
407 This section was repealed by the MSAct of 1957. The repealed section read as
follows :
"SEc. 547. REDUCTION OF AUTIIORIZATIONs.-Notwithstanding the foregoing provi-
sions of this Act, such provisions shall not be construed to authorize the appropriation for
the fiscal year 1955, for the purposes of titles I, II, and IV of this Act, of amounts (exclu-
sive of unexpended balances of prior appropriations authorized to be continued available
under such provisions) aggregating in excess of $2,918,040,000."
408 U. S. C. ? 1767a.
409 This section was amended by sec. 11 (c) of the MSAct of 1956. It formerly read as
Follows :
"Unexpended balances of funds heretofore made available under authority of this Act
are hereby authorized to be continued available for the general purposes for which appro-
priated, and may be consolidated with appropriations made available beginning In fiscal
year 1956 for the same general purposes under the authority of this Act : Provided, however,
That unexpended balances in excess of $200,000,000 not obligated by June 30, 1955, in
accordance with the provisions of section 1311 of the Supplemental Appropriation Act,
1955 (Public Law 663, Eightythird Congress), or reserved in accordance with the provi-
sions of section 110 of the Mutual Security Appropriation Act, 1955 (Public Law 775,
Eighty-third Congress), are not authorized to be continued available after such date."
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62 LEGISLATION ON FOREIGN RELATIONS
SEC. 549 410 SPECIAL PROVISIONS ON AVAILABILITY OF FUNDS.-An
amount equal to 25 per centum of the funds authorized to be appro-
priated for any fiscal year for purposes of title III of chapter II 411 or
section 403 of this Act is authorized to be continued available for three
months beyond the end of the fiscal year for which appropriated412
"022 U. S. C. ? 1759a. This section was added b sec. 11 (d) of the MSAct of 1956.
See also Mutual Security Appropriation Act 1959, "Funds appropriated under each para-
graph iof this Act (other than appropriations under the head of military assistance),
including unobligated balances continued available, and amounts certified pursuant to
section 1311 of the Supplemental Appropriation Act, 1955, as having been obligated against
appropriations heretofore made for the same general purpose as such paragraph, which
amounts are hereby continued available (except as may otherwise be specified in this Act)
for the same period as the respective appropriations in this Act for the same general pur-
pose, may be consolidated in one account for each paragra h."
page Ia9after "title III".
411 See* Mutual Security cAAppropriation 1958 Acte1959, s see.. 104, chapter
412 See also
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3. Mutual Security Act of 1956
Sections 12, 13 and 14-Partial Text of Public Law 726, 84th. Congress [H. R.
11356], 70 Stat. 555, approved July 18, 1956
NOTE. Except for Sections 12, 13 and 14, the whole of the
Mutual Security Act of 1956 consists of amendments to. the
Mutual Security Act of 1954, as amended.
AN ACT To amend further the Mutual Security Act of 1954, as amended.
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 "Mutual Security Act of 1956".
s s * w * s r
FOREIGN RESEARCH REAC/ron PuojEars
SEO. 12 (a) As one means of furthering peaceful uses of atomic
energy on an international basis, there is hereby authorized to be
appropriated to the President for _the fiscal year 1957 not to exceed
$5,950,000 for use by the President, on such terms and conditions as
he may specify, for research reactor projects undertaken or authorized
by foreign governments which shall have entered into agreements for
cooperation with the Government of the United States concerning the
peaceful uses of atomic energy.
(b) Nothing in this section shall alter, amend, revoke, repeal, or
otherwise affect the provisions of the Atomic Energy Act of 1954.
(c) The United States share of the cost of any reactor made avail-
able to another government or to other governments under this section
shall not exceed $350,000.
(d) In carrying out the purposes of this section, the appropriate
United States departments and agencies shall give full and continuous
publicity through the press, radio, and all other available media, so
as to inform the peoples of the participating countries regarding the
assistance, including its purpose, source, and character, furnished by
the United States.2 Such portions of the equipment furnished under
this section as may be appropriately die-stamped as a product of the
United States shall be so stamped.
SEC. 13.3 It is the sense of Congress that not to exceed $11,000,000
of the funds made available pursuant to the Mutual Security Act of
1954, as amended, for the fiscal year 1957 be transferred, in the discre-
tion of the President, to the Department of State to carry out inter-
national educational exchange activities. Such amount is authorized
to be transferred to and consolidated with funds made available to
the Department of State for the fiscal year 1957 for the activities
122 U. S. C. 1 1939.
2 See Executive Order 10575,. as amended, page 98.
022 U.S. C. 11753 note.
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2. Mutual Security Act of 1955
Section 12-Partial Text of Public Law 138, 84th Congress [S. 2090], 69 Stat.
283, approved July 8, 1955
No'rn.-Except for Section 12, the whole of the Mutual
Security Act of 1955 consists of amendments to the Mutual
Security Act of 1954.
AN ACT To amend the Mutual Security Act of 1954, 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 "Mutual Security Act of 1955".
SEC. 12. It is hereby declared to be the continuing sense of the Con-
gress that the Communist regime in China has not demonstrated its
willingness to fulfill the obligations contained in the Charter of - the
United Nations and should not be recognized to represent China in
the United Nations.
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authorized by the.United States Information and Educational Ex-
change Act of 1948, as amended (22 U. S. C. 1431-1479), and by
section 32 (b) (2) of the Surplus Property Act of 1944, as amended
(50 U. S. C. App. 1641 b)) . The amount transferred pursuant to
this section shall be in addition to funds otherwise appropriated for
such activities, and not to exceed $500,000 of the amount so transferred
ma be used for administrative expenses.
SEC. 14.4 It is the sense of Congress that in the preparation of the
mutual security pro am, the President should take fully into account
the desirability of affirmatively promoting the economic development
of under-developed countries, both as a means of effectively counter-
acting the increased political and economic emphasis of Soviet foreign
policy and as a means of promoting fundamental American foreign.
policy objectives of political and economic self-determination and
independence.
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4. Mutual Security Act of 1958
Sec. 503.-Partial Text of Public Law 85-477 [H. R. 12181], 72 Stat. 261,
approved June 30, 1958
NoTE.-Except for Section 503, the whole of the Mutual Se-
curity Act of 1958 consists of amendments to the Mutual Se-
curity Act of 1954, as amended, and to other laws.
AN ACT To amend further the Mutual Security Act of 1954, as amended, 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 "Mutual Security Act of 1958".
COOPERATION IN WESTERN HEMISPHERE
SEC. 503. It is the sense of the Congress that, in view of the friendly
relationships and mutual interests which exist between the United
States and the other nations of the Western Hemisphere, the President
should, pursuant to the provisions of the Mutual Security Act of 1954,
as amended, and other applicable legislation, seek to strengthen co-
operation in the Western Hemisphere to the maximum extent by en-
couraging joint programs of technical and economic development.
66
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5. Mutual Security Appropriation Act, 1959
Text of Public 'Law 85-853 [H. R. 131921, 72 Stat. 1100, approved August 28, 1958
AN ACT Making appropriations for Mutual Security for the fiscal year ending
June 30, 1959, and for other purposes
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following
sums are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending June 30, 1959, namely :
For expenses necessary to enable the President to carry out the
provisions of the Mutual Security Act of 1954, as amended,' to remain
available until June 30, 1959 unless otherwise specified herein, as
follows :
Military assistance: For assistance authorized by section 103 (a)
to carry out the purposes of chapter I (including administrative ex-
penses as authorized by section 103 (b), which shall not exceed $25,-
000,000 for the fiscal year 1959, and purchase for replacement only of
passenger motor vehicles for use abroad), $1,515,000,000;
Defense support : For assistance authorized by section 131 (b),
$750,000,000: Provided, That not less than $50,000,000 thereof shall
be available for Spain exclusive of technical cooperation;
Development Loan Fund : For advances to the Development loan
fund as authorized by section 203, $400,000,000, to remain available
until expended;
Technical cooperation, general authorization : For assistance author-
ized by section 304, $150,000,000;
United Nations expanded program of technical assistance and re-
lated fund: For contributions authorized by section 306 (a), $20,-
000,000;
Technical cooperation programs of the Organization of American
States: For contributions authorized by section 306 (b), $1,500,000;
Special assistance, general authorization : For assistance authorized
by section 4:00 (a), $200,000,000;
Intergovernmental Committee for European Migration : For con-
tributions authorized by section 405 (a), $12,500,000: Provided, That
no funds appropriated in this Act shall be used to assist directly in the
migration to any nation in the Western Hemisphere of any person not
having a security clearance based on .reasonable standards to insure
against Communist infiltration in the Western Hemisphere;
Prooram of United Nations High Commissioner for Refugees : For
contributions authorized by section 405 (c), $1,200,000;
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68 LEGISLATION ON FOREIGN RELATIONS
Escapee program: For assistance authorized by section 405 (d),
$8P01000;
United Nations Children's Fund : For contributions authorized by
section 406, $11,000 000;
United Nations Relief and Works Agency : For contributions and
expenditures authorized by section 407, $25,000,000, and in addition
the unobligated balances of funds heretofore made available for this
purpose are continued available;
Ocean freight charges, United States voluntary relief agencies : For
payments authorized by section 409 (c), $2,100,000;
Control Act expenses : For carrying out the purposes of the Mutual
Defense Assistance Control Act of 1951,2 as authorized by section 410,
$1,000,000;
General administrative expenses : For expenses authorized by sec-
tion 411 (b), $33,000,000;
Atoms for Peace : For assistance authorized by section 419, $5,500,-
000;
President's Special Authority and Contingency Fund : For assist-
ance authorized by section 451 (b), $155000,000;
President's Fund for Asian Economic Development : 8 Unobligated
balances of funds heretofore made available for the President's Fund
for Asian Economic Development are hereby continued available for
the fiscal year 1959 for the purposes for which originally appropriated.
Funds appropriated under each paragraph of this Act (other than
appropriations under the head of military assistance), including un-
obligated balances continued available, and amounts certified pursuant
to section 1311 of the Supplemental Appropriation Act, 1955,4 as
having been obligated against appropriations heretofore made for the
same general purpose as such paragraph, which amounts are hereby
continued available (except as may otherwise be specified in this Act)
for the same period as the respective appropriations in this Act for the
same general purpose, may be consolidated in one account for each
paragraph.
DEPARTMENT OF STATE
Administrative expenses : For expenses of the Department of State
as authorized by section 411 (c) of the Mutual Security Act of 1954,
as amended, $6,692,500.
CORPORATIONS
The Development Loan Fund is hereby authorized to make such
expenditures within the limits of funds available to it, and in accord
with law, and to make such contracts and commitments without re-
gard to iscal year limitations as provided in section 104 of the Gov-
ernment Corporation Control Act, as amended, as may be necessary
in carrying out the programs set forth in the budget for the fiscal
year 1959 for such corporation, except as hereinafter provided :
LIMITATION ON ADMINISTRATIVE EXPENSES, DEVELOPMENT LOAN FUND
Not to exceed $1,250,000 of the funds of the Development Loan
Fund shall be available. during the fiscal year 1959 for administrative
B For text, see page 78. -
s Former sec. 418 of the MSAct of 1954, as amended, repealed in 1956. For text, see
pageFo 8r2.
text, see page 76.
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LEGISLATION ON FOREIGN RELATIONS y
expenses of the Fund covering the categories set forth in the fiscals
year 1959 budget estimates for such expenses.
SEC. 102. No part of any appropriation contained in this Act shall.
be used for publicity or propaganda purposes within the United,
States not heretofore authorized by the Congress.6
SEC. 103. Payments made from'funds appropriated herein for engi-
neering fees and services to any individual engineering firm on any
one project in excess of $25 000 shall be reported to the Committees;
on Appropriations of the senate and House of Representatives at
least twice annually,
SEC. 104. Except for the appropriations entitled "President's spe-'
cial authority and contingency fund" and "Development loan fund",'
not more than 20 per centum of any appropriation item made avail-
able by this Act shall be obligated and/or reserved during the last;
month of availability.
SEC. 105. The Congress hereby reiterates its opposition to the seating
in the United Nations of the Communist China regime as the repre-
sentative of China, and it is hereby declared to be the continuing sense
of the Congress that the Communist regime in China has not demon
strated its willingness to fulfill the obligations contained in the Char
ter of the United Nations and should not be recognized to represent
China in the United Nations. In the event of the seating of repre-
sentatives of the Chinese Communist regime in the Security Council
or General Assembly of the United Nations, the President is requested
to inform the Congress insofar as is compatible with the requirements
of national security, of the implications of this action upon the foreign
policy of the United States and our foreign relationships, including
that created by membership in the United Nations, together with any
recommendations which he may have with respect to the matter.
SEC. 106. The appropriations and authority with respect thereto in
this Act shall. be available from July 1, 1958, for the purposes provided
in such appropriations and authority. All obligations incurred dur-
i g the period between June 30, 1958, and the date of enactment of this
At in anticipation of such appropriations and authority are hereby
ratified and confirmed if in accordance with the terms hereof.
SEC. 107. None of the funds provided by this Act nor any of the
counterpart funds generated as a result of assistance under this Act or
any prior Act shall be used to pay pensions, annuities, retirement pay
or adjusted service compensation for any persons heretofore or here
after serving in the armed forces of any recipient country.
SEC. 108. Not to exceed 50 per centum of the foreign currencies
heretofore generated in any country under section 402 of the Mutual
Security Act of 1954, as amended, may, notwithstanding prior pro`
visions of law, hereafter be used in accordance with the provisions of
that section : Provided, That quarterly reports of the use of foreign
currencies pursuant to this section shall be submitted to the Committees
on Appropriations of the Senate and House of Representatives.
This Act may be cited as the "Mutual Security Appropriation Act,
1959".
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'70 LEGISLATION ON FOREIGN RELATIONS
NoTE.-Section 108 of the Mutual Security Appropriation
Act, 1956, as amended by section 106 of the Mutual Security
Appropriation Act, 1957, reads as follows :
"SEc. 108. Funds heretofore or hereafter allocated to the
Department of Defense from any appropriation for military
assistance (including funds consolidated with any such appro-
priation but excepting funds obligated directly against any
such appropriation for offshore procurement or other pur-
poses) shall be accounted for by geographic area and by coun-
try solely on the basis of the value of materials delivered and
services performed (such value to be determined in accordance
with the applicable provisions of law governing the adminis-
tration of military assistance). Within the limits of amounts
available from funds so allocated, the Department of Defense
is authorized to incur, in applicable appropriations, obliga-
tions in anticipation of reimbursement from such allocations,
and no funds so allocated and available shall be withdrawn by
administrative action until the Secretary of Defense shall
certify that they are not required for liquidation of obliga-
tions so incurred. Unobligated amounts of such allocations
equal to the value of orders placed with the military depart-
ments against such allocations shall be reserved and shall re-
main available during the two succeeding fiscal years for
making such reimbursements (except in case of funds obli-
gated directly against such allocations) only upon the basis of
materials delivered and services rendered : Provided, That
reports of items to be delivered against funds reserved as
provided herein shall be furnished quarterly by the Secretary
of Defense to the Committees on Appropriations of the Senate
and the House of Representatives and, not less often than
once each quarter, said Secretary shall make a detailed report
to the Committees on Appropriations of the Senate and the
House of Representatives, on a delivery or service-rendered
basis, on all military assistance funds allocated and available
to the Department of Defense as of the end of the preceding
quarter: Provided further, That no reimbursements for ma-
terials or services shall be made after June 30, 1955, until the
value of materials delivered and services performed shall equal
the amount of expenditures made from all appropriations
herein and heretofore made for military assistance as of said
date : Provided, however, That not to exceed $302,000,000 of
any reimbursement heretofore made by the Air Force to mili-
tary assistance appropriations as of June 30, 1955 pursuant
to the provisions of this section shall be considered null and
void and materials and services of an equivalent amount shall
be delivered or performed by the Air Force for military as-
sistance purposes without reimbursements: Provided further,
That in the event the President shall determine that supplies
and equipment ordered against funds so allocated are required
for the defense of the United States, the amount allocated for
supplies and materials required for such purpose shall be
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LEGISLATION ON FOREIGN RELATIONS
returned to the appropriation from which allocated : Provided
further, That funds appropriated under the authority of the
Mutual Security Act of 1954, as amended, for military assist-
ance (including specified amounts of unobligated balances
and funds consolidated with any such appropriation), amounts
certified pursuant to section 1311 of the Supplemental Appro-
priation Act, 1955, and, where authorized by the President,
funds made available to the Department of Defense under
section 401 of the Mutual Security Act of 1954, as amended,
shall be maintained in one account which shall be used for all
transactions involving military assistance during the current
fiscal year and no expenditure shall be made from such ac-
count except as may be within the limits of the sum of the
amounts mentioned in this proviso : Provided further, That
nothing in this Act shall be construed as making any appro-
priation or fund available for obligation after the end of the
current fiscal year except as may be necessary for reimburse-
ments authorized herein.
"Section 110 of the Act of September 3, 1954 (Public Law
778) is hereby repealed."
Section 110 of the Mutual Security Appropriation Act, 1955,
contained comparable provisions relating to accounting pro-
cedures for military assistance funds.
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6. Joint Resolution [Temporary Appropriations for 1959]
Partial Text of Public Law 85-472 [H. J. Res. 640], 72 Stat. 241, approved
June 30, 1958
!JOINT RESOLUTION Making temporary appropriations for the fiscal year 1959,
providing for increased pay costs for the fiscal year 1958, and for other
purposes.
;Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums are
appropriated, out of any money in the Treasury not otherwise ap-
propriated, and out of applicable corporate or other revenues, receipts,
and funds, for the several departments, agencies, corporations, and
other organizational units of the Government, namely :
TEMPORARY APPROPRIATIONS
* * * * *
SEC. 101. (b) Such amounts as may be necessary for continuing
projects or activities which were conducted in the fiscal year 1958
and listed in this subsection (1) at a rate for operations not in excess
of the current rate or the rate provided for in the budget estimate,
whichever is lower, or (2) if no budget estimate has been submitted
prior to June 30, 1958, at the current rate, or (3) in the amount or at
the rate specified herein :
Atomic Energy Commission;
Export-Import Bank;
Administration, Ryukyu Islands;
Small Business Administration;
Export Control, Department of Commerce;
Corregidor-Bataan Memorial Commission;
Boston National Historic Sites Commission;
Civil War Centennial Commission;
Lincoln Sesquicentennial Commission; and
Mutual Security programs,' $200,000,000,2 to be expended in accord
with provisions of law applicable to such programs during the fiscal
year 1958 and at a rate for any individual program not in excess of
the current rate therefor : Provided, That administrative expenses for
such programs shall not exceed the current rate.
* * * * * * *
SEc. 102. Appropriations and funds made available and authority
granted pursuant to this title shall remain available until (a) enact-
ment into law of an appropriation for any project or activity provided
for in this title, or (b) enactment of the applicable appropriation
1 See Mutual Security Appropriation Act, 1959, sec. 106, page 69.
2 Sec. 2 of Public Law 85-572, 72 Stat. 454, substituted "$300,000,000" for "$200,000,000".
72
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LEGISLATION ON FOREIGN R AT
Act by both Houses without any provision for such project or activity,
or (c) July 31,1958,3 whichever first occurs.
Snc. 103. Appropriations and funds made available and authority
granted pursuant to this title may be used without regard to the time
limitations set forth in subsection (d) (2) of section 3679, Revised
Statutes,' and expenditures therefrom shall be charged to the ap-
plicable appropriation, fund, or authorization whenever a bill in which
such applicable appropriation, fund, or authorization is contained is
enacted into law.
SEC. 104. No appropriation or fund made available or authority
granted pursuant to this title shall be used to initiate or resume any
project or activity which was not being conducted during the fiscal
year 1958. Appropriations made and authority granted pursuant to
this title shall cover all obligations or expenditures incurred for any
project or activity during the period for which funds or authority for
such project or activity are available under this title.
s Public Law 85-572, 72 Stat. 454, substituted "August 31, 195&" for "July 31, 1958".
* U. S. C. ? 665.
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7. Supplemental Appropriation Act, 1953
Partial Text of Public Law 547, 82d Congress [H. R. 8370], 66 Stat. 637, approved
July 15, 1952
s * * * * *
CHAPTER XIV-GENERAL PROVISIONS
* * * * * * *
SEC. 1415. Foreign credits owed to or owned by the United States
Treasury will not be available for expenditure by agencies of the
United States after June 30, 1953 except as may be provided for
annually in appropriation Acts and provisions for the utilization of
such credits for purposes authorized by law are hereby authorized to
be in
l
d
d i
l
c
u
e
n genera
appropriation Acts.
* * * * *
NoTE.-Executive Order 10488 of September 23, 1953, 18
F. R. 5699, authorizes the Secretary of the Treasury to issue
regulations governing the purchase, custody, transfer or sale
of foreign exchange by agencies of the United States. See
also sec. 626 of the Department of Defense Appropriation Act,
1956, Public Law, 157, 84th Congress, 69 Stat. 301, 319.
8. General Government Matters Appropriation Act, 1957
Partial Text of Public Law 48, 85th Congress, 1st Session [H. R. 57883, 71 Stat.
49, approved June 5, 1957
* * * * *
*
TITLE II-GENERAL PROVISIONS
* * * * * * *
SEC. 200. Pursuant to section 1415 of the Act of July 15, 1952 (66
Stat. 637)1, foreign credits (includin currencies) owed to or owned
by the United States may be used by federal agencies for any purpose
for which appropriations are made for the current fiscal year (in-
cluding the carrying out of Acts requiring or authorizing the use of
such credits) and for liquidation of obligations legalTy incurred
against such credits prior to July 1, 1953, only when reimbursement
therefor is made to the Treasury from applicable appropriations of
the agency concerned : Provided, That such credits received as ex-
change allowances or proceeds of sales of personal property may be
used in whole or part payment for acquisition of similar items, to the
extent and in the manner authorized by law, without reimbursement
' For text, see above.
74
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LEGISLATION ON FOREIGN RELATIONS 75
to the Treasury: Provided further, That nothing in section 1415 of
the Act of July 15, 1952, or in this section shall be construed to pre-
vent the making of new or the carrying out of existing contracts;
agreements, or executive agreements for periods, in excess of one year,.
in any case where such contracts, agreements, or executive agreements
for periods in excess of one year were permitted prior to the enact-
ment of this Act under section 32 (b) (2) of the Surplus Property Act
of 1944, as amended (50 U. S. C. App. 1641 (b). (2) ), and the perform-
ance of all such contracts agreements, or executive aggreements shall
be subject to the availability of appropriations for the purchase of
credits as provided by law.
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9. Supplemental Appropriation Act, 1955
Partial Text of.Public Law 663, 83d Congress [H. R. 9936], 68 Stat. 800, approved
August 26, 1954
CHAPTER XIII-GENERAL PROVISIONS
SEC. 1311. (a) After the date of enactment hereof no amount
shall be recorded as an obligation of the Government of the United
States unless it is supported by documentary evidence of-
(1) a binding agreement in writing between the parties
thereto, including Government agencies, in a manner and form
and for a purpose authorized by Taw, executed before the expira-
tion of the period of availability for obligation of the appropria-
tion or fund concerned for specific goods to be delivered, real
property to be purchased or leased, or work or services to be
performed; or
(2) a valid loan agreement, showing the amount of the loan
to be made and the terms of repayment thereof; or
(3) an order required by law to be placed with a Government
agency ; or
(4) an order issued pursuant to a law authorizing purchases
without advertising when necessitated by public exigency or for
perishable subsistence supplies or within specific monetary
limitations; or
(5) a grant or subsidy payable (i) from appropriations made
for payment of or contributions toward, sums required to be paid
inspecific amounts fixed by law or in accord with formulae pre-
scribed by law, or (ii) pursuant to agreement authorized by, or
plans approved in accord with and authorized by, law; or
(6) a liability which may result from pending litigation
.brought under authority of law ; or
(7) employment or services of persons or expenses of travel
in accord with law, and services performed by public utilities; or
(-8) any other legal liability of the United States against an
appropriation or fund legally available therefor.
(b) Not later than September 30 of each year, the head of each
Federal agency shall report, as to each appropriation or fund under
the control of such agency, the amount thereof remaining obligated
but unexpended- and the amount thereof remaining unobligated on
June 30 of such year and copies of such report shall be forwarded
by him to the chairman of the Committees on Appropriations of the
Senate and the House of Representatives, to the Comptroller General
of the United States, and to the Director of the Bureau of the
Budget: Provided, That such report for the fiscal year ending June
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LEGISLATION ON FOREIGN RELATIONS
30, 1954, shall be made not later than December 31, 1954, and shall
include only such obligations as could have been recorded under the
provisions of subsection (a) hereof.
(c) Each report made pursuant to subsection (b) shall be sup-
ported by certifications of the officials designated by the head of the
agency, and such certifications shall be supported by records evi-
dencing the amounts which are reported therein as having been obli-
gated. Such certifications and records shall be retained in the agency
in such form as to facilitate audit and reconciliation for such period
as may be necessary for such purposes. The officials designated by
the head of the agency to make certifications may not redelegate the
responsibility.
(d) No appropriation or fund which is limited for obligation pur-
poses to a definite period of time shall be available for expenditure
after the expiration of such period except for liquidation of amounts
obligated in accord with subsection (a) hereof; but no such appro-
priation or fund shall remain available for expenditure for any
period beyond that otherwise authorized by law.
(e) Any statement of obligation of funds furnished by any agency
of the Government to the Congress or an committee thereof shall
include only such amounts as may be valid obligations as defined in
subsection (a) hereof.
s * ? * * *
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10. Mutual Defense Assistance Control Act of 1951 (Battle Act)
Text of Mutual Defense Assistance Control Act of 1951, Public Law 213, 82d
Congress UI. R. 4550], 65 Stat. 644, approved October 26, 1951
AN ACT To provide for the control by the United States and cooperating foreign
nations of exports to any nation or combination of nations threatening the
security of the United States, Including the Union of Soviet Socialist Republics
and all countries under its domination, 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 "Mutual Defense Assistance Control Act of 1951." 1
TITLE I-WAR MATERIALS
SEC. 101.2 The Congress of the United States, recognizing that in a
world threatened by aggression the United States can best preserve
and maintain peace by developing maximum national strength and by
utilizing all of its resources in cooperation with other free nations,
hereby declares it to be the policy of the United States to apply an
embargo on the shipments of arms, ammunition, and implements of
war, atomic energy materials, petroleum, transportation materials of
strategic value, and items of primary strategic significance used in the
production of arms, ammunition, and implements of war to any nation
or combination of nations threatening the security of the United States,
including the Union of Soviet Socialist Republics and all countries
under its domination, in order to (1) increase the national strength of
the United States and of the cooperating nations; (2) impede the
ability of nations threatening the security of the United States to
conduct military operations; and (3) to assist the people of the nations
under the domination of foreign aggressors to reestablish their
freedom.
It is further declared to be the policy of the United States that no
military, economic, or financial assistance shall be supplied to any
nation unless it applies an embargo on such shipments to any nation
or combination of nations threatening the security of the United States,
including the Union of Soviet Socialist Republics and all countries
tinder its domination.
This Act shall be administered in such a way as to bring about the
fullest support for any resolution of the General Assembly of the
United Nations, supported by the United States, to prevent the ship-
ment of certain commodities to areas under the control of governments
engaged in hostilities in defiance of the United Nations.
SEC. 102.-9 Responsibility for giving effect to the purposes of this
Act shall be vested in the person occupying the senior position author-
ized by subsection (e) of section 406 of the Mutual Defense Assistance
'22U.S.C.11611note.
222 U. S. C. 1 161.1.
3 22 U. S. C. i 1811a.
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LEGISLATION ON FOREIGN RELATIONS
Act of 1949 as amended, or in any person who may hereafter be
charged wRprincipal responsibility for the administration of the
provisions of the Mutual Defense Assistance Act of 1949. Such person
is hereinafter referred to as the "Administrator."
NoTE.,-Section 2 (b) of Reorganization Plan No. 7 of 1953
(see page 86) transferred to the Director of the Foreign Oper-
ations Administration all functions vested by the Mutual
Defense Assistance Control Act of 1951 in the Administrator
created by that Act. See also Executive Order No. 10575, as
amended section 101 (a), page 98. Subsequently, the func-
tions under the Act were transferred to the Secretary of State
by section 101 of Executive Order No. 10610, page 106. The
Secretary of State then redelegated his authority-see Depart-
ment of State Delegation of Authority No. 85, as amended
(page 111)-to the Director of the International Cooperation
Administration but provided that the Director shall carry out
the functions "under the direction and control of the Secre-
tary of State."
SEC. 103.E (a) The Administrator is hereby authorized and directed
to determine within thirty days after enactment of this Act after full
and complete consideration of the views of the Departments of State,
Defense, and Commerce; the Economic Cooperation Administration;
and any other appropriate agencies, and notwithstanding the provi-
sions of any other law, which items are, for the purpose of this Act,
arms, ammunition, and implements of war, atomic energy materials,
petroleum, transportation materials of strategic value, and those items
of primary strategic significance used in the production of arms, am-
munition, and implements of war which should be embargoed to
effectuate the purposes of this Act : Provided, That such determina-
tions shall be continuously adjusted to current conditions on the basis
of investigation and consultation, and that all nations receiving United
States military, economic, or financial assistance shall be kept informed
of such determinations.
(b) All military, economic, or financial assistance to any nation
shall, upon the recommendation of the Administrator, be terminated
forthwith if such nation after sixty days from the date of a determina-
tion under section 103 (a knowingly permits the shipment to any
nation or combination o nations threatening the security of the
United States, including the Union of Soviet Socialist Republics and
all countries under its domination, of any item which he has deter-
mined under section 103 (a) after a full and complete investigation
to be included in any of the following categories : Arms, ammuni-
tion, and implements of war, atomic energy materials, petroleum,
transportation materials of strategic value, and items of primary stra-
tegic significance used in the production of arms, ammunition, and
implements of war : Provided, That the President. after receiving
the advice of the Administrator and after taking into account the
contribution of such country to the mutual security of the free world,
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80 LEGISLATION ON FOREIGN RELATIONS
the importance of such assistance to the security of the United States,
the strategic importance of imports received from countries of the
Soviet bloc, and the adequacy of such country's controls over the ex-
port to the Soviet bloc of items of strategic importance, may direct the
continuance of such assistance to a country which permits shipments
of items other than arms, ammunition, implements of war, and atomic
energy materials when unusual circumstances indicate that the ces-
sation of aid would clearly be detrimental to the security of the United
States : Provided further, That the President shall immediately re-
port any determination made pursuant to the first proviso of this
section with reasons therefor to the Appropriations and Armed Serv-
ices Committees of the Senate and of the House of Representatives,
the Committee on Foreign Relations of the Senate, and the Committee
on Foreign Affairs of the House of Representatives, and the Presi-
dent shall at least once each quarter review all determinations made
previously and shall report his conclusions to the foregoing commit-
tees of the House and Senate which reports shall contain an analysis
of the trade with the Soviet bloc of countries for which determinations,
have been made.
SEC. 104.5 Whenever military, economic, or financial assistance has
been terminated as provided in this Act, such assistance can be re-
sumed only upon determination by the President that adequate meas-
ures have been taken by the nation concerned to assure full com-
pliance with the provisions of this Act.
SEC. 105.8 For the purpose of this Act the term "assistance" does
not include activities carried on for the purpose of facilitating the
procurement of materials in which the United States is deficient.
TITLE II-OTHER MATERIALS
SEC. 201.' The Congress of the United States further declares it to
be the policy of the United States to regulate the export of commodi-
ties other than those specified in title I of this Act to any nation or
combination of nations threatening the security of the United States,
including the Union of Soviet Socialist Republics and all countries
under its domination, in order to strengthen the United States and
other cooperating nations of the free world and to oppose and offset
by nonmilitary action acts which threaten the security of the United
States and the peace of the world.
SEC. 202.8 The United States shall negotiate with any country re-
ceiving military, economic, or financial assistance arrangements for
the recipient country to undertake a program for controlling exports
of items not subject to embargo under title I of this Act, but which in
the judgment of the Administrator should be controlled to any nation
or combination of nations threatening the security of the United
States, including the Union of Soviet Socialist Republics and all coun-
tries under its domination.
22 U. S. C. 1811e.
? 22 U. S. C. 1611d.
+ 22 U. S. C. 1612.
? 22 U. S. C. 1612a.
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LEGISLATION ON FOREIGN RELATIONS
SEC. 203.9 All military, economic, and financial assistance shall be
terminated when the President determines that the recipient -country
(1) is not effectively cooperating with the United States pursuant
to this title, or (2) is failing to furnish to the United States informa-
tion sufficient for the President to determine that the recipient country
is effectively cooperating with the United States.
TITLE III-GENERAL PROVISIONS
SEC. 301.10 All other nations (those not receiving United States mili-
tary, economic, or financial assistance) shall be invited by the Presi-
dent to cooperate jointly in a group or groups or on an individual
basis in controlling the export of the commodities referred to in title
I and title II of this Act to any nation or combination of nations
threatening the security of the United States, including the Union
of Soviet Socialist Republics and all countries under its domination.
SEC. 302.11 The Administrator with regard to all titles of this Act
shall-
(a) coordinate those activities of the various United States
departments and agencies which are concerned with security con-
trols over exports from other countries;
(b) make a continuing study of the administration of export
control measures undertaken by foreign governments in accord-
ance with the provisions of this Act, and shall report to the Con-
gress from time to time but not less than once every six months
recommending action where appropriate; and
(c) make available technical advice and assistance on export
control procedures to any nation desiring such cooperation.
SEC. 30312 The provisions of subsection (a) of section 403, of sec-
tion 404, and. of subsections (c) and (d) of section 406 of the Mutual
Defense Assistance Act of 1949 (Public Law 329, 81st Congress) as
amended, insofar as they are consistent with this Act, shall be ap-
plicable to this Act. Funds made available for the Mutual Defense
Assistance Act of 1949, as amended, shall be available for carrying
out this Act in such amounts as the President shall direct 13
SEC. 30414 In every recipient country where local currency is made
available for local currency expenses of the United States in connec-
tion with assistance furnished by the United States, the local currency
administrative and operating expenses incurred in the administration
of this Act shall be charged to such local currency funds to the event
available.
Y 22 U. S. C. Q 1612b.
1022 U. S. C. 1618.
1122 U. S. C. 1613a.
19 22 U. S. C. 1613b.
Is Sec. 410 of the Mutual Security Act of 1954, as amended, provides : "Control
Act Expenses. There is hereby authorized to be appropriated to the President for
the fiscal year 1959 not to exceed ,000,000 for carrying out the objectives of the
accordancef Assistae 303 not l AA$g1that Aof 1951 ct, funds2made available ) for In addition, n out
chapter 1 of this Act shall be available for carrying out the purpose of this section in
such h amounts 68)appropr ated $1,000,000aforthis purpose. The Mutual Defense Assistance Act
of 1e949, as amended, was repealed by sec. 542 of the Mutual Security Act of 1954, as
amended (page 56).
14 22 U. S.. C. 4 1613c.
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SEC. 305. Subsection (d) of section 117 of the Foreign Assistance
Act of 1948 (Public Law 472, Eightieth Congress), as amended, and
subsection (a) of section 1302 of the Third Supplemental Appropria-
tion Act, 1951 (Public Law 45, 82d Congress) ,1 are repealed.
Sec. 1302 (a) of the Third Supplemental Appropriation Act, 1951, known as the Kem
Amendment, Public Law 45, 82d Cong., 65 Stat. 52, approved June 2, 1951, provided :
"Duringany period in which the Armed Forces of the United States are actively
engaged in hostilities while carrying out any decision of the Security Council of the
United Nations, no economic or financial assistance shall be provided, out of any
funds appropriated to carry out the purposes of the Economic Cooperation Act of 1948,
as amended, or any other Act to provide economic or financial assistance (other than
military assistance) to foreign countries, to any country which exports or knowingly
permits the exportation of, to the Union of Soviet Socialist Republics or any of its
satellite countries (including Communist China and Communist North Korea) arms,
or armaments or military materiel or articles or commodities which the Secretary of
Defense shall have certified to the Administrator for Economic Cooperation may be
used in the manufacture of arms, armaments or military materiel, or shipment of
which to the Soviet bloc is embargoed by the United States in the Interest of national
security ; and the Secretary of Defense is hereby authorized and directed to so certify
to the Administrator for Economic Cooperation any article or commodity of the nature
or class described : Provided, That after the 15th day following the date of enactment
shalllbe eligible foroeconohmic orr financial assistance under any su h Act unless within
thirty days prior to the date on which such assistance is to be provided such country
shall have certified to the United States that It has not, subsequent to the 15th day
following the date of enactment of this Act, exported, or knowingly permitted the
exportation of, arms, armaments, military material, articles, or commodities which
are subject to the foregoing provisions of this section, to any of the countries referred
to in such provision : Provided further, That such certification shall not relieve the
Administrator for Economic Cooperation or any other officer of the United States
Government of responsibility for enforcing the foregoing provisions of this section :
Provided further, That exceptions to these provisions may be made upon an official
determination of the National Security Council that such exception is in the security
interest of the United States : Provided further, That the National Security Council
shall immediately report any exception made with reasons therefor to the Appropria.
tions and Armed Services Committees of the Senate and of the House of Representa-
tives, the Committee on Foreign Relations of the Senate, and the Committee on For-
eign Affairs of the House of Representatives and the National Security Council shall
at least once each quarter review all exceptions made previously and shall report Its
determination to the foregoing committees of the House and Senate, which reports
shall contain an analysis of the trade with the Soviet bloc of countries for which an
exception 1e made."
Subsec. (b) of sec. 1302 of the Third Supplemental Appropriations Act, 1951, repealed
sec. 1304 of the Supplemental A propriation Act, 1951, Public Law 843, 81st Cong.,
approv"Durfping anyl9period intwhich6the Armed Forces o! the pprStates are actively
engaged In hostilities while carrying out any decision of the Security Council of the
United Nations, no economic or financial assistance shall be provided, out of any funds
appropriated to carry out the purposes of the Economic Cooperation Act of 1948, as
amended, or any other act to provide economic or financial assistance (other than
m111tary assistance) to foreign countries, to any country whose trade with the Union
of Soviet Socialist Republics or any of its satellite countries (including Communist
China and Communist North Korea) is found by the National Security Council to be
contrary to the security interests of the United States."
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11. Section 4 of the Bretton Woods Agreement Act
(22 U. S. C. $86b)
INfTERNATIONAL MONETARY I'JND AND BANK Volt RtCONSTRVCTIOI;
AND REMA$ILITATION
SEC. 286b. NATIONAL ADVISORY COUNCIL ON INTERNATIONAL MONE-
TARY AND FINANCIAL PROBLEMS; COMPOSITION; DUTIES, REPORTS BY
COUNCIL; REPORTS TO COUNCIL
(a) In order to coordinate the policies and operations of the repre-
sentatives of the United States on the Fund and the Bank* and of all
agencies of the Government which make or participate in making
foreign loans or which engage in foreign financial, exchange or mone-
tary transactions, there is established the National Advisory Council
on International Monetary and Financial Problems (hereinafter
referred to as the "Council"), consisting of the Secretary of the
Treasury, as Chairman, the Secretary of State, the Secretary of Com-
merce, the Chairman of the Board of Governors of the Federal Reserve
System, the Chairman of the Board of Directors of the Export-
Import Bank of Washington, and during such period as the Mutual
Security Agency shall continue to exist, the Director for Mutual
Security.
(b) (1) The Council, after consultation with the representatives
of the United States on the Fund and the Bank, shall recommend to
the President general policy directives for the guidance of the repre-
sentatives of the United States on the Fund and the Bank.
(2) The Council shall advise and consult with the President and
the representatives of the United States on the Fund and the Bank
on major problems arising in the administration of the Fund and the
Bank.
(3) The Council shall coordinate, by consultation or otherwise, so
far as is practicable, the policies and operations of the representatives
of the United States on the Fund and the Bank, the Export-Import
Bank of Washington and all other agencies of the Government to the
extent that they make or participate in the making of foreign loans or
engage in foreign financial, exchange or monetary transactions.
(4) Whenever, under the Articles of Agreement of the Fund or the
Articles of Agreement of the Bank, the approval, consent or agreement
of the United States is required before an act may be done by the
respective institutions, the decision as to whether such approval, con-
sent, or agreement, shall be given or refused shall (to the extent such
decision is not prohibited by section 286c of this title) be made by the
Council, under the general direction of the President. No governor,
executive director, or alternate representing the United States shall
vote in favor of any waiver of condition under article V, section 4, or.
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in favor of any declaration of the United States dollar as a scarce
currency under article VII, section 3, of the Articles of Agreement of
the Fund, without prior approval of the Council.
(5) The Council from time to time, but not less frequently than
every six months, shall transmit to the President and to the Congress
a report with respect to the participation of the United States in the
Fund and the Bank.
(6) The Council shall also transmit to the President and to the Con-
gress special reports on the operations and policies of the Fund and
the Bank, as provided in this paragraph. The first report shall be
made not later than two years after the establishment of the Fund and
the Bank, and a report shall be made every two years after the making
of the first report. Each such report shall cover and include : The
extent to which the Fund and the Bank have achieved the purposes
for which they were established; the extent to which the operations
and policies of the Fund and the Bank have adhered to, or departed
from, the general policy directives formulated by the Council, and the
Council's recommendations in connection therewith; the extent
to which the operations and policies of the Fund and the Bank have
been coordinated, and the Council's recommendations in connection
therewith; recommendations on whether the resources of the Fund
and the Bank should be increased or decreased ; recommendations as
to how the Fund and the Bank may be made more effective; recommen-
dations on any other necessary or desirable changes in the Articles of
Agreement of the Fund and of the Bank or in this subchapter; and
an over-all appraisal of the extent to which the operations and policies
of the Fund and the Bank have served, and in the future may be
expected to serve, the interests of the United States and the world
in promoting sound international economic cooperation and furthering
world security.
(7) The Council shall make such reports and recommendations
to the President as he may from time to time request, or as the Council
may consider necessary, to more effectively or efficiently accomplish
the purposes of sections 286 to 286k-1 of this title or the purposes
for which the Council is created.
(c) The representatives of the United States on the Fund and the
Bank, and the Export-Import Bank of Washington (and all other
agencies of the Government to the extent that they make or participate
in the making of foreign loans or engage in foreign financial, ex-
change or monetary transactions) shall keep the Council fully in-
formed of their activities and shall provide the Council with such
further information or data in their possession as the Council may
deem necessary to the appropriate discharge of its responsibilities
under sections 286 to 286k-1 of this title. July 31 1945, c. 339, ? 4,
59 Stat. 512; Apr. 3, 1948, c. 169, Title I ? 106, 62 Stat. 141; Oct. 10,
1951, c. 479, Title V, ? 501 (e) (2), 65 S;tat. 378.
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12. Reorganization Plan No. 7 of 1953
Prepared by the President and transmitted to the Senate and House of Repre-
sentatives in Congress assembled, June 1, 1953, pursuant to the provisions of
the Reorganization Act of 1949, approved June 20, 1949, as amended. Effective
August 1, 1953, under the provisions of section 6 of the act; published pursuant
to section II of the act (63 Stat. 203; 5 U. S. C. Sup. 133z), 18 F. R. 4541
FOREIGN OPERATIONS ADMINISTRATION
SECTION 1., Establishment of Foreign Operations Administration.
(a) There is hereby established al new agency which shall be known as
the Foreign Operations Administration, hereinafter referred to as the
Administration.
NoTE.-Pursuant to sections 503 (b) 521 and 525 of the
Mutual Security Act of 1954, as amended, Executive Order
No. 10610 (p. 106) abolished' the Foreign Operations Admin-
istration effective June 30, 1955 and transferred its functions
and offices to the Department of State and the Department of
Defense. As specified by Executive Order 10610, State De-
partment Delegation of Authority No. 85 (p. 111) established
within the State Department a semi-autonomous agency-the
International Cooperation Administration. The State De-
partment order, under conditions therein specified, delegated to
the Director of the International Cooperation Administration
the functions transferred to the State Department.
(b) There shall be at the head of the Administration a Director of
the Foreign Operations Administration,' hereinafter referred to as the
"Director." The Director shall be appointed by the President by and
with the advice and consent of the Senate and shall receive compensa-
tion at the rate of $22,500 a year. The Secretary of State shall advise
with the President concerning the appointment and tenure of the
Director.
(c) There shall be in the Administration a Deputy Director of the
Foreign O Aerations Administration 2 who shall be appointed by the
President by and with the advice and consent of the Senate, and who
shall receive compensation at the rate of $15,000 8 a year. The Deputy
Director shall perform such functions as the Director shall from time
to time designate, and shall act as Director during the absence or
i The position of Director of the Foreign Operations Administration was abolished
by sec. 303 (a), of Executive Order 10610,pale 108.
2 The position of Deputy Director of he Foreign Operations Administration was
changed to Director of the International Cooperation Administration by sec. 103 (b)
of Executive Order 10610, age 107.
$ The salary of the position of Director of the International Cooperation Adminie-
tration ? was set at $21,000 pursuant to sec. 104 (a) (8) of the Federal Executive Pay
Act, 1956, Public Law 854, 84th Cong., 2d sess.
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disability of the Director or in the event of a vacancy in the office of
Director.
(d) There are hereby established in the Administration six new
offices with such title or titles as the Director shall from time to time
determine. Appointment thereto shall be by the President, by and
with the advice and consent of the Senate. The compensation for
each of two of the said offices shall be at the rate of $16,000 a year, and
the compensation for each of the other four offices shall be at the rate
of $15,000 a year.4 The persons appointed to the said new offices shall
perform such functions as the Director shall from time to time desig-
nate, and are authorized to act as Director, as the Director may des-
ignate, during the absence or disability of the Director and the
Deputy Director or in the event of vacancies in the offices of Director
and Deputy Director.
SEC. 2. Transfer of functions to the Director. There are hereby
transferred to the Director :
(a) All functions vested by the Mutual Security Act of 1951, as
amended, or by any other statute in the Director for Mutual Security
provided for in section 501 of that Act, or in the Mutual Security
Agency created by that Act, or in any official or office of that Agency,
including the functions of the Director for Mutual Security as a
member of the National Security Council.
(b) All functions vested by the Mutual Defense Assistance Control
Act of 1951 in the Administrator created by that Act.
(c) The functions vested by section 6 of the Yugoslav Emergency
Relief Assistance Act of 1950 in the Secretary of State.
SEC. 3. Institute of Inter-American Affairs. The Institute of Inter-
American Affairs, together with its functions, is hereby transferred
to the Administration. . All functions vested by the Institute of Inter-
American Affairs Actin the Secretary of State are hereby transferred
to the Director. Functions with respect to serving as employees of
the said Institute or as members of the board of directors thereof,
including eligibility, as the case may be, to be detailed as such em-
ployees or to serve as such members, are hereby transferred from the
officials and employees of the Department of State to the officials and
employees of the Administration. The Institute shall be adminis-
tered subject to the. direction and control of the Director.
SEC. 4. National Advisory Council. The Director shall be a mem-
ber of the National Advisory Council on International Monetary and
Financial Problems (22 U. S". C. 286b).
SEC. 5. Performance of fwnctions transferred to the Director. The
Director may from time to time make such provisions as he shall deem
appropriate authorizing the performance by another officer or by any
employee or organizational entity, of the Administration, of any
function of the Director, except the function of being a member of the
National Security Council and the function of being a member of the
National Advisory Council on International Monetary and Financial
Problems.
4 The salary rates established for these offices were changed pursuant to sec. 111 of th6
Federal Executive Pay Act, 1956, Public Law 854, 84th Cong., 2d seas. It provides as fol-
lows : "The annual compensation for each of the offices established by section 1 (d), of
Reorganization Plan Numbered 7 of 1953, effective August 1, 1959 (87 Stat. 639), shall
be established by the Secretary of State at a rate not more than $19,000."
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LEGISLATION ON FOREIGN RELATIONS
SEC. 6. Transfer of functions to the President. All functions vested
in the Secretary of State by. the United Nations Palestine Refugee
Aid Act of 1950 are hereby transferred to the President.
SEC. 7. Incidental transfers. (a) Personnel, property, records, and
unexpended balances of appropriations, allocations? and in other funds,
employed, used, held available, or to be made available in connection
with functions transferred or vested by this reorganization plan shall
be transferred, at such time or times as the Director of the Bureau of
the Budget shall direct, as follows :
(1) So much of those relating to functions transferred to or vested
in the Director or the Administration as the Director of the Bureau of
the Budget shall determine shall be transferred to the Administration.
(2) Those of the Institute of Inter-American Affairs shall be trans-
ferred along with the Institute.
(3) So much of those relating to the functions transferred by sec-
tion-6 hereof as the Director of the Bureau of the Budget shall deter-
mine shall be transferred to the agency or agencies of the Government
to which the President delegates the said functions.
(b) Such further measures and dispositions as the Director of the
Bureau of the Budget shall deem to be necessary in order to effectuate
the transfers provided for in subsection (a) of this section shall be
carried out in such manner as he shall direct and by such agencies as
he shall designate.
SEC. 8. Abolitions. (a) There are hereby abolished:
(1) The offices of Director for Mutual Security and Deputy Direc-
tor for Mutual Security, provided for in sections 501 and 504, respec-
tively, of the Mutual Security Act of 1951, as amended (including the
organization in the Executive Office of the President known as the
Office of the :Director for Mutual Security).
2 The Mutual Security. Agency.
(.3) The title of Administrator provided for in the Mutual Defense
Assistance Control Act.
(4) The four positions provided for in section 406 (e) of the Mutual
Defense Assistance Act of 1949, as amended.
(5) The offices of Administrator and Deputy Administrator for
Technical Cooperation, provided for in section 413 (a) of the Act for
International Development, as amended, together with the functions
vested in the Administrator by the said section 413 (a), as amended.
(6) The offices of the Special Representative in Europe and Depu-
ty Special Representative in Europe, provided for in section 504 (a)
of the Mutual Security Act of 1951, as amended. The abolition of the
said offices of Representatives, and Deputy Representative shall be-
come effective on September 1, .1953 (unless a later date is required by
the provisions of section 6 (a) of the Reorganization Act of 1949, as
amended).
(b) The Director shall wind up any outstanding affairs of the afore-
said abolished agencies and offices not otherwise provided for in this
reorganization plan.
SEC. 9. Interim provisions. The President may authorize the per-
sons who, immediately prior to the effective` date of this reorganiza-
tion plan, hold offices or occupy, positions abolished by section 8 hereof
to hold offices and occupy positions under section 1 hereof until the
latter offices and positions are filled pursuant to the provisions of the
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88 LEGISLATION ON FOREIGN RELATIONS
said section 1 or by recess appointment, as the case may be, but in no
event for any period extending more than 60 days after the said effec-
tive date, as follows :
(a) The Director and Deputy Director for Mutual Security as the
Director and Deputy Director of the Foreign Operations Adminis-
tration, respectively.
(b) The Administrator for Technical Cooperation and the person
occupying the senior position provided for in section 406 (e) of the
Mutual Defense Assistance Act of 1949, as amended, to serve in the
two senior positions created by section 1 (d) thereof.
(c) The Deputy Administrator for Technical Cooperation and the
persons occupying the three positions provided for in section 406 (e)
of the Mutual Defense Assistance Act of 1949, as amended, to serve in
the four positions created by section 1 (d) hereof which have compen-
sation at the rate of $15,000 a year.
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13. Reorganization Plan No. 8 of 1953 (Partial Text)
Prepared by the President and transmitted to the Senate and the House of Rep-
resentatives in Congress assembled, June 1, 1953, pursuant to the provisions
of the Reorganization Act of 1949, approved June 20, 1949, as amended. Effec-
tive August 1, 1953, under the provisions of section 6 of the act; published pur-
suant to section 11 of the act (63 Stat. 203; 5 U. S. C. Sup. 133z), 18 F. R. 4542
UNITED STATES INFORMATION AGENCY
SECTION 1. Establishment of agency.-(a) There is hereby estab-
lished- a new agency which shall be known as the United States In-
formation Agency, hereinafter referred to as the "Agency."
SEC. 2. Transfer of f unzctions.-
(b) Exclusive of so much thereof as is an integral part of economic
or. technical assistance programs, without regard to . any. inconsistent
prvisions of Reorganization Plan No. 7 of 1953, and subject to
subsection (c) of this section, functions with respect to. foreign in-
formation programs vested by the Mutual Security Act of 1951, as
amended, in the Director for Mutual Security provided for in section
501 of the said Act are hereby transferred to.the Director.
(c) (1) The Secretary of State shall direct the policy and control
the content of a program, for use abroad, on official nited States
positions, including interpretations of current events, identified as
official positions by an exclusive descriptive label.
(2) The Secretary of State shall continue to provide to, the Director
on a current basis full guidance concerning the foreign policy of the
United States.
(3) Nothing herein shall affect.the functions of the Secretary of
State with respect to conducting negotiations with other governments.
(d) To the extent the President deems it necessary in order to
carry out the functions transferred by the foregoing provisions of this
section, he may authorize the Director to exercise, in relation to the
respective functions so transferred, any authority or part thereof
available by law, including a propriation acts, to the Secretary of
State, the Director for Mutual ecurity, or the. Director of the Foreign
Operations Administration, in respect of the said transferred
functions.
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Text of Public Law 369, 80th Congress [H. R. 41681, 61 Stat. 780, approved August
5, 1947, as amended by Public Law 283, 81st Congress [S. 12501, 63 Stat. 685,
approved September 3, 1949
AN ACT To provide for the reincorporation of The Institute of Inter-American
Affairs and for other purposes.
Be it enacted by the Senate and house of Representatives of the
United States of America in Congress assembled, That there be as of
the date of enactment of this Act, created as an agency of the United
States of America, a body corporate with the:name of "The Institute of
Inter-American Affairs" (in this Act called the "Institute").'
NoTE.-Section 3 of Reorganization Plan No. 7 of 1953 (see
page 86) transferred the Institute of Inter-American Affairs
together with its functions to the Foreign Operations Admin-
istration and directed that its administration should be subject
to the direction of the Director of the Foreign Operations
Administration. Pursuant to Executive Order 10610 (see
page 106), the Foreign Operations Administration was abol-
ished and, in accordance with section 102 (b) of the-Order,
the Institute, together with its functions, was transferred to
the Department of State. Thereupon, the Department of
State, in section 1 of Delegation of Authority No. 85 (page
111) directed that the Institute "shall be a part of or attached
to the International Cooperation Administration."
SEC. 2.2 The purposes of this corporation are to further the general
welfare of, and to strengthen friendship and understanding among,
the peoples of the American Republics through collaboration with
other governments and governmental agencies of the American Re-
publics in planning, initiating, assisting, financing, administering and
executing technical programs and projects, especially in the fields of
public health, sanitation, agriculture, and education.
SEC. 3. The Institute, as a corporation-
122U.s.C.1281.
122 U. S. C. 281a.
22 U. 8. C. 1281b.
O
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(a) Shall have succession for a period of three years unless sooner
dissolved by an Act of Congress.
NoTE.4-Section 544 (a) of the Mutual Security Act of 1954,
as amended, provides :
" * * * The Institute of Inter-American Affairs, created
pursuant to Public Law 369, Eightieth Congress (22 U. S. C.
281), shall have succession until June 30, 1960, and may make
contracts for periods not to exceed five years : Provided, That
any contract extending beyond June 30, 1960, shall be made
subject to termination by the said Institute upon notice. * * *"
(b) May adopt, alter, and use a corporate seal, which shall be
judicially noticed.
(c) May make and perform contracts with any individual, corpora-
tion, or other body of persons however designated, whether within
or without the United States of America, and with any government or
governmental agency, domestic or -foreign.
(d) Shall determine and prescribe the manner in which its obliga-
tions shall be incurred and its expenses allowed and paid.
(e) May, as necessary for the transaction of the business of the
Institute employ officers, employees, agents, and attorneys in accord-
ance withi .the provisions of the civil service and classification laws
except that the Institute may, without regard to the civil service and
classification laws, employ, and fix the compensation of officers, em-
ployees, agents, and attorneys of the Institute employed for service
outside the continental limits of the United States : Provided, That
the salary of any person thus employed shall not exceed the maximum
salary established by the classification laws, and that the Institute
may require bonds of any employee and pay the premiums of such
bonds : Provided further, That no person who is a citizen of the
United States not presently employed by the Institute of Inter-Ameri-
can Affairs or the Inter-American Educational Foundation, Inc., shall
be employed under authority of this paragraph (e) until such person
has been investigated by the Civil Service Commissions: Provided
further, That, no person not a citizen of the United States shall be
employed under authority of this paragraph (e) for service in any
American Republic of which such person is not a citizen except with
the specific approval of the Government of the American Republic
concerned.
(f) May acquire by purchase, devise, bequest, or gift, or otherwise,
lease, hold, and improve such real and personal property as it finds
to be necessary to its purposes, whether within or without the United
States, and in any manner dispose of all such real and personal
property held by it and use as general funds all receipts arising from
the disposition of such property.
(g) Shall be entitled to the use of the United States mails in the
same manner and on the same conditions as the executive departments
of the Government.
Act
o
Securit
4 Sec. 544 Mutual
Publ Cong. (63 Stat. 685)l, we hich had extend d t efInst tute until June 30, 19551c Law 283, 81st
5Public Law 298, 82d Cong. (66 Stat. 44), substituted the Civil Service Commission for
the Federal Bureau of Investigation as the primary investigating agency but retained
certain investigating provisions for the Federal Bureau of Investigation.
33641-59-7
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(h) May, with the consent of any board, corporation, commission,
independent establishment, or executive department of the Govern-
ment, including any field service thereof, avail itself of the use of
information, services, facilities, officers, and employees thereof in
car ing out the provisions of this Act.
() May accept money, funds, property, and services of every kind
by gift, devise or bequest, or grant, or otherwise and make advances
and grants to any individual, corporation, or other body of persons,
whether within or without the United States of America, or to any
government or governmental agency, domestic or foreign, when
deemed advisable by the Institute in furtherance of its purposes.
(j) May sue and be sued, complain, and defend, in its corporate
name in any court of competent jurisdiction.
(k) Shall have such other powers as may be necessary and- incident
to carrying out its powers and duties under this Act.
SEC. 4.6 Upon termination of the corporate life of the Institute all
of its functions shall be liquidated and, thereafter, unless otherwise
provided by Congress, the assets shall be transferred to the United
States Treasury as the property of the United States.
SEC. 5.7 (a) The management of the Institute shall be vested in a
board of directors (hereinafter referred to as the "Board") of not
less than five in number, each of whom shall be appointed by the Sec-
retary of State from among the officials and employees of the Depart-
ment of State and, in the discretion of the Secretary of State and with
the consent of the Chiefs of other departments or agencies respectively
concerned from among the officials and employees of other United
States Government departments and agencies : Provided, That no per-
son shall be appointed as a director under authority of this paragraph
(a) until such person has been investigated by the Federal Bureau of
Investigation.
(b) The Secretary of State shall designate one director as Chairman
of the Board.
(c) The directors shall hold office at the pleasure of the Secretary of
State.
(d) The directors shall receive no additional compensation for their
services as directors but may be allowed actual necessary traveling and
subsistence expenses incurred by them in the performance of their
duties as directors.
(e) The Board shall direct the exercise of all the powers of the
Institute.
(f) The Board may prescribe, amend, and repeal by-laws, rules, and
regulations governing the manner in which the business of the Insti-
tutemay be conducted and in which the powers granted to it by law
may be exercised and enjoyed : Provided, That a majority of the Board
shall be required as a quorum.
(g) In furtherance and not in limitation of the powers conferred
upon it, the Board may appoint such committees for the carrying out
of the work of the Institute as the Board finds to be for the best inter-
ests of the Institute, each committee to consist of two or more of the
directors, which committees, together with officers and agents duly
authorized by the Board and to the extent provided by the Board,
22 U. S. C. g 281c.
* 22 U. S. C. ? 281d.
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shall have and may exercise the powers of the Board in the manage-
ment of the business and affairs of the Institute.
NOTE.--Pursuant to section 3 of Reorganization Plan No. 7
(see page 86), section 101 of Executive Order No. 10610 (see
page 106), and Department of State Delegation of Author-
ity No. 85, as amended (see page 111), functions vested in
the Secretary of State by the Institute of Inter American
Affairs Act and functions with respect to serving as members
of the Institute's Board of Directors or as employees of the
Institute are transferred, respectively, to the Director of the
International Cooperation Administration and to the officials
and employees of the International Cooperation Adminis-
tration.
SEC. 6.8 The Institute shall be a nonprofit corporation and shall have
no capital stock. No part of its revenue, earnings, or other income
or property shall inure to the benefit of its directors, officers, and em-
ployees and such revenue, earnings, or other income or property shall
be used for the carrying out of the corporate purposes herein set forth.
No director, officer, or employee of the corporation shall in any man-
ner directly or indirectly participate in the deliberation upon or the
determination of any question affecting his personal interests or the
interests of any corporation, partnership, or organization in which he
is directly or indirectly interested.
SEC. 7.8 When approved by the Institute, in furtherance of its pur-
poses, the officers and employees of the Institute may accept and hold
offices or positions to which no compensation is attached with govern-
ments or governmental agencies of the other American Republics.
SEC. 8. 10 The Secretary of State shall have authority to detail em-
ployees of the Department of State to the Institute under such circum-
stances and upon such conditions as he may determine : Provided, That
any such employee so detailed shall not lose any privileges rights, or
seniority as an employee of the Government by virtue of such detail.
SEC. 9.11 The principal office. of the Institute shall be located in the
District of Columbia, but there may be established agencies, branch
offices, or other offices in any place or places within the United States
or the other American Republics in any of which locations the Insti-
tute may carry on all or any of its operations and business under by-
laws or rules and regulations.
SEC. 10.12 The Institute, including its franchise and income, shall be
exempt from taxation now or hereafter imposed by the United States,'
or any Territory, dependency,.or possession thereof, or by any State,
county, municipality, or local taxing authority.
SEC. 11.13 The right to alter, amend, or repeal this Act is hereby.
expressly reserved. If any clause, sentence, paragraph, or part of
this Act shall for any reason be adjudged by any court of competent
8 22 U. S. C. ? 281e.
0 22 U. S. C. 2811.
10 22 U. S. C. 281g.
ss 22 U. S. C. 281h.
22 U. S. C. 2811.
' 22 U. S. C. 1281).
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94 LEGISLATION ON FOREIGN RELATIONS
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder of this Act, but shall be confined in its opera-
tions to the clause, sentence, paragraph, or part thereof directly in-
volved in the controversy in which such judgment shall have been
rendered.
SEC. 12.14 The Institute of Inter-American Affairs and the Inter-
American Educational Foundation, Inc., two Government corpora-
tions caused to be created under the laws of the State of Delaware on
March 31, 1942, and September 25 1943, respectively, by the Coordina-
tor of Inter-American Affairs, shall, within ten days following the
enactment of this Act, transfer to the corporation created by this Act
all necessary personnel, the assets, funds, and property-real per-
sonal, and mixed-and all debts, liabilities, obligations, and duties,
and all rights, privileges, and powers subject to all restrictions, dis-
abilities and duties of the two said corporations, and the corporation
created by this Act, shall accept full title to and ownership of all the
assets, funds, and property-real, personal, and mixed-and all debts,
liabilities, obligations, and duties, and all rights, privileges, and powers
subject to the said restrictions, disabilities, and duties of the two said
corporations and all such debts, liabilities, obligations, and duties of
the two said corporations shall henceforth attach to the corporation
created by this Act and may be enforced against it to the same extent
as if said debts liabilities, obligations, and duties had been incurred or
contracted by the corporation created by this Act : Provided, That all
citizens of the United States presently employed by the Institute of
Inter-American Affairs or the Inter-American Educational Founda-
tion, Inc., and transferred under authority of this section 12 to the
corporation created by this Act shall be investigated by the Federal
Bureau of Investigation within six months following the date of en-
actment of this Act : Provided further, That no person not a citizen
of the United States presently employed by the Institute of Inter-
American Affairs or the Inter-American Educational Foundation,
Inc., for service in an American Republic of which such person is not
a citizen, and transferred under authority of this section 12, shall be
retained in such service for a period exceeding three months from the
date of enactment of this Act except with the specific approval of the
government of the American Republic concerned.
SEC. 13. The Institute shall be subject to the provisions of the Gov-
ernment Corporation Control Act Public Law 248, Seventy-ninth
Congress) 15
NoTE.-Section 544 (a) of the Mutual Security Act of 1954,
as amended, provides that the Institute shall, on and after
July 1, 1954, be subject to the applicable provisions of the
Budget and Accounting Act, 1921, as amended (31 U. S. C. 1),
in lieu of the provisions of the Government Corporation Con-
trol Act, as amended (31 U. S. C. 841).
3+ 22 U. S. C. ? 281k.
ss 31 U. S. C. ? 841 et seq.
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95
SEC. 14.16 There are authorized to be appropriated, at a rate not to
exceed $5,000,000 annually, out of any money in the Treasury not
otherwise appropriated, such sums as may be necessary to carry out
this Act.
This Act may be cited as the "Institute of Inter-American Affairs
Act."
16 22 U. S. C. 1281 note.
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15. Defense Base Act, as amended
Section 502 (a) of the Mutual Security Act of 1958, Public Law
85-477 [H. R. 12181], 72 Stat. 261, approved June 30, 1958, amended
the Defense Base Act, as amended (42 U. S. C. ? 1651), by adding
the following new subparagraph to subsection (a) :
" 1651. COMPENSATION AUTHORIZED--(a) PLACES OF Ebrri omIFNT.
"(5) under a contract approved and financed by the United
States or any executive department, independent establishment,
or agency thereof (including any corporate instrumentality of the
United States), or any subcontract or subordinate contract with
respect to such contract, where such contract is to be performed
outside the continental United States, under the Mutual Security
Act of 1954, as amended (other than title II of chapter II thereof),
and not otherwise within the coverage of this section, and every
such contract shall contain provisions requiring that the con-
tractor (and subcontractor or subordinate contractor with respect
to such contract) (A) shall, before commencing performance of .
such contract, provide for securing to or on behalf of employees
engaged in work under such contract the payment of compensation
and other benefits under the provisions of this Act, and (B) shall
maintain in full force and effect during the term of such contract,
subcontract, or subordinate contract,. or while employees are
engaged in work performed thereunder, the said security for the
payment of such compensation and benefits, but nothing in this
paragraph shall be construed to apply to any employee of such
contractor or subcontractor who is engaged exclusively in furnish-
ing materials or supplies under his contract;"
Section 502 (a) (2) of the MSAct of 1958 amended subsection (e)
of the above section by striking out "(3) or (4)" in the last sentence
and substituting therefor "(3), (4), or (5)".
Section 502 (a) (3) of the MSAct of 1958 amended subsection (f)
of the above section by inserting "or in any work under subparagraph
(5) subsection (a) of this section" between "this section" and "shall
not apply".
NOTE: The Defense Base Act, as amended, was further
amended by Title II of Public Law 85-608 [H. R. 12140], 72
Stat. 537, approved August 8, 1958.
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16. War Hazards Compensation Act, as amended
Section 502 (g) of the Mutual Security Act of 1958, Public Law
85-477 [H. R. 12181], 72 Stat. 261, approved June 30, 1958, amended
section 101 a) of the War Hazards Compensation Act, as amended
(42 U. S. C. ? 1701), by inserting the following new subparagraph (4) :
"SEC. 101. (a) In case of injury or death resulting from injury-
"3) *** or
"(4) to any person who is an employee specified in section 1 (a)
(5) of the Defense Base Act, as amended, if no compensation is
payable with respect to such injury or death under such Act, or to
any person engaged under a contract for his personal services
outside the United States approved and financed by the United
States under the Mutual Security Act of 1954, as amended (other
than title II of chapter II thereof) : Provided, That in cases where
the United States is not a formal party to contracts approved and
financed under the Mutual Security Act of 1954, as amended, the
Secretary, upon the recommendation of the head of any depart-
ment or agency of the United States, may, in the exercise of his
discretion waive the application of the provisions of this subpara-
graph with respect to any such contracts, subcontracts, or subordi-
nate contracts, work location under such contracts, subcontracts,
or subordinate contracts, or classification of employees."
NOTE: -The War Hazards Compensation Act, as amended,
was further amended by Title I of Public Law 85-608 [H. R.
12140], 72 Stat. 536, approved August 8,1958.
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17. Executive Order No. 10575, as amended
Text of Executive Order No. 10575, November 6, 1954, 19 F. R. 7249, as amended
by Executive Order No. 10625, August 2, 1955, 20 F. R. 5571, and Executive
Order No. 10742, November 29, 1957, 22 F. R. 9689
ADMINISTRATION OF FOREIGN AID FUNCTIONS
By virtue of the authority vested in me by the Mutual Security
Act of 1954 (68 Stat. 832), by section 301 of title 3 of the United
States Code, and as President of the United States and Commander
in Chief of the armed forces of the United States, it is hereby ordered
as follows :
PART I. ASSIGNMENT OF FUNCTIONS AND FUNDS
SEC. 101. Foreign Operations Administration. (a) Exclusive of
the functions otherwise delegated, or excluded from delegation, by
this order, and subject to the provisions of this order, there are hereby
delegated to the Director of the Foreign Operations Administration
all functions conferred upon the President by the Mutual Security
Act of 1954 (hereinafter referred to as the Act) and by the Mutual
Defense Assistance Control Act of 1951 (65 Stat. 644; 22 U. S. C.
1611-1613c).
NoTE.-Pursuant to sections 503 (b) 521 and 525 of the
Mutual Security Act of 1954, as amended, Executive Order
No. 10610 (page 106) abolished the Foreign Operations Ad-
ministration effective June 30, 1955, and transferred its
functions and offices to the Department of State and the De-
partment of Defense. As specified by Executive Order 10610,
State Department Delegation of Authority No. 85 (page 111)
established within the State Department a semi-autonomous
agency-the International Cooperation Administration. The
State Department order, under conditions therein specified,
delegated to the Director of the International Cooperation
Administration the functions transferred to the State
Department.
(b) Subject to sections 103 and 107 (b)
f thi
o
s order, the Director
of the Foreign Operations Administration shall administer sections
402 and 5051 of the Act. In determinin
g upon the furnishing of
assistance on terms of repayment pursuant to 1 the Act, and upon
the amounts and terms of such assistance, the Director of the For-
eign. Operations Administration shall consult with the National
"se tions 402, 505Executive
and 201 of the Act" a10742 deleted nd substituted the wordsre sectionsc402 and words
5
of the Act" ; deleted from the second sentence the words "sections 201 (a) and 505 of" ;
and deleted from the third sentence the words "the-said section 505" and substituted the
words "section 505 of the Act."
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Advisory Council on International Monetary and Financial Prob-
lems in respect of policies relating to such assistance and terms.
Whenever assistance on terms of repayment, under section 505
of the Act," involves funds available under chapter 1 of Title I of
the Act2 the said Director shall consult with the Secretary of De-
fense with respect to the amounts and terms of such assistance. The
Director of the Foreign Operations Administration shall also con-
sult the said. Council with respect to policies concerning the utiliza-
tion of funds in the Special Account provided for in section 142 (b) 2
of the Act and concerning such other matters as are within the cog-
nizance of the Council pursuant to section 4 of the Bretton Woods
Agreements Act.'
(c) Pursuant to section 527 (c) (2) of the Act, it is directed that
the authority made available to the Director of the United States
Information Agency with respect to his functions by section 2 of
Executive Order No. 10477 of August 1, 1953 4 (18 F. R. 4540), and by
Executive Order No. 10522 of March 26, 19545 (19 F. R. 1689), sub-
ject to the provisions of law applicable in connection with such au-
thority, may be utilized by the Director of the Foreign Operations
Administration with respect to his functions.
(d) It is hereby directed that the Office of Small Business provided
for in section 504 (b) of the Act shall be in the Foreign Operations
Administration.
SEc. 102. Department of Defense. (a) Subject to the provisions of
this order, there are hereby delegated to the Secretary of Defense :
(1) The functions conferred u on the President by chapter 1
of Title I. of the Act, exclusive of (1) those so conferred by section
105 (b) (3) of the Act, (ii) so much of those so conferred by sec-
tion 106 (b) of the Act as consists of determining that a nation or
international organization may make available the fair value of
equipment, materials, or services, sold thereto or rendered there-
for, at a time or at times other than in advance of delivery of
the equipment, materials, or services, and (iii) the functions
reserved to the President by section 107 of this order.
(2) The functions conferred upon the President by sections
142 (a) (7) and 511 (c) of this Act.
(3) So much of 'the functions conferred upon the President by
sections 142 (a) (10),8 511 (b), 527 (a), 528 and 529 (a) of the
Act as relates to other functions under the Act administered by
the Department of Defense.
(4) The functions conferred upon the President by section 124
of the Act, as amended. The determination of the value of the
program for any country under that section shall be made by the
Secretary of State.'
(5) The function conferred upon the President by the penulti-
mate proviso of section 108 of the Mutual Security Appropria-
tion Act, 1956.8
IlSe of Executive Order No. 10625 substituted "142 (b)" in lieu of the former
142 (11)".
8 See text, page 83.
4 See text, page 133.
5 See text, page 186.
6 The following changes were made by see. 1 (e) of Executive Order No. 10625: "142
(a) (7)" was substituted for 142 (7)" in sec. 102 (a) (2) and "142 (a) (10)" was sub-
stituted for "142 (10)" In sec. 102 (a) (8).
'This subsection was added by sec. 1 (a) of Executive Order No. 10625.
9 This subsection was added by sec. 1 (a) of Executive Order No. 10625.
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(b) The Secretary of Defense is hereby designated to make, with
respect to equipment or materials procured for military assistance, the
determinations provided for in section 107 of the Mutual Security Ap-
propriation Act, 1955 (68 Stat. 1224).
(c) The Secretary of Defense (1) shall exercise the responsibility
and authority vested in him by the Act and the responsibility and
authority delegated to him by this order subject to coordination by
the Director of the Foreign Operations Administration, and (2) shall
keep the Director of the Foreign Operations Administration fully
and currently informed of all matters, including prospective action,
relating to the utilization of funds under the Act, the establishment of
priorities under section 524 (b) of the Act, and the furnishing of
military items under chapter 1 of Title I of the Act.
SFC. 103. Department of State. (a) There are hereby delegated to
the Secretary of State:
(1) The functions conferred upon the President by the laws
referred to in section 101 (a) of this order with respect to nego-
tiating and entering into international agreements.
(2) The functions conferred upon the President by sections
105 (b) (3), 202, 204,- 405 (a), 413 (b) (2) and (3), and 529 (b)
and (c) of the Act.
(3) The functions conferred upon the President by section 504
(a) (2) of the Act so far as they may relate to countries in which
the Foreign Operations Administration does not have missions
or employees.
(4) So much of the functions conferred upon the President by
section 535 (a) of the Act as consists of requesting the cooperation
of the United Nations, its organs, and specialized agencies or
other international organizations in carrying out the purposes of
the Act.
(b) The functions conferred upon the President by section 414 of
the Act are hereby delegated to the Secretary of State. In connection
with the carrying out of the said functions the Secretary of State shall
consult with appropriate agencies of the Government. The desig-
nation by the Secretary of State of articles which shall be considered
as arms, ammunition, and implements of war, including technical
data relating thereto, under the said section 414 shall require the con-
currence of the Secretary of Defense.
(c) The Secretary of State shall be responsible (1) for making the
United States contributions under the Act to, and formulating and
presenting with the assistance of the Director of the Foreign Opera-
tions Administration the policy of the United States with respect to
the assistance programs of, the international organizations referred
to in sections 132 (c), 306, 405 (a) and (c), 406, and 407 of the Act,
and (2) for making the United States contribution under section 408
of the Act to the North Atlantic Treaty Organization for the United
States share of the expenses of the Organization.
(d) All functions under the Act and the other statutes referred to
in sections 101 (a), 102 (b), and 105 (a) of this order, 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.
Reference to sees. "202, 204" was added by sec. 1 (b) of ExecutiveOrder No. 10742.
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LEGISLATION ON FOREIGN RELATIONS i0p
(e) The maintenance of special missions or. staffs abroad, the fixing
of the ranks of the chiefs thereof after the chiefs of the United States
diplomatic missions, and the authorization of the same compensation
and allowances as the chief of mission, Class 3 or Class 4, within the
meaning of the Foreign Service Act of 1946 (22 U. S. C. 801 et seq.);
all under section 526 of the Act, shall require the approval of the
Secretary of State.
SEC. 104. Department of Commerce. (a) There is hereby delegated
to the Secretary of Commerce so much of the functions conferred upon
the President by section 413 (b) (1) of the Act as consists of drawing
the attention of private enterprise to opportunities for investment and
development in other free nations.
(b) The Secretary of Commerce is hereby designated as the officer
through whom shall be carried out the functions provided for in sec-
tion 416 of the Act.
SEC. 105. United States Information Agency. (a) The functions
conferred upon the President by section 1011 of the United States
Information and Educational Exchange Act of 1948 (62 Stat. 6), as
amended, are hereby delegated to the Director of the United States
Information Agency and shall be carried out in consultation with the
Director of the Foreign Operations Administration.
(b) The United States Information Agency shall perform the func-
tions provided for by law with respect to publicizing abroad the activi-
ties carried out under the Act.
SEC. 106. Allocation of funds. (a) Funds heretofore or hereafter
appropriated or otherwise made available to the President shall be
deemed to be allocated without any further action of the President, as
follows:
(1) There are allocated to the Secretary of Defense funds for
carrying out chapter 1 of Title I of the Act? as amended, and,
without regard to section 106 (a) (2) of this order, funds for
carrying out section 124 of the Act, as amended, but, for the
purpposes of the second sentence of section 108 of the Mutual Se-
curityAppropr,'iation Act, 1956, such funds shall be available only
when and in such amounts as they have been apportioned, for
use, by the Bureau of the Budget: ?
(2) All funds for carrying out the Act except those for carrying
out chapter 1 of Title I of the Act are allocated to the Director
of the Foreign Operations Administration.
(b) The said funds may be allocated by the Secretary of Defense
and the Director of the Foreign Operations Administration, respec-
tively, to any agency, department, establishment, or wholly owned
corporation of the Government for obligation or expenditure thereby
consistent with applicable law, subject, however to the provisions of
section 107 (a) (2) hereof. The utilization of funds without regard
to the existing laws governing the obligation and expenditure of Gov-
ernment funds as authorized by section 411 (c) 11 of the Act, . as
10 Sec. 106 (a.) and subset. 106 (a) (1) were revised by sec. 1 (b) of Executive Order No.
10625. They formerly read as follows : "Funds appropriated or otherwise made available
to the President shall be deemed to be allocated without any further action of the President
as follows: (1) Funds for carrying out chapter 1of Title I of the Act, are allocated to the
Secretary of Defense, but, for the purposes of the second sentence of section 110 of the
Mutual Security Appropriation Act, 1955 (68 Stat. 1224), such funds shall he available
Only when and in such amounts as they have been apportioned for use, by the Bureau of
the Budget."
11 Sec. 1 (e) of Executive Order No. 10625 substituted "411 (c)" for the former "411
(b)." The provision referred to is now designated see. 411 (d).
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102 LEGISLATION ON FOREIGN RELATIONS
amended, shall be limited as far as practicable and shall in any event
be confined to instances in which such utilization is deemed (1) to
further the more economical, efficient, or expeditious carrying out of
functions under the Act, and (2) to obviate or mitigate hardship
occurring with respect to personnel administering functions under
the Act in connection with the administration of these functions or
with respect to the. families of personnel by reason of the duties of the
respective heads of families under the Act.
(c) The Director of the Foreign Operations Administration shall
allocate funds to the Department of State for the contributions re-
ferred to in section 103 (c) of this order.
SEC. 107. Reservation of functions to the President. (a) There are
hereby excluded from the functions delegated by the foregoing provi-
sions of this order :
(1) The functions conferred upon the President by the Act with
respect to the appointment of officers required to be appointed by
and with the advice and consent of the Senate, the transmittal
of periodic or special reports to the Congress, and the termination
or withdrawal of assistance.
(2) The functions conferred upon the President with respect to
findings, determinations, certifications, agreements, directives, or
transfers of funds, as the case may be, by sections 104 (b), 105,
132 (a) 141, 401, 403, 404, 410, 501, 503, 521, and 522 (b) of the
Act, and by sections 103 (b), 104, 203, and 301 of the Mutual De-
fense Assistance Control Act of 1951.
(3) The functions conferred upon the President by sections 101,
107 a) (2), 415, 525, 533, and 545 (d) of the Act and, subject to
Part I hereof, the functions so conferred by section 523 (b) of
the Act.
(4) The functions conferred upon the President by section 121
of the Act, including all of the functions so conferred with respect
to waiving specific provisions of section 142 of the Act, but other-
wise excluding so much of the functions conferred upon the Presi-
dent by the said section 121 as may relate to assistance for the
support of forces and other expenditures within Indo-China and
either is financed from the unexpanded balances of appropriations
made pursuant to sections 304 and 540 of the Mutual Security Act
of 1951, as amended, or is within an obligational limitation of
$150,000,000 additional to the said unexpended balances.
(5) So much of the functions conferred upon the President by
section 409 (d) of the Act as may relate to fpunds allocated to the
Department of Defense by this order.
(6) The functions conferred upon the President by the second
sentence of section 124 of the Act, as amended 12
(b) The sum of $300 000,000 provided for in section 402 of the Act,
as amended, shall be divided between the Department of State and
the Department of Defense as those departments shall mutually
agree.' 3
n This subsection was added by sec. 1 (c of Executive Order No. 10625.
"This section was revised by see. 1 (d) of Executive Order No. 10625. It formerly read :
"The President shall hereafter determine the portions of the sum of $350,000,000 provided
for In section 402 of the Act and the portions of the sum of $200,000,000 provided for in
section 505 (b) of the Act which shall be applicable to funds allocated pursuant to the Act
to the Foreign Operations Administration and the Department of Defense, respectively."
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LEGISLATION ON FOREIGN RELATIONS 103
SEC. 10814 Development Loan Committee. There is hereby estab-
lished in accordance with section 205 (b) of the Act, the Develop-
ment Loan (Committee, consisting of the Deputy Under Secretary of
State for Economic Affairs, who shall be chairman, the Director of
the International Cooperation Administration, and the Chairman of
the Board of Directors of the Export-Import Bank.
PART It. PROCEDURES FOR COORDINATION ABROAD
SEC. 201. Functions of the Chief of the United States Diplomatic
Mission. (a) The Chief of the United States Diplomatic Mission
in each country, as the representative of the President, shall serve as
the channel of authority on foreign policy and shall provide foreign
policy direction to all representatives of United States agencies in such
country.
(b) The Chief of the United States Diplomatic Mission in each
country, as the representative of the President and acting on his behalf,
shall coordinate the activities of the representatives of United States
agencies (including the chiefs of economic and technical assistance
missions, military assistance advisory groupps, foreign information
staffs, and other representatives of agencies of the United States Gov-
ernment) in such country engaged in carrying out programs under
the Act, programs under the Mutual Defense Assistance Control Act
of 1951, and the programs transferred by section 2 of the Reorganiza-
tion Plan No. 8 of 1953 (67 Stat. 642) ;Y5 and he shall assume respon-
sibility for assuring the unified development and execution of the said
programs in such country. More particularly, the functions of each
Chief of United States Diplomatic Mission shall include, with respect
to the programs and the country concerned, the functions of :
(1) Exercising general direction and leadership of the entire
effort.
(2) Assuring that recommendations and prospective plans and
actions of representatives of United States agencies are effectively
coordinated and are consistent with, and in furtherance of, the
established policy of the United States.
(3) Assuring that the interpretation and application of in-
structions received by representatives of United States agencies
from higher authority are in accord with the established policy
of the United States.
(4) Guiding the representatives of the United States agencies
in working out measures to prevent duplication in their efforts
and to promote the most effective and efficient use of all United
States officers and employees engaged in work on the said
programs.
(5) Keeping the representatives of United States agencies fully
informed as to current and prospective United States policies.
(6) Prescribing procedures governing the coordination of the
activities of representatives of United States agencies, and assur-
ing.that such representatives shall have access to all available
34 This section was added by see. 1 (c) of Executive Order No. 10742.
u Sec. 5 of Executive Order No. 10601, March 24, 1955 [20 F. R. 1761] states that the
provisions of Part II of Executive Order 10576 are extended and made applicable to the
carrying on abroad of functions under Title I of the Agricultural Act of 1954, Public Law
690, 68 Stat. 897, 7 U. S. C. 1741-1747.
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104 LEGISLATION ON FOREIGN RELATIONS
information essential to the accomplishment of their prescribed
duties..
(7) Preparing and submitting such reports on the operation
and status of the programs referred to in the introductory portion
of this subsection as may be requested of the Secretary of State
by the Secretary of Defense, the Director of the Foreign Opera-
tions Administration, or the Director of the United States Infor-
mation Agency, with respect to their respective responsibilities.
(8) Recommending the withdrawal of United States person-
nel from the country whenever in his opinion the interests of the
United States warrant such action.
(c) Each Chief of United States Diplomatic Mission shall per-
form his functions under this part in accordance with instructions
from higher authority and subject to established policies and pro-
grams of the United States. Only the President and the Secretary
of State shall communicate instructions directly to the Chief of the
United States Diplomatic Mission.
(d) No Chief of United States Diplomatic Mission shall delegate
any function conferred upon him by the provisions of this part which
directly involves the exercise of direction, coordination, or authority.
SEC. 202. Referral of unresolved matters. The Chief of the United
States Diplomatic Mission in each country shall initiate steps to recon-
cile any divergent views arising between representatives of United
States agencies in the country concerned with respect to programs
referred to in the introductory portion of section 201 (b) of this order.
If agreement cannot be reached the Chief of the United States Diplo-
matr.c Mission shall recommend a course of action, and such course of
action shall be followed unless a representative of a United States
agency requests that the issue be referred to the Secretary of State
and the United States agencies concerned for decision. If such & re-
quest is made, the parties concerned shall promptly refer the issue for
resolution prior to taking action at the country level
SEC. 203. Further coordination procedures and relationships. (a)
All representatives of United States agencies in each country shall be
subject to the responsibilities imposed upon the Chief of the United
States Diplomatic Mission in such country by section 523 (b) of the
Act and by this part.
(b) Subject to compliance with the provisions of this part and with
the prescribed procedures of their respective agencies, all representa-
tives of United States agencies affected by this part (1) shall have
direct communication with their respective agencies and with such
other parties and in such manner as may be authorized by their re-
spective agencies, (2) shall keep the respective Chiefs of United States
Diplomatic Missions and each other fully and currently informed on
all matters, including prospective plans, recommendations, and ac-
tions, relating to the programs referred to in the introductory portion
of section 201 (b) of this order, and (3) shall furnish to the respective
Chiefs of United States Diplomatic Missions, upon their request,
documents and information concerning the said programs.
SEC. 301. Definition. As used in this order, the word "functions"
embraces duties, powers, responsibilities, authority, and discretion.
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LEGISLATION ON FOREIGN RELATIO 8 105
SEC. 302. Prior orders. (a) This order supersedes Executive Order
No. 10476 of August 1, 1953 (18 F. R. 4537).
(b) The reference in section 3 (c) of Executive Order No. 10560
of September D, 1954 (19 F. R. 5927), to Part III of Executive Order
No. 10476 shall after the date of this order be deemed to be a reference
to Part II of this order.
. (c) Except to the extent inconsistent with law or with this order,
and except as revoked, superseded, or otherwise made inapplicable
before the time of issuance of this order, (1) all determinations, au-
thorizations, regulations, rulings, certificates, orders, directives, con-
tracts, agreements, and other actions issued,. undertaken or entered
into with respect to any function affected by this order shall continue
in full force and effect until amended, modified, or revoked by appro-
priate authority, (2) each reference in any Executive order to any
provision of law repealed by the Mutual Security Act of 1954 shall
be deemed also to refer to the corresponding provision, if any, of the
Mutual Security Act of 1954.18
SEC. 303. Ective date. Without prejudice to anything done un-
der proper authority with respect to any function under the Act at
any time subsequent to the approval of the Act and prior to the ap-
E roval of this order, the effective date of this order shall be deemed to
e the date of the approval of the Act.
DWIGHT D. EISENHOWER.
THE WHITE HousE, November 6, 1954.
18 Sec. 2 of Executive Order No. 10625 provides as follows : "Except in respect of any
provision which has been revoked, superseded, or otherwise-rendered inapplible,
except as may be otherwise inappropriate, any reference in any provision of any prior
Executive Order to the Mutual Security Act of 1954 shall be deemed to include a reference
to the Mutual Security Act of 1954, as amended."
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18. Executive Order No. 10610
Text of Executive Order No. 10610, May 9, 1955, 20 F. R. 3179, as amended by
Executive Order No. 10663, March 24, 1956, 21 F. R. 1845, and Executive Order
No. 10742, November 29, 1957, 22 F. R. 9689
ADMINISTRATION OF MUTUAL SECURITY AND RELATED FUNCTIONS
By virtue of the authority vested in me by the Mutual Security Act
of 1954, including particularly sections 521 and 525 thereof (68 Stat.
855, 856), and as President of the United States, it is ordered as
follows :
PART I. DEPARTMENT OF STATE; INTERNATIONAL COOPERATION
ADMINISTRATION
SEC. 101.. Exclusive of the functions transferred by the provisions
of section 201 of this order, all functions conferred by law upon, or
delegated or otherwise assigned by the President to, the Director of
the Foreign Operations Administration, and all functions conferred
by law upon, or otherwise placed under the jurisdiction of, the Foreign
Operations Administration (includin , subject to the provisions of
sections 102 (b) and (c) of this order ail functions of agencies,
officials, and employees of the Foreign Operations Administration),
are hereby transferred to the Secretary of State and the Department
of State, respectively.
SEC. 102. The following are hereby transferred to the Department
of State :
(a) All offices of the Foreign Operations Administration, exclusive
of the office of Director of the Foreign Operations Administration.
(b) The Institute of Inter-American Affairs and the functions
vested in it by law, which functions shall remain therewith.
(c) The International Development Advisory Board (68 Stat. 842)
and the functions vested in it by law, which functions shall remain
therewith.
(d) The Office of Small Business, provided for in section 504 (b)
of the Mutual Security Act of 1954 (68 Stat. 851), and in section
101 (d) of Executive Order No. 10575 of November 6, 1954 (19 F. R.
7251).
SEc. 103., (a) The Secretary of State shall establish, with the offices,
personnel, and facilities transferred to the Department of State by or
under sections 102 (a) and 302 of this order, an agency in the Depart-
ment of State which shall be known as the International Cooperation
Administration. The agencies transferred by sections 102 (b), (c),
and (d) of this order shall be made a part of or attached to the Inter-
national Cooperation Administration. The International Coopera-
tion Administration shall be headed by the Director of the Interna-
tional Cooperation Administration referred to in the first sentence
of section 103 (b) of this order. Except as may be otherwise pro-
106
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LEGISLATION ON FOREIGN RELATIONS 107
vided by the Secretary of State, the functions transferred by section
101 hereof shall be carried out by or under the International Coopera-
tion Administration or the Director thereof. The said Administration
and all functions transferred by this Part shall be subject to the
direction and control of the Secretary of State. This order shall
not preclude the Secretary of State from transferring elsewhere in
the Department of State the transferred offices, personnel, facilities,
and agencies referred to in the first and second sentences of this
section. To such extent as the Secretary of State shall prescribe,
consistent with law, (1) the International Cooperation Administra-
tion and any other agencies of the Department of State designated
by the Secretary of State shall be deemed to be the successors of the
Foreign Operations Administration in respect of transfers to the
Department of State made by this order, and (2) the Director of
the International Cooperation Administration and any other officers
of the Department of State designated by the Secretary of State
shall be deemed to be the successors of the Director of the Foreign
Operations Administration in respect of transfers to the Secretary
of State made by this order.'
(b) The title of Deputy Director of the Foreign Operations Ad-
ministration is hereby changed to Director of the International Co-
operation Administration. The Director of the International
Cooperation Administration may, as he deems proper, change the title
of and utilize in connection with- the functions transferred by this
order any other office of the Foreign Operations Administration trans-
ferred hereby.
SEC. 104.. (a) The Secretary of State, after consultation with the
Secretary of Defense, shall make appropriate arrangements for carry-
in out the function of coordination referred to in section 102 (c)
(1) of Executive Order No. 10575 of November 6, 1954.2
(b) The Secretary of State or, if he shall so direct, the Director of
the International Cooperation Administration shall (1) carry out
1 Sec. 103 (a) was revised by sec. 2 (a) of Executive Order No. 10742. It formerly read
as follows : "The Secretary of State shall establish, with the offices, personnel, and facilities
transferred to the Department of State by or under sections 102 (a) and 302 of this order,
an agency in the Department of State which shall- be known as the international Coopera-
tion Administration. The agencies transferred by sections 102 (b), (c), and (d) of this
order shall be made a part of or attached to the International Cooperation Administration.
The International Cooperation Administration shall be headed by the Director of the
International Cooperation Administration referred to in the first sentence of section 103
(b) of this order. The said Director shall report directly to the Secretary of State.
Except as may be otherwise provided by the Secretary of Sate in respect of the matters
referred to in section 104 of this order, the functions transferred by section 101 hereof
shall be carried out by or under the International Cooperation Administration or the
Director thereof.. The said Administration, including all its officers and agencies, and all
functions transferred by this Part shall be subject to the direction and control of the
Secretary of State. To such extent as the Secretary of State shall prescribe, consistent
with law and without diminishing aignments made or required to be made by this order
to the International Cooperation Administration or the Director thereof, the said Adminis-
tration and Director shall be deemed to be the successors of the Foreign Operations Admin-
istration and the Director thereof, respectively, in respect of transfers to the Department
of State and the Secretary of State made by this order."
2 Subsets. (b) and (c) of see. 104. were revoked by sec. 2 (b) of Executive Order No.
10742. They formerly read as follows :
"(b) The Secretary of State or, If he shall so direct, the Director of the International
Cooperation Administration shall (1) carry out the functions under the Mutual Defense
Assistance Control Act of 1951 transferred by section 101 of this order, (2) carry out the
functions under section 501 (a) (2) of the Mutual Security Act of 1951 (as continued by
section 525 of the Mutual Security Act of 1954), (3) make the determinations authorized
by the last sentence of section 524 (b) of the Mutual Securit Act of 1959, and (4) coordi-
nate the functions of the International Cooperation Administration and other affairs of
the Department of State. -
"(c) The Secretary of State may carry out the functions now financed pursuant to
section 405 (d) of the Mutual Security Act of 1954, as amended, through any officer or
agency of the Department of State."
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108 LEGISLATION ON FOREIGN RELATIONS
the functions under the Mutual Defense Assistance Control Act of
1951 transferred by section 101 of this order, (2) carry out the func-
tions under section 501 (a) (2) of the Mutual Security Act of 1951
(as continued by section 525 of the Mutual Security Act of 1954), (3)
make the determinations authorized by the last sentence of section
524 (b) of the Mutual Security Act of 1954, and (4) coordinate the
functions of the International Cooperation Administration and other
affairs of the Department of State.
(c) The Secretary of State may carry out the functions now
financed pursuant to section 405 (d) of the Mutual Security Act of
1954, as amended, through any officer or agency of the Department of
State.
PART II. DEPARTMENT OF DEFENSE
SEC. 201. So much of the functions under chapter 2 of Title I of the
Mutual Security Act of 1954 now vested in or delegated to or other-
wise conferred upon the Director of the Foreign Operations Adminis-
tration or the Foreign Operations Administration as consists of fur-
nishing to recipients eligible under that chapter, equipment, ma-
terials, or services which are delivered or rendered directly to the
military forces of the recipient country or its agent (including a
civilian contractor with such force) for the exclusive use, or to be
under the exclusive control, of such military forces and without en-
tering into or being processed by the civilian economy of the re lent
country except as above provided is hereby transferred to the Secre
tary of Defense and the Department of Defense, respectively.
SEC. 202. The determination of the value of the program for any
country under so much of chapter 2 of Title I of the Mutual Security
Act of 1954 as pertains to the functions transferred by section 201 of
this order shall be made by the Secretary of State.
SEc. 301. As used in this order, the term "functions" includes pow-
ers, duties, authority, responsibilities, and discretion.
SEc. 302. So much of the records, propertyy, personnel, positions, and
unexpended balances of appropriations, allocations2 and other funds
of the Foreign Operations Administration as the Director of the Bu-
reau of the Budget shall determine shall be transferred to the Depart-
ment of Defense. There are hereby transferred to the Department
of State all other records, property, personnel, positions and unex-
pended balances of appropriations, allocations, and other funds of the
Foreign Operations Administration (including those of the Institute
of Inter-American Affairs, the International Development Advisory
Board and the Office of Small Business, which shall be transferred
with those agencies, respectively). Such further measures and dis-
positions as the Director of the Bureau of the Budget may deem nec-
essary in order to effectuate the transfers provided for in this section
shall be carried out in such manner as he shall direct and by such
agencies as he shall designate.
SEC. 303. (a) The Foreign Operations Administration, including
the office of Director of the Foreign Operations Administration but
excluding all other offices of, and all agencies and positions of, the
Foreign Operations Administration, and excluding also all functions
transferred by the provisions of this order, is hereby abolished.
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LEGISLATION ON FOREIGN RELATIONS 109
(b) The memberships of the Director of the Foreign Operations
Administration on the following bodies, together with the functions
of the said Director in his capacity as member of each thereof, are
hereby abolished: (1) The National Security Council, (2) the Opera-
tions Coordinating Board, (3) the Council on Foreign Economic
Policy, (4) the Interagency Committee on Agricultural Surplus Dis-
posal, (5) the Defense Mobilization Board, and (6) the Interdepart-
mental Committee on Trade Agreements: Provided, That the
Director of the International Cooperation Administration or his des-
ignated representative shall participate in the deliberations, and assist
in connection with the affairs, of the bodies mentioned in items (2) to
(6), inclusive, above, and of the Committee for Reciprocity Informa-
tion.
SEc. 304. Nothing in this order shall be construed to derogate from
the authority of the President, after the date of approval of this
order, (1) to .delegate functions conferred upon him by the Mutual
Security Act of 1954 or by other law other than as transferred or
otherwise assigned by this order, (2) to transfer to any agency or
officer of the United States, or to modify or abolish, any function,
office, or entity of the Foreign Operations Administration or the suc-
cessor thereof or any officer or employee thereof, or (3) to transfer
such personnel, property, records, and funds as may be necessary inci-
dent thereto.
Sw. 305. Except to the extent inconsistent with this order, all de-
terminations, authorizations, regulations, rulings, certificates, orders,
directives, contracts, agreements, and other actions issued, undertaken,
or entered into with respect to any function affected by this order and
not heretofore revoked, superseded, or otherwise made inapplicable,
shall continue in full force and' effect until amended, modified, or
terminated by appropriate authority; but any reference therein to any
officer or agency abolished by this-order shall hereafter be deemed to
be a reference to the appropriate successor officer or agency under this
order.
SEc. 306. This order shall become effective at the close of June 30,
1955.
THE WHrrE HousE, May 9, 1955. DwloxT D. EISENHOWER.
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19. Executive Order No. 10663
Text of Executive Order No. 10663, March 24, 1956, 21 F. R. 1845
ADMINISTRATION OF THE ESCAPEE PROGRAM
By virtue of the authority vested in me by the Mutual Security Act
of 1954 (68 Stat. 832), as amended, including particularly sections 521
and 525 thereof it is ordered as follows :
SECTION 1. Section 104 of Executive Order No. 10610 of May 9,
1955 (20 F. R. 3181),' is hereby amended by adding at the end thereof
a new subsection (c) reading as follows :
"(c) The Secretary of State may carry out the functions now
financed pursuant to section 405 (d) of the Mutual Security Act of
1954, as amended, through any officer or agency of the Department
of State."
SEC. 2. There is hereby terminated the duty of the Director of the
International Cooperation Administration (under section 103 (c) of
Executive Order No. 10575 2 of November 6, 1954 (19 F. R. 7251), as
affected by Executive Order No. 10610 3) to assist the Secretary of
State in formulating and presenting the policy of.the United States
with respect to the assistance programs of the Intergovernmental
Committee for European Migration, the United Nations Refugee
Funds, and the L7nited Nations Children's Fund.
SEC. 3. The Secretary of State is hereby authorized to transferor
assign to any agency or agencies of the Department of State such
offices, officers, and personnel, and so much of the property and records,
of the International Cooperation Administration as he may deem
necessary for the administration by the said agency or agencies of the
functions referred to in section 104 (c) of Executive Order No. 10610,
as amended by this order.
SEC. 4. This order shall become effective on the first day of the first
month commencing after the date hereof.
THE WHrrE HOUSE, March 94,1956.
See page 107.
a See page 100.
See page 100.
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20. State Department Delegation of Authority No. 85, as
amended, Implementing Executive Order No. 10610
Text of State Department Delegation of Authority No. 85, June 30, 1955 (20 F. R.
4825), as amended by Delegation of Authority 85-1, October 12, 1955 (20 F. R.
7950) and Delegation of Authority 85-2, September 4, 1957 (22 F. R. 7344), and
Delegation of Authority 85-3, December 5,1957 (22 F. It. 10124)
JUNE 30) 1955
ADMINISTRATION OF MUTUAL SECURITY ACT OF 1954 AND DELEGATION
OF CERTAIN RELATED FUNCTIONS 1
By virtue of the authority vested in me by Executive Order No.
10610, the Mutual Security Act of 1954 (68 Stat. 832), and section 4
of the Act of May 26, 1949 (63 Stat. 111, 5 U. S. C. sec. 151 c) and in
accordance with the requirements of section 3 (a) (1) of Public Law
404, 79th Congress (60 Stat. 238, 5 U. S. C. sec. 1002 (a) (1)) , estab-
lishment of the International Cooperation Administration is effected
and assignment of mutual security and related functions and delega-
tions of authority are made as follows :
1. Establishment of the International Cooperation Administration.
There is established in the Department of State an agency which shall
be known as the International Cooperation Administration. The In-
stitute of Inter-American Affairs, the Office of Small Business pro-
vided for in section 504 (b) of the Mutual Security Act of. 1954, and
the International Development Advisory Board shall be a part of or
attached to the International Cooperation Administration.
2. The Director of the International Cooperation Administration.
As provided in section 103 (a) of Executive Order No. 10610 the
International Cooperation Administration shall be headed by the
Director of the International Cooperation Administration. The
Director of the International Cooperation Administration may, to
the extent consistent with law, delegate or assign any of his functions
to his subordinates and authorize any of his subordinates to whom
functions are so delegated or assigned successively to redelegate or
reassign any of such functions.2
3.11 Functions of the Deputy Under Secretary of State for Economic
A ff airs.
'Title formerly read "Establishment of International Cooperation Administration and
Delegation of Certain Related Functions.' It was revised by Delegation of Authority No.
85-3 signed by Secretary of State December 5, 1957 122 F. R. 101241.
The last half of this sentence beginning with the words "and authorize any" was added
y Delegation of Authority No. 85-8. Repealed sec. 3 read as
b9' hie sectionl was added bNo. 85-3.
follows :
"Functions of the international Cooperation Administration or the Director Thereof. the dir ction and icontrol of the Secretaryiof Stateocarrtyioutt a following fun tionsunder the
'((1) the functions which section 103 la) of Executive order No. 10610 directs be
carried out, by or under the Administration or the Director ;
"(2) the functions under the Mutual Defense Assistance Control Act of 1951
transferred to the Secretary of State by section 101 of Executive Order No. 10610;
"(3) subject to consultation with the Secretary of Defense and the concurrence of
the Secretary of State, (a) the function of having primary responsibility for prepara-
111
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iG LEGISLATION' ON FOREIGN RELATIONS
a. The Deputy Under Segcretary of State for Economic Affairs
shall, on behalf of the Secretary of State, carry out the following
functions :
ILLEGIB
(1) the function of having primary responsibility for prepara-
tion and presentation to the Congress of such programs of foreign
military, economic, technical and other assistance as may be
required in the interest of the security of the United States;
(2) the function of coordinating the various forms of assist-
ance authorized by the Mutual Security Act of 1954;
(3) the function of ensuring that the assistance authorized by
the Mutual Security Act of 1954 serves the foreign policies of the
United States;
(4) the function of determining the value of the program under
chapter 1, title I, of the Mutual Security Act of 1954 for any
country ;
(5) the function of coordinating the functions of the Interna-
tional Cooperation Administration with the other affairs of the
Department of State.
'E The Deputy Under Secretary of State for Economic Affairs m
ay,
to the extent consistent with law, delegate or assign any of his func-
tions to his subordinates.
4.4 Functions of the International Cooperation Administration or
the Director Thereof.
a. Except as otherwise provided in this Delegation of Authority
with respect to the functions of the Deputy Under Secretary of State
for Economic Affairs, the Director of the International Cooperation
tion and presentation to the Congressof such program of foreign military, economic,
and technical assistance as may be required In the interest of the security of the
Executive Order( No.t10575 e(a) the function of det rmining theevalue of the program
for any, country under chapter 1 of title I of the Mutual Security Act of 1954 (relating
to miliary assistance) ; and (d) the function of determining the value of the program
for any country under so much of chapter 2 of title I of the Mutual Security Act of
1954 as pertains to the functions transferred to the Secretary of Defense and the
Department of Defense by section 201 of Executive Order No. 10610 or delegated to
the Secretary of Defense by section 102 (a) (4) of Executive Order No. 10575 as
amended by Executive Order No. 10625;
` (4) subject to the concurrence of the Secretary of State, the function referred to
in section 107 (b) of Executive Order No. 10575 as amended by Executive Order No.
10625 of agreeing with the Department of Defense on a division of the sum of
$300,000,000 provided for in section 402 of the Mutual Security Act of 1954, as
amended (relating to the export and sale of surplus agricultural-commodities) ;
ti "(4 the functions which the Department of State is directed to carry out by sec-
generat(e d d)by3sales under tthe Order Trade amend and Assis ae Act currencies 1-954 'b Nothing min this' orderrsh all out bthe purposes
construed tof 104 omcanyf au te At.
thority, responsi-
bilities or-functions previously held or exercised by the Secretary of State or the various
bureaus and other offices of the Department of State.
tim
Ile. e, tohtheextent coof the nsistent International p omulgateesuch duiles stand i regulations o mme to
may be
necessary and proper to carry out any of his functions. The Director of the International
Cooperation Administration is hereby designated as the person who shall issue regulations
relating to travel expenses paid out of appropriations which have been or may be made
under the Mutual Security Act of 1954, including the regulations referred to in the second
proviso ofsection 102 of the Mutual Security Appropriation-Act, 1956.
I'd. The Director of the International Cooperation Administration is designated as the
person who shall make certificates of the amount of expenditures of a confidential character
made out of funds allocated to the International Cooperation Administration whenever any
provisions of law, including section 102 of the Mutual Security Appropriation Act, 1956,
requires such certificates to be made by the Secretary retary of State or such person as he may
."
This section was added by Delegation of Authority No. 88-3. Repealed sec. 4 read as
follows : R
served
the
Secret
coordi functionsioft eeIn et rn tional C operantAdministration with sib o her affairs of thetDepart-
ment of State is hereby reserved to the Secretary of State."
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LEQISLA N ON RD , N RE`LA
Administration shall, under the direction and control of the Secretary
of State, carry out the following functions :
(1) the functions transferred by section 101 of Executive Order
10610;
(2) the functions under sections 202 and 204 of the Mutual
Security Act of 1954 delegated to the Secretary of State by section
103 (a) (2) of Executive Order 10575, subject to policy guidance
received from the Development Loan Committee established by
section 1 (c) of Executive Order No. 10742 of November 29, 1957;
(3) subject to the concurrence of the Deputy Under Secretary
of State for Economic Affairs, the function of agreeing with the
Department of Defense on a division of the sum provided for in
section 402 of the Mutual Security Act of 1954
(4) the functions which the Department of State is directed to I I ILLEGIB
carry out by section 4 (d) (3) of Executive Order 10560 relating
to foreign currencies generated by sales under the Agricultural
Trade Development and Assistance Act of 1954t as amended, to
carry out the purposes of section 104 (c) of the Act.
b. The Director of the International Cooperation Administration
or his designees may from time to time, to the extent consistent with
law, promulgate such rules and regulations as may be necessary and
proper to carry out any functions of the International Cooperation
Administration or the Director or agencies, officers or employees
thereof.
5. Records, Property, Personnel, Positions, and Funds. The rec-
ords, property, personnel, positions, and unexpended balances of ap-
propriations, allocations, and other funds of the Foreign Operations
Administration transferred to the Department of State by section 302
of Executive Order No. 10610 are hereby placed in the International
Cooperation Administration. Nothing in this section shall be con-
strued to derogate from the authority of the Secretary of State within
the terms of Executive Order No. 10610 to place elsewhere in the
Department of State at a later date or dates records, property, person-
nel., positions and funds which relate to functions which are not to be
performed by the International Cooperation Administration or the
Director thereof.
6. Successorship. Except as may be otherwise provided from time
to time, and consistent with law and with Executive Order No. 10610,
the International Cooperation Administration and the Director there-
of shall be deemed to be the successors of the Foreign OperationsAd-
ministration and the Director thereof, respectively, in respect to all
functions ? delegated to the Administration or the Director by the
Secretary of State.
7.6 Authority and Responsibilities of the Secretary of State. Noth-
ing in this order shall be construed to derogate from any authority,
responsibilities, or functions previously held or exercised by.the Secre-
tary of State or the various bureaus and other offices of the Depart-
ment of State.
E The words "required to be carried out by or under the International Cooperation
Administration or the Director pursuant to section 103 (a) of Executive Order No. 10610,
or"' which appeared following the word "functions" were deleted by Delegation of
Authority No. 85--3.
Sec. 7 was added by Delegation of Authority No. 85-8.
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8? Effective Date.
a. This order shall become effective immediately upon the coming
into effect of Executive Order No. 10610.
b. Nothing in this order shall be construed to derogate from the
authority of the Secretary of State to amend this order at any time.
c.' Any reference in this order to the Mutual Security Act of 1954
or to any other Act shall be deemed to be a reference to such Act as
amended from time to time. Any reference in this order to any
Executive Order or order delegating functions thereunder shall be
deemed to be a reference to such order as amended from time to time.
'/s/ JOHN FOSTER DuL s,
Secretary of State.
' Delegation of Authority No. 86-8 redesignated sec. 7as sec. 8, and amended subset. (c),
which formerly read as follows: "References in this order to the Mutual- Security Actt of
1964 shall be deemed to be references to the Mutual Security Act of 1954 as amended
from time to time.".
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21. Executive Order No. 10784
Text of Executive Order No. 10784, October 1, 1958, 23 F. R. 7691
SPECIFICATION OF.LAWS. FROM WHICH FUNCTIONS AUTHORIZED BY THE
MUTUAL SECURITY ACT OF 1954, As AMENDED,' SHALL BE EXEMPT
By virtue of the authority vested in me by section 533 of the Mutual
Security Act of '1954, 68 Stat. 860 (22 U. S. C. 1793), it is hereby
determined that, to the extent hereinafter indicated, the performance
of functions authorized by that act, as amended (including the per-
formance 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).
Section 3735 of the Revised Statutes (41 U. S. C. 13).
(h) Section 304 (c) of the Federal Property and Administra-
tive 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.
(i) 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 :
' Sec. 302 (c) (2) of Executive Order No. 10575, as amended (the full text of which
appears on page 98) provides: "each reference in any Executive order to any provision
of law repealed by the Mutual Security Act of 1954 all be deemed also to refer to the
corresponding provision, if any, of the Mutual Security Act of 1954."
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116 LEGISLATION ON FOREIGN RELATIONS
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 Administra-
tive Services Act of 1949, as added by the act of October 31, 19512
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 amend-
ed, with nonprofit 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 con-
tract 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 C. F. R., 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.
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B. INFORMATION, CULTURAL EXCHANGE AND
EDUCATIONAL EXCHANGE PROGRAMS
1. United States Information and Educational Exchange Act of
1948, as amended
Text of Public Law 402, 80th Congress [H. R. 3342], 62 Stat. 6, approved January
27, 1948; as amended by Public Law 298, 82d Congress [S. 2077], 66 Stat. 43,
approved April 5, 1952; Public Law 414, 82d Congress [H. R. 5678], 66 Stat. 276,
approved June 27, 1952; Public Law 665, 83d Congress [H. R. 9678], 68 Stat. 862,
approved August 26, 1954; Public Law 555, 84th Congress [S. 2562], 70 Stat. 241,
approved June 4, 1956; Public Law 726, 84th Congress [H. R. 11356], 70 Stat.
555, approved July 18, 1956; and Public Law 85-477, 85th Congress, 72 Stat.
261, approved June 30, 1958
AN ACT To promote the better understanding of the United States among the
peoples of the world and to strengthen cooperative international relations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE 'I-SHORT TITLE, OBJECTIVES, AND
DEFINITIONS
SHORT TITLE
SECTION 1. This Act may be cited as the "United States Informa-
tion and Educational Exchange Act of 1948".
SEC. 2.1 The Congress hereby declares that the objectives of this Act
are to enable the Government of the United States to promote a better
understanding of the United States in other countries, and to increase
mutual understanding between the people of the United States and the
people of other countries. Among the means to be used in achieving
these objectives are-
(1) an information service to disseminate abroad information
about the United States, its people and policies promulgated by
the Congress, the President, the ~ecretary of State and other
responsible officials of Government having to do with matters
affecting foreign affairs;
(2) an educational exchange service to cooperate with other
nations in-
(a the interchange of persons, knowledge, and skills;
b the rendering of technical and other services;
(c the interchange of developments in the field of educa-
tion, the arts, and sciences.
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118 LEGITION ON FOREIGN RELATIONS
# 4
f UNITED NATIONS
SEc. 3 2 In carrying out the objectives of this Act, information con-
cerning the participation of the United States in the United Nations,
its organizations and functions, shall be emphasized.
DEFINITIONS
SEC. 4.8 When used in this Act, the term-
1) "Secretary" means the Secretary of State.
2) "Department" means the Department of State.
3) "Government agency" means any executive department, board,
bureau, commission, or other agency of the Federal Government, or
independent establishment, or any corporation wholly owned (either
directly or through one or more corporations) by the United States.
TITLE II-INTERCHANGE OF PERSONS, KNOWLEDGE
AND SKILLS
PERSONS
SEC. 2014 (a) The Secretary is authorized to provide for inter-
changes on a reciprocal basis between the United States and other
countries of students, trainees, teachers, guest instructors, professors,
and leaders in fields of specialized knowledge or skill and shall wher-
ever possible provide these interchanges by using the services of`exist-
ing reputable agencies which are successfully engaged in such activity.
The Secretary may provide for orientation courses and other appro-
priate services for such persons from other countries upon their ar-
rival in the United States, and for such persons going to other coun-
tries from the United States. When any country fails or refuses to
cooperate in such program on a basis of reciprocity the Secretary shall
terminate or limit such program, with respect to such country, to the
extent he deems to be advisable in the interests of the United States.
The persons specified in this section shall be admitted as nonimmi-
grants under section 101 (a) (15) of the Immigration and Nationality
Act, for such time and under such conditions as may be prescribed by
regulations promulgated by the Secretary of State and the Attorney
General. A person admitted under this section who fails to maintain
the status under which he was admitted or who fails to depart from
the United States at the expiration of the time for which he was
admitted, or who engages in activities of a political nature detrimental
to the interests of the United States, or in activities not consistent
with the security of the United States, shall upon the warrant of the
Attorney General, be taken into custody ands promptly deported pur-
suant to sections 241, 242, and 243 of the Immigration and Nationality
Act. Deportation proceedings under this section shall be summary
and the findings of the Attorney General as to matters of fact shall
be conclusive. Such persons shall not be eligible for suspension of
deportation under section 244 of the Immigration and Nationality
Act.'
22 U. S. C. $ 1432.
822 U. S. C. 11433.
122 U. S. C. 11446.
This section was revised by sec. 402 (t) of the Act of June 27. 1952, to correct refer-
ences by making them applicable to the new Immigration and Nationalization Act.
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(b) No person admitted as an exchange visitor under this section
or acquiring exchange visitor status after admission shall be eligible
to apply for an immigrant visa, or for a nonimmigrant visa under sec-
tion 101 (a) (15) (H) of the Immigration and-Nationality Act, or for
adjustment of status to that of an alien lawfully admitted for perma-
nent residence, until it is established that such person has resided and
been physically present in a cooperating country or countries for an
aggregate of at least two years following departure from the United
States : Provided, That upon request of an interested Government
agency and the recommendation of the Secretary of State, the At-
torney General may waive such two-year period of residence abroad in
the case of any alien whose admission to the United States is found
by the Attorney General to be in the public interest : And provided
further, That the provisions of this paragraph shall apply only to
those persons acquiring exchange visitor status subsequent to the date
of the enactment hereof .6
BOOKS AND MATERIALS
SEC. 202.? The Secretary is authorized to provide for interchanges
between the United States and other countries of books and periodicals,
including government publications, for the translation of such writ-
ings, and for the preparation, distribution, and interchange of other
educational materials.
SEC. 203.11 The Secretary is authorized to provide for assistance to
schools, libraries, and community centers abroad, founded or spon-
sored by citizens of the United States, and serving as demonstration
centers for methods and practices employed in the United States. In
assisting any such schools, however, the Secretary shall exercise no
control over their educational policies and shall in no case furnish
assistance of any character which is not in keeping with the free
democratic principles and the established foreign policy of the United
States .9
TITLE III-ASSIGNMENT OF SPECIALISTS
PERSONS TO BE ASSIGNED
SEC. 30:L.10 The Secretary is authorized, when the government of
another country is desirous of obtaining the services of a person having
special scientific or other technical or professional qualifications, from
time to time to assign or authorize the assignment for service, to or in
cooperation with such government, any citizen of the United States
in the employ or service of the Government of the United States who
has such qualifications, with the approval of the Government agency
in which such person is employed or serving. No person shall be
assigned for service to or in cooperation with the government of any
country unless (1) the Secretary finds that such assignment is neces-
"Sec. 201 was designated (a) and a new subset. (b) was added by the Act of June 4.
1956, Public :Law 555, 84th Cong. (70 Stat. 241).
7 22 U. S. C. $ 1447.
22 U. S. C. 1448.
This section is referred to in sec. 104 (j) of Public Law 480, 83d Cong. (08 Stat. 454),
as amended by Public Law 902, 84th Cong. (70 Stat. 988), approved August 8, 1956.
1022 U. S. C. 11451.
ILLEGIB
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sary in the national interest of the United States, or (2) such govern-
ment agrees to reimburse the United States in an amount equal to the
compensation, travel expenses, and allowances payable to such person
during the period of such assignment in accordance with the provi-
sions of section 302, or (3) such government shall have made an
advance of funds, property, or services as provided in section 902.
Nothing in this Act, however, shall authorize the assignment of such
personnel for service relating to the organization, training, operation,
development, or combat equipment of the armed forces of a foreign
government.
SEC. 302.11. Any citizen of the United States, while assigned for
service to or in cooperation with another government under the author-
ity of this Act, shall be considered, for the purpose of preserving his
rights, allowances, and privileges as such, an officer or employee of
the Government of the United States and of the Government agency
from which assigned and he shall continue to receive compensation
from that agency. He may also receive, under such regulations as the
President may prescribe, representation allowances similar to those
allowed under section 901 (3) of the Foreign Service Act of 1946
(60 Stat. 999). The authorization of such allowances and other bene-
fits and thepayment thereof out of any appropriations available there-
for shall be considered as meeting all the requirements of section 1765
of the Revised Statutes.
ACCEPTANCE OF OFFICE UNDER ANOTHER GOVERNMENT
SEC. 303.12 Any citizen of the United States while assigned for
service to or in cooperation with another government under authority
of this Act may, at the discretion of his Government agency, with
the concurrence of the Secretary, and without additional compensa-
tion therefor, accept an office under the government to which he is
assigned, if the acceptance of such an office in the opinion of such
agency is necessary to permit the effective performance of duties for
which he is assigned, including the making or approving on behalf
of such foreign government the disbursement of funds provided by
such government or of receiving from such foreign government funds
for deposit and disbursement on behalf of such government, in carry-
ing out programs undertaken pursuant to this Act : Provided, how-
ever, That such acceptance of office shall in no case involve the taking
of an oath of allegiance to another government.
TITLE IV-PARTICIPATION BY GOVERNMENT
AGENCIES
GENERAL AUTHORITY
SEC. 401.13 The Secretary is authorized, in carrying on any activ
ity under the authority of this Act, to utilize, with the approval of the
President, the services, facilities, and personnel of the other Govern-
ment agencies. Whenever the Secretary shall use the services, facili-
n 22 U. S. C. 9 1452.
12 22 U. S. C. 1453.
38 22 U. S. C. 11456.
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ties, or personnel of any Government agency for activities under
authority of this Act, the Secretary shall pay for such performance
out of funds available to the Secretary under this Act, either in
advance, by reimbursement, or direct transfer. The Secretary shall
include in each report submitted to the Congress under section 1008
a statement of the services, facilities, and personnel of other Govern-
ment agencies utilized in carrying on activities under the authority
of this Act, showing the names and salaries of the personnel utilized,
or performing services utilized, during the period covered by such
report, and the amounts paid to such other agencies under this section
as payment for such performance.
TECHNICAL AND OTHER SERVICES
SEC. 402.14 A Government agency, at the request of the Secretary,
may perform such technical or other services as such agency may be
competent to render for the government of another country desirous
of obtaining such services, upon terms and conditions which are satis-
factory to the Secretary and to the head of the Government agency,
when it is determined by the Secretary that such services will con-
tribute to the purposes of this Act. However, nothing in this Act
shall authorize the performance of services relating to the organization,
training, operation, development, or combat equipment of the armed
forces of a foreign government.
POLICY GOVERNING SERVICES
SEC. 403.11' In authorizing the performance of technical and other
services under this title, it is the sense of the Congress (1) that the
Secretary shall encourage through any appropriate Government
agency the performance of such services to foreign governments by
qualified private American individuals and agencies, and shall not
enter into the performance of such services to any foreign government
where such services may be performed adequately by qualified private
American individuals and agencies and such qualified individuals and
agencies are available for the performance of such services; (2) that,
if such services are rendered by a Government agency, they shall
demonstrate the technical accomplishments of the United States, such
services being of an advisory, investigative, or instructional nature,
or a demonstration of a technical process; (3) that such services shall
not include the construction of public works or the supervision of
the construction of public works, and that, under authority of this
Act, a Government agency shall render engineering services related
to public works only when the Secretary shall determine that the
national interest demands the rendering of such services by a Govern-
ment agency, but this policy shall not be interpreted to preclude
the assignment of individual specialists as advisers to other govern-
ments as provided under title III of this Act, together with such
incidental assistance as may be necessary for the accomplishment of
their individual assignments.
is 22 U. S. C. 1457.
22 U. S. C. 1458.
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TITLE V-DISSEMINATING INFORMATION ABOUT
THE UNITED STATES ABROAD
GENERAL AUTHORIZATION
SEC. 501.18 The Secretary is authorized, when he finds it appro-
priate, to provide for the preparation, and dissemination abroad, of
information about the United States, its people, and its policies,
through press, publications, radio, motion pictures, and other infor-
mation media, and through information centers and instructors
abroad. Any. such press release or radio script, on request, shall be
available in the English language at the Department of State, at all
reasonable times following its release as information abroad, for exam-
ination by representatives of United States press associations, news-
papers magazines, radio systems, and stations, and, on request, shall
be made available to Members of Congress.
POLICIES GOVERNING INFORMATION ACTIVITIES
SEC. 502.17 In authorizing international information activities
under this Act, it is the sense of the Congress (1) that the Secretary
shall reduce such Government information activities whenever corre-
sponding private information dissemination is found to be adequate;
(2) that nothing in this Act shall be construed to give the Department
a monopoly in the production or sponsorship on the air of short-wave
broadcasting programs, or a monopoly in any other medium of
information.
TITLE VI-ADVISORY COMMISSIONS TO FORMULATE
POLICIES
SEC. 601.15 There are hereby created two advisory commissions, (1)
United States Advisory Commission on Information (hereinafter in.
this title referred to as the Commission on Information) and (2)
United States Advisory Commission on Educational Exchange (here-
inafter in this title referred to as the Commission on Educational
Exchange) to be constituted as provided in section 602. The Com-
missions shall formulate and recommend to the Secretary policies and
programs for the carrying out of this Act : Provided, however, That
the commissions created by this section shall have no authority over
the Board of Foreign Scholarships or the program created by Public
Law 584 of the Seventy-ninth Congress, enacted August 1, 1946, or
the United States National Commission for UNESCO.
MEMBERSHIP OF THE COMMISSION; GENERAL. PROVISIONS
SEC. 602.18 (a) Each Commission shall consist of five members, not
more than three of whom shall be from any one political party.
Members shall be appointed by the President, by and with the advice
and consent of the Senate. No person holding any compensated Fed-
eral or State office- shall be eligible for appointment.
16 22 U. S. C. 11461.
17 22 U. S. C. $ 1462.
- 22 U. S. C. 1466.
1 22 U. S. C. $ 1467.
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(b) The members of the Commission on Information shall represent
the public interest, and shall be selected from a cross section of pro-
fessional, business, and public service backgrounds.
(c) The members of the Commission on Educational Exchange shall
represent the public interest and shall be selected from a cross section
of educational, cultural, scientific, technical, and public service back-
grounds.
(d) The term of each member appointed under subsection (a) of
this section shall be three years, except that the terms of office of such
members first taking office on each Commission shall expire, as desig-
nated by-the President at the time of appointment, two at the end of
one year, two at the end of two years, and one at the end of three ears
from the date of the enactment of this Act. Any member appointed
to fill a vacancy occurring prior to the expiration of the term for which
his predecessor is appointed shall be appointed for the remainder of
such term. Upon the expiration of his term of office any member may
continue to serve until his successor is appointed and has qualified.
(e) The President shall designate a chairman for each Commission
from among members of the Commission.
(f) The members of the Commissions shall receive no compensation
for their services as such members but shall be entitled to reimburse-
ment for travel and subsistence in connection with attendance of meet-
ings of the Commissions away from their places of residences, as
provided in subsection (6) of section 801 of this Act.
(g) The Commissions are authorized to adopt such rules and regu-
lations as they may deem necessary to carry out the authority con-
ferred upon them by this title.
(h) The Department is authorized to provide the necessary secre-
tarial and clerical assistance for the Commissions.
RECOMMENDATIONS AND REPORTS
SEc. 603.21 The Commissions shall meet not less frequently than
once each month during the first six months after their establishment,
and thereafter at such intervals as the Commissions find advisable,
and shall transmit to the Secretary a quarterly report, and to the
Congress a semiannual report of all programs and activities carried
? on under the authority of this Act, including appraisals, where
feasible, as to the effectiveness of the several programs, and such
recommendations as shall have been made by the Commissions to the
Secretary for effectuating the purposes and objectives of this Act and
the action taken to carry out such recommendations.
TITLE VII-APPROPRIATIONS
GENERAL AUTHORIZATION
SEC. 701.2;L Appropriations to carry out the purposes of this Act are
hereby authorized.
20 22 U. S. C. 1468.
n 22 U. S. C. $ 1476.
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TRANSFER OF FUNDS
SEC. 702.22 The Secretary shall authorize the transfer to other Gov-
ernment agencies for expenditure in the United States and in other
countries, in order to carry out the purposes of this Act, any part
of any appropriations available to the Department for carrying out
the purposes of this Act, for direct expenditure or as a working fund,
and any such expenditures may be made under the specific authority
contained in this Act or under the authority governing the activities
of the Government agency to which a part of any such appropriation
is transferred, provided the activities come within the scope of this
Act.
TITLE VIII-ADMINISTRATIVE PROCEDURES
TIIE SECRETARY
SEC. 801.23 In carrying out the purposes of this Act, the Secretary is
authorized, in addition to and not in limitation of the authority
otherwise vested in him-
(1) In carrying out title II of this Act, within the limitation
of such appropriations as the Congress may provide to make
grants of money, services, or materials to State and local govern-
mental institutions in the United States, to governmental institu-
tions in other countries, and to individuals and public or private
nonprofit organizations both in the United States and in other
countries ;
(2) to furnish, sell, or rent, by contract or otherwise, educa-
tional and information materials and equipment for dissemination
to, or use by, peoples of foreign countries;
(3) whenever necessary in carrying out title V of this Act,
to purchase, rent construct, improve, maintain, and operate
facilities for radio transmission and reception, including the
leasing of real property both within and without the continental
limits of the United States for periods not to exceed ten years,
or for longer periods if provided for by the appropriation Act;
(4) to provide for printing and binding outside the continental
limits of the United States, without regard to section 11 of the
Act of March 1, 1919 (44 U. S. C. 111) ;
(5) to employ, wit out regard to the civil-service and classi-
fication laws, when such employment is provided for by the
appropriation Act, (i) persons on a temporary basis and ii
aliens within the United States, but such employment of aliens
shall be limited to services related to the translation or narration
of colloquial speech in foreign languages when suitably qualified
United States citizens are not available; and
(6) to create with the approval of the Commission on Infor-
mation and the Commission on Educational Exchange, such
advisory committees as the Secretary may decide to be of assistance
in formulating his policies for carrying out the purposes of this
Act. No committee member shall be allowed any salary or' other
compensation for services; but he may be paid his actual trans
- 22 U. S. C. 11477.
. 22 U. S. C. 9 1471.
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LEGISLATION ON FOREIGN RELATIONS 125
portation expenses, and not to exceed $10 per diem in lieu of
subsistence and other expenses, while away from his home in
attendance upon meetings within the United States or in consul-
tation with the Department under instructions.
GOVERNMENT AGENCIES
SEC. 802.24 In carrying on activities which further the purposes of
this ~Act,:subject to approval of such activities by the Secretary, the
Department and the other Government agencies are authorized-
(1) to place orders and make purchases and rentals of materials.
and equipment ;
(2) to make contracts, including contracts with governmental
agencies, foreign or domestic, including subdivisions thereof, and
intergovernmental organizations of which the United States is a
member., and, with respect to contracts entered into in foreign(
countries, without regard to section 3741 of the Revised Statutes
(41 U. S. C.22);
(~) under such,rregulations as the Secretary may prescribe, to
pay the transportation expenses, and+not to exceed $10 per diem
In lieu of subsistence and other expenses, of citizens or subjects of
other countries, without regard to the Standardized Government
Travel Regulations and the Subsistence Act of 1926, as amended;
and
(4) to make grants for, and to pay expenses incident to, train-
ing and study.
MAXIMUM USE OF EXISTING GOVERNMENT PROPERTY AND FACILITIES
SEC. 803.241 In carrying on activities under this Act which require
the utilization of Government property and facilities, maximum use.
shall be made of existing Government property and facilities.
TITLE IX.-FUNDS PROVIDED BY OTHER SOURCES
REIMBURSEMENT
SEC. 901.26 The Secretary shall, when he finds it in the public interest,
request and accept reimbursement from any cooperating governmental
or private source in a foreign country, or from State 'or local govern-
mental institutions or private sources in the United States, for all or
pn rt of the expenses of any portion of the program undertaken here-
under. The amounts so received shall be covered, into the Treasury
as miscellaneous receipts.
ADVANCE Or FUNDS
SI,;c. 902.27 If any other government shall express the desire to pro-
vide .funds, property, or services to be used by this Government, in
whole or in part, .for the expenses of any specific part of the program
undertaken pursuant to this Act, the Secretary is authorized; when lie
finds it 'iii" the public interest, to accept such funds, property, or
~ 22 C. 11472.
22 U. S. C. f 1478.
22 U. S. C. 11478.
27 22 U. S. C. ? 1470.
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LEGISLATION. ON FOREIGN RELATIONS
services.. Funds so received may be established as a special deposit
account 'in the Treasury of the United States, to be available for the
specified purpose, and to be used for reimbursement of appropriations
or direct expenditure, subject to the provisions of this Act. Any un-
expended balance of the special deposit account and other property
received, under this section and no longer required for the purposes
for which provided shall be returned to the government providing the
funds or property.
SEC. 100128 No citizen or resident of the United States, whether or
not now in the employ of the Government, may be employed or as-
signed to duties by the Government under this Act until such individ-
ual has been investigated by the Civil Service Commission and a
report thereon has been made to the Secretary of State : Provided,
however, That any present employee of the Government, pending
the report as to such employee by the Civil Service Commission, may
be employed or assigned to duties under this Act for the period of
six months from the date of its enactment. This section shall not
apply in the case of any officer appointed by the President by and with
the advice and consent of the Senate.'
SEC. 1002.30 The Secretary may delegate, to such officers of the Gov-
ernment as the Secretary determines to be appropriate, any of the
powers conferred upon him by this Act to the extent that he finds
such delegation to. be in the interest of the purposes expressed in this
Act and the efficient administration of the programs undertaken pur-
suant to this Act.
RESTRICTED INFORMATION
SEC. 100331 Nothing in this Act shall authorize the disclosure of any
information or knowledge in any case in which such disclosure (1) is
prohibited by any other law of the United States, or (2) is inconsistent
with the security of the United States.
REPEAL OF ACT OF MAY 28, 1938, AS AMENDED
SEC. 1004.82 (a) The Act of May 25, 1938, entitled "An Act authoriz-
ing the temporary detail of United States employees, possessing spe-
cial qualifications, to governments of American Republics and the
Philippines, and for other purposes," as amended (52 Stat. 442; 53
Stat. 652), is hereby repealed.
(b) Existing Executive orders and regulations pertaining to the
administration of such Act of May 25,1938, as amended, shall remain
W 22 U. S. C. ? 1434.
SeThis section was amended by.the Act of April 6; 1962, Public Law 298, 82d Congress
(66 Stat. 43), substituting "Civil Service Commission" for "Federal Bureau of Investiga-
tion" where its peared.
m 22 U. S. C. 1486.
3122 U. S. C. 1486.
1 Not codified.
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LEGISLATION ON FOREIGN RELA11ONS 127
in effect until superseded by regulations prescribed under the provi-
sions of this Act.
(c) Any reference in the Foreign Service Act of 1946 (60 Stat.
999), or in any other law, to provisions of such Act of May 25, 1938,
as amended, shall be construed to be applicable to the appropriate
provisions of titles III and IX of this Act.
UTILIZATION OF PRIVATE AGENCIES
SEC. 1005.83 In carrying out the provisions of this Act it shall be
the duty of the Secretary to utilize, to the maximum extent practicable,
the services and facilities of private agencies, including existing Amer-
ican press, publishing, radio, motion picture, and other agencies
through contractual arrangements or otherwise. It is the intent of
Congress that the Secretary shall encourage participation in carrying
out the purposes of this Act by the maximum number of different
private agencies in each field consistent with the present or potential
market for their services in each country.
TERMINATION PURSUANT TO CONCURRENT RESOLUTION OF CONGRESS
SEC. 1006.34 The authority granted under this Act shall terminate
whenever such termination is directed by concurrent resolution of the
two Houses of the Congress.
VETERANS' PREFERENCE ACT
SEC. 1007.Sa No provision of this Act shall be construed to modify
or to repeal the provisions of the Veterans' Preference Act of 1944.
REPORTS TO CONGRESS
SEC. 1008.$6 The Secretary shall submit to the Congress semiannual
reports of expenditures made and activities carried on under authority
of this Act inclusive of appraisals and measurements, where feasible,
as to the erectiveness of the several programs in each country where
conducted.
REGULATORY PROVISIONS TO APPLY TO ALL INTERNATIONAL INFORMATION
ACTIVITIES AND EDUCATIONAL EXCHANGES OF STATE DEPARTMENT
SEC. 1009.87 All provisions in this Act regulating the administration
of international information activities and educational exchanges
provided herein shall apply to all such international activities under
jurisdiction of the Department of State.
SEPARABILITY OF PROVISIONS
SEC. 1010.35 If any provision of this Act or the application of any
such provision to any person or circumstance shall be held invalid, the
validity of the remainder of the Act and the applicability of such
Is 22 U. S. C. 11687.
"Not codified.
22 U. S. C, 1 1438.
so 22 U. S. C. , 1439.
22 U. S. C. ? 1440.
Not codified.
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LEGISLATION RWYOR
provision to other persons or circumstances shall not be affected
INFORMATIONAL MEDIA GUARANTIES
SEC. 101139 (a) The Director of the United States Information
Agency a make guaranties, in accordance with the provisions of
subsection (b) of section 413 of the Mutual Security Act of 1954, of
investments in enterprises producing or distributing informational
media consistent with the national interests of the United States.45
(b) The Director is authorized to assume the obligation of not to
exceed $28,000,000 of the notes authorized to be issued pursuant to
subsection 111 (c) (2) of the Economic Cooperation Act of 1948, as
amended (22 U. S. C. 1509 (c) (2) ), together with the interest accrued
and unpaid thereon, and to obtain advances from time to time from
the Secretary of the Treasury up to such amount, less amounts previ-
ously advanced on such notes, as provided for in said notes. Such
advances shall be deposited in a special account in the Treasury avail-
able for payments under informational media guaranties.
(c) The Director is authorized to make informational media guar-
anties without regard to the limitations of time contained in sub-
section 413 (b) (4) of the Mutual Security Act of 1954, as amended
(22 U. S. C. 1933 (b) (4) ), but the total of such guaranties outstanding
at any one time shall not exceed the sum of the face amount of the
notes assumed by the Director less the amounts previously advanced
on such notes by the Secretary of the Treasury plus the amount of
the funds in the special account referred to in subsection (b).
(d) Foreign currencies available after June 30, 1955, from con-
versions made pursuant to the obligation of informational media
guaranties may be sold, in accordance with Treasury Department
regulations, for dollars which shall be deposited in the special account
and shall be available for payments under new guaranties. Such
currencies shall be available, as may be provided for by the Congress
in appropriation Acts, for use for educational, scientific, and cultural
purposes which are in the national interest of the United States, and
for such other purposes of mutual interest as may be agreed to by the
governments of the United States and the country from which the
currencies derive.
(e) Notwithstanding the provisions of subparagraph 413 (b) (4)
(E) of the Mutual Security Act of 1954, as amended (22 U. S. C. 1933
(b) (4) (E), (1)) fees collected for the issuance of informational
media guaranties shall be deposited in the special account and shall be
available for payments under informational media guaranties; and
(2) the.Director may require the payment of a minimum charge of
up to fifty dollars for issuance of guaranty contracts, or amendments
thereto.
(f) The Director is further authorized, under such terms as he
may prescribe, to make advance payments under informational media
guaranties : Provided, That currencies receivable from holders of such
guaranties on account of such advance payments shall be paid to the
United States within nine months from the date of the advance pay-
'p22V.S.C.?1442.
40 This subsection was added by the Mutual Security Act of 1954, approved August 26,
1954 (68 Stat. 862).
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LEGISLATION ON FOREIGN RELATIONS 129
ment and that appropriate security to assure such payments is required
before any advance payment is made.
(g) As soon as feasible after the enactment of this subsection, all
assets, liabilities, income, expenses, and charges of whatever kind
pertaining to informational media guaranties, including any charges
against the authority to issue notes provided in section 111 (c) (2)
of the Economic Cooperation Act of 1948, as amended, cumulative
from the enactment of that Act, shall be accounted for separately
from other guaranties issued pursuant to subsection 413 (b) of the
Mutual Security Act of 1954, as amended (22 U. S. C. 1933 (b)) :
Provided, That there shall be transferred from the special account
established pursuant to subsection (b), into the account available
for payments under guaranties other than informational media guar-
anties, an amount equal to the total of the fees received for the issuance
of guaranties other than informational media guaranties, and used
to make payments under informational media guaranties.41
(h) (1) There is authorized to be appropriated annually an amount
to restore in whole or in part any realized impairment to the capital
used in carrying on the authority to make informational media guaran-
ties, as provided in subsection (c), through the end of the last com-
pleted fiscal year.
(2) Such impairment shall consist of the amount by which the losses
incurred and interest accrued on notes exceed the revenue earned and
any previous appropriations made for the restoration of impairment.
Losses shall include the dollar losses on foreign currencies sold, and the
dollar cost of icreign currencies which (a) the Secretary of the Treas-
ury, after consultation with the Director, has determined to, be unavail-
able for, or in excess of, requirements of the United States, or (b) have
been transferred to other accounts without reimbursement to the spe-
cial account.
(3) Dollars appropriated pursuant to this section shall be applied to
the payment of interest and in satisfaction of notes issued or assumed
hereunder, and to the extent of such application. to the principal of the
notes, the Director is authorized to issue notes to the Secretary of the
Treasury which will bear interest at a rate to be determined by the
Secretary of the Treasury, taking into consideration the current aver-
age market yields of outstanding marketable obligations of the United
States having maturities comparable to the guaranties. The curren-
cies determined to be unavailable for, or in excess of, requirements of
the United States as provided above shall be transferred to the Secre-
tary of the Treasury to be held until disposed of, and any dollar pro-
ceeds realized from such disposition shall be deposited in miscellaneous
receipts.42
41 Sec. 1011. redesignated (a) and new subsets. (d) through (g) added by the Mutual
Security Act of 1956, approved July 18, 1956 (70 Stat. 555).
42 Sec. (h) was added by the Mutual Security Act of 1958, approved June 30. 1958 (72
Stat. 261).
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2. Government-Owned Facilities for International Broadcasting
Text of Public Law 161, 81st Congress [H. H. 2282], Approved July 9, 19491
AN ACT
To make certain Government-owned facilities available for international broad-
casting in the furtherance of authorized programs of the Department of State,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, for the pur-
pose of assuring continued operation of the facilities hereinafter de-
scribed for international broadcasting as a means of achieving the
objectives of the United States Information and Educational Ex-
change Act of 1948 (Public Law 402, Eightieth Congress) under
authority of that Act, the Reconstruction Finance Corporation, as
successor to Defense Plant Corporation, shall transfer, without regard
to the provisions of the Surplus Property Act of 1944, as amended,
and without reimbursement or transfer of funds, to the Secretary of
State (hereinafter referred to as the "Secretary") all of its right, title,
and interest in and to the facilities known as Plancors 1805, 1985, and
1986 located in Butler County, Ohio, in the vicinity of Delano, Cali-
fornia, and Dixon, California, respectively, together with the equip-
ment and other property appurtenant thereto. For the purpose of
this Act, the Secretary is authorized to acquire property or rights or
interests therein necessary or desirable for the operation of such facil-
ities by purchase, lease, gift, transfer, condemnation, or otherwise.
SEC. 2. Whenever the Secretary finds that the operation of the
facilities herein authorized to be transferred is no longer necessary
or desirable, he shall report such fact to Congress with his recommen-
dations for the disposition of such facilities.
SEC. 3. The Department of State shall assume all obligations of the
Reconstruction Finance Corporation covering operations of said facil-
ities, equipment, and appurtenant property outstanding at the date
of transfer.
Approved July 9,1949.
'Not codified.
130
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3. Reorganization Plan No. 8 of 1953
prepared by the President and transmitted to the Senate and the House of Rep-
resentativeq in Congress assembled, June 1, 1953, pursuant to the provisions
of the Reorganization Act of 1949, approved June 20, 1949, as amended
UNITED STATES INFORMATION AGENCY
SECTION 1. E8tabli8hment of agency.-(a) There is hereby estab-
lished a new agency which shall be known as the United States In-
formation Agency, hereinafter referred to as the Agency.
(b) There shall be at the head of the Agency a Director of the
United States Information Agency, hereinafter referred to as the
Director. The Director shall be appointed by the President by and
with the advice and consent of the Senate and shall receive compen-
sation at the rate of $21,000 a year. The Secretary of State shall
advise with the President concerning the appointment and tenure of
the Director.2
(c) There shall be in the Agency a Deputy Director of the United
States Information Agency, who shall be appointed by the Presi-
dent by and with the advice and consent of the Senate, and who shall
receive compensation at the rate of $20,500 a year. The Deputy
Director shall perform such functions as the Director shall from time
to time designate, and shall act as Director during the absence or dis-
ability of the Director or in the event of a vacancy in the office of the
Director."
(d) There are hereby established in the Agency so many new offices,
not in excess of fifteen existing at any one time, and with such title
or titles, as the Director shall from time to time determine. Appoint-
ment thereto shall be under the classified civil service and the com-
pensation thereof shall be fixed from time to time pursuant to the clas-
sification laws, as now or hereafter amended.,
SEC. 2. Transfer of functions.-(a) Subject to subsection (c) of
this section, there are hereby transferred to the Director, 1 the
functions vested in the Secretary of State by Title V of the nited
States Information and Educational Exchange Act of 1948, as
amended, and so much of functions with respect to the interchange
of books and periodicals and aid to libraries and community centers
under sections 202 and 203 of the said Act as is an integral part of
information programs under that Act, together with so much of the
functions vested in the Secretary of State by other provisions of the
said Act as is incidental to or is necessary for the performance of
the functions under Title V and sections 202 and 203 transferred by
122 U. S. C. ? 1461 (note).
2 Salary increased from $17,500 by Federal Executive Pay Act of 1956, Public Law 854,
84th Congress (70 Stat. 736).
a Salary increased from $16,000 by the same Act.
Sec. 12 (c) (21) of the Federal Employees' Salary Increase Act of 1955, Public Law
94, 84th Congress (69 Stat. 183), repealed the following language which originally com-
pleted the subsection "except that the compensation may be fixed without regard to the
numerical limitations on positions set forth' in section 505 of the Classification Act of
1949. as amended (5 U. S. C. 1105)."
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LEGISLATION ON FOREIGN RELATIONS
this section, and (2) functions of the Secretary of State with respect
to information programs relating to Germany and Austria.
(b) Exclusive of so much thereof as is an integral part of economic
or technical assistance programs, without regard to any inconsistent
provision of Reorganization Plan No. 7 of 1953, and subject to sub-
section (c) of this section, functions with respect to foreign informa-
tion programs vested by the Mutual Security Act of 1951, as amended
~in the Director for Mutual Security provided for in section 501 of
the said Act are hereby transferred to the Director.
(c) (1) The Secretary of State shall direct the policy and control
the content of a program, for use abroad, on official United States
positions, including interpretations of current events, identified as
official positions by an exclusive descriptive label.
(2) The Secretary of State shall continue to provide to the Director
on a current basis full guidance concerning the foreign policy of
the United States.
(3) Nothing herein shall affect the functions of the Secretary of
State with respect to conducting negotiations with other governments.
(d) To the extent the President deems it necessary in order to
carry out the functions transferred by the foregoing provisions of
this section, he may authorize the Director to exercise, in relation to
the respective functions so transferred, any authority or part thereof
available by law, including appropriation acts, to the Secretary of
State, the Director for Mutual Security, or the Director of the For-
eign Operations Administration, in respect of the said transferred
functions.
SEC. 3. Performance of transferred functions.- (-a) The Director
may from time to time make such provisions as he shall deem appro-
priate authorizing the performance of any function of the Director
by any other officer, or by any employee or organizational entity, of
the Agency.
(b) Representatives of the United States carrying out the functions
transferred by section 2 hereof in each foreign. country shall be sub-
ject to such procedures as the President may prescribe to assure coor-
dination among such representatives in each country under the leader-
ship of the Chief of the United States Diplomatic Mission.
SEC. 4. Incidental transfers.- (a) So much of the personnel, prop-
erty, records, and unexpended balances of appropriations, allocations,
ana other funds, employed, used, held available, or to be made avail-
able in connection with the functions transferred or vested by this
reorganization plan as the Director of the Bureau of the Budget shall
determine shall be transferred to the Agency at such time or times as
he shall direct.
(b) Such further measures and dispositions as the Director of the
Bureau of the Budget shall deem to be necessary in order to effectuate
the transfers provided for in subsection (a) of this section shall be
carried out in such manner as he shall direct and by such agencies
as he shall designate.
SEC. 5. Interim provisions.-Pending the initial appointment under
section 1 of this reorganization plan of the Director and Deputy
Director, respectively, therein provided for, their functions shall be
performed temporarily, but not for a period in excess of 60 days, by
such officers of the Department of State or the Mutual Security Agency
as the President shall designate.
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4. Executive Order No. 10477
Text of Executive Order No. 10477, August 1,1953,18 F. R. 4540
AUTHORIZING THE DIRECTOR OF THE UNITED STATES INFORMATION
? AGENCY TO EXERCISE CERTAIN AUTHORITY AVAILABLE BY LAW TO TIIE
SECRETARY OF STATE AND THE DIRECTOR OF THE FOREIGN OPERATIONS
ADMINISTRATION
By virtue of the authority vested in me by section 2 (d) of Reorgani-
zation Plan No. 8 of 1953, and as President of the United States, it is
ordered as follows :
SECTION 1. Determination. It is hereby determined that it is neces-
sary, in order to carry out the functions transferred to the Director of
the United States Information Agency (hereinafter referred to as the
Director) by the provisions of subsections (a), (b), and (c) of sec-
tion 2 of the said Reorganization Plan No. 8 of 1953, to authorize the
Director to exercise, in relation to the respective function so trans-
ferred, the authority specified in sections 2 and 3 hereof.
SEC. 2. Authority under the Foreign Service Act and related laws.
(a) Except as provided in section 2 (c) of this order, the Director is
authorized to exercise, with respect to Foreign Service Reserve officers,
Foreign Service staff officers and employees, and alien clerks and em-
ployees employed to perform the said transferred functions, the au-
thority available to the Secretary of State under the Foreign Service
Act of 1946, 60 Stat. 999, as heretofore or hereafter amended, or under
any other provision of law pertaining specifically, or generally aVpli-
cable, to Foreign Service Reserve officers, Foreign Service staff officers
and employees, and alien clerks and employees, including the authority
to prescribe regulations, not inconsistent with applicable laws, inci-
dent to the exercise of such authority. The Director is further author-
ized to exercise in the performance of the said transferred functions
the authority available to the Secretary of State under sections 561 and
562 of the Foreign Service Act of 1946, as amended, and under sections
1021 through 01 thereof.
(b) The prohibitions and requirements contained in sections 1001
through 1005 and section 1011 of the Foreign Service Act of 1946, as
amended, shall be applicable to the personnel of the United States
Information Agency.
(c) There are hereby excluded from the authority granted to the
Director by section 2 (a) of this order the following-described powers
now vested in or delegated to the Secretary of State :
(1) The authority of the Secretary of State to make recommenda-
tions to the President for the commissioning of Foreign Service Re-
serve officers as diplomatic or consular officers, or both, under section
524 of the Foreign Service Act of 1946, as amended, and to make
recommendations for the commissioning of Foreign Service staff offi-
cers or employees as consuls under section 533 of such act, and the
authority of the Secretary to commission Foreign Service staff officers
133
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134 LEGISLATION ON FOREIGN RELATIONS
as vice consuls under the said section 533. The Director may, when-
ever he considers it necessary to carry out the functions transferred to
him by the said Reorganization Plan No. 8 of 1953, request the Secre-
tary of State to recommend to the President that persons employed
under section 2 (a) of this order be commissioned as diplomatic or
consular officers, or both, or to grant such persons diplomatic or consu-
lar commissions, as appropriate.
(2) The authority vested in the President by sections 443 and 901
of the Foreign Service Act of 1946, as amended, which has been dele-
gated to the Secretary of State by Executive Orders Nos. 10,000 and
10,011, and successive amendments thereof to designate places, fix
rates, and prescribe regulations governing, the payment of additional
compensation, known as "foreign post differential", to employees in
foreign areas of executive departments and independent establish-
ments of the United States, and to designate places, fix rates, and pre-
scribe regulations, with respect to civilian employees of the Govern-
ment serving abroad, governing living-quarters allowances, cost-of-
living allowances, and representation allowances.
SEC. 3. authority under various other statutes. The Director is
authorized to exercise the authority available to the Secretary of State
or the Director of the Foreign Operations Administration, as the case
may be under the following-described provisions of law :
(a) The Foreign Service Buildings Act of 1926, as amended (22
U. S. C. 292-300), regarding the acquisition, construction, alteration,
repair, furnishing, exchange, and disposal of buildings and grounds'
in foreign countries.
(b) The act of July 9, 1949 (5 U. S. C. 170a, b, and c), regarding
the transfer, acquisition, use, and disposal of international broadcast-
ing facilities.
(c) The act of August 3, 1950 (19 U. S. C. 1201, par. 1628), regard-
in the importation of sound recordings.
d) The provisions under the first heading "Salaries and Expenses"
of the Department of State Appropriation Act, 1954, regarding (1)
employment of aliens, by contract, for services abroad, (2) purchase
of uniforms, (3) cost of transporting to and from a place of storage
and the cost of storing the furniture and household effects of an
employee of the Foreign Service who is assigned to a post at which
he is unable to use hisfurniture and effects, under such regulations as
the Secretary of State may prescribe, (4) dues for library member-
ship in organizations which issue publications to members only, or-to
members at a price lower than to others, (5) examination of estimates
of appro riations in the field, (6) purchase of ice and drinking water
abroad (7) payment of excise taxes on negotiable instruments abroad,
and (8) procurement, by contract or otherwise, of services, supplies,
and facilities, as follows: (i) maintenance, improvement, and repair
of properties used for international information activities in foreign
countries, (ii) fuel and utilities for Government-owned or leased prop-
erty abroad, and (iii) rental or lease for periods not exceeding ten
years of offices, buildings, ground, and living quarters, and the fur-
nishing of living quarters
nati to officers and employees engaged in inter-
onal information ac ti vities abroad (22 U. S. C. 291).
(e) The provisions of the Department of State Appropriation Act,
1954, regarding (1) exchange of funds for payment of expenses in
connection with the operation of information establishments abroad
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LEGISLA'IOTT ON FOREIGN RELA
without regard to the provisions of section 3651 of the Revised Stat-
utes (31 U. S. C. 543), (section 103 of the General Provisions of the
Department of State Appropriation Act, 1954), (2) payment of travel
expenses outside the continental limits of the United States from funds
available in the fiscal year that such travel is authorized and actually
begins (section 104 of the General Provisions of the Department of
State Appropriation Act, 1954), (3) granting authority to the chief
of each information Field Staff to approve, with the concurrence of
the Chief of Mission, use of Government-owned vehicles for travel
under conditions described in section 105 of the General Provisions
of the Department of State Appropriation Act, 1954, and (4) pur-
chase with foreign currencies for use abroad of passenger motor
vehicles (exclusive of buses, ambulances, and station wagons) at a.
cost not to exceed the equivalent of $2,200 for each vehicle (section.
106 of the General Provisions of the Department of State Appropri-
ation Act, 1954).
(f) Section 202 of the Revised Statutes of the United States (5
U. S. C. 156), so far as it authorizes the Secretary of State to keep the
American public informed about the international information aspects
of the United States foreign affairs.
(g) Section 504 (d) of the Mutual Security Act of 1951, as amended
relating to reduction in personnel), with respect to personnel trans-
ferred from the Mutual Security Agency or the Foreign Operations
Administration to the United States Information Agency.
(h) Section 161 of the Revised Statutes of the United States (5
U. S. C-22) and section 4 of the act of May 26; 1949 (5 U. S. C. 151c),
regarding the promulgation of rules and regulations and the delegation
of authority.
SEc. 4. Effective date. This order shall become effective on Au-
gust 1, 1953.
DWIGHT D. EISENHOWEIR.
THE WHITE HousE, August 1,1953.
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5. Executive Order No. 10522
Text of Executive Order No. 10522, March 26,1954,19 F. R. 1689
AUTHORIZING THE DIRECTOR OF THE UNITED STATES INFORMATION
AGENCY TO CARRY OUT CERTAIN FUNCTIONS OF THE BOARD OF THE
FOREIGN SERVICE
By virtue of the authority vested in me by Chapter III of the Sup-
plemental Appropriation Act of 1954 (Public Law 207, 83rd Con-
gress; 7 Stat. 419), and as President of the United States, it is
ordered as follows :
SECTION 1. The Director of the United States Information Agency
is hereby authorized to carry out the functions of the Board of the
Foreign Service, provided for b the Foreign Service Act of 1946 (60
Stat. 999; 22 U. S. C. 801 et seq.), with respect to personnel appointed
or assigned for service in the United States Information Agency under
the provisions of such Act, as amended : Provided, That nothing herein
contained shall be construed as transferring to the said Director any
function of the said Board relating to any Foreign Service Officer.
SEC. 2. The Director of the United States Information Agency is
hereby authorized to prescribe such regulations and issue such orders
and instructions, not inconsistent with law, as may be necessary or
desirable for carrying out his functions under section 1 of this order.
THE WHITE HOUSE, March 26,1954.
136
DWIGHT D. EISENHOWER.
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6. The International Cultural Exchange and Trade Fair
Participation Act of 19561
Text of Public Law 860, 84th Congress [S. 31161, 70 Stat. 778, approved
August 1, 1956
AN ACT To provide for the promotion and strengthening of international rela-
tions through cultural and athletic exchanges and participation in interna-
tional fairs and festivals.
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 "International Cultural Exchange and Trade Fair
Participation Act of 1956".
Sr-c. 2.' The purpose of this Act is to strengthen the ties which unite
us with other nations by demonstrating the cultural interests, devel-
opments, and achievements of the people of the United States, and the
contributions being made by the United States economic and social
system toward a peaceful and more fruitful life. for its own people
and other people throughout the world; and thus to assist in the
development of friendly, sympathetic, and peaceful relations between
the United States and the other countries of the world.
Snc. 3 e The President is authorized to provide for-
(1) tours in countries abroad by creative and performing
artists and athletes from the United States, individually and in
groups, representing any field of the arts, sports, or any other form
of cultural attainment;
(2) United States representation in artistic, dramatic, musical,
sports, and other cultural festivals, competitions, and like exhibi-
tions abroad ;
(3) United States participation in international fairs and expo-
sitions abroad, including trade and industrial fairs and other pub-
lic or private demonstrations of United States industrial accom-
plishments and cultural attainments: Provided, That in order to
appropriately represent the United States in connection with par-
ticipati on in the Brussels Universal and International Exhibition
to be held at Brussels, Belgium, in 1958, the President is author-
ized to appoint or designate a Commissioner General, by and with
the advice and consent of the Senate, and not to exceed two other
principal representatives, who 'shall receive compensation, allow-
ances, and benefits as determined by the President but not in
excess of that received by a chief of mission at a class 2 post,
V ursuant to the Foreign Service Act of 1946, as amended (22
. S. C. 801) : Provided further, That no officer of the United
States Government who is designated under the foregoing proviso
as Commissioner General or as a principal representative shall
be entitled to receive such compensation; and
'Also rferred to as "The President's Special International Program" In the various
appropriation Acts and popular usage.
22 U. S. C. 11991.
8 22 U. S. C. 11992.
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138 LEGISLATION ON FOREIGN RELATIONS
(4) publicity and promotion (including representation) abroad.
of activities of the type provided for herein.
SEC. 4.4 To the maximum extent feasible (1) private individuals,.
firms, associations, agencies, and other groups shall be encouraged to
make contributions of funds, property, and services (which shall be-
available to carry out this Act) and otherwise to participate in carry-
ing out this Act, and (2) funds appropriated pursuant to section 5,
shall be used to contribute toward meeting the expenses of activities
carried out through normal private channels and by private means.
SEC. 5.6 There are hereby authorized to be appropriated, to remain
available until expended, such sums as may be necessary to carry out.
this Act.
SEC. 6.8 In carrying out this Act, the provisions of title VIII of the
United States Information and Educational Exchange Act of 1948
may be utilized to the extent the President deems necessary.
SEC. 7.7 The President is authorized to provide for all necessary
expenditures involved in the selection, purchase, rental, construction,.
or other acquisition of exhibits and materials and equipment therefor,
and the actual display thereof, including but not limited to costs of
transportation, insurance, installation, safekeeping, and storage,,
maintenance and operation, rental of space, and dismantling.
SEC. 8.8 Whenever the President determines it to be in furtherance of
this Act, the functions authorized hereunder may be performed with-
out regard to such provisions of law or limitations of authority rezu
lating or relating to the making, performance, amendment, or modifi-
cation of contracts, the acquisition and disposition of property, and.
the expenditure of Government funds, as he may specify.
SEC. 9.8 The Presidentshall transmit to the Congress reports cover-
ing each six months of operations under this Act.
SEC. 10.10 (a) There is hereby created an Advisory Committee on,
the Arts (hereinafter in this section referred to as the "Committee"},
consisting of a Chairman selected by the United States Advisory
Commission on Educational Exchange from among its membership
and nine other members appointed by the Secretary of State. In..
making such appointments the Secretary of State shall give due con-
sideration to the recommendations for nomination submitted by lead-
ing national organizations in the major art fields.
(b) The members of the Committee shall be individuals whose
knowledge of or experience in, or whose profound interest in, one or-
more of the arts will enable them to assist the United States Advisory
Commission on Educational Exchange, the President, and the Secre-,
tary of State in performing the functions described in subsection (c)
of this section.
(c) The Committee shall-
(1) advise and assist the United States Advisory Commission.
on Educational Exchange in the discharge of its responsibilities.
in the field of international educational exchange under the United
States Information and Educational Exchange Act of 1948 as,
amended, with special reference to the role of the arts in such,
field;
* 22 U. S. C. 1993.
? 22 U. S. C. 1994.
e 22 U. S. C. 1995.
a 22 U. S. C. 1996.
? 22 U. S. C. 1997.
922 U. S. C. 1998.
22 11. S. C. 4 1999.
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(2) advise, assist, and cooperate with such Commission in the
discharge of responsibilities under the cultural presentations pro-
gram authorized by and financed under this Act, insofar as such
program contributes directly or indirectly to the objectives of the
United States Information and Educational Exchange Act of
1948, as amended;
(3) advise the President in the discharge of his responsibilities
under the cultural exchange program authorized by and financed
under this Act;
(4) advise the Secretary of State concerning cultural activities
whenever the Secretary considers it necessary to enable him to
formulate policies for carrying out the purposes of the United
States Information and Educational Exchange Act of 1948, co-
ordinating the exercise of its functions under this paragraph with
the exercise of its functions under paragraph (1) of this sub-
section; and
(5) provide such other advice and assistance in carrying out
this Act as may be necessary or appropriate.
(d) The term of office of each of the members of the Committee
appointed by the Secretary of State shall be two years; except that
the term of office of four of the members first appointed shall be one
year.
(e) No member of the Committee shall receive any compensation
for his services as such; but each such member shall be paid actual
transportation expenses and paid in lieu of subsistence the per diem
rates prescribed or established pursuant to section 5 of the Administra-
tive Expense Act of 1946, as amended (5 U. S. C. 73b-2), while away
from home in attendance at meetings of the Committee or in consulta-
tion with officials of the Government in carrying out the duties of the
Committee.
(f) Staff and secretarial services for the Committee shall be pro-
vided by the departmental staff of the United States Advisory Corn-
mission on Educational Exchange, with the assistance of the Inter-
national Educational Exchange ?ervice.
SEC. 11.11 The President is authorized to create such interagency
committees as in his judgment may be of assistance in carrying out the
purposes of this Act. Such committees shall include individuals hav-
ing special knowledge and experience in the field of the cultural arts as
well as individuals .whose knowledge and experience in other fields
will assist in carrying out the program established by this Act. The
provisions of section 214 of the Act of May 3, 1945 (59 Stat. 134; 31
U. S. C., sec. 691), shall 'be applicable to any interagency committee
created pursuant to this section.
SEC. 12 12 The cultural program authorized by this Act should in-
clude; to the greatest extent possible, presentations and other activities
in such major art fields as: music, drama, poetry, and dance; new
writing and literature; architecture, landscape architecture, city and
regional planning, civic art and design, historic preservation; housing,
interior design and decoration, and urban renewal and redevelopment;
painting, sculpture, graphic arts, and hand arts and crafts; motion
pictures and photography; and radio and television.
Approved August 1, 1956.
u 22 U. S. C. $ 2000.
22 U. S. C. $ 2001.
3 3 6 41-5 9--10
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7. Executive Order No. 10716
Text of Executive Order No. 10716, June 17, 1957, 22 F. R. 4344
ADMINISTRATION OF THE, INTERNATIONAL CULTURAL EXCHANGE AND
TRADE FAIR PARTICIPATION ACT OF 1956
By virtue of the authority vested in me by the International Cultural
Exchange and Trade Fair Participation Act of 1956 (70 Stat. 778),
by section 301 of title 3 of the United States Code, and as President
of the United States, it is hereby ordered as follows :
SECTION 1. United States Information Agency. (a) Except in
respect of the functions delegated by section 2 (c), or reserved by
section 4, of this order, the Director of the United States Information
Agency shall coordinate the functions provided for in the Interna-
tional Cultural Exchange and Trade Fair Participation Act of 1956
(hereinafter referred to as the Act) and shall be responsible for
advising the President and keeping him informed with respect to the
said functions :
(b) The following-designated functions conferred upon the Presi-
dent by the Act are hereby delegated to the Director of the United
States Information Agency :
(1) The functions so conferred by the provisions of section 3 (2)
of the Act (the provisions of section 2 (pb) of this order notwith-
standing).
(2) The functions so conferred by section 3 (4) of the Act (the
provisions of sections 2 (d) and 3 (b) of this order notwithstanding).
(3) The functions so conferred by section 11 of the Act, except to
the extent that such functions are delegated by section 2 (c) of this
order.
(4) The functions so conferred by section 4, 6, and 7 of the Act to
the extent that they pertain to the functions delegated by the foregoing
provisions of this section.
(c) The Director of the United States Information Agency, with
such assistance of the Department of State and the Department of
Commerce as may be appropriate, shall prepare and transmit to the
President the reports which the President is required to transmit to
the Congress by section 9 of the Act.
(d) The Director of the United States Information Agency shall
consult with the Secretary of State or the Secretary of Commerce, or
both, in connection with the establishment of any interagency com-
mittees under the authority delegated by section 1 (b) (3) of this
order the activities of which will pertain to functions delegated by
section 2 or section 3 of this order or both, respectively.
(e) Funds appropriated or otherwise made available to the Presi-
dent to carry out the purposes of the Act shall be allocated by the
Director of the United States InformationAgency to the Department
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of State as may be necessary to carry out the functions delegated
under section 2 of this order; to the Department of Commerce as may
be necessary to carry out the functions delegated under section 3 of
this order; and to such other departments or agencies of the Govern-
ment as may be deemed necessary to carry out the purposes of the Act.
The agencies to which, fuo.ds are so allocated shall obtain. apportion-
ments thereof directly from the Bureau of the Budget.
ADMINISTRATION OF TRADE FAIR ACT OF 1956
SEC. 2. Department of State. Subject to the provisions of sections
1 (a) and 4 of this order, the following-designated functions con-
ferred upon the President by the Act are hereby delegated to the
Secretary of State:
(a) The functions so conferred by sections 3 (1), 10 (b), and
10 (c) (3) of the Act.
( The functions so conferred by section 3 (2) of the Act (the
provisions of section 1 (b) (1) of this order notwithstanding).
(c) The. functions so conferred by section 3 (3) of the Act to the
extent that they pertain to the Universal and International Exhibi-
tion of Brussels, 1958, together with the functions so conferred by sec-
tion 11 of the Act to the extent that they pertain to the said Exhibition.
(d) The functions so conferred by sections 3 (4), 4, 6, and 7 of the
Act to the extent that they pertain to the functions delegated by the
foregoing provisions of this section.
SEC. 3. Department of Commerce. Subject to the provisions of
sections 1 (a) and 4 of this order, the following-designated functions
conferred upon the President by the Act are hereby delegated to the
Secretary of Commerce.:
(a) The functions so conferred by section 3 (3) of the Act, exclu-
sive of functions pertaining to the Universal and International Ex-
hibition of Brussels, 1958.
(b) The functions so conferred by sections 3 (4), 4, 6, and 7 of
the Act to the extent that they pertain to the functions delegated by
the foregoing provisions of this section.
SEC. 4. Functions reserved to the President. There are hereby ex-
cluded from the functions; delegated by the provisions of this order
the functions conferred upon the President (a) with respect to the
appointment of officers authorized to be appointed by the first pro-
viso of section 3 (3) of the Act, (b) with respect to the transmittal
of periodic reports to the Congress under section 9 of the Act, and
(c) with respect to the waiver of provisions of law or limitations of
authority under section 8 of the Act.
SEC. 5. Procedures for coordination abroad. The provisions of
Part II of Executive Order No. 10575 of November 6, 1954 (19
F. R. 7249), are hereby extended and made applicable to the func-
tions provided for in the Act and to United States agencies and per-
sonnel concerned with the administration abroad of the said functions.
SEC. 6. De f1nition:? As,used in this order, the word "functions"
embraces duties, powers, responsibilities, authority, and discretion.
SEC. 7. Prior directives and actions. This order supersedes the
provisions of the letters of the President to the Director of the
United States Information Agency dated August 16, 1955, and Au-
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142 LEGISLATION ON FOREIGN RELATIONS
gust 21, 1956, and the letter of the President to the Secretary of State
dated December 27, 1956 (22 F. R. 101-103) ; provided that this
order shall not operate to terminate any authority to perform func-
tions without regard to the provisions of law and limitations of
authority specified in those letters. Except to the extent that they
may be inconsistent with law or with this order, other directives,
regulations, and actions relating to the functions delegated by this
order and in force immediately prior to the issuance of this order
shall remain in effect until amended, modified, or revoked by appro-
priate authority.
SEc. 8. Effective date. Without prejudice to anything done under
proper authority with respect to any function under the Act at any
time subsequent to the approval of the Act and prior to the issuance
of this order, the effective date of this order shall be deemed to be the-
date on which the Act was approved.
DwuiHT D. EISENHOWER.
THE WHITE HOUSE, June 17, 1967.
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S. Fulbright Amendment to the Surplus Property Act of 1944, as
amended
'Partial text of Public Law 584, 79th Congress [S. 1636], 60 Stat. 754, approved
August 1, 1946
:;SEC. 2. * * *
b
~~ In carrying out the provisions of this section, the Secretary of
2~
state is authorized to enter into an executive agreement or agree-
ments with any foreign government for the use of currencies, or
credits for currencies, of such government held or available for ex-
,penditure by the United States or any agency thereof including
amounts received in repayment of principal or interest on any loan
made under section 505 (b)2 of the Mutual Security Act of 1954, as
amended (or deposited pursuant to agreements entered into pursuant
to section 115 (b) (6) s and 115 (h) 4 of the Economic Cooperation Act
,of 1948, as amended),' and not required by law or agreement with
such government to be expended or used for any other purpose,, for
the purpose of providing, by the formation of oundations or other-
wise, for (A) financing studies, research, instruction, and other educa-
tional activities of or for American citizens in schools and institutions
of higher learning located in such foreign country, or of the citizens of
such foreign country in American schools and institutions of higher
1 50 U. S. C. App. ? 1641 (b) (2).
22 U. S. C. ? 1757 (b).
? Formerly 22 U. S. ? 1518 (b (6).
a Formerly 22 U. S. C. ? 1513 (h).
The Economic Cooperation Act of 1948, as amended, was repealed by sec. 542 (a) of
the Mutual Security Act of 1954. Sec. 115 (b) (6) and Sec. 115 (h) were replaced by
sec. 142 (b) of the Mutual Security Act of 1954, as amended, which provides :
` (b) In cases where any commodity is to be furnished on a grant basis under this title
under arrangements which will result in the accrual of proceeds to the recipient nation from
the import or sale thereof, such assistance shall not be furnished unless the recipient nation
shall have agreed to establish a Special Account, and
"(I) deposit in the Special Account, under such terms and conditions as may be
agreed upon, currency of the recipient nation in amounts equal to such proceeds ;
"(ii) make available to the United States such portion of the Special Account as
may be determined by the President to be necessary for the requirements of the United
States : Provided, That such portion shall not be less than 10 per centum in the case
of any country to which such minimum requirement has been applicable under any Act
repealed by this Act ; and
" (iii) utilize the remainder of the Special Account for programs agreed to by the
United States to carry out the purposes for which new funds authorized by this Act
would themselves be available ;
Provided, That if amounts in such remainder exceed the requirements of such programs,
the recipient nation may utilize such excess amounts for other purposes agreed to by the
United. States which are consistent with the foreign policy, of the United States: Provided
further, That such utilization of such excess amounts in all Special Accounts shall not
exeed the equivalent of $4,000,000.
"Any nencumbered balances of funds which remain in the Account upon termination
of assistance to such nation under this Act shall be disposed of for such purposes as may,
subject to approval by the Act or Joint resolution of the Congress, be agreed to between
such country and the Government of the United States.
"Sec. 542 (b) of the Mutual Security Act of 1954, as amended, provides :
"References in other Acts to the Acts listed in subsection (a), shall hereafter be con-
sidered to be references to the appropriate provisions of this Act."
$ This provision was amended by sec. 11 of the Mutual Security Act of 1952 and, sec. 11
(a) of the Mutual Security Act of 1956, which amended sec. 544 of the Mutual Security
Act of 1954. These amendments inserted "held or available * * * for any other purpose"
In lieu of "acquired as a result of such surplus property disposals".
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144 LEGISLATION ON FOREIGN RELATIONS
learning located outside the continental United States, Hawaii, Alaska
(including the Aleutian Islands), Puerto Rico, and the Virgin Islands.
including payment for transportation, tuition, maintenance, and other
expenses incident to scholastic activities; or (B) furnishing trans-
portation for citizens of such foreign country who desire to attend
American schools and institutions of higher learning in the continen-
tal United States, Hawaii, Alaska (including the Aleutian Islands),
Puerto Rico, and the Virgin Islands, and whose attendance will not
deprive citizens of the United States of an opportunity to attend
such schools and institutions : Provided, however, That no such agree-
ment or agreements shall provide for the use of an aggregate amount
of the currencies, or credits for currencies, of any one country in
excess of $20,000,000 or for the expenditure of the currencies, or
credits for currencies, of any one foreign country in excess of $1,000,-
000 annually at the official rate of exchange for such currencies, unless
otherwise authorized by Congress, nor shall any such agreement
relate to any subject other than the use and expenditure of such
currencies or credits for currencies for the purposes herein set forth
Provided further, That for the purpose of selecting students and
educational institutions qualified to participate in this program, and
to supervise the exchange program authorized herein, the President
of the United States is hereby authorized to appoint a Board of
Foreign Scholarships, consisting of ten members, who shall serve
without compensation, composed of representatives of cultural, edu-
cational, student and war veterans groups, and including representa-
tives of the United States Office of Education, the United States
Veterans' Administration, State educational institutions, and pri-
vately endowed educational institutions: And provided further,
That in the selection of American citizens for study in foreign coun-
tries under this paragraph preference shall be given to applicants
who shall have served in the military or naval forces of the United
States during World War I or World War II, and due consideration
shall be given to applicants from all geographical areas of the
United States. The Secretary of State shad transmit to the Con-
gress not later than the 1st day of March of each year a report of
operations under this paragraph during the preceding calendar year.
Such report shall include the text of any agreements which have been
entered into hereunder during the preceding calendar year, and shall
specify the names and addresses of American citizens who are at-
tending schools or institutions of higher learning in foreign coun-
tries pursuant to such agreements, the names and locations of such
schools and institutions, and the amounts of the currencies or credits
for currencies expended for any of the purposes under this paragraph
in each such foreign country during the preceding calendar year.
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9. Agricultural Trade Development and Assistance Act of 1954,
as amended
Partial text (sec. 104 (h), (i), (j), (o)), Public Law 480, 83d Congress [S. 2475],
68 Stat. 454, approved July 10, 1954
Snc. 104.E Notwithstanding section 1415 of the Supplemental Ap-
propriation Act, 1953,2 or any other provision of law, the President
may use or enter into agreements with friendly nations or organiza-
tions of nations to use the foreign currencies which accrue under this
title for one or more of the following purposes :
(h) For the financing of international educational exchange activi-
ties under the programs authorized by section 32 (b) (2) of the
Surplus Property Act of 1944, as amended (50 U. S. C. 1641 (b) ),
and for the financing in such amounts as may be specified from time to
time in appropriation acts of programs for the interchange of persons
under title II of the United States Information and Educational Ex-
change Act of 1948, as amended (22 U. S. C. 1446).'
In the allocation of funds as among the various purposes set forth in
this section a special effort shall be made to provide for the purposes
of this subsection, including a particular effort with regard to :
(1) countries where adequate funds are not available from other
sources for such purposes, and (2) countries where agreements can
be negotiated to establish a fund with the interest and principal avail-
able over a period of years for such purposes,4 such special and par-
ticular effort to include the setting aside of such amounts from sale
proceeds and loan repayments under this title, not in excess of $1,000,-
000 a year in any one country for a period of not more than five years
in advance, as may be determined by the Secretary of State to be
required far the purposes of this subsection ; s
(i) For financing the translation, publication, and distribution of
books and periodicals, includin Government publications, abroad:
Provided, That not more than g$5,000,000 may be allocated for this
purpose during any fiscal year;
(3) For providing assistance to activities and projects authorized by
section 203 of the United States Information and Educational Ex-
change Act of 1948, as amended (22 U. S. C. 1448), but no foreign
currencies which are available under the terms of any agreement for
17 U. S. C. ? 1704.
31 U. S. C.?724.
See. 3 (a) of the act to extend and amend. the Agricultural 'Trade Development and
Assistance Act. of 1954 (Public Law 85-931, 85th Cong.) added "and for the financ-
ing * * * (22 U. S. C.'14411)"
, See. 11 (a) of the Mutual Security Act of 1956 (Public Law 726, 84th Cong.) amended
sec. 544 of the Mutual Security Act of 1954 (Public Law 665, 83d Cong.) by adding to
sec. 104 (d) "in the allocation * * * for such purposes".
5 Sec. 11 (b) of the Mutual Security Act of 1957 (Public Law 85-141, 85th Cong.)
amended sec. 544 of the Mutual Security Act of 1954 by adding to sec. 104 (h) : "such
special and particular effort to include * * * for the purposes of this subsection".
6 Sec. 11 (a) of the Mutual Security Act of 1956 amended sec. 544 of the Mutual Security
Act of 1954 by adding this subsection.
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appropriation for the general use of the United States shall be used
for the purposes of this subsection (j) without appropriation therefor.?
(o) For providing assistance, in such amounts as may be specified
from time to time in appropriation acts, by grant or otherwise, in
the expansion or operation in foreign countries of established schools,
-colleges, or universities founded or sponsored by citizens of the United
States, for the purpose of enabling such educational institutions to
carry on programs of vocational, professional scientific, technological,
,or general education; and in the supporting oy workshops in American
studies or American educational techniques, and supporting chairs
in American studies : 8
* *
v Added by sec. 2 of Public Law 962, 84th Cong.
e Sec. 3 (b) of the act to amend and extend the AgriculturalTrade Development and
Assistance Act of 1954 (Public Law 85-931, 85th Cong.) added subset. (o).
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10. Mutual Security Act of 1954, as amended
Partial text (sec. 417 and 514) of Public Law 665, 83d Congress [H. R. 9678], 68
Stat. 832, approved August 26, 1954
SEC. 417.1 IRISH CouNTERPART.-Pursuant to section 115 (b) (6)
of the Economic Cooperation Act of 1948, as amended, the disposi-
tion within Ireland of the unencumbered balance, in the amount of
approximately 6,000,000 Irish pounds, of the special account of Irish
funds established under article IV of the Economic Cooperation
Agreement between the United States of America and Ireland, dated
June 28, 1948, for the purposes of-
(1) scholarship exchange between the United States and Ire-
land;
(2) other programs and projects (including the establish-
ment of an Agricultural Institute) to improve and develop the ag-
ricultural production and marketing potential of Ireland and
to increase the production and efficiency of Irish industry; and
(3) development programs and projects in aid of the fore-
going objectives, is hereby approved, as provided in the agree-
ment between the Government of the United States of America
and the Government of Ireland, dated June 17, 1954.
* * * * * * *
SEC. 514.2 INTERNATIONAL EDUCATIONAL EXCHANGE ACTIVITIES.--
Foreign currencies or credits owed to or owned by th
e United States,
t 0 n e ue t
where arising from this Act or otherwise, shall, up a request from
on
the Secretary of State certifying that such funds are required for-
he purpose of intrnatioal daional exchange activities under
programs authorized by section 32 (b) (2) of the Surplus Property
Act of 1944, as amended, be reserved by the Secretary of the Treasury
for sale to the Department of State for such activities on the basis of
the dollar value at the time of the reservation.
1 22 U. S. C. ? 1937.
222 U. S. C. 11766.
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11. Act Making Finnish World War I Debt Payments Available for
Exchange of Persons and Materials Between the United States
and Finland
Text of Public Law 265, 81st Congress [S. J. Res. 31, 63 Stat. 630, approved
August 24, 1949
JOINT RESOLUTION To provide that any future payments by the Republic of
Finland on the principal or interest of its debt of the I irst World War to the
United States shall be used to provide educational and technical instruction
and training in the United States for citizens of Finland and American books
and technical equipment for institutions of higher education in Finland, and
to provide opportunities for American citizens to carry out academic and
scientific enterprises in Finland.
Whereas the Republic of Finland alone among our debtors of the
First World War has consistently made payments of principal and
interest toward the retirement of its indebtedness to the United
States; and
Whereas it is deemed proper, as an act of abiding friendship and good
will which the people of the United States hold for the people of
Finland, to provide that any further payments on its World War I
debt by the Republic of Finland shall be held in it special deposit
account for such use as will advance and strengthen the close ties of
friendship which bind together our two peoples : Now, therefore, be
it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,' That any sums due or paid
on and after the date of enactment of this joint resolution by the
Republic of Finland to the United States as interest on or in retire-
ment of the principal of the debt incurred under the Act of February
25, 1919, as refunded by the agreement dated May 1, 1923, pursuant
to authority contained in the Act of February 9, 1922, or of any other
indebtedness incurred by that republic and owing to the United
States as a result of World War I, shall be placed in a special deposit
account in the Treasury of the United States, to remain available until
expended. This account shall be available to the Department of State
to finance by contract, grant, or otherwise-
(a) studies, instruction, technical training, and other educational
activities in the United States and its Territories and possessions (1)
for students, professors, other academic persons, and technicians who
are citizens of the Republic of Finland and, (2) with the approval
of appropriate agencies, institutions, or organizations in Finland, for
students, professors, other academic persons, and technicians who are
citizens of the United States to participate in similar activities in
Finland, including in both cases travel expenses, tuition, subsistence,
and other allowances and expenses incident to such activities; and
1 20 U. S. C. 222.
148
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(b) the selection, purchase, and shipment of (1) American scientific,
technical, and scholarly books and books of American literature for
higher educational and research institutions of Finland, and (2)
American laboratory and technical equipment for higher education
and research in Finland, and 3) the interchange of similar Finnish
materials and equipment for higher education and research in the
United States.
SEO. 2.2 The Secretary of State is hereby authorized to carry out
the purposes of this joint resolution in accordance with the appli-
cable provisions of the United States Information and Educational
Exchange Act of 1948 (Public Law 402, Eightieth Congress).
SEC. W9 Disbursements from the special deposit account shall be
made by the Division of Disbursement of the Treasury Department,
upon vouchers duly certified by the Secretary of State or by author-
ized certifying officers of the Department of State.
z 20 U. S. C. 223.
s 20 U. S. C. 224.
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12. India Emergency Food Aid Act of 1951
Partial text (sec. 7) of Public Law 48, 82d Congress [S. 872], 65 Stat. 69,
approved June 15,1951
SEC. 7.1 (a) Any sums payable by the Government of India, under
the interest terms agreed to between the Government of the United
States and the Government of India on or before January 1, 1957,.
as interest on the principal of any debt incurred under this Act, and
not to exceed a total of $5,000,000, shall when paid, be placed in a
special deposit account in the Treasury ot! the United States, notwith-
standing any other provisions of law, to remain available until ex-
pended. This account shall be available to the Department of State
for the following uses :
(1) Studies, instruction, technical training, and other educa-
tional activities in the United States and in its Territories or
possessions (A) for students, professors, other academic persons,
and technicians who are citizens of India, and (B) with the ap-
proval of appropriate agencies, institutions, or organizations in
India, for students, professors, other academic persons, and tech-
nicians who are citizens of the United States to participate in
similar activities in India, including in both cases travel expenses,
tuition, subsistence and other allowances and expenses incident to
such activities; and (2) The selection, purchase, and shipment
of (A) American scientific, technical, and scholarly books and
books of American literature for higher educational and research
institutions of India, (B) American laboratory and technical
equipment for higher a ucation and research in India, and (C)
the interchange of similar materials and equipment from India
for higher education and research in the United States.
(b) Funds made available in accordance with the provisions
stated above may be used to defray costs of administering the pro-
gram authorized herein. '
(c) Disbursements from the special deposit account shall be made
by the Division of Disbursement of the Treasury Department, upon
vouchers duly certified by the Secretary of State or by authorized
certifying officers of the Department of State.
* * * * * *
150 U. S. C. App. ? 2316.
150
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13. Convention for the Promotion of Inter-American Cultural
Relations 1
Text of the Convention for the Promotion of Inter-American Cultural Rela-
tions, 51 Stat. 178, Treaties and Other International Acts Series 3936; Signed
at Caracas March 28, 1954; 2 Entered Into Force February 18, 1955; Ratifica-
tion Advised by the Senate August 8, 1857; Proclaimed by the President
November 5, 1957
The governments represented at the Tenth Inter-American
Conference,
CONSIDERING :
That greater knowledge and understanding of the peoples and
the institutions of the countries members of the Organization of
American States will contribute to the realization of the purposes
for which the Conference was convened; and
That, among the suitable means for attaining this and, are the
exchange of professors, teachers, and students among the Amer-
ican countries and the encouragement of closer relationships
among the unofficial agencies that exert an influence on the
formation of public opinion,
Reso7ive:
To revise the text and strengthen the spirit of the Convention
for the Promotion of Inter-American Cultural Relations, con-
cluded at Buenos Aires in 1936, and to that end agree on the
following articles :
Every year each government shall award one or more fellowships,
insofar as it may be able to do so, for the ensuing scholastic year,
which may be granted to graduate students or to teachers or to other
persons with equivalent qualifications from each of the other Member
States. The recipients shall be chosen in accordance with the pro-
cedure established in Article 4 of this Convention. Notwithstanding
the foregoing, each government may award a greater number of
fellowships for study if this has been provided in other international
agreements or otherwise.
ARTICLE 2
Each fellowship shall include, through such agency as may be
deemed appropriate, tuition in an institution of higher learning
designated by the country awarding the fellowship, as well as text-
books, working materials, and, in addition, a monthly allowance to
cover lodging, subsistence, and other necessary additional expenses.
The expenses of traveling to the designated institution and those of
1 This convention is a revision of the 1936 Convention for the, Promotion of Inter-Amert-
can Cultural Relations (51 Stat. 175).
9 Signed,_ on behalf of all of the American Republics except Costa Rica, which signed
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LEGISLATION ON FOREIGN RELATIONS
returning to the country of origin and, in addition, an amount for
incidental travel expenses during the journey shall be borne by the
recipent or by the nominating government.
Each government shall notify the others of the fields of study in
which it is prepared to award fellowships at least one month.before
the period referred to' in the following arti for the transmission of
the panels of candidates.
The fellowships referred to in Article 1 shall be awarded after the
governments concerned exchange panels of names in the following
manner :
Each government shall send to each of the other governments, at
least 6 months before the opening of the scholastic year in the host
country, unless otherwise agreed upon by the interested governments,
a panel containing the. names of caV.dadates of the categories referred
to in Article 1, together with the information regarding each that the
government awarding the fellowships deems necessary. The panel
shall contain a sufficient number of names to permit the country
awarding the fellowships to choose from among the candidates.
The latter country shall announce the award of the fellowships and
the names of the successful candidates to the nominating government
at least 3 months before the opening of the scholastic year.
A candidate's name shall not appear on the panels more than twice.
The fellowships shall be awarded for one year, but may be extended
for a second year and, in exceptional cases, for a third. No govern-
ment shall be obliged to consider the panel of names of candidates
proposed by any other government if it has not been presented in
accordance with the schedule indicated.
If for any reason it becomes necessary to repatriate the recipient of
a fellowship, the government awarding the fellowship may effect the
repatriation at the expense of the nominating government.
Any of the high Contracting Parties which may be interested in
obtaining the services of professors or specialists from other countries
and which has not chosen specific individuals may do so through the
services of the Pan American Union. The Pan American Union will
forward the request to the other countries and will send their replies
to the interested country within three months, the latter country then
choosing from. among the candidates suggested.
Visiting professors or specialists shall devote themselves to the du-
ties for which they have been specifically engaged.
The government that is sending the professors or specialists shall
provide the expenses of travel of each to the seat of the institution to
which he has been appointed, and of return to the country of origin.
Each government shall take the necessary measures for visiting
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professors or specialists to receive a salary commensurate with the
duties which are assigned to them. The government of the country
from which the professor or specialist comes shall compensate him for
any unfavorable difference between the salary which he is to receive
in the host country and that which he has been receiving in the coun-
try from which he comes. However, in specific cases, the governments
concerned may make other arrangements.
The High Contracting Parties will encourage, in other ways, es-
pecially during vacation periods, the exchange, for cultural purposes,
of teachers, artists, students, and other persons engaged in the pro-
fessions, between their respective countries.
Each government shall designate or create an appropriate organ, or
appoint a. special officer, to have responsibility for carrying out the
obligations' assumed by virtue of this Convention.
Authenticated copies of the regulations issued by each of the High
Contracting Parties to facilitate compliance with this Convention
shall be sent to the other High Contracting Parties and to the Pan
American Union.
The High Contracting Parties shall transmit annually to the Pan
American Union a report enumerating the persons to whom fellow-
ships have been awarded by the governments in accordance with the
terms of this Convention. The report shall indicate the nationality
of the recipients and the amount of money and the type of assistance
which they have received.
This report should likewise include information with regard to per-
sons who have come from other American States and are pursuing
university or similar studies in. accordance with other exchange-of-
persons programs or at their own expense.
The reports referred to above should also include information re-
gardin oY professors and specialists.
The Y'an Americain Union shall compile the reports received tinder
this Article for the information of the High Contracting Parties.
ARTICLE 11
The High Contracting Parties declare that this Convention is moti-
vated by the highest principles of cooperation, the extent of the inter-
change depending upon the circumstances peculiar to each country.
This Convention does not affect similar understandings which have
been entered into previously by the High Contracting Parties, nor
does it exclude the possibility of their entering into other such under-
standings in the future.
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ARTICLE 13
This convention shall remain open for signature by the States
Members of the Organization of American States and shall be ratified
by the signatory States in accordance with their respective constitu-
tional procedures.
The original instrument, the English, French, Portuguese, and
Spanish texts of which are equally authentic, shall be deposited with
the Pan American Union, which shall transmit certified copies thereof
to the governments for purposes of ratification. The instruments of
ratification shall be deposited with the Pan American Union, which
shall notify the signatory States of such deposit.
This Convention shall enter into force between the States that ratify
it in the order in which they deposit their respective instruments of
ratification.
This Convention shall remain in force indefinitely, but may be de-
nounced by any of the signatory States upon one year's notice, at the
end of which it shall cease to be in force with respect to the denouncing
State, remaining in force for the other signatory States. The denun-
ciation shall be communicated to the Pan American Union, which shall
notify the other signatory States of it.
IN WITNESS wKEREor, the undersigned Plenipotentiaries whose full
powers have been presented and found to be in good and due form,
sign this Convention, on behalf of their respective Governments, at
the city of Caracas, on March twenty-eight, nineteen hundred and
fifty-four.
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C. SURPLUS AGRICULTURAL COMMODITIES
1. Agricultural Trade Development and Assistance Act of 1954,
as Amended
Text of Public Law 480, 83d Congress [S. 2475], 68 Stat. 454, approved July 10,
1954, as amended by P. L. 25, 84th Congress [S. 7521, 69 Stat. 44, April 25, 1955;
P. L. 387, 84th Congress [S. 22531, 69 Stat. 721, August 12, 1955; P. L. 540, 84th
Cong. [H. R. 10875], 70 Stat. 188, May 28, 1956; P. L. 962, 84th Cong. [S. 3903]
70 Stat. 988, August 3, 1956; P. L. 726, 84th Cong. [H. R. 113561, 70 Stat. 555,
July 18, 1956; P. L. 85-128 [S. 1314], 71 Stat. 345, August 13, 1957; P. L. 85-447
[H. R. 12181], 72 Stat. 261, June 30, 1958; and P. L. 85-931 [S. 3420], 72 Stat.
1790, Sept. 6, 1958.
AN ACT To increase the consumption of United States agricultural commodities
in foreign countries, to improve the foreign relations of the United States, 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 "Agricultural Trade Development and Assistance Act
of 1954."
SEC. 2.1 It is hereby declared to be the policy of Congress to expand
international trade among the United States and friendly nations, to
facilitate the convertibility of currency, to promote the economic sta-
bility of American agriculture and the national welfare, to make maxi-
mum efficient use of surplus agricultural commodities in furtherance
of the foreign policy of the United States, and to stimulate and facil-
itate the expansion of foreign trade in agricultural commodities pro-
duced in the United States by providing a means whereby surplus
agricultural commodities in excess of the usual marketings of such
commodities may be sold through private trade channels, and foreign
currencies accepted in payment therefor. It is further the policy to use
foreign currencies which accrue to the United States under this Act to
expand international trade, to pay United States obligations abroad,
to promote collective strength, and to foster in other ways the foreign
policy of the United States.
TITLE I-SALES FOR FOREIGN CURRENCY 2
SEC. 1013 In furtherance of this policy, the President is authorized
to negotiate and carry out agreements with friendly nations or organi-
1 7 IT. S. C. ? 1691.
3 Sec. 3, Public Law 962, 84th Congress [S. 3903], 70 Stat. 988, approved August 3,
1956, reads as fo'[lows :
"Sales of fresh fruit and the products thereof under title I of the Act shall be exempt
from the requirements of the cargo preference laws (public Resolution 17, Seventy-third
Congress (15 U. S. C. 616a) and section 901 (b) of the Merchant Marine Act, 1936 (46
U. S. C. 1241 (b)) '
7 U. S. C. ? This Title succeeded see. 550 of the Mutual Security Act of 1951 which
authorized sales for foreign currency as follows : 11 (a)~ Not less than $100,000,000 and not
more than $250,000,000 of the funds authorized to be appropriated under this Act, shall be
used, directly or indirectly, to finance the purchase of surplus agricultural commodities, or
products thereof, into agreements with friendly countries for States. ssaleband export of such surplus authorized
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LEGISLATION ON FOREIGN RELATIONS
zations of friendly nations to provide for the sale of surplus agricul-
tural commodities for foreign currencies. In negotiating such agree-
ments the President shall-
() take reasonable precaution to safeguard usual marketings
of the United States and to assure that sales under this Act will
not unduly disrupt world prices of agricultural commodities or
normal patterns of commercial trade with friendly countries; 4
(b) take appropriate steps to assure that private trade channels
are used to the maximum extent practicable both with respect to
sales from privately owned stocks and from stocks owned by the
Commodity Credit Corporation;
W give special consideration to utilizing the authority and
funds provided by this Act, in order to develop and expand con-
tinuous market demand abroad for agricultural commodities, with
ap ropriate emphasis on underdeveloped and new market areas;
(pd) seek and secure commitments from participating countries
that will prevent resale or transshipment to other countries, or
use for other than domestic purposes, of surplus agricultural com-
modities purchased under this Act, without specific approval of
the President; and
(e) afford any friendly nation the maximum opportunity to
urchase surplus agricultural commodities from the United
tates, taking into consideration the opportunities to achieve the
declared policy of this Act and to make effective use of the foreign
currencies received to carry out the purposes of this Act.
SEC. 102.5 (a) For the purpose of carrying out agreements con-
cluded by the President hereunder, the Commodity Credit Corpora-
tion, in accordance with regulations issued by the President pursuant
to subsection (b) of this section, (1) shall make available for sale here-
under to domestic exporters surplus agricultural commodities hereto-
fore or hereafter acquired by the Cor oration in the administration
of its price-support operations, and (2) shall make funds available to
commodities under conditions negotiated by him with such countries and to accept in pay-
ment therefor local currency for the account of the United States. In negotiating agree-
ments for the sale of such commodities, the President shall-(1) take special precaution to
safeguard against the substitution or displacement of usual marketings of the United
States or friendly countries, and to assure to the maximum extent practicable that sales
prices of such commodities are consistent with maximum world market prices of like com-
modities of similar quality, and to obtain the recommendations of the Secretary of Agri-
culture in carrying out the provisions of this subsection; (2) use private trade channels
to the maximum extent practicable; (3) give appropriate emphasis to underdevelopedand
new market areas; (4) obtain assurance that the purchasing countries will not resell or
transship to other countries or use for other than domestic consumption commodities pur-
chased under this program without specific approval by the President. (c) Notwithstand-
ing section 1415 of the Supplemental Appropriation Act, 1953, or any other provision of law,
the President shall use the proceeds of such sales for the purpose of this Act, giving particu-
lar regard to the following purposes-(1) For providing military assistance to countries
or mutual defense organizations elegible to receive assistance under this Act; (2) for pur-
chase of goods or services in friendly countries ; (3) for loans, under applicable provisions
of this Act, to increase production of goods or services, including strategic materials, needed
in any country with which an agreement was negotiated, or 1n other friendly countries,
with the authority to use currencies received in repayment for the purposes stated in this
section or for deposit to the general account of the Treasury of the United States.; (4) for
developing new markets on a mutually beneficial basis; (5) for grants-in-aid to increase
production for domestic needs in friendly countries; (6) for purchasing materials for
United States stockpiles. (d) In carrying out the provisions of this section the President
shall take special precaution to safeguard against the displacement of foreign exchange
earnings which would otherwise accrue to the United States orany friendly nations. (e)
The President is authorized to enter into such agreements with third countries receiving
goods accruing from the proceeds of sales made pursuant to this section as he deems neces-
sary to eiCectuate thepurpose of this Act." See sec. 502 of the Mutual Security Act of
1954 as amended, pages 35-36.
' The words "or normal patterns of commercial trade with friendly countries ;" added by
P. L. 85-931 [S. 3420], 72 Stat. 1790.
6 7 U. S. C. ? 1702.
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LEGISLATION ON FOREIGN RELATIONS 157
finance the sale and exportation of surplus agricultural commodities,
whether from private stocks or from stocks of the Commodity Credit
Corporation. In supplying such commodities to exporters under this
subsection the Commodity Credit Corporation shall not be-subject to
the sales price restrictions in section 407 of the Agricultural Act of
1.949, as amended.6 The commodity set-aside established for any com-
modity under section 101 of the Agricultural Act of 1954 (68 Stat.
897) 7 shall be reduced by a quantity equal to the quantity of such com-
modity financed hereunder which is exported from private Stocks.'
(b) In order to facilitate and maximize the use of private channels
of trade in carrying out agreements entered into pursuant to this At,
the President may, under such regulations and subject to such safe-
guards as he deems appropriate, provide for the issuance.of letters of
commitment against funds or guarantees of funds supplied by the
Commodity Credit Corporation and for this purpose accounts may be
established on the books of any department, agency, or establishment
of the Government, or on terms and conditions approved by the Sec-
retary of the Treasury in banking institutions in the United States.
Such letters of commitment, when issued shall constitute obligations
of the United States and moneys due or to become due thereunder shall
be assignable under the Assignment of Claims Act of 1940.8 Expendi-
tures of funds which have been made available through accounts so
established shall be accounted for on standard documentation required
for expenditures of Government funds.
SEC. 10310 (a) For the purpose of making payment to the Coin-
modity Credit Corporation to the extent the Commodity Credit
Corporation is not reimbursed under section 105 for commodities dis-
posed of and costs incurred under titles I and II of this Act, there
are hereby authorized to be appropriated such sums as are equal to
(1) the Corporation's investment in commodities made available for
export under this title and title II of this Act, including processing,
packaging, transportation, and handling costs, (2) all costs incurred
by the Corporation in snaking funds available to finance the exporta-
tion of surplus agricultural commodities pursuant to this title and,
(3) all Commodity Credit Corporation funds expended for ocean
freight costs authorized under title II hereof for purposes of section
416 of the Agricultural Act of 1949, as amended1? Any funds or
other assets available to the Commodity Credit Corporation may be
0 7 U. S. C. ? 1427.
v 7 U. S. C. 1741.
s This subsection was revised by Public Law 25, 84th Congress [S. 752], 69 Stat. 44,
approved April 25, 1955. It formerly read as follows :
For the purpose of carrying out agreements concluded by the President hereunder, the
Commodity Credit Corporation, in accordance with regulations issued by the President
pursuant to subsection (b) of this section, (1) shall make available for sale hereunder at
such points in the United States as the President may direct surplus agricultural commodi-
ties heretofore or hereafter acquired by the Corporation in the administration of its price
support operations, and (2) shall make funds available to finance the sale and exportation
of surplus agricultural commodities from stocks owned by the Corporation or pledged or
mortgaged as security for price support loans or from stocks privately owned if the Cor-
poration is not in a position to supply the commodity from its owned stocks : Provided,
That to facilitate the use of private trade channels the Corporation, even though it is in a
position to supply the commodity, may finance the sale and exportation of privately owned
stocks if the Corporation's stocks are reduced through arrangements whereby the private
exporter acquires the same commodity of comparable value or quantity from the Commodity
Credit Corporation. In supplying commodities to private exporters under such arrange-
ments Commodity Credit Corporation shall not be subject to the sales price restriction
in section 407 of the Agricultural Act of 1949, as amended."
931U. S. C. ?203;41U. S. C. ?15.
Y0 7 U. S. C. ? 1703.
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LEGISLATION ON FOREIGN RELATIONS
used in advance of such appropriation or payments, for carrying
out the purposes of this Act.
(b)11 Agreements shall not be entered into under this title during
the period beginning July 1, 1958, and ending December 31, 1959,
which will call for appropriations to reimburse the Commodity Credit
Corporation, pursuant to subsection (a) of this section, in amounts
in excess of 2,250,000,000, plus any amount by which agreements
entered into in prior fiscal years have called or will call for appropria-
tions to reimburse the Commodity Credit Corporation in amounts
less than authorized for such prior fiscal years by this Act as in effect
during such fiscal years.
SEC. 104.12 Notwithstanding section 1415 of the Supplemental Ap-
propriation Act, 1953,13 or any other provision of law, the President
may use or enter into agreements with friendly nations or organiza-
tions of nations to use the foreign currencies which accrue under this
title for one or more of the following purposes :
(a) To help develop new markets for United States agricul-
tural commodities on a mutually benefiting basis ;
(b) To purchase or contract to purchase strategic and critical
materials, within the applicable terms of the Strategic and
Critical Materials Stockpile Act,14 for a supplemental United
States stockpile of such materials as the President may de-
termine from time to time under contracts, including advance
payment contracts, for supply extending over periods up to ten
years. All strategic and critical materials acquired under au-
thority of this title shall be placed in the above named supple-
mental stockpile and may be additional to the amounts acquired
under authority of the Strategic and Critical Materials Stockpile
Act. Materials so acquired shall be released from the supple-
mental stockpile only under the provisions of section 3 of the
Strategic and Critical Materials Stockpile Act.15
(c) 'Yo procure military equipment, materials, facilities, and
services for the common defense ;
(d) For financing the purchase of goods or services for other
friendly countries;
(e) For promoting balanced economic development and trade
among nations, for which purposes not more than 25 per centum
of the currencies received pursuant to each such agreement shall
be available through and under the procedures established by the
Export-Import Bank for loans mutually agreeable to said bank
and the country with which the agreement is made to United
States business firms and branches, subsidiaries, or affiliates of
such firms for business development and trade expansion in such
countries and for loans to domestic or foreign firms for the estab-
lishment of facilities for aiding in the utilization, distribution, or
11 This section amended by Public Law 85-931. It formerly read as follows :
"Transactions shall not be carried out under this title which will call for appropria-
tions to reimburse the Commodity Credit Corporation, pursuant to subsection (a) of this
section, in amounts in excess of $4,000,000,000. This limitation shall not be apportioned
by year or by country, but shall be considered as an objective as well as a limitation,
to be reached as rapidly as possible so long as the purposes of this Act can be achieved
within the safeguards established."
7U.S.C.?1704.
11 For text, see page 74.
14 50 U. S. C. 98 note.
15 50 U. S. C. ? 98b.
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LEGISLATION ON FOREIGN RELATIONS 159
otherwise increasing the consumption of, and markets for, United
States agricultural products : Provided, however, That no such
loans shall be made for the manufacture of any products to be
exported to the United States in competition with products pro-
duced in the United States or for the manufacture or production
of any commodity to be marketed in competition with United
States agricultural commodities or the products thereof. Foreign
currencies may be accepted in repayment. of such loans."
(f) To pay United States obligations abroad ;
(g) For loans to promote multilateral trade and economic de-
velopr lent, inade through established banking facilities of the
friendly nation from which the foreign currency was obtained or
in any other manner which the President may deem to be appro-
priate. Strategic materials, services, or foreign currencies may
be accepted in payment of such loans;
(h) For the financing of international educational exchange
activities under the programs authorized by section 32 (b) (2) of
the Surplus Property Act of 1944, as amended (50 U. S. C App.
1641 (b) ) and for the financing in such amounts as may be speci-
fied from time to time in appropriation acts of programs for the
interchange of persons under title II of the United States Infor-
mation and Educational Exchange Act of 1958, as amended (22
IT. S. Cl. 1446).17 In the allocation of funds as among the various
purposes set forth in this section, a special effort shall be made to
provide for the purposes of this subsection, including a particu-
lar effort with regard to : (1) countries where adequate funds are
not available from other sources for such purposes, and (2) coun-
tries where agreements can be negotiated to establish a fund with
the interest aiid principal available over a period of years for such
purposes, such special and particular effort to include the setting
aside of such amounts from sale proceeds and loan repayments
under this title, not. in excess of $1,000,000 a year in any one
country for a period of not more than five years in advance, as
may be determined by the Secretary of State to be required for
the purposes of this subsection ; 18
(i) For financing the translation, publication, and distribution
of books and periodicals, including Government publication,
abroad: Provided, That, not more than $5,000,000 may be allo-
cated for this purpose during any fiscal year.")
(j) For providing assistance to activities and projects author-
ized by section 203 of the United States Information and Educa-
tional Exchange Act of 1948, as amended (22 U. S. C. 1448), but
no foreign currencies which are available under the terms of any
agreement for appropriation for the general use of the United
States shall be used for the purposes of this subsection (j) with-
out appropriation therefor.'?
16 Snbsec. (e) was amended by sec. 4 of Public Law 85-128 [S. 1314], 71 Sta.t. 345.
It formerly read : "For promoting balanced economic development and trade among
nations ;".
17 That part of the first sentence following "50 U. S. C. App. 1641 (h)" was added by
see. 3 (a) of Public Law 85-931 [S. 3420], 72 Stat. 1790.
11 The second sentence, through the words "for such purposes" was added by see.
It (a) (h) of the MSAct of 1956. The last part of the. sentence, beginning with the
words "such special and particular" was added by sec. 11 (b) (2) of the MSAct of 1957.
70 Snbsec. (i) was added by sec. 11. (a) (1) of the MSAct of 1956.
20Subsec. (]) was added by sec. 2 of Public Law 962, 84th Cong. [S. 3903], 70 Stat.
988, apuroved August 3, 1956. See also sec. 400(c) of the MSAct of 1954, as amended
(page 22).
ILLEGIB
ILLEGIB
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U0 LEGISLATION ON FOREIGN RELATIONS
(k)211 To collect, collate, translate, abstract, and disseminate
scientific and technological information and to conduct and sup-
port scientific activities overseas including programs and projects
of scientific cooperation between the United States and other
countries such as coordinated research against diseases common
to all of mankind or unique to individual regions of the globe, but
no foreign currencies shall be used for the purposes of this sub-
section (k) unless specific appropriations be made therefor;
(1)22 For the acquisition by purchase, lease, rental or otherwise,
of sites and buildings and grounds abroad, for United States
Government use including offices, residence quarters, community
and other facilities, and for construction, repair, alteration and
furnishing of such buildings and facilities : Provided, That for-
eign currencies shall be available for the purposes of this sub-
section (in addition to funds otherwise made available for such
purposes) in such amounts as may be specified from time to time
in appropriation acts;
(m)22 For financing in such amounts as may be specified from
time to time in appropriation acts (A) trade fair participation
and related activities authorized b section 3 of the International
Cultural Exchange and Trade Fair Participation Act of 1956
(22 U. S. C. 1992), and (B) agricultural and horticultural fair
participation and related activities;
(n) 22 For financing under the direction of the Librarian of
Congress, in consultation with the National Science Foundation
and other interested agencies, in such amounts as may be specified
from time to time in appropriation acts, (1) programs outside
the United States for the analysis and evaluation of foreign books,
periodicals, and other materials to determine whether they would
provide information of technical or scientific significance in the
United States and whether such books, periodicals, and other
materials are of cultural or educational significance; (2) the
registry, indexing, binding, reproduction, cataloging, abstracting,
translating, and dissemination of books, periodicals, and related
materials letermined to have such significance; and (3) the acqui-
sition of such books, periodicals, and other materials and the
deposit thereof in libraries and research centers in the United
States specializing in the areas to which they relate;
(0)22 For providing assistance, in such amounts as may be
specified from time to time in appropriation acts, by grant or
otherwise, in the expansion or operation in foreign countries of
established schools colleges-, universities founded or sponsored
by citizens o Tie nit.e ates, for the purpose of enabling such
educational institutions to carry on programs of vocational, pro-
fessional, scientific, technological, or general education; and in
the supporting of workships in American studies or American
educational techniques, and supporting chairs in American
studies :
Provided, however, That section 1415 of the Supplemental Appropria-
tion Act, 1953,23 shall apply to all foreign currencies used for grants
"Par. (k) added by see. 502 (1) of the MSAct of 1958, Public Law 85-477.
22 Pars. (1), (m), (n), and (o) added by sec. 3 (b) of Public Law 85-931 [S. 8420],
72 Stat. 1790, approved September 6, 1958.
as For text, see page 74.
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under subsections (d) and (e) and for payment of United States
obligations involving grants under subsection (f) and to not less
than 10 per centum of the foreign currencies which accrue under this
title : Provided, however, That the President is authorized to waive
such applicability of section 1415 in any case where he determines that
it would be inappropriate or inconsistent with the purposes of this
title.
SEC. 105.2} Foreign currencies received pursuant to this title shall be
deposited in a special account to the credit of the United States and
shall be used only pursuant to section 104 of this title, and any depart-
ment or agency of the government using any of such currencies for a
purpose for which funds have been appropriated shall reimburse the
Commodity Credit Corporation in an amount equivalent to the dollar
value of the currencies used.
SEC. 106.25 As used in this Act, "surplus agricultural commodity"
shall mean any agricultural commodity or product thereof, class kind,
type, or other specification thereof, produced in the United States,
either privately or public owned, which is or may be reasonably ex-
pected to be in excess of domestic requirements, adequate carryover,
and anticipated exports for dollars, as determined by the Secretary
of Agriculture. The Secretary of Agriculture is also authorized to
determine the nations with whom agreements shall be negotiated, and
to determine the commodities and quantities thereof which may be
included in the negotiations with each country after advising with
other agencies of Government affected and within broad policies laid
down by the President for implementing this Act.26
SEC. 107.27 As used in this Act, "friendly nation" means any country
other than (1) the U. S. S. R., or (2) any nation or area dominated
or controlled by the foreign government or foreign organization con-
trolling the world Communist movement.
SEC. 108.213 The President shall make it report to Congress with re-
spect to the activities carried on under this Act at least once each six
months and at such other times as may be appropriate and such reports
shall include the dollar value, at the exchange rates in effect at the
time of the sale, of the foreign currency for which commodities ex-
ported pursuant to section 102 (a) hereof are sold.
SEC. 109.29 No transactions shall be undertaken under authority of
this title after December 31, 1959,30 except as required pursuant to
agreements theretofore entered into pursuant to this title.
TITLE II--FAMINE RELIEF AND OTHER ASSISTANCE
SEC. 201.3:L In order to enable the President to furnish emergency
asssitance on behalf of the people of the United States to friendly
peoples in meeting famine or other urgent or extraordinary 32 relief
24 7 U. S. C. 1705.
26 7 U. S. C. 1706.
2e This sentence was added by Public Law 387, 84th Cong. [S. 2253], 69 Stilt. 721,
approved August 12, 1955.
7 U. S. C. ? 1707.
28 7 U. S. C. ? 1708.
29 7 U. S. C. ? 1709.
30 "December 31, 1959" was substituted for "June 30, 1958" by sec. 4 of Public Law
85--931 [S. 3420], 72 Stat. 1790.
al 7 U. S. C. ? 1721.
82 The words "or extraordinary" were added by sec. 4 of Public Law 9d2, 84th Cong.
[S. 3903], 70, Stat. 988, approved August 3, 1956.
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requirements, the Commodity Credit Corporation shall make avail-
able to the President out of its stocks such surplus agricultural com-
modities (as defined in section 106 of title I) 33 as he may request, for
transfer (1) to any nation friendly to the United States in order to
meet famine or other urgent or extraordinary 32 relief requirements
of such nation, and (2) to friendly but needy populations without
regard to the friendliness of their government.
SEC. 202.34 The President may authorize the transfer on a grant
basis of surplus agricultural commodities from Commodity Credit
Corporation stocks to assist programs undertaken with friendly gov-
ernments or through voluntary relief agencies : Provided, That the
President shall take reasonable precaution that such transfers will
not displace or interfere with sales which might otherwise be made.
SEC. 203.35 Not more than $800,000,000 36 (including the Corpora-
tion's investment in such commodities) shall be expended for all such
transfers and for other costs authorized by this title.37 The President
may make such transfers through such agencies, including intergovern-
mental organizations, in such manner, and upon such terms and con-
ditions as he deems appropriate; lie shall make use of the facilities of
voluntary relief agencies to the extent practicable. Such transfers
may include delivery f. o. b. vessels in United States ports and, upon
a determination by the President that it is necessary to accomplish the
purposes of this title or of section 416 of the Agricultural Act of 1949,
as amended, ocean freight charges from United States ports to desig-
nated ports of entry abroad may be paid from funds available to carry
out this title on commodities transferred pursuant hereto or donated
under said section 416. Funds required for ocean freight costs author-
ized under this title may be transferred by the Commodity Credit Cor-
poration to such other Federal agency as may be designated by the
President.311
SEC. 204.39 No programs of assistance shall be undertaken under
the authority of this title after December 31, 1959.40
TITLE III-GENERAL PROVISIONS
SEC. 301. Section 407 of the Agricultural Act of 1949 41 is amended
by adding at the end thereof the following : "Notwithstanding the
foregoing, the Corporation, on such terms and conditions as the Sec-
retary may deem in the public interest, shall make available any farm
commodity or product thereof owned or controlled by it for use in
relieving distress (1) in any area in the United States declared by the
President to be an acute distress area because of unemployment or
other economic cause if the President finds that such use will not dis-
as see. 208 (b), Agricultural Act of 1056, amended sec. 201 by striking out "f. o. b. vessels
in United States ports," after the parenthesis.
34 7 U. S. C. ? 1.722.
35 7 U
C. $ 1723.
S
.
.
000,00e" was substituted for "$500,000,000" by sec. 3 of Public Law 85-128
80 "$800
,
71 Stat. 345, approved August 13, 1957.
1314]
[S
,
.
87 This sentence was amended by sec. 208 (c) of the Agricultural Act of 1956. It formerly
read "Not more than $300,000,000 (including the Corporation's investment in the com-
modities) shall be expended for all transfers, including delivery on board vessels in United
States ports, under this title."
38 Last two sentences were added by sec. 208 (c) of the Agricultural Act of 1956.
7 U. S. C. ? 1724.
40 "December 31, 1959" was substituted for "June 30, 1058" by sec. 5 of Public Law
85-931 [S. 34201, 72 Stat. 1790.
7 U. S. C. ? 1427.
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LEGISLATION ON FOREIGN RELATIONS 163
place or interfere with normal marketing of agricultural commodities
and (2) in connection with any major disaster determined by the
President to warrant assistance by the Federal Government under
Public Law 875, Eighty-first Congress, as amended (42 U. S. C. 1855).
Except on a reimbursable basis, the Corporation shall not bear any
costs in connection with making such commodity available beyond the
cost of the commodities to the Corporation in store and the handling
and transportation costs in making delivery of the commodity to
designated agencies at one or more central locations in each State."
SEC. 302. Section 416 of the Agricultural Act of 1949 42 is amended
to read as follows :
"SEC. 416. In order to prevent the waste of commodities acquired
through price-support operations by the Commodity Credit Corpora-
tion before they can be disposed of in normal domestic channels with-
out impairment of the price-support program or sold abroad at com-
petitive world prices, the Commodity Credit Corporation is author-
ized, on such terms and under such regulations as the Secretary may
deem in the public interest : (1) upon application, to make such
commodities available to any Federal agency for use in making pay-
ment for commodities not produced in the United States; (2) to barter
or exchange such commodities for strategic or other materials as
authorized by law; (3) in the case of food commodities to donate such
commodities to the Bureau of Indian Affairs and to such State, Fed-
eral, or private agency or agencies as may be designated by the proper
State or Federal authority and approved by the Secretary, for use in
the United States in nonprofit school-lunch programs, in the, assistance
of needy persons, and in charitable institutions, including hospitals,
to the extent that needy persons are served; and (4) to donate any
such food commodities in excess of anticipated disposition under (1),
(2), and (3) above to nonprofit voluntary agencies registered with the
Committee on Voluntary Foreign Aid of the Foreign Operations Ad-
ministration or other appropriate department or agency of the Fed-
eral Government and intergovernmental organizations for use in the
assistance of needy persons outside the United States. In the case of
(3) and (4) above the Secretary shall obtain such assurance as he deems
necessary that the recipients thereof will not diminish their normal
expenditures for food by reason of such donation. In order to facili-
tate the appropriate disposal of such commodities, the Secretary may
from time to time estimate and announce the quantity of such com-
modities which he anticipates will become available for distribution
under (3) and (4) above. The Commodity Credit Corporation may
pay, with respect to commodities disposed' of under this section, re-
processing, packaging, transporting, handling, and other charges
accruing up to the time of their delivery to a Federal agency or to the
designated State or private agency, in the case of commodities made
available for use within the United States, or their delivery free along-
side ship or free on board export carrier at point of export, in the case
of commodities made available for use outside the United States.43
42 7 U. S. C. ? 1431.
43 Sec. 212 of the Agricultural Act of 1956 further amended sec. 416 of the Agricultural
Act of 1949, as amended, by inserting before the last sentence a new sentence as follows :
"In addition, in the case of food commodities disposed of under this section, the Commodity
Credit Corporation may pay the cost of processing such commodities into a form suitable for
home or institutional use, such processing to be accomplished through private trade facili-
ties to the greatest extent possible."
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For the purpose of this section the terms `State' and `United States'
include the District of Columbia and any Territory or possession of
the United States."
SEC. 303.44 The Secretary shall, whenever he determines that such
action is in the best interest of the United States, and to the maxi-
mum extent practicable, barter or exchange agricultural commodi-
ties owned by the Commodity Credit Corporation for (a) such
strategic or other materials of which the United States does not do-
mestically produce its requirements and which entail less risk of loss
through deterioration or substantially less storage charges as the
President may designate, or (b) materials, goods, or equipment re-
quired in connection with foreign economic and military aid and as-
sistance programs, or (c) materials or equipment required in sub-
stantial quantities for offshore construction programs. He is hereby
directed to use every practicable means, in cooperation with other
Government agencies, to arrange and make, through private channels,
such barters or exchanges or to utilize the authority conferred on
him by section 4 (h) of the Commodity Credit Corporation Charter
Act, as amended,45 to make such barters or exchanges. In carrying
out barters or exchanges authorized by this section, no restrictions
shall be placed on the countries of the free world into which surplus
agricultural commodities may be sold, except to the extent that the
Secretary shall find necessary in order to take reasonable precautions
to safeguard usual marketings of the United States and to assure that
barters or exchanges under this Act will not unduly disrupt world
prices of agricultural commodities or replace cash sales for dollars.
The Secretary may permit the domestic processing of raw materials
of foreign origin. The Secretary shall endeavor to cooperate with
other exporting countries in preserving normal patterns of commer-
cial trade with respect to commodities covered by formal multilateral
international marketing agreements to which the United States is a
party. Agencies of the United States Government procuring such
materials, goods, or equipment are hereby directed to cooperate with
the Secretary in the disposal of surplus agricultural commodities
by means of barter or exchange. The Secretary is also directed to
assist, through such means as are available to him, farmers' coopera-
tives in effecting exchange of agricultural commodities in their posses-
sion for strategic materials.
7 U. S. C. ? 1692. This section amended by see. 6 of Public Law 85-931 [S. 3420], 72
Stat. 1790. It formerly read as follows :
"whenever the Secretary has reason to believe that, in addition to other authorized
methods and means of disposing of agricultural commodities owned by the Commodity
Credit Corporation, there may be opportunity to protect the funds and assets of the Com-
modity Credit Corporation by barter or exchange of such agricultural commodities for
(a) strategic materials entailing less risk of loss through deterioration or substantially less
storage charges, or (b) materials, goods or equipment required in connection with foreign
economic and military aid and assistance programs, or (c) materials or equipment required
in substantial quantities for offshore construction programs, he is hereby directed to use
every practicable means, in cooperation with other Government agencies, to arrange and
make, through private trade channels, such barters or exchanges or to utilize the authority
conferred on him by section 4 (h) of the Commodity Credit Corporation Charter Act, as
amended, to make such barters or exchanges. Agencies of the United States Government
procuring such materials, goods or equipment are hereby directed to cooperate with the Sec-
retary in the disposal of surplus agricultural commodities by means of barter or exchange.
Strategic materials so acquired by the Commodity Credit Corporation shall be considered as
assets of the Corporation and other agencies of the Government, in purchasing strategic
materials, shall purchase such materials from Commodity Credit Corporation inventories to
rement
of their
the ent
. The assist extent
through availa such meanslnas are available uito him, farmers' cooper tivesoIni effecting
exchange of agricultural commodities in their possession for strategic materials."
{615 U. S. C. ? 714b.
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LEGISLATION ON FOREIGN RELATIONS
SEC. 304.'a The President shall exercise the authority contained in
title I of this Act (1) to assist friendly nations to be independent of
trade with the Union of Soviet Socialist Republics and with nations
dominated or controlled by the Union of Soviet Socialist Republics
and (2) to assure that agricultural commodities sold or transferred
thereunder do not result in increased availability of those or like com-
modities to unfriendly nations.
(b) Nothing in this Act shall be construed as authorizing transac-
tions under title I or title III with the Union of Soviet Socialist Re-
publics or any of the areas dominated or controlled by the Com-
munist regime in China.
SEC. 305.47 All Commodity Credit Corporation stocks disposed of
under title II of this Act and section 416 of the Agricultural Act of
1949, as amended,48 shall be clearly identified by, as far as practical,
appropriate marking on each package or container as being fur-
nished by the people of the United States of America.
NoTlt.--Section 5 of Public Law 85-128 [S. 1314], 71 Stat.
345, approved August 13, 1957, made the following provision
f or reporting to Congress :
"(5) Within sixty days after any agreement is entered into
for the use of any foreign currencies, a full report thereon
shall be made to the Senate and the House of Representatives
of the United States and to the Committees on Agriculture and
Appropriations thereof."
ae 7 ? 1693. Sec. 304 was amended by sec. 6 of Public Law 85-128 S. 13141,
1 J. S. C. 71 Stat. 345. It formerly read : "The President shall exercise the authority contained
herein (1) to assist friendly nations to be independent of trade with the U. S. S. R. or
nations dominated or controlled by the Ti. S. S. R. for food, raw materials and markets,
and (2) to assure that agricultural commodities sold or transferred hereunder do not result
in increased availability of those or like commodities to unfriendly nations."
47 7 U. S. C. 1 1694.
See sec. 302 of this Act.
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2. 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
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.
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 o/ the
United States of America in Congress assembled, * * *
* *
SEC. T. Section 206 (a) of the Agricultural Act of 1956 is amended by
inserting before the period at the end thereof a semicolon and the fol-
lowing: "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."
Snc. 8. In carrying out the provisions of the Agricultural Trade De-
velopment 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
from upland or long staple cotton shall be made available for sale pur-
suant to the provisions of title I of the Act as long as cotton is in sur-
plus supply, and no discriminatory or other conditions shall be imposed
which will prevent or tend to interfere with their sale or avail ability for
sale under the Act : Provided, That that portion of the 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 products.
SEC. 9. Notwithstanding any other provision of law (1) those areas
under the jurisdiction or administration of the United States are au-
thorized to receive from the Department of Agriculture for distribu-
tion 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 sec-
tion 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.
166
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LEGISLATION ON FORFI R A 1
1431) ; and (2) the Commodity Credit Corporation is authorized to
purchase products of oil seeds, and edible oils and fats and the prod-
ucts 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 regis-
tered with the Department of State, other appropriate agencies of the
Federal Government or international organizations for use in the as-
sistance of needy persons outside the United States. Commodity Cred-
it Corporation may incur such additional costs with respect to such
oil as it is authorized to incur with respect to food commodities dis-
posed of under section 416 of the Agricultural Act of 1949.
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 I
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3. Executive Order No. 10560
Text of Executive Order No. 10560, September 9, 1954, 19 F. R. 5927, as Amended
by Executive Order No. 10685, October 27, 1956, 21 F. R. 8261, and as Amended
by Executive Order No. 10708, May 6, 1957, 22 F. R. 3213
ADMINISTRATION OF THE AGRICULTURAL TRADE DEVELOPMENT
AND ASSISTANCE ACT OF 1954
By virtue of the authority vested in me by section 301 of title 3 of
the United States Code (65 Stat. 713) and as President of the United
States, it is ordered as follows :
SEcTION 1. Department of Agriculture. Except as otherwise pro-
videdin this order, the functions conferred upon the President by
Title I of the Agricultural Trade Development and Assistance Act of
1954 are hereby delegated to the Secretary of Agriculture.
SEC. 2. Foreign Operations Administration. The functions con-
ferred upon the President by Title II of the Act are hereby delegated
to the Director of theForeign Operations Administration.
SEC. 3. Department of State. (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 the said functions.
(c) The provisions of Part III of Executive Order No. 10476 of
August 1, 1953 (18 F. R. 4537, ff.)2 are hereby extended and made
applicable to functions provided for in the Act and to United States
agencies and personnel concerned with the administration abroad of
the said functions.
SEC. 4. Foreign currencies. (a) There are hereby delegated to the
Director of the Bureau of the Budget (1) so much of the functions
conferred upon the President by the Act as consists of fixing from time
to time the amounts of foreign currencies which accrue under Title I
of the Act to be used for each of the several purposes described in
paragraphs (a) to (f), inclusive, and paragraphs (h) to (j), inclusive,a
of section 104 of the Act, and (2) the function conferred upon the
President by the last proviso in section 104 of the Act of waiving the
applicability of section 1415 of the Supplemental Appropriation Act,
1953 4
1 See Executive Order No. 10610 page 100, and State Department Delegation of Authority
No. 85, as amended age 111).
s Sec. 302 ) (b) of xecutive Order No. 10575, as amended the full text of which appears
on page 88 provides : "The reference in section 3 (c) of Executive Order No. 10560 of
September 9, 1954 (18 F. R. 6927), to Part III of Executive Order No. 10476 shall after
the Sec e1 of ExecutivebOrde 10708 substituted ce aragrapha (a) to (f) Inclusive, and (h)
to (j), inclusive" for "paragraphs (a) to (h), inclusive."
For text, see V. 74.
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(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 limit section 3
of this order and the foregoing subsection (b) shall not limit sub-
section (a) above.
(d) Purposes described in the lettered paragraphs of section 104
of the Act shall be carried out, with foreign currencies made available
pursuant to section 4 (a) 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
Defense Mobilization. The function, conferred upon the Presi-
dent by that section, of determining from time to time materials
to be purchased or contracted for for a supplemental stockpile is
hereby delegated to the Director of the Office of Defense
and Civilian Mobilization.
(3) 6 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), (e), and (g) of the Act by
the Foreign Operations Administration. The function, conferred
upon the President by section 104 O of the Act, of determining
the manner in which the loans provided for in the said section 104
(g) shall be made, is hereby delegated to the Director of the
Foreign Operations Administration. The amounts of foreign
currencies which accrue under Title I of the Act to be used for
the loans described in paragraph (g) of section 104 of the Act
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 ordere
(5) Those under section 104 (f) of the Act by the respective
agencies of the Government having authority to pay United
States obligations abroad.
(6) Those under section 104 (h) of the Act by the Depart-
ment Of State.
(7) 7 Those under section 104 (i) of the Act by the United
States Information Agency.
(8) 7 Those under section 104 (j) of the Act by the Department
of State and by the United States Information Agency in ac-
cordance with the division of responsibilities for the administra-
tion of section 203 of the United States Information and Educa-
tional Exchange Act of 1948 (62 Stat. 6) provided by Reorgan-
ization Plan No. 8 of 1953 (67 Stat. 642) and Executive Order
No. 10477 of August 1, 1953, and by subsequent agreement be-
tween the Department of State and the United States Informa-
tion Agency.
S This paragraph was amended by sec. 2 of Executive Order No. 10708. It formerly
read : "Those under sec. 104 (c) of the Act by the Department of Defense."
''This last sentence in paragraph (4) was added by sec. 3 of Executive Order No. 10708.
7 Pars. (7) and (8) were added by sec. 4 of Executive Order No. 10708.
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SU LUi AGRICULTURAL COMMODITIES
SEC. 5.$ RESERVATIONS OF FUNCTIONS TO THE PRESIDENT. There are
reserved to the President the functions conferred upon him by sec-
tion 108 of the Act (with respect to making reports to Congress)
and by the last sentence of section 203 of the Act (with respect to des-
ignating the Federal agency to which funds required for ocean
free ht costs may be transferred by the Commodity Credit Corpora-
tion).s
SEC. 6.10 DEFINITION. As used in this order the term "Act" means
the Agricultural Trade Development and Assistance Act of 1954 (68
Stat. 454), as amended, and includes, except as may be inappropri-
ate, the provisions thereof amending other laws.
DWIGHT D. EISENHOWER.
THE WHITE HOUSE, September 9,1954.
This section was amended by see. 2 of Executive Order No. 10685. It formerly read :
"Reports to Congress. The functions under section 108 of the Act, with respect to
making reports to Congress, are reserved to the President."
Executive order No. 10685 provides : "Ssc. 1. The International Cooperation Adminis-
tration is hereby designated as the Federal agency to which funds required for ocean
freightcosts authorized under Title II of the Agricultural Trade Development and Assist-
ance Act of 1954, as amended (7 U. S. C. 1721-1724), may be transferred by the Com-
modity Credit Corporation."
10 This section was amended by see. 2 of Executive Order No. 10685. It formerly read :
"Definition. As used in this order the term 'the Act' means the Agricultural Trade
Development and Assistance Act of 1954 (Public Law 480, approved July 10, 1954
68 Stat. 454) and includes, except as may be inappropriate, the provisions thereof
amending other laws."
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D. DEPARTMENT OF STATE
1. Foreign Service Act of 1946, as Amended
Text of Public Law 724, 79th Cong. [H. R. 6967], 60 Stat. 999, approved August
13, 1946; as amended by P. L. 73, 81st Cong. [S. 1704], 63 Stat. 111, May 26, 1949;
P. L. 160, 81st Cong. [H. R. 5100], 63 Stat. 407, July 6, 1949; P. L. 759, 83d Cong.
LH. R. 99101
5,
1954 69 S at. 24, AprilS5,a1955; P L. 250, 84th Cong. [S. 2237],1 69 St t536, Augus49411
1955; P. L. 726, 84th Cong. [H. R. 113561, 70 Stat. 555, July 18, 1956; P. L. 828,
84th Cong. [S. 3481], 70 Stat. 704, July 28, 1956; P. L. 85-462 [S. 734], 72 Stat.
203, June 20, 1958; and P. L. 85-477 [H. R. 12181], 72 Stat. 261, June 30, 1958.
AN ACT To improve, strengthen, and expand the Foreign Service of the United
States and to consolidate and revise the laws relating to its administration.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE, I--SHORT TITLE, OBJECTIVES, AND DEFINITIONS
PART A-SHORT TITLE
SEC. 101. Titles I to X, inclusive, of this Act may be cited as the
"Foreign Service Act of 1946."
PART B-OBJECTIVES
SEo. 111.1 The Congress hereby declares that the objectives of this
Act are to develop and strengthen the Foreign Service of the United
States so as-
(1) to enable the Foreign Service effectively to serve abroad
the interests of the United States;
(2) to insure that the officers and employees of the Foreign
Service are broadly representative of the American people and
are aware of and fully informed in respect to current trends in
American life;
(3) to enable the Foreign Service adequately to fulfill the
? functions devolving on it by reason of the transfer to the Depart-
ment of State of functions heretofore performed by other
Government agencies ;
(4) to provide improvements in the recruitment and training
of the personnel of the Foreign Service;
(5) to provide that promotions leading to positions of author-
ity and responsibility shall be on the basis of merit and to insure
the selection on an impartial basis of outstanding persons for such
positions;
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LEGISLATION ON FOREIGN RELATIONS
(6) to provide for the temporary appointment or assignment
to the Foreign Service ofrepresentative and outstanding citizens
of the United States possessing special skills and abilities;
(7) to provide salaries, allowances, and benefits that will permit
the Foreign Service to draw its personnel from all walks of Ameri-
can life and to appoint persons to the highest positions in the Serv-
ice solely on the basis of their demonstrated ability;
(8) to provide a flexible and comprehensive framework for the
direction of the Foreign Service in accordance with modern prac-
tices in public administration; and
(9) to codify into one Act all provisions of law relating to the
administration of the Foreign Service.
PART C-DEFINITIONS
SEC. 121.2 When used in this Act, the term-
1) "Service" means the Foreign Service of the United States;
2) "Secretary" means the Secretary of State;
3) "Department" means the Departmentof State;
4) "Government agency" means any executive department, board,
bureau, commission, or other agency in the executive branch of the
Federal , Government, or any corporation wholly owned. (either di-
rectly or through one or more corporations) by the United States;
(5) "Government" means the Government of the United States of
America ;
(6) "Continental United States" means the States and the District
of Columbia;
(7) "Abroad" means all areas not included in the continental United
States as defined in paragraph (6) - of this section ;
(8) "Principal officer" means the officer in charge of an embassy,
legation, or other diplomatic mission or of a consulate general, con-
sulate, or vice consulate of the United States ; and -
(9) "Chief of mission" means a principal officer appointed by the
President, by and with the advice and consent of the Senate, to be in,
charge of an embassy or legation or other diplomatic mission of the
United States, or any person assigned under the terms of this Act
to be minister resident, charge d'affaires, commissioner, or diplomatic
agent.
TITLE II-GOVERNING BODIES FOR THE DIRECTION
OF THE SERVICE
SEC. 201.3 The Service shall be administered by a Director General
of the Foreign Service, hereinafter referred to as the Director Gen-
eral, who shall be appointed by the Secretary from among Foreign
Service officers in the class of career minister or in class 1. Under the
general supervision of the Secretary and the Assistant Secretary of
2.22 U. S. C. ? 802.
822U. S.C.?821.
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NOTE.-The centralization of authority for the administra-
tion of the Foreign Service was vested in the Secretary of State
by section :3 of Public Law 73, 81st Congress, 63 Stat. 111 (22
U. S. C. 811a). That section provides :
"SEC. 3. The Secretary of State, or such person or persons
designated by him, notwithstanding the provisions of the For-
eign Service Act of 1946 (60 Stat. 999) or any other law, except
where authority is inherent in or vested in the President of
the United States, shall administer, coordinate, and direct the
Foreign Service of the United States and the personnel of the
State Department. Any provisions in the Foreign Service
Act of 1946, or in any other law, vesting authority in the
`Assistant Secretary of State for Administration,' the 'Assist-
ant Secretary of State in Charge of the Administration of the
Department,' the `Director General,' or any other reference
with respect thereto, are hereby amended to vest such authority
in the Secretary of State."
State in charge of the administration of the Department, the Director
General shall, in addition to, administering the Service and perform-
ing the duties specifically vested in him by this or any other Act, coor-
dinate the activities of the Service with the needs of the Department
and of other Government agencies and direct the performance by
officers and employees of the Service of the duties imposed on them
by the terms Of any law or by any order or regulation issued pursuant
to law or by any international agreement to which the United States
is a party.'
BOARD OF TIME FOREIGN SERVICE
SEC. 211.5 (a) The Board of the Foreign Service shall be composed
of the Assistant Secretary of State in charge of the administration of
the Department, who shall be Chairman; two other Assistant Secre-
taries of State designated by the Secretary to serve on the Board;
the Director General; and one representative each, occupying posi-
tions with comparable responsibilities, from the Departments of Agri-
culture, Commerce, and Labor, designated, respectively, by the heads
of such departments. The Secretary may request the head of any
other Government department to designate a representative, occupy-
ing a position with comparable responsibilities, to attend meetings
of the Board whenever matters affecting the interest of such depart-
ment are under consideration!
Sec. 202 of the Act as repealed by sec. 5 of Public Law 73, 81st Congress, 63 Stat. 111.
It formerly read as follows : "The Director General shall be assisted by a Deputy Director
General of the Foreign Service, hereinafter referred to as the Deputy Director General,
The be
among officers the the Secretary. of If minister or in officer, he shall
electd shall from appointed
Director General shall act in the place of the Director General in the event of his absence
or Incapacity."
F 22 U. S. C.11 826.
See note following sec. 201.
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1 S I ON FOREIGN RELATIONS
(b) The Board of the Foreign Service shall make recommenda-
tions to the Secretary concerning the functions of the Service; the
policies and procedures to govern the selection, assignment, rating,
and promotion of Foreign Service officers; and the policies and pro-
cedures to govern the administration and personnel management of
the Service; and shall perform such other duties as are vested in it by
other sections of this Act or by the terms of any other Act.'
THE BOARD OF EXAMINERS FOR THE FOREIGN SERVICE
SEC. 212.8 (a) The Board of Examiners for the Foreign Service
shall, in accordance with regulations prescribed by the Secretary and
under the general supervision of the Board of the Foreign Service,
provide for and supervise the conduct of such examinations as may
be given to candidates for appointment as Foreign Service officers in
accordance with the provisions of sections 516 and 517 or to any other
person to whom an examination for admission to the Service shall be
given in accordance with the provisions of this or any other Act or any
regulations issued pursuant thereto, and provide for such procedures
as may be necessary to determine the loyalty of such persons to the
United States and their attachment to the principles of the Constitu-
tion.
(b) The membership of the Board of Examiners for the Foreign
Service, not more than half of which shall consist of Foreign Service
officers, shall be constituted in accordance with regulations prescribed
by the Secretary.
TITLE III-DUTIES
PART A-GENERAL DUTIES
COMPLIANCE WITH TERMS OF STATUTES, INTERNATIONAL AGREEMENTS,
AND EXECUTIVE ORDERS
SEC. 301.9 Officers and employees of the Service shall, under the
direction of the Secretary, represent abroad the interests of the United
States and shall perform the duties and comply with the obligations
resulting from the nature of their appointments or assignments or
imposed on them by the terms of any law or by any order or regulation
issued pursuant to law or by any international agreement to which
the United States is a party.
DUTIES FOR WHICH REGULATIONS MAY BE PRESCRIBED
SEC. 302.10 The Secretary shall, except in an instance where the
authority is specifically vested in the President, have authority to
prescribe regulations not inconsistent with the Constitution and the
laws of the United States in relation to the duties, functions, and
obligations of officers and employees of the Service and the administra-
tion of the Service.
' S,ee Executive Order No. 10522 (page 136), and sec. 101 (c) of Executive Order No.
10575, as amended (page 99).
8 22 U. S. C. ? 827.
0 22 U. S. C. ? 841.
1022 U. S. C.?842.
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LEGISLATION ON FOREIGN RELATIONS /
DELEGATION OF AUTHORITY TO PRESCRIBE REGULATIONS
SEC. 303.17 In cases where authority to prescribe regulations relating
to the Service or the duties and obligations of officers and employees
of the Service is specifically vested in the President by the terms of
this or any other Act, the President may, nevertheless, authorize the
Secretary to prescribe such regulations.
PART B.-SsivICEs FOR GOVERNMENT AGENCIES AND OTHER ESTABLISH-
MENTS OF THE GOVERNMENT
SEC. 311.12 The officers and employees of the Service shall, under
such regulations as the President may prescribe, perform duties and
functions in behalf of any Government agency or any other establish-
ment of the Government requiring their services, including those in the
legislative and judicial branches, but the absence of such regulations
shall not preclude officers and employees of the Service from acting for
and on behalf of any such Government agency or establishment when-
ever it shall, through the Department, request their services.
TITLE IV-CATEGORIES AND SALARIES OF PERSONNEL
PART A-CATEGORIES OF PERSONNEL
SEC. 401.' The personnel of the Service shall consist of the following
cate ories of officers and employees :
(1g) Chiefs of mission, who shall be appointed or assigned in accord-
ance with the provisions of section 501;
(2) Foreign Service officers, who shall be appointed in accordance
with section 511, including those serving as chiefs of mission;
(3) Foreign Service Reserve officers, who shall be assigned to the
Service on a temporary basis from Government agencies or appointed
on a temporary basis from outside the Government in accordance with
the provisions of section 522, in order to make available to the Service
such specialized skills as may from time to time be required ;
(4) Foreign service staff officers and employees, who shall be ap-
pointed in accordance with the provisions of section 531 and who shall
include all personnel who are citizens of the United States, not com-
prehended under paragraphs (1), (2), (3), and (6) of this section, and
who shall occupy positions with technical, administrative, fiscal, cleri-
cal or custodial responsibilities;
('5) Alien clerks and employees, who shall be appointed in accord-
ance with the provisions of section 541; and
(6) Consular agents, who shall be appointed in accordance with the
provisions of section 551.
PART B-SALARIES
CHIEFS OF MISSION
SEC. 41:[.14 The President shall for salary purposes classify into
four classes the positions which are to be occupied by chiefs of mission.
U 22 U. S. C. 843.
1122 U. S. C. 846.
132 2 U. S. C. 861.
U22U.S.C. 886.
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176 LEGISLATION ON FOREIGN RELATIONS
The per annum salaries of chiefs of mission within each class shall be
as follows: Class 1 $27,500 per annum; class 2, $25,000; class 3,
$22,500; and class 4, ~20,000.11
FOREIGN SERVICE OFFICERS
SEC. 412.16 There shall be ten classes of Foreign Service officers,
including the classes of career ambassador and of career minister.
The per annum salary of a career ambassador shall be $20,000. The
per annum salary of a career minister shall be $19,25017 The per
annum salaries of Foreign Service officers within each of the other
classes shall be as follows :
Class 1
$16, 060
$16, 500
$16, 940
$17, 380
$17, 820
$18, 260
$18
700
Class 2
13, 860
14, 190
14, 520
14, 850
15, 180
15, 510
,
15
840
Class 3
11, 660
11, 990
12, 320
12, 650
12, 980
13, 310
,
13
640
Class 4
9,900
10,175
10,450
10,725
11,000
11,275
,
11,550
Class 5
8, 140
8, 415
8, 690
8, 965
9, 240
9, 515
9, 790
Class 6
6, 710
6, 930
7, 150
7, 370
7, 590
7, 810
8
030
Class 7
5, 610
5, 775
5, 940
6, 105
6, 270
6
435
,
6
600
Class 8
4, 730
4, 895
5, 060
5, 225
5, 390
,
5, 555
,
5, 720
$5,
885 17
SALARIES AT WHICH FOREIGN SERVICE OFFICERS MAY BE APPOINTED
SEC. 41318 A person appointed as a Foreign Service officer shall re-
ceive basic salary at one of the rates of the class to which he is ap-
pointed which the Secretary shall, taking into consideration his age,
qualifications, and experience, determine to be appropriate for him to
receive."'
FOREIGN SERVICE RESERVE OFFICERS
SEC. 414.20 There shall be eight classes of Foreign Service Reserve
officers, referred to hereafter as Reserve officers, which classes shall
correspond to classes 1 to 8 of Foreign Service officers.21
(b) A Reserve officer shall receive salary at any one of the rates
provided for the class to which he is appointed or assigned in accord-
ance with the provisions of section 523.
"This sentence was amended by sec. 2 of the Foreign Service Act Amendments of 1956,
Public Law 828, 84th Cong., 70 Stat. 704. The per annum salaries of chiefs of mission
previously read : "Class 1, $25,000 per annum ; class 2, $20,000; class 3, $17,500; and
class 4, $15,000."
10 This section was revised by sec. 3 of the Foreign Service Act Amendments of 1956.
The original rates of basic compensation have been increased to the present rates shown
see. above 5 by the Public Law 201, 82nd Cong., 65 Stat. 612; 1 see. 7 of Public Law 94t., 84th
Col e 69 (1) see. 3 of the Federal Public oy es Salary Increase se Stat.
Act of 1958 (Public Law
85-462, 72 S,tat. 203), substituted "$19,250" in lieu of "$17,500", and sec. 6 (a) (2) of
tpe Act amended sec. 412 by inserting the new salary schedule.
22 U. S. C. ? 868.
15 This section was revised by sec. 2 of Public Law 22, 84th Cong., 69 Stat. 24. As
originally enacted the section read:
'Sac. 413. (a) A person appointed as a Foreign Service officer of class 6 shall receive
salary at that one of the rates provided for that class by section 412 which the Secretary
shall, taking into consideration his age, qualifications, and experience, determine to be
appropriate for him to receive.
(b) A person appointed as a Foreign Service officer of classes 1 through 5, inclusive,
shall receive salary at the minimum rate provided for the class to which he has been
appointed."
Sec. (b) was later amended by Public Law 759, 83d Conga, 68 Stat. 1051, to read as
follows :
"(b) A person appointed as a Foreign Service officer of classes 1 through 5, inclusive,
shall receive salary at the minimum rate provided for the class to which he has been
appointed, except that until March 31, 1955, not more than five hundred persons may be
a pointed from the classified civil service or the Foreign Service reserve or Foreign
Service staff at other than the minimum rate."
2022 U. S. C. ? 869.
23 Sec. 4 of the Foreign Service Act Amendments of 1956 substituted- the word "eight"
for the word "six" and the number "8" for the number "6".
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LEGISLATION. ON FOREIGN RELATIONS
(c) A person assigned as a Reserve officer from any Government
agency shall receive his salary from appropriations provided for the
Department during the period of his service as a Reserve officer.
FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES
SEC. 415.22 There shall be twenty-two classes of Foreign Service
staff officers and employees, referred to hereafter as staff officers and
employees. The per annum rates of salary of staff officers and em-
ployees within each class shall be as follows :
Class 1____
$11, 770
$12, 120
$12, 480
$12, 830
Class 2__.
10, 920
11, 205
11, 485
11, 770
Class 3____
10, 030
10, 320
10, 600
10, 885
Class 4- _ _ _
9,095
9, 380
9, 665
9, 945
Class 5_ _ _ _
8,395
8, 610
8,815
9,030
Class 6- _ _ _
7, 690
7, 905
8, 120
8, 325
Class 7____
6,990
7,200
7,415
7,630
Class 8_ _ _ _
6,285
6,495
6,710
6,925
Class 9 _ _ _ _
5, 585
5, 795
6,005
6, 220
Class-10__ _ _
5, 115
5, 260
5, 400
5, 540
Class 11. - _
4, 650
4, 790
4, 930
5,070
Class 12---
4, 180
4, 320
4, 460
4, 605
Class 13--_
3,730
3,870
4,010
4, 155
Class 14---
3, 300
3,445
3, 585
3, 730
Class 15___
3, 090
3, 165
3, 230
3, 300
Class 16___
2, 875
2, 950
3, 020
3, 090
Class 17--_
2, 660
2,735
2, 805
2, 875
Class 18___
2, 455
2, 520
2,590
2, 660
Class 19---
2, 240
2, 310
2, 380
2, 455
Class 20--_
2, 025
2, 095
2, 165
2, 240
Class 21---
1., 810
1, 880
1, 955
2, 025
Class 22---
1.600
1, 670
1,745
1, 810
SALARIES AT WHICH FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES
MAY BE APPOINTED
SEC. 416.24 A person.appointed as a staff officer or employee shall
receive salary at the minimum rate provided for the class to which
appointed except as otherwise provided in accordance with the provi-
sions of part :E of this title.
SALARIES OF ALIEN CLERKS AND EMPLOYEES
SEC. 417.26 The salary or compensation of an alien clerk or em-
ployee shall be fixed by the Secretary in accordance with such regula-
tions as he shall prescribe and, as soon as practicable, in accordance
with the provisions of section 444 (b). The salary or compensation of
an alien clerk or employee fixed on a per annum basis may, notwith-
standing the provisions of. any other law, be payable on a weekly or
22 22 U. S. C. ? 8.70.
2 The original rates of basic compensation have been increased to the present rates shown
above by the following laws : Sec. 1 (a) of Public Law 160, 81st Cong., 63 Stat. 407 ; sec.
5 (a), of Public Law 201, 82d Cong., 65 Stat. 612 ; sec. 7 of Public Law 94, 84th Cong., 69
Stat. 172.
Sec. 6 (a) (3) of the Federal Employees Salary Increase Act of 1958, Public Law 85-462,
72 Stat. 703, inserted the new salary schedule, and sec. 0 (b) of the Act provides : "Foreign
Service officers, Reserve officers, and Foreign Service staff officers and employees who are
entitled to receive basic compensation immediately prior to the effective date of this section
at one of the step rates provided by sections 412 or 415 of the Foreign Service Act of 1946,
shall receive basic compensation on or after the effective date of this section at the corre-
sponding step rate as provided by such sections 412 or 415 as amended by this section."
'A 22 U. U.S. C. 871.
22 U. S. C. 872.
$13, 160
12, 120
11, 165
10, 230
9,315 $9,600
8, 540 8, 755
7,840 8,050
7, 140 7, 350
6, 435 6, 650
5, 755 5, 970 $6, 175
5, 215 5, 355 5, 500
4, 745 4,890 5, 025
4,295 4,440 41580
3, 870 4,010 4, 155
3,445 3, 585 3, 730
3, 165 3,230 3, 300
2, 950 3,020 3,090
2, 735 2, 805 2, 875
2, 520 2, 590 2, 660
2, 310 2, 380 2, 455
2, 095 2, 165 2,240
1, 880 1, 955 2,02523
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178 LEGISLATION ON FOREIGN RELATIONS
biweekly basis. When a one- or two-week pay period of such a clerk
or employee begins in one fiscal year and ends in another, the gross
amount of the earnings for such pay period may be regarded as a
charge against the appropriation or allotment current at the end of
such pay period.
SALARIES OF CONSULAR AGENTS
SEC. 418.26 The salary or compensation of a consular agent shall be
fixed by the Secretary in accordance with such regulations as he shall
prescribe and, as soon as practicable, in accordance with the provisions
of section 445.
PART C-SALARIES OF OFFICERS TEMPORARILY IN CHARGE
AS CHARGES D'AFFAIRES AD INTERIM
SEC. 421.21 For such time as any Foreign Service officer shall be
authorized to act as charge d'affaires ad interim at the post to which
he is assigned, he shall receive, in addition to his basic salary as Foreign
Service officer, compensation equal to that portion of the difference
between such salary and the basic salary provided for the chief of
mission as the Secretary may determine to be appropriate.
AS OFFICERS IN CHARGE OF CONSULATES GENERAL OR CONSULATES
SEC. 422.28 For such time as any Foreign Service officer or any con-
sul or vice consul who is not a Foreign Service officer is temporarily in
charge of a consulate general or consulate during the absence or inca-
pacity of the principal officer, he shall receive, in addition to his basic
salary as Foreign Service officer or consul or vice consul, compensation
equal to that portion which the Secretary shall determine to be appro-
priate of the difference between such salary and the basic salary pro-
vided for the principal officer, or, if there be none, of the former
principal officer.
PART D-TIME OF RECEIVING SALARY
CHIEFS OF MISSION
SEC. 431.29 (a) Under such regulations as the Secretary may pre-
scribe, a chief of mission may be entitled to receive salary from the
effective date of his appointment to the date marking his return to his
place of residence at the conclusion of the period of his official service
as chief of mission or the termination of time spent on authorized
leave, whichever shall be later, but no chief of mission shall be entitled
to receive salary while absent from his post whenever the Secretary
shall find that such absence was without authorization or justification.
If a chief of mission in one position is appointed as chief of mission
in another position, he shall be entitled to receive the salary pertaining
to the new position commencing on the effective date of the new
appointment.
98 22 U. S. C. 1873.
r+ 22 U. S. C. 1876.
- 22 U. S. C. f 877.
.22U.S.C. 8 881.
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LEGISLATION ON FORE L" 65R000300 002-5
(b) The official services of a chief of mission shall not be deemed
terminated by the appointment of a successor but shall continue until
he has relinquished charge of the mission and has rendered such addi-
tional services to the Department as the Secretary may require him
to render in the interests of the Government for a period not in excess
of thirty days, exclusive of time spent in transit.
(c During the service of a Foreign Service officer as chief of mis-
sion he shall receive in addition to his salary as Foreign Service officer,
compensation equal to the difference, if any, between such salary and
the salary of the position to which he is appointed or assigned.
OTHER OFFICERS AND EMPLOYEES
SEC. 432.80 (a) Under such regulations as the Secretary may pre-
scribe, any officer or employee appointed to the Service, may be
entitled to receive salary from the effective date of his appointment to
the date when he shall have returned to his place of residence at the
conclusion of the period of his official service or the termination of
time spent on authorized leave, whichever shall be later, but no such
officer or employee shall be entitled to receive salary while absent from
his post whenever the Secretary shall find that such absence was
without authorization or justification.
(b) A Foreign Service officer, appointed during a recess of the
Senate, shall be paid salary from the effective date of his appointment
until the end of the next session of the Senate, if he has not theretofore
been confirmed by the Senate, or until his rejection by the Senate
before the end, of its next session.
(c) A Foreign Service officer promoted to a higher class shall re-
ceive salary at the rate prescribed in section 412 for the class to which
he is promoted from the effective date of his appointment to such class.
A Foreign Service officer promoted to a higher class during a recess
of the Senate shall receive salary at the rate prescribed for the class
to which he is promoted from the effective date of his appointment
to such class until the end of the next session. If the Senate should
reject or fail to confirm the promotion of such an officer during the
session following the date of his promotion, the Foreign Service officer
shall, unless he has become liable to separation in accordance with the
provisions of section 633,51 be automatically reinstated in the class from
which he was promoted and receive the salary he was receiving prior
to his promotion, such reinstatement to be effective, in the event of
rejection of the nomination, from the date of rejection; and in the
event of the failure of the Senate to act on the nomination during the
session following a promotion, from the termination of that session.
CLASSIFICATION OF POSITIONS IN THE FOREIGN SERVICE
SEC. 44132 Under such regulations as he may prescribe, the Secre-
tary shall classify all positions in the Service, including those posi-
tions at foreign posts which may be held by career ministers, and shall
80 22 U. S. C. 1882.
81 The words "or 63411 following the words "provisions of section 633" were deleted by
see. 23 of Public Law 88622, 84th Cong., 69 Stat. 24.
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allocate all positions occupied or to be occupied by staff officers or em-
ployees to classes and subclasses established by sections 415 and 442,
respectively, and by alien employees and consular agents to such
classes as may be established by regulation.
ADMINISTRATIVE ESTABLISHMENT OF NEW GROUPS OF POSITIONS FOR
FOREIGN SERVICE STAFF OFFICERS AND EMPLOYEES
SEC. 44233 The Secretary may, whenever he deems such action to be
in the interests of good administration and warranted by thenature of
the duties and responsibilities of any group of positions occupied or
to be occupied by staff officers and employees in comparison with
other positions in the same class, establish by regulation for any such
group of positions a minimum salary computed at any one of the rates
of salary above the minimum for a given class but not in excess of the
middle rate provided for that class in section 415. Such groups of
positions shall, for the purposes of this Act, be known as subclasses.
ADMINISTRATIVE ESTABLISHMENT OF SALARY DIFFERENTIALS
SEC. 443.34 The President may, under such regulations as he may
prescribe, establish rates of salary differential not exceeding 25 per
centum of basic salary, for Foreign Service officers, Reserve officers,
and staff officers and employees assigned to posts involving extraordi-
narily difficult living conditions, excessive physical hardship, or
notably unhealthful conditions. The Secretary shall prepare and
maintain a list of such posts.36
CLASSIFICATION OF POSITIONS OF ALIEN CLERKS AND EMPLOYEES
SEC. 444.11 (a) Upon the basis of the classification provided for in
section 441, the Secretary shall, with the advice of the Board of the
Foreign Service, from time to time prepare schedules of salariesfor
classes of positions of alien clerks and employees of the Service, which
classes shall be established by regulation, and shall allocate all such
positions to the appropriate classes.
4b) All alien employees in an area of comparatively uniform wage
sca es and standards of living, occupying positions of equal responsi-
bility, shall receive equal pay except as there may be increases pro-
vided for length of service in accordance with uniform procedures.
CLASSIFICATION OF CONSULAR AGENTS
SEC. 445.11 Upon the basis of the classification provided for in sec-
tion 441, the Secretary shall, with the advice of theBoard of the For-
sa 22 U. S. C. ? 887.
22 U. S. C. 1888.
3' This section was revised by see. 3 of Public Law 22, 84th Cong., 69 Stat. 24. It
formerly read as follows :
whenever the President shall find and declare that the rates of salary provided
for Foreign Service staff officers and employees in section 415 are inadequate for any
positions allocated to any particular class or subclass, he may, under such regulations
as he may prescribe, establish necessary schedules of differentials in the rates of salary
prescribed for such classes or subclasses, but the differential in salary of a person
holding any such position shall not exceed 25 per centum of the salary he would
otherwise receive. Such differentials shall be granted only with respect to positions
at posts at which extraordinarily difficult living conditions or excessive physical hard-
ship prevail or at which notably unhealthful conditions exist. The Secretar shall
prepare and maintain a list of such posts." y
E p. S. C. ? 889.
722 U. S. C. ? 890.
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ICE I TIN 0
eign Service, from time to time prepare schedules of salaries for classes
of positions of consular agents, which classes shall be established by
regulation, and shall allocate all such positions to the appropriate
classes.S8
TITLE V-APPOINTMENTS AND ASSIGNMENTS
PART A-PRINCIPAL DIPLOMATIC REPRESENTATIVES
APPOINTMENTS
SEC. 50139 (a) The President shall, by and with the advice and
consent of the Senate, appoint ambassadors and ministers, including
career ambassadors and career ministers 40
(b) The President may, in his discretion, assign any Foreign Serv-
ice officer to serve as minister resident, charge d'affaires, commissioner,
or diplomatic agent for such period as the public interest may require.
LISTS OF FOREIGN SERVICE OFFICERS QUALIFIED TO BE CAREER MINISTERS
OR CHIEFS OF MISSION TO BE FURNISHED TO THE PRESIDENT
SEC. 502.41 (a) The Secretary shall., on the basis of recommenda-
tions made by the Board of the Foreign Service from time to time
furnish the President with the names of Foreign Service officers quali-
fied for appointment to the class of career ambassador and 42 career
minister together with pertinent information about such officers, but
no person shall be appointed into the class of career minister who has
not been appointed to serve as a chief of mission or appointed or as
signed to serve in a position which, in the opinion of the Secretary, is
of comparable importance. A list of such positions shall from time to
time be published by the Secretary. No person shall be appointed into
the class of career ambassador who has not (1) served for at least
fifteen years in a position of responsibility in a Government agency,
or agencies, including at least three years as a career minister; (2)
rendered exceptionally distinguished service to the Government; and
(3) met such other requirements as the Secretary shall prescriber
(b) The Secretary shall also on the basis of recommendations made
by the Board of the Foreign Aervice, from time to time furnish the
President with the names of Foreign Service officers qualified for
appointment or assignment as chief of mission, together with perti-
nent information about such officers, in order to assist the President
in selecting qualified candidates for appointment or assignment in
APPOINTMENTS
SEC. 511.44 The President shall appoint Foreign Service officers by
and with the advice and consent of the Senate. All appointments
8 Sec. 446 which related to exemption of the Foreign Service from the application of
the Classification Act was repealed by sec. 1202 of Public Law 429, 81st Cong.,.63 Stat. 954.
? 22 U. S. C. ? 90:1.
4O The words "career ambassadors and" were added by sec. 5 of Public Law 250, 84th
Cong., 69 Stat. 586.
Al 22 U. S. C. ? 902.
"The phrase "class of career ambassador and" immediately following the phrase "quali-
fied for appointment to the" was added by sec. 6 of Public Law 250, 84th Cong., 69 Stat.
53" The last sentence was added by sec. 6 of Public Law 260, 84th Cong., 69 Stat. 586.
22 U. S. C.;90&
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EATION ON
of Foreign Service officers shall be by appointment to a class and not
to a particular post.
COMMISSIONS
SEC. 512.46 Foreign Service officers may be commissioned as diplo-
matic or consular officers or both and all official acts of such officers
while serving under diplomatic or consular commissions shall be
performed under their respective commissions as diplomatic or
consular officers.
LIMITS OF CONSULAR DISTRICTS
SEC. 513.46 The Secretary shall define the limits of consular districts.
SEC. 514.47 A Foreign Service officer, commissioned as a diplomatic
or consular officer, may be assigned by the Secretary to serve in any
diplomatic position other than that of chief of mission or in any con-
sular position and he may also be assigned to serve in any other
capacity in w~iich he is eligible to serve under the terms of this or
any other Act. He may be transferred from one post to another by
order of the Secretary as the interests of the Service may require.
CITIZENSHIP REQUIREMENTS
SEC. 51546 No person shall be eligible for appointment as a Foreign
Service officer unless he is a citizen of the United States and has been
such for at least ten years.
SEC. 516.49 No person shall be eligible for appointment as a Foreign
Service officer of class 8 unless he has passed such written, oral physi-
cal, and other examinations as the Board of Examiners for the For-
eign Service may prescribe to determine his fitness and aptitude for
the work of the Service and has demonstrated his loyalty to the
Government of the United States and his attachment to the principles
of the Constitution. The Secretary shall furnish the President with
the names of those persons who have passed such examinations and
are eligible for appointment as Foreign Service officers of class 8.50
ADMISSION TO CLASSES 1 TO 7, INCLUSIVE 51
SEC. 517.62 A person who has not served in class 858 shall not be
eligible for appointment as a Foreign Service officer of classes 1 to 7,
inclusive, unless he has passed comprehensive mental and physical
4522 U
22 U. . S. C. 907908.
.
67 22 U. S. C. 909.
48 22 U. S. C. $ 910.
'22 U. S. C. 911.
6, Sec. 5 of the Foreign Service Act Amendments of 1956 substituted "class 8" for
"class 6" wherever it appears in this section.
a Sec. 6 of the Foreign Service Act Amendments of 1958 changed the heading of sec. 517.
It formerly read : "Admission to Classes 1, 2, 3, 4, and 5 Without Prior Service in Class 6."
.02 22 U. S. C. ? 912.
68 Sec. 6 of the Foreign Service Act Amendments of 1958 substituted "class 8" for
"class 6" wherever it appears in this section, and "classes 1 to 7" for "classes 1 to 5."
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LEGISLATION ON FOREI
examinations prescribed by the Board of Examiners for the Foreign
Service to determine his fitness and aptitude for the work of the
Service; demonstrated his loyalty to the Government of the United
States and his attachment to the principles of the Constitution; and
rendered at least four years of actual service prior to appointment in
a position of responsibility in the service of a Government agency, or
agencies, except that, if he has reached the age of thirty-one years, the
requirement as to service may be reduced to three years. After the
date of enactment of the Foreign Service Act Amendments of 1955
and until otherwise provided by Act of Congress not more than one
thousand two hundred and fifty persons who have not served in class 8
may be appointed to classes 1 to 7, inclusive; of such persons, not more
than one hundred and seventy-five 64 may be appointed who were not
employed on March 1, 1955, in the Department, including its Foreign
Service Reserve and Foreign Service Staff personnel and who have
not also served in a position of responsibility in the ;Department, or
the Service, or both, for the required period prior to appointment 55
as a Foreign Service officer. Notwithstanding the above provisions
of this section, the limitation on the maximum number of appointments
authorized herein shall not be applicable in the case of any person
appointed or assigned by the Secretary of State as a Foreign Service
Reserve officer and who thereafter has served in a position of respon-
sibility in such capacity for the required period prior to appointment
as a Foreign Service officer.56 The Secretary shall furnish the Presi-
dent with the names of those persons who shall have passed such exam-
inations and are eligible for appointment as Foreign Service officers
of classes 1 to 7, inclusive. The Secretary shall, taking into consider-
ation the age, qualifications, and experience of each candidate for
appointment, recommend the class to which he shall be appointed in
accordance with the provisions of this section.
ADMISSION TO THE CLASS OF CAREER MINISTER
SEC. 518.57 No person shall be eligible for appointment to the class
of career ambassador or career minister who is not a Foreign Service
officer.58
REASSIGNMENT TO FOREIGN SERVICE OF FORMER AMBASSADORS AND
MINISTERS
SEC. 519,59 If, within three months of the date of termination of
his services as chief of mission and of any period of authorized leave, a
64 Sec. 6 of the Foreign Service Act Amendments of 1956 substituted "one hundred and
seventy-five" for "forty."
The first two sentences were substituted by sec. 4 of Public Law 22, 84th Cong., 69
Stat. 24, for the following sentence which was in the original Act :
"A person who has not served in class 6 shall not be eligible for appointment as
a Foreign Service officer of classes 1 to 5, inclusive, unless he has passed such written,
oral, physical, and other examinations as the Board of Examiners for the Foreign
Service may prescribe to determine his fitness and aptitude for the work of the
Service ; demonstrated his loyalty to the Government of the United States and his
attachment to the principles of the Constitution ? and rendered a least four years of
actual service immediately prior to appointment in a pon of responsibility in the
Service or in the Department or both, except that, if he hasositi reached the age of thirty-
one years, the requirement as to service may be reduced to three years."
m The words "as a Foreign Service officer" at the end of the second sentence, and the
third sentence were added by sec. 6 of the Foreign Service Act Amendments of 1956.
22 U. S. C. ? 913.
58 The phrase "career ambassador or" preceding "career minister" was added by sec. 7
of Public Law 250, 84th Cong., 69 Stat. 536.
ao 22 U. S. C. ? 914.
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tt5s LEGISLATION ON FOREIGN RELATIONS
Foreign Service officer has not again been appointed or assigned as
chief of mission or assigned in accordance with the provisions of sec-
tion 514, he shall be retired from the Service and receive retirement
benefits in accordance with the provisions of section 821.
REINSTATEMENT AND RECALL OF FOREIGN SERVICE OFFICERS
SEC. 520.110 (a) The President may, by and with the advice and con-
sent of the Senate, reappoint to the Service a former Foreign Service
officer who has been separated from the Service by reason of appoint-
ment to some other position in the Government service and who has
served continuously in the Government up to the time of reinstate-
ment. The Secretary shall, taking into consideration the qualifica-
tions and experience of each candidate for reappointment and the
rank of his contemporaries in the Service, recommend the class to
which he shall be reappointed in accordance with the provisions of
this section.
(b) Whenever the Secretary shall determine an emergency to exist,
the Secretary may recall any retired Foreign Service officer tempo-
rarily to active service. .
PART C-FOREIGN SERVICE RESERVE OFFICERS
ESTABLISHMENT OF RESERVE
SEC. 521.a In accordance with the terms of this Act and under such
regulations as the Secretary shall prescribe, there shall be organized
and maintained a Foreign Service Reserve, referred to hereafter as the
Reserve.
APPOINTMENTS AND ASSIGNMENTS TO THE RESERVE
SEC. 522.62' Whenever the services of a person who is a citizen of the
United States and who has been such for at least five years are re-
quired by the Service, the Secretary may-
(1) appoint as a Reserve officer for nonconsecutive periods of
not more than five years each, a person not in the employ of the
Government whom the Board of the Foreign Service shall deem
to have outstanding qualifications; and
(2) assign as a Reserve officer for nonconsecutive periods of
not more than five years each a person regularly employed in any
Government agency, subject, in the case of an employee of a Gov-
ernment agency other than the Department of State, to the con-
sent of the head of the agency concerned 06
APPOINTMENT OF ASSIGNMENT TO A CLASS
SEC. 523.64A Reserve officer, appointed or assigned to active duty,
shall be appointed or assigned to a class and not to a particular post,
80 22 U. S. C. ? 915.
81 22 U. S. C. ? 921.
0122 U. S. C. 922.
88 The word "five" was substituted for the word "four" in subsecs. (1) and (2), and the
phrase "of a specialized character" in subsec. (1) which appeared following the words
"outstanding qualifications" was deleted by sec. 5 of Public Law 22, 84th Cong., 69 Stat. 24.
?f 22 U. S. C. ? 923.
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LEGISLATION ON FOREIGN RELATIONS 185
and such an officer may be assigned to posts and may be transferred
from one post to another by order of the Secretary as the interests
of the Service may require. The class to which he shall be appointed
or assigned shall depend on his age, qualifications, and experience.
Sno. 524.65 Whenever the Secretary shall deem it in the interests
of the Service that a Reserve officer shall serve in a diplomatic or con-
sular capacity, he may recommend to the President that such officer
be commissioned as a diplomatic or consular officer or both. The Presi-
dent may, by and with the advice and consent of the Senate, commis-
sion such officer as a diplomatic or consular officer or both, and all
official acts of such an officer while serving under a diplomatic or
consular commission shall be performed under his commission as a
diplomatic or consular officer. In all other cases, appropriate rank
and status, analogous to that of Foreign Service officers engaged in
work of comparable importance shall be provided to permit Reserve
officers to carry out their duties effectively.
SEC. 525.611 The Secretary shall by regulation define the period dur-
ing which a Reserve officer shall be considered as being on active duty.
SEC. 526.07 A Reserve officer shall, except as otherwise provided in
regulations which the Secretary may prescribe, receive all the allow-
ances, privileges, and benefits which Foreign Service officers are en-
titled to receive in accordance with the provisions of title IX.
SEC. 527.60 A person who has served as a Reserve officer may not be
reappointed or reassigned to active duty until the expiration of a
period of time equal to his preceding tour of duty or until the expira-
tion of a year, whichever is the shorter.
SEC. 528.09 Upon the termination of the assignment of a Reserve
officer assigned from any Government agency, such person shall be
entitled to reinstatement in the Government agency by which he is
regularly employed in the same position he occupied at the time of
assignment, or in a corresponding or higher position. Upon rein-
statement he shall receive the within-grade salary advancements he
would have been entitled to receive had he remained in the position
in which he is regularly employed under subsection (d), section 7,
of the Classification Act of 1923, as amended, or any corresponding
?6 22 U. S. C. 924.
?B 22 U. S. C. 925.
67 22 U. S. C. ? 926.
?B 22 U. S. C. 6 927.
8? 22 U. S. C. ? 928.
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1 ~6 LEGISLATION ON FOREIGN RELATIONS
provision of law applicable to the position in which he is serving. A
certificate of the Secretary that such person has met the standards
required for the efficient conduct of the work of the Foreign Service
shall satisfy any requirements as to the holding of minimum ratings
as a prerequisite to the receipt of such salary advancements.
PART D-FOREIGN SERVICE STAFF OFFICERS AND EMrroYEEs
SEC. 531.70 The Secretary shall appoint staff officers and employees
under such regulations as he may prescribe and, as soon as practicable,
in accordance with the provisions of section 441, 442, and 443.
SEC. 532.71 The Secretary may, in accordance with uniform proce-
dures established in such regulations as he may prescribe, assign a
staff officer or employee to a position at any post and transfer such a
person from a position in one class to a vacant position within the
same class, and from one post to another. Upon demonstration of
ability to assume duties of greater responsibility, such person may,
as provided in section 641, be promoted to a vacant position in a
higher class at the same or at a higher rate of salary and he may be
transferred from one post to another in connection with such pro-
motion.
SEC. 533.12 On the recommendation of the Secretary, the President
may, by and with the advice and consent of the Senate, commission a
staff officer or employee as consul. The Secretary may commission
a staff officer or employee as vice consul. Official acts of staff officers
or employees while serving under consular commissions in the Service
shall be performed under their respective commissions as consular
officers.
SEC. 534.7$ No person shall be eligible for appointment as staff
officer or employee who is not a citizen of the United States at the
time of his appointment.
SEC. 541.74 The Secretary shall appoint alien clerks and employees
at posts abroad under such regulations as he may prescribe and, as
soon as practicable, in accordance with the provisions of section 444.
7u 22 U. S. C. $ 936.
71 22 U. S. C. 937.
71 22 U. S. C. 938.
79 22 U. S. C. 939.
74 22 U. S. C. 946.
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ASSIGNMENTS AND TRANSFERS
SEC. 542.''6 The Secretary may assign an alien clerk or employee to
a position at any post, and any such clerk or employee may be trans-
ferred from a position at one post to a position at another as the
interests of the Service may require.
PART F-CONSULAR AGENTS
SEC. 551.76 The Secretary may appoint consular agents under such
regulations as he may prescribe and, as soon as practicable, in accord-
ance with the provisions of section 445.
PART G--ASSIGNMENT OF PERSONNEL BY THE ARMY AND NAVY
DEPARTMENTS
AS COURIERS AND INSPECTORS OF BUILDINGS
SEC. 561.7' The Secretaries of the Army and Navy are authorized,
upon the request of the Secretary, to assign or detail military and
naval personnel serving under their supervision for duty as inspectors
of buildings owned or occupied abroad by the United States or as in-
spectors or supervisors of buildings under construction or repair
abroad by or for the United States, or for duty as couriers of the
Department:; and, when so assigned or detailed, they may receive the,
same traveling expenses as are authorized for officers of the Service,
payable from applicable appropriations of the Department. Such
assignments or details may, in the discretion of the head of the depart=
ment concerned, be made without reimbursement from the Department
of State.78
AS CUSTODIANS
SEC. 562.79 The Secretary of the Navy is authorized, upon request
of the Secretary of State, to assign enlisted men of the Navy and the
Marine Corps to serve as custodians under the supervision of the
principal officer at an embassy, legation, or consulate.
PART H-ASSIGNMENT OF FOREIGN SERVICE PERSONNEL
ASSIGNMENTS TO ANY GOVERNMENT AGENCY
SEC. 571.80 (a) Any officer or employee of the Service may, in the
discretion of the Secretary, be assigned or detailed for duty in any
Government agency, such an assignment or combination of assign-
ments to be for a period of not more than four years, except that under
- 22 U. S. C.
947.
76 22 u. S. C. 951.
i
rr 22 U. S. C. ? 956.
78 The words "'the Army" were substituted for "War" In accordance with sec. 205 (a) of
the Act of duly 26, 1947, Public Law 253, 61 Stat. 501, which designated the Department
of War as the Department of the Army and the title Secretary of War was changed to
Secretary of the Army.
22 U. S. C. i 957.
?22 U. S. C. ? 961.
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LEGISLATION ON FOREIG
special circumstances the Secretary may extend this four-year period
for not more than four additional years."
(b) A Foreign Service officer may be appointed as Director Gen-
eral 82 notwithstanding the provisions of the last sentence of paragraph
(a) of this section, but any such officer may not serve longer than
four years in such position or positions and upon the completion of
such service may not again be assigned to a position in the Department
until the expiration of a period of time equal to his tour of duty as
Director General 82 or until the expiration of two years, whichever is
shorter.
(c) If a Foreign Service officer shall be appointed by the President,
by and with the advice and consent of the Senate, to a position,"' the
period of his service in such capacity shall be construed as constituting
an assignment for duty 83 within the meaning of paragraph (a) of this,
section and such person shall not, by virtue of the acceptance of such
an assignment, lose his status as a Foreign Service officer. Service in
such a position shall not, however, be subject to the limitations con-
cerning the duration of an assignment or concerning reassignment
contained in that paragraph. Any Foreign Service officer who re-
signed from the Service, or retired in accordance with section 636 of
this Act on or after November 14, 1957, but prior to the enactment of
this sentence, for the purpose of accepting an immediate appointment
to such a position, shall be considered as having been assigned to
such other position under authority of this section as amended. Ap-
propriate adjustment at the election of the officer may be made with
respect to special contributions deposited immediately prior to resig-
nation or retirement b any such officer under title VIII of this Act
on salaries in excess of $13,500.83
(d) If the basic minimum salary of the position to which an officer
or employee of the Service is assigned pursuant to the terms of this
section is higher than the salary such officer or employee is entitled to
receive as an officer or employee of the Service, such officer or employee
shall, during the period such difference in salary exists, receive the
salary of the position in which he is serving in lieu of his salary as an
officer or employee of the Service. Any salary paid under the pro-
visions of this section shall be paid from appropriations made avail-
able for the payment of salaries of officers and employees of the Service
and shall be the salary on the basis of which computations and pay-
ments shall be made in accordance with the provisions of title VIII.
(e) The salary of an officer or employee assigned pursuant to the
terms of this section shall be paid from appropriations made available
for the payment of salaries of officers and employees of the Service.
Such appropriations may be reimbursed, however, when the Secretary
enters into reimbursement agreements with heads of Government
"' This subsection was revised by sec. 6 (a) of Public Law 22, 84th Cong., 69 Stat. 24.
It formerly read as follows :
An officer or employee of the Service may, in the discretion of the Director General,
be ass y igned or detailed for duty in any Government agency, such an assignment or comb!-
nation of assignments to he for a period of not more than four years. He may not again
be assigned for duty in a Government agency until the expiration of a period of time equal
to his preceding tour of duty on such assignment or until the expiration of two, years,
whichever is the shorter."
82 The words "or Deputy Director General" following the words "Dlrector.General" were
deleted in accordance with sec. 5 of Public Law 73, 81st Cone., 63 Stat. 111.
88 Sec. 602 (h) of the MSAct of 1958 deleted the words "in the Department" appearing
after the words "position" and "duty", and added the last two sentences.
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LEGISLATION ON F I
Agencies for all or any part of the salaries of officers or employees
alggnned.to such: agencies and payment is received pursuant thereto,
or when an officer or employee of the Service is assigned to a position
the salary of. which is payable from other funds available to the
Department.84
COMPULSORY SERVICE OF FOREIGN SERVICE OFFICERS IN TILE CONTINENTAL
UNITED STATES
SEC. 572.88 Every Foreign Service officer shall, during his first
fifteen years of service in such capacity, be assigned for duty in the
continental United States in accordance with the provisions of section
571 for periods totaling not less than three years.
ASSIGNMENT FOR CONSULTATION OR INSTRUCTION
SEC. 573.88 (a) Any officer or employee of the Service may, in the
discretion of the Secretary, be assigned or detailed to any Government
agency for consultation or specific instruction either at the commence-
ment, during the course of, or at the close of the period of his official
service; and, any such detail or assignment, if not more than four
months in duration, shall not be considered as an assignment within
the meaning of section 571.
(b) Any officer or employee of the Service may be assigned or de-
tai`led for special instruction or training at or with public or private
nonprofit institutions ; trade, labor, agricultural, or scientific associa-
tions; or commercial firms.
ASSIGNMENTS TO TRADE, LABOR, AGRICULTURAL, SCIENTIFIC, OR OTHER
CONFERENCES
SEC. 574.1111 An officer or employee of the Service may, in the discre-
tion of. the Secretary, be assigned or detailed for duty with domestic or
international trade, labor, agricultural, scientific, or other conferences,
congresses, or gatherings, including those whose place of meeting is in
the continental United States; or for other special duties, including
temporary details under commission not at his post or in the Depart-
ment.
ASSIGNMENTS TO FOREIGN GOVERNMENT
SEC. 575.111, The Secretary may, in his discretion, assign or detail an
officer or employee of the Service for temporary service to or in co-
operation with the government of another country in accordance with
the provisions of the Act of May 25, 1938, as amended (52 Stat. 442;
53 Stat. 652; 5 U. S. C.118e) .
ASSIGNMENTS TO INTERNATIONAL ORGANIZATIONS
SEC. 576.11' The Secretary may, in his discretion, assign or detail
an. officer or employee of the Service for temporary service to or in
84 This subsection was added by sec. 6 (b) of Public Law 22, 84th Cong., 69 Stat. 24.
8 22 U. S. C.?962.
as 22 U. S. C. ? 963.
ex 22 U. S. C. ? 964.
- - - -
822U S. C. ?965.
0022U.S.C.?966.
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119UU LEGISLATION ON FOREIGN RELATIONS
cooperation with an international organization in which the United
States participates under the same conditions as those governing the
assignment or detail of officers or employees of the Service to the gov-
ernment of another country in accordance with the provisions of the
Act of May 25, 1938, as'amended (52 Stat. 442; 53 Stat. 652; 5 U. S. C.
118e).
ASSIGNMENT OR DETAIL TO TIIE UNITED STATES NOT TO AFFECT
PERSONNEL CEILINGS
SEC. 577.90 An officer or employee of the Service assigned or de-
tailed to the continental United States in accordance with the pro-
visions of this Act shall not be counted as a civilian employee'within
the meaning of section 607 of the Federal Employees Pay Act of
1945, as amended by section 14 of the Federal Employees' Pay Act of
1946.
TITLE VI-PERSONNEL ADMINISTRATION
PART A-DEFINITION
SEC. 60191 For the purposes of this title-
(1) "Efficiency record" is the term which describes those materials
considered by the Director General to be pertinent to the preparation
of an evaluation of the performance of an officer or employee of the
Service.
(2) "Efficiency report" is the term which designates the analysis
of the performance of an officer or employee made by his supervising
officer or by a Foreign Service inspector in accordance with such
regulations as may be prescribed by the Secretary.
PART B-EFFICIENCY RECORDS
RESPONSIBILITY OF THE DIRECTOR GENERAL FOR THE KEEPING OF
EFFICIENCY RECORDS
SEC. 611.92 The Director General, acting under the general direc-
tion of the Board of the Foreign Service, shall be responsible for the
keeping of accurate and Impartial efficiency records. Under his
direction there shall be assembled, recorded, and preserved all avail
able information in regard to the character, ability, conduct, qquality
of work, industry, experience, dependability, and general. usefulness
of all officers and employees of the Service, including the, reports of
Foreign Service inspectors and the efficiency reports of supervising
officers. The Director General shall undertake such statistical ana
other analyses as may be necessary to develop the validity and re-
liability of efficiency reporting forms and procedures.
SEC. 612.93 The correspondence and records of the Department
relating to the officers and employees of the Service, including effi-
ciency records as defined in section 601 (1) but not including records
90 22 ii. S. C. ? 987.
n 22 U. S. S.C. 981.
e: 22 U. S. C. 986.
" 22 U. S. C. 987.
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LEGISLATION ON. FOREIGN RE'LATIONS 191
pertaining to the receipt, disbursement, and accounting for public
funds, shall be confidential and subject to inspection only by the
President, the Secretary, the Under Secretary, the Counselor of the
Department, the legislative and appropriations committees of the
Congress charged with considering legislation and appropriations
for the Service or representatives duly authorized by such committees,
the members of the Board of the Foreign Service, the Director Gen-
eral, and such officers and employees of the Government as may be
assigned by the Secretary to work on such records. Under such
regulations as the Secretary may prescribe and in the interest of
efficient personnel administration, the whole or any portion of an
efficiency record shall, upon written request, be divulged to the officer
or employee to whom such record relates.
PART C--PROMOTION OF FOREIGN SERVICE OFFICERS AND FOREIGN
SERVICE RESERVE OFFICERS
SEC. 621.94 All promotions of Foreign Service officers shall be made
by the President, in accordance with such regulations as he may pre-
scribe, by appointment to a higher class, by and with the advice and
consent of the Senate. Promotion shall be by selection on the basis of
merit.
SEC. 622.85 The Secretary shall, by regulation, determine the mini-
mum period Foreign Service officers must service in each class and a.
standard for performance for each class which they must meet in
order to become eligible for promotion to a higher class. In the
event the Director General shall certify to the Board of the Foreign:
Service that a Foreign Service officer has rendered extraordinarily
meritorious service, the Board of the Foreign Service may recommend
to the Secretary that such officer shall not be required to serve such
minimum period in class as a prerequisite to promotion, and the Sec-
retary may exempt such officer from such requirement.
RECOMMENDATIONS FOR PROMOTION
SEC. 62398 The Secretary is authorized to establish, with the advice
of the Board of the Foreign Service, selection boards to evaluate the
performance of Foreign Service officers, and upon the basis of their
findings the Secretary shall make recommendations to the President
for the promotion of Foreign Service officers. No person assigned
to serve on any such board shall serve in such capacity for any two
consecutive years.
PROMOTION OF FOREIGN SERVICE RESERVE OFFICERS
SEC. 624.7 Any Reserve officer may receive promotions from one
class to a next higher class in accordance with regulations prescribed
by the Secretary.
22 U. S. C.?091.
22 U. S. C. Q 992.
22 U. S. C. ?? 99S.
~+22U.S.C.$994.
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IN-CLASS PROMOTIONS OF FOREIGN SERVICE OFFICERS AND RESERVE OFFICERS
SEC. 625.98 Any Foreign Service officer or any Reserve officer, whose
services meet the standards required for the efficient conduct of the
work of the Foreign Service and who shall have been in a given class
for a continuous period of nine months or more, shall, on the first
day of each fiscal year receive an increase in salary to the next higher
rate for the class in which he is serving. The Secretary is authorized
to rant to a Foreign Service officer or a Reserve officer, in any class,
adgditional increases in salary within the salary range established for
the class in which he is serving, based upon especially meritorious
service.
FOREIGN SERVICE OFFICERS WHO ARE CAREER MINISTERS
SEC. 63199 Any. Foreign Service officer who is a career ambassador
or 100 a career minister, other than one occupying a position as chief of
mission, shall, upon reaching the age of sixty-five, be retired from
the Service and receive retirement benefits in accordance with the pro-
visions of section 821, but whenever the Secretary shall determine an
emergency to exist, he may, in the public interest, extend such an offi-
cer's service for a period not to exceed five years.
SEC. 632101 Any Foreign Service officer who is riot a career am-
bassador or let a career minister shall, upon reaching the age of sixty,
be retired from the Service and receive retirement benefits in accord-
ance with the provisions of section 821 but when the Secretary shall
determine an emergency to exist, he may, in the public interest, extend
such an officer's service for a period not to exceed five years.
SEC. 633.103 (a) The Secretary shall prescribe regulations concern-
ing-
(1) the maximum period during which any Foreign Service officer
below the class of career minister shall be permitted to remain in class
without promotion; and
(2) the-standard of performance which any such officer must main-
tain toremain in the Service.
(b) Any Foreign Service officer below the class of career minister
who does not receive a promotion to a higher class within the specified
period or who fails to meet the standard of performance required of
officers of his class shall be retired from the Service and receive bene-
fits in accordance with the provisions of section 634.104
9B 22 U. S. C. ? 995.
09 22 U. S. C. ? 1001.
100 The phrase "a career ambassador or" was added by sec. 8 of Public Law 250, 84th
Cong., 69 Stat. 537. to see. 631 and by sec. 9 to sec. 632. -
3?3 22 U. S. C. ? 1002.
302 See footnote 100.
103 22 U. S. C. ? 1003.
104 This section was revised by sec. 7 of Public Law 22, 84th Cong., 69 Stat. 24. It for-
merly read as follows :
"The Secretary shall prescribe the maximum period during which Foreign Service officers
in classes 2 or 3 shall be permitted to remain in such classes without promotion. Any
officer who does not receive a promotion to a higher class within that period shall be
retired from the Service and receive retirement benefits in accordance with the provisions
of section 821." -
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SELECTION-OUT BENEFITS
SEC. 634106 (a) Any Foreign Service officer in classes 1, 2, or 3 who
is retired from the Service in accordance with the provisions of section
633 shall receive retirement benefits in accordance with the provisions
of section 821.
(b) Any Foreign Service officer in classes 4, 5, 6, or 7106 who is re-
Aired from the Service in accordance with the provisions of section
633 shall receive-
(1) one-twelfth of a year's salary at his then current salary
rate for each year of service and proportionately for a fraction
of a year, but not exceeding a total of one year's salary at his then
current salary rate, payable without interest, in three equal in-
stallments on the 1st day of January following the officer's retire-
ment and on the two anniversaries of this date immediately fol-
lowing:; and
(2) a refund of the contributions made to the Foreign Service
Retirement and Disability Fund, with interest thereon at 4 per
centum, compounded annually, except that in lieu of such refund
such officer may elect to receive retirement benefits on reaching
the age of sixty-two, in accordance with the provisions of section
821. In the event that an officer who was separated from classes 4
or 5100 and who has elected to receive retirement benefits dies
before reaching the age of sixty-two, his death shall be considered
a death in service within the meaning of section 832. In the
event that an officer who was separated from classes 6 and 7106
and who has elected to receive retirement benefits dies before
reaching the age of sixty-two, the total amount of his contribu-
tions made to the Foreign Service Retirement and Disability
Fund, with interest thereon at 4 percentum, compounded an-
nually, shall be paid in accordance with the provisions of section
841.
(c) Notwithstanding the provisions of section 3477 of the Revised
Statutes, as amended (31 U. S. C. 203) or the provisions of any other
law, .a Foreign Service officer who is retired in accordance with the
provisions of section 633 shall have the right to assign to any person
or corporation the whole or any part of the benefits receivable by him
pursuant to paragraph (b) (1) of this section. Any such assignment
shall be on a form approved by the Secretary of the Treasury and a
copy thereof shall be deposited with the Secretary of the Treasury
by the officer executing the assignment.107
105 22 U. S. C. ? 1004.
log "4, 5, 6, or 7" in (b) formerly read "4 or 5" ; "classes 4 or 5" in (b) (2) formerly read
"Class ectionlwassrev6 and 7" ised by see. 7 of )Puformerly blic Law 22, 84th "class 69 Stat. 24. It for-
merly read as follows :
"(a) The Secretary shall prescribe the maximum period during which Foreign Service
officers in classes 4 or 5 shall be permitted to remain in such classes without promotion.
Any officer who does not receive a promotion to a higher class within that period shall
be retired from the Service and receive benefits as follows :
"(1) One-twelfth of a year's salary at his then current salary rate for each year of
service and proportionately for a fraction of a year, payable without interest, in three
equal installments on the 1st day of January following the officer's retirement and on the
two anniversaries of this date immediately following ; and
"(2) A refund of the contributions made to the Foreign Service Retirement and Dis-
ability Fund, with interest thereon at 4 per centum compounded annually, except that in
lieu of such refund such officer may elect to receive retirement benefits on reaching the age
of sixty-two, in accordance with the provision of section 821. In the event. that an officer
who was separated from class 4 and who has elected to receive retirement benefits dies
before reaching the age of sixty-two, his death shall be considered a death in service
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FOREIGN SERVICE OFFICERS RETIRED FROM CLASS 8108
SEC. 635.109 Any Foreign Service officer in class 8 shall occupy
probationary status. The Secretary may terminate his service at any
time.
VOLUNTARY RETIREMENT
SEC. 636.ii0 Any Foreign Service officer who is at least fifty years
of a-e and has rendered twenty years of service, including service
within the meaning of section 853, may on his own application and
with the consent of the Secretary be retired from the Service and
receive benefits in accordance with the provisions of section 821.
SEPARATION FOR UNSATISFACTORY PERFORMANCE OF DUTY
SEC. 637.111(a) The Secretary may, under such regulations as he
may prescribe, separate from the Service any Foreign Service officer
above class 8112 on account of the unsatisfactory performance of his
duties; but no such officer shall be so separated from the Service until
he shall have been granted a hearing by the Board of the Foreign
Service and the unsatisfactory performance of his duties shall have
been established at such hearing.
(b) Any Foreign Service officer over forty-five years of age, sepa-
rated from the Service in accordance with the provisions of paragraph
(a) of this section, shall be retired upon an annuity computed in
accordance with the provisions of section 821 but not in excess of 25
per centum of his per annum salary at the time of his separation.
(c) Any Foreign Service officer under forty-five years of age, sepa-
rated from the Service in accordance with the provisions of paragraph
(a) of this section, shall at the time of separation receive a payment
equal to one year's salary or the refund of the contributions made by
him to the Foreign Service Retirement and Disability Fund, which-
ever shall be greater.
(d) Any payments made in accordance with the provisions of this
section shall be made out of the Foreign Service Retirement and Dis-
ability Fund.
SEPARATION FOR MISCONDUCT OR MALFEASANCE
SEC. 638.11' The Secretary shall separate from the Service any
Foreign Service officer or Reserve officer who shall be guilty of mis-
conduct or malfeasance in office, but no such officer shall be so separated
from the Service until he shall have been granted a hearing by the
Board of the Foreign Service and his misconduct or malfeasance shall the
mean
I
that
was
arated c asst 5 and whoihngsoelecf d to8 ecei enretirement benefits dies before reaching the ageoof
sixty-two, the total amount of his contributions made to the Foreign Service Retirement
and Disability Fund, with interest thereon at 4 per centum, compounded annually, shall be
paid in accordance with the provisions of section 841.
"(b) Notwithstanding the provisions of section 3477 of the Revised Statutes (31 U. S. C.
203) or the provisions of any other law, a Foreign Service officer who is retired in
accordance with the provisions of this section shall have the right to assign to any person
or corporation the whole or any part of the benefits receivable by him pursuant to para-
graph (a) (1) of this section. Any such assignment shall be on a form approved by the
Secretary of the Treasury and a copy thereof shall be deposited with the Secretary of the
Treasury by the officer executing the assignment."
]06 "Class 8" in heading and section formerly read "class 6."
?00 22 U. S. C. 1005.
uo 22 U. S. C. ? 1006.
311 22 U. S. C. ? 1007.
112 "Class 8" was formerly "class 6."
a22U.S.C.?1008.
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have been established at such hearing. Any officer separated from the
Service in accordance with the provisions of this section shall not be
eligible to receive the benefits provided by title VIII of this Act, but
his contributions to the Foreign Service Retirement and Disability
Fund shall be returned to him in accordance with the provisions of
section 841 (a).
PART E-PROMOTION OF FOREIGN SERVICE STAFF OFFICERS AND
EMPLOYEES
SEC. 641114 Any staff officer or employee may, in accordance with
uniform procedures established in regulations prescribed by the Sec-
retary, upon demonstration of ability to assume duties of greater
responsibility, be promoted to a vacant position in a higher class at
the same or at it higher rate of salary.
IN-CLASS PROMOTIONS OF STAFF OFFICERS AND EMPLOYEES
SEC. 642.116 In-class promotion of staff officers and employees shall
be granted in accordance with regulations prescribed by the Secretary.
PART F--SEPARATION OF STAFF OFFICERS AND EMPLOYEES
FOR UNSATISFACTORY PERFORMANCE OF DUTY
SEC. 651.116 The Secretary may, under such regulations as he may
prescribe, separate from the Service any staff officer or employee on
account of the unsatisfactory performance of his duties, but no such
officer or employee shall be so separated from the Service until he
shall have been granted a hearing by the Board of the Foreign Service
and the unsatisfactory performance of his duties shall have been estab-
lished at such hearing.
FOR MISCONDUCT OR MALFEASANCE
SEC. 652.117 The Secretary shall separate from the Service any staff
officer or employee who shall be guilty of misconduct or malfeasance
in office, but no such officer or employee shall be so separated from the
Service until he shall have been granted a hearing by the Board of the
Foreign Service and his misconduct or malfeasance shall have been
established at such hearing.
PART G-PROMOTION AND SEPARATION OF ALIEN CLERKS AND
EMPLOYEES
SEC. 661.118 Alien clerks and employees shall receive promotions
from one class to a higher class and in-class promotions in accordance
with regulations prescribed by the Secretary.
11922 U. S. C.?1016.
us 22 U. S. C. ? 1017.
sse 22 U. S. C. ? 1021.
ul 22 U. S. C. ? 1022.
lls 22 U. S. C. ? 1026.
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SEC. 662.119 The Secretary may, under such regulations as he may
prescribe, separate from the Service any alien clerk or employee on
account of the unsatisfactory performance of his duties.
SEC. 663.320 The Secretary shall separate from the Service any alien
clerk or employee who shall be found guilty of misconduct or mal-
feasance.
PART H-SEPARATION OF CONSULAR AGENTS
SEC. 671.123 The Secretary may, under such regulations as he may
prescribe, separate any consular agent from the Service on account of-
(a) the unsatisfactory performance of his duties; or
(b) misconduct or malfeasance.
PART I-INSPECTIONS
SEC. 681.122 The Secretary shall assign or detail Foreign Service
officers as Foreign Service inspectors to inspect in a substantially uni-
form manner and at least once every two years the work of the diplo-
matic and consular establishments of the United States. Whenever
the Secretary has reason to believe that the business of a consulate is
not being properly conducted and that it is necessary in the public
interest, he may authorize any Foreign Service inspector to suspend
the principal officer or any subordinate consular officer and to admin-
ister the office in the place of the principal officer for a period not
exceeding ninety days. The Secretary may also authorize a Foreign
Service inspector to suspend any diplomatic officer except a chief of
mission. A Foreign Service inspector shall have the authority to sus-
pend any other officer or employee of the Service.
SEC. 701.128 The Secretary shall, in order to furnish training and
instruction to officers and employees of the Service and of the Depart-
ment and to other officers and employees of the Government for whom
training and instruction in the field of foreign relations is necessary,
and in order to promote and foster programs of study incidental to
such training, establish a Foreign Service Institute, hereinafter called
the Institute.
THE DIRECTOR OF THE INSTITUTE-APPOINTMENT, SALARY, AND DUTIES
SEC, 702.124 The head of the Institute, who shall be known as its
Director, shall be appointed by the Secretary. The Director shall,
110 22 U. S. C. ? 1027
0 22 U. S. C. 1028.
121 22 U. S. C. $ 1031.
Iza 22 U. S. C. 1036.
128 22 U. S. C. $ 1041.
~4 22 U. S. C. ? 1042.
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under the general supervision of the Director General and under such
regulations, as the Secretary may prescribe establish the basic pro-
cedures to be followed by the Institute; plan and provide for the
general nature of the training and instruction to be furnished at the
Institute; correlate the training and instruction to be furnished at
the Institute with the training activities of the Department and other
Government agencies and with courses given at private institutions
that are designed or may serve to furnish training and instruction to
officers and employees of the Service; encourage and foster such pro-
grams outside of the Institute as will be complementary to those of the
Institute ; and take such other action as may be required for the proper
administration of the Institute.
SEC. 703.125 The Secretary may, within the limits of such appro-
priations as may be made specifically therefor, make grants or furnish
such other gratuitous assistance as he may deem necessary or advis-
able to nonprofit institutions cooperating with the Institute in any
of the programs conducted by the Director by authority of this title.
APPOINTMENT, ASSIGNMENT, AND DETAIL TO THE INSTITUTE
SEC. 704.126(a) The Secretary may appoint to the faculty or staff
of the Institute on a full- or part-time basis such personnel as he may
deem necessary to carry out the provisions of this title in accordance
with the provisions of the civil-service laws and regulations and the
Classification Act of 1949, as amended, except that, when deemed nec-
essary by the Secretary for the effective administration of this title,
personnel may be appointed without regard to such laws and regula-
tions, but any person so appointed shall receive a salary at one of the
rates provided by the Classification Act of 1949, as amended. All ap-
pointments to the faculty or staff of the Institute shall be made with-
out regard to political affiliations and shall be made solely on the basis
of demonstrated interest in, and capacity to promote, the purposes of
the Institute.
(b) The Secretary may, under Such regulations as he may prescribe
and on a full- or part-time basis, assign or detail officers and employ-
ees of the Service to serve on the faculty or staff of the Institute or to
receive training at the Institute.
(c) The Secretary may, under such regulations as he may prescribe
and on a full- or part-time basis, assign or detail any officer or em-
ployee of the Department, and, with the consent of the head of the
Government agency concerned any other officer or employee of the
Government, to serve on the faculty or staff of the Institute, or to
receive training. During the period of his assignment or detail, such
officer or employee shall be considered as remaining in the position
from which assigned.
(d) It shall be the duty of the Director to make recommendations
to the Secretary with regard to the appointment, assignment, or detail
325 22 U. S. C. ? 1043.
126 22 U. S. C. ? 1044. Public Law 429, 81st Cong., 63 Stat. 972, substituted "Classifi-
cation Act of 1949" for "Classification Act of 1928, as amended,".
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198 LEGISLATION ON FOREIGN RELATIONS
of persons to serve on the faculty or staff of the Institute, and the
Secretary shall in each case take such recommendations into consid-
eration in making such appointments, assignments, or details.
SEC. 705.127 The Secretary may, under such regulations as he may
prescribe, pay the tuition and other expenses of officers and employees
of the Service, assigned or detailed in accordance with the provisions
of section 573 (b) for special instruction or training at or with public
or private nonprofit institutions, trade, labor, agricultural, or scientific
associations, or commercial firms.
SEC. 706.128 The Secretary may accept, receive, hold, and admin-
ister gifts, bequests, or devises of money, securities, or property made
for the benefit of, or in connection with, the Foreign Service Institute
in accordance with part C of title X.
SEC. 707.129 The Secretary may, in the name of the United States,
acquire such real property as may be necessary for the operation and
maintenance of the Institute and, without regard to section 3709 of
the Revised Statutes, such other property and equipment as may be
necessary for its operation and maintenance.
TITLE VIII-TINE FOREIGN SERVICE RETIREMENT
AND DISABILITY SYSTEM 'so
SEC. 801.131 (a) The President may prescribe rules and regulations
for.the maintenance of a Foreign Service Retirement and Disability
System, originally established by section 18 of the Act of May 24,
1924 (43 Stat. 144), referred to hereafter as the System.
(b) The Secretary shall administer the System in accordance with
such rules and regulations and with the principles established by
this Act.
SEC. 802.152 The Secretary of the Treasury shall maintain the special
fund, known as the Foreign Service Retirement and Disability Fund,
referred to hereafter as the Fund, originally constituted by section 18
of the Act of May 24,1924 (43 Stat. 144).
-* 22 U. S. C. 8 1045.
sse 22 U. S. C. 1046.
~B 22 U. S. C. 1047.
180 Public Law 503, 84th Cong., 70 Stat. 125, and Public Law 85-882, 85th Cong., 60 Stat.
1025, provide certain increases in the annuities of annuitants under the Foreign Service
Retirement and Disability System.
ial22U.S.C.?g1061.
gas 22 U. S. C. $ 1062.
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LEGISLATION ON FOREIGN RELATIONS 199
PARTICIPANTS
SEC. 803.133 (a) The following persons, hereafter referred to as
participants, shall be entitled to the benefits of the System :
1 All Foreign Service officers;
(2) All other persons making contributions to the Fund on the
effective date of this Act;
(3) Any chief of mission who is not otherwise entitled to be a par-
ticipant and who fulfills the conditions of paragraph (b) of this
section;
(b) A person to become a participant in accordance with the pro-
visions of paragraphs (a) (3) of this section must-
(1) have served as chief of mission for an aggregate period of
twenty years or more, exclusive of extra service credit in accord-
ance with the provisions of section 853; and
(2) have paid into the Fund a special contribution equal to 5
per centum of his basic salary for each year of such service with
interest thereon to date of payment, compounded annually at 4
per centum.
ANNUITANTS
SEC. 804.134 Annuitants shall be persons who are receiving annuities
from the Fund on the effective date of this Act, persons who shall
become entitled to receive annuities in accordance with the provisions
of sections 5192 631, 632, 634, 636, 637, 831, 832, and 833, and all widows'
and beneficiaries of participants who are entitled to receive annuities
in accordance with the terms of this title.'85
PART B-COMPULSORY CONTRIBUTIONS
SEC. 811.188 Five per centum of the basic salary received by each
participant shall be contributed to the Fund, and the Secretary of
the Treasury is directed to cause such deductions to be made and the
sums transferred on the books of the Treasury Department to the
credit of the Fund for the payment of annuities, cash benefits, refunds,
and allowanees.137
PART C-COMPUTATION OF ANNUITIES
SEC. 821.188 (a) The annuity of a participant shall be equal to 2 per
centum of his average basic salary for the highest five consecutive
years of service, for which full contributions have been made to the
Fund multiplied by the number of years service, not exceeding thirty-
five years.' 89 However, the highest five years of service for which full
contributions have been made to the Fund shall be used in computing
the annuity of any Foreign Service officer who serves as chief of mission
-3 22 U. S. C. ? 1063.
184 22 U. S. S.C. ? 1064.
138 The figure "633" appeared following "632" in the original Act but was deleted by sec.
13 of Public Law 22, 84th Cong., 69 Stat. 24.
780 22 U. S. C. ? 1071.
1av The above appeared as subsec. "(a)" in the original Act. The subsection designation
"(a)" and subsec. "(b)" were repealed by sec. 10 o Public Law 250, 84th Cong., 69 Stat.
536. Subsec. (b) formerly read as follows: "All basic salaries in excess of $13,500 per
annum shall be treated as $13,500 for the purposes of this title."
138 22 U. S. C. ? 1076. See also Public Law 348, 82nd Cong., 66 Stat. 81, 22 U. S. C.
?? 1077 and 1078.
139 Sec. 9 (a) of the Foreign Service Act Amendments of 1956 substituted the word
"thirty-five" for "thirty", and added the second sentence in the section.
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and whose continuity ofservice as such is interrupted prior to retire-
ment by appointment or assignment to any other position determined
by the Secretary to be of comparable importance. In determining
the aggregate period of service upon which the annuity is to be based,
the fractional part of a month, if any, shall not be counted."
(b) At the time of his retirement, a participant, if the husband
of a wife to whom he has been married for at least three years or who
is the mother of issue by such marriage, may elect to receive a reduced
annuity for himself and to provide for an annuity payable to his
widow, commencing on the date following his death and continuing
as long as she may live. The annuity payable to his widow shall in
no case exceed 25 per centum of his average basic salary as computed
in accordance with subsection (a) of this section, or 662/3 'per centum
,of his reduced annuity.141 If the age of the participant is less than
the age of the wife or exceeds her age by not more than eight years,
the annuity of the participants will be reduced by an amount equal
to one-half of the annuity which he elects to have paid to his widow.
If the age of the participant exceeds the age of the wife by more than
eight years, the annuity of the participant will be reduced by an
amount equal to one-half the annuity which he elects to have paid to
his widow plus an additional reduction equal to 2 per centum of such
widow's annuity for each year, or fraction thereof, that the difference
in age exceeds eight. The participant may at his option also elect
to have his annuity reduced by an additional 5 per centum of the
amount which he elects to have paid to his widow, with a provision
that, from and after the death of his wife, if the participant shall
survive her, the annuity payable to the participant shall be that amount
which would have been payable if no option had been elected.
(c) A participant who is not married atthe time of his retirement
or who is married to a wife who is not entitled to an annuity in
accordance with the provisions of paragraph (b) of this section may
elect to receive a reduced annuity for himself and to provide for an
additional annuity payable after his death to a beneficiary whose name
shall be notified in writing to the Secretary at the time of his retire-
ment and who is acceptable to the Secretary. The annuity payments
payable to such beneficiary shall be either equal to the deceased par-
ticipant's reduced annuity payments or equal to 50 per centum of
such reduced annuity payments and upon the death of the surviving
beneficiary all payments shall cease and no further annuity payments
shall be due or payable. The combined actuarial value of the two
annuities on the date of retirement as determined by the Secretary
ofthe Treasury shall be the same as the actuarial value of the annuity
provided by paragraph (a) of this section. No such election of a
reduced annuity payable to a beneficiary other than a child of the
participant shall be valid until the participant shall have satisfactorily
passed a physical examination as prescribed by the Secretary. An-
110 This subsection was revised by sec. 11 of Public Law 250, 84th Cong., 69 Stat. 536.
It formerly read as follows :
"The annuity of a participant shall be equal to 2 per centum of his average basic salary,
not exceeding $13,500 per annum, for the five years next preceding the date of his retire-
ment multiplied by the number of years of service, not exceeding thirty years. In de-
termining the aggregate period of service upon which the annuity Is to be based, the
fractional part of a month, if any, shall not be counted."
141 The words "as computed In accordance with subsection (a) of this section," were
substituted for "for the five years next preceding his retirement," by Public Law 828,
84th Congress, 70 Stat. 704.
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nuity payments payable in accordance with the provisions of this
section to a beneficiary who is a child of a participant shall cease when'
the beneficiary reaches the age of twenty-one years.
PART D-BENEFITS ACCRUING TO CERTAIN PARTICIPANTS
RETIREMENT FOIL DISABILITY OR INCAPACITY-PHYSICAL EXAMINATION-
RECOVERY
SEC. 831.142 (a) Any participant who, after serving for a total
period of not less than five years, becomes totally disabled or incapaci-
tated for useful and efficient service by reason of disease or injury
incurred in the line of duty but not due to vicious habits, intemperance,
or willful misconduct on his part, shall, upon his own application or
upon order of the Secretary, be retired on an annuity computed as
prescribed in section 821. If the disabled or incapacitated participant
has had less than twenty years of service at the time he is retired, his
annuity shall be computed on the assumption that he had had twenty
years of service.
(b) In each case such disability shall be determined by the report
of a duly qualified physician or surgeon, designated by the Secretary
to conduct the examination. Unless the disability is permanent, a
like examination shall be made annually until the annuitant has
reached the retirement age as defined in sections 631 and 632, and the
payment of the annuity shall cease from the date of a medical exam-
ination showing recovery. Fees for examinations under this provision,
together with reasonable traveling and other expenses incurred in
order to submit to examination, shall be paid out of the Fund.
(c) When the annuity is discontinued under this provision before
the annuitant has received a sum equal to the total amount of his
contributions, with accrued interest, the difference shall be paid to
him or his legal representatives in the order of precedence prescribed
in section 841.
DEATH IN SERVICE
SEC. 832.193 In case a participant shall die without having estab-
lished a valid claim for annuity, the total amount of his contributions
with interest thereon at 4 per centum per annum, compounded on
June 30 of each year, except as provided in section 881 and as herein-
after provided in this section, shall be paid to his legal representatives
in the order of precedence given under section 841 upon the establish-
ment of a valid claim therefor. If the deceased participant rendered
at least five years of service, and is survived by a widow to whom he
was married for at least three years, or who is the mother of issue by
such marria e, such widow shall be paid an annuity equal to the
annuity which she would have been entitled to receive if her husband
had been retired on the date of his death and had elected to receive a
reduced joint and survivorship annuity, computed as prescribed in
section 821, providing the maximum annuity for his widow, unless
prior to the date of his death he shall have elected, in lieu of such
widow's annuity, and with the approval of the Secretary, to have his
deductions returned with interest as provided in the first sentence
142 22 U S. C. ?,1081.
148 22 U. S. C. ?1082.
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of this section covering participants dying -without having established
a valid claim for annuity. If the deceased participant had had less
than twenty years of service at the, time of his death, the annuity
payable to his widow shall be computed on the assumption that he had
had twenty years of service.
RETIREMENT OF PERSONS WHO ARE PARTICIPANTS UNDER SECTION 803
(A) (3)
SEC. 833.144(a) Any person who is,a participant, has at least twenty
years of service to his credit, and has reached the age of fifty years,
but is not a Foreign Service officer at the time he is retired in accord-
ance with the provisions of law governing retirement in the position
that he occupies, shall be entitled to an annuity computed as prescribed
in section 821.
(b) Any person who is a participant in accordance with the pro-
visions of section 803 (a) (3) shall be entitled to voluntary retirement
to the same extent and subject to the same conditions as a Foreign
Service officer.
PART D-DISPOSITION OF CONTRIBUTIONS AND INTEREST IN Ixcess or
BENEFITS RECEIVED
SEC. 841.145 (a) Whenever a participant becomes separated from
the Service without becoming eligible for an annuity or a deferred
annuity in accordance with the provisions of this Act, the total amount
of contributions from his salary with interest thereon at 4 per centum
per annum, compounded annually up to the date of such separation,
except as provided in section 881, shall be returned to him.
(b) In the event that the total contributions of a retired participant,
other than voluntary contributions made in accordance with the pro-
visions of section 881, with interest compounded annually at 4 per
centum added thereto, exceed the total amount returned to such par-
ticipant or to an annuitant claiming through him, in the form of an-
nuities, accumulated at the same rate of interest up to the date the
annuity payments cease under the terms of the annuity, the excess of
the accumulated contributions over the accumulated annuity payments
shall be paid in the following order of precedence, upon the establish-
ment of a valid claim therefor :
(1) To the beneficiary or beneficiaries designated by the retired
participant in writing to the Secretary;
(2) If there be no such beneficiary, to the duly appointed executor
or administrator of the estate of the retired participant;
(3) If there be no such beneficiary, or executor or administrator,
payment may be made to such person or persons as may appear in
the judgment of the Secretary to be legally entitled thereto, and such
payment shall be a ban to recovery by any other person.
(c) No payment shall be made pursuant to paragraph (b) (3) of
this section until after the expiration of thirty days from the death
of the retired participant or his surviving annuitant.
144 22 U. S. C. ? 1083.
146 22 U. S. C. ? 1080.
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PART F-PERIOD OF SERVICE FOR ANNUITIES
COMPUTATION OF LENGTH OF SERVICE
SEC. 851.148 For the purposes of this title, the period of service of a
participant shall be computed from the effective date of appointment
as Foreign Service oilicer, or, if appointed prior to July 1, 1924, as dip-
lomatic secretary, consul general, consul, vice consul, deputy consul,
consular assistant, consular agent, commercial agent, interpreter, or
student interpreter, and shall include periods of service at different
times as, either a diplomatic or consular officer, or while on assignment
to the epartment, or while on special duty or service in another de-
partment or establishment of the Government, or while on any assign-
ment in accordance with the provisions of part II of title V, but all
periods of separation from the Service and so much of any leaves of
absence as may exceed six months in the aggregate in any calendar year
shall be excluded, except sick leaves of absence for illness or injury in-
curred in the line of duty, with or without pay, and leaves of absences
granted participants while performing active military or naval service
in the Army, Navy, Marine Corps, or Coast Guard of the United
States.
PRIOR SERVICE CREDIT
SEC. 852.141 (a) A participant may, subject to the provisions of this
section, include in his period of service-
(1) service performed as a civilian officer or employee of the
Government prior to becoming a participant; and
(2) active military or naval service in the Army, Navy, Marine
Corps, Air Force, or Coast Guard of the United ice by (b) A person may obtain credit for prior servce by making a
special contribution to the Fund equal to 5 per centum of his annual
salary for each year of service for which credit is sought subsequent
to July 1, 1924 , with interest thereon to date of payment compounded
annually at 4 per centum, except that no special 149 contributions shall
be required for periods of active military or naval service in the Army,
Navy, Marine Corps, Air Force, or Coast Guard of the United States
prior to becoming a participant. Any such participant may, under
such conditions as may be determined in each instance by the Secre-
tary, pay such special contributions in installments during the con-
tinuance of his service.
(c) A special contribution to the Foreign Service Retirement and
Disability Fund made by any participant on or after April 1, 1948,
for the purpose of obtaining service credit in accordance with the
provisions of section 852 (a) (2) of the Foreign Service Act of 1946'
for periods of active military or naval service in the Army, Navy,
Marine Corps, Air Force, or Coast Guard of the United States shall
14622 U. S. C.?1091.
147 22 U. S. C. ? 1092.
148 The words "Air Force" in this subsection were added by sec. 8 of Public Law 22, 84th
Cong., 69 Stat. 24.
140 The words commencing with "except that no special" and continuing through the end
of the sentence were added by sec. 8 of Public Law 22, 84th Cond.., 69 Stat. 24.
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be refunded. Such refund shall not include any interest covering the
period such special contribution, or any part thereof, was on deposit
in the Fund.150
EXTRA SERVICE CREDIT FOR SERVICE AT UNHEALTHFUL POSTS
SEC. 853.151 The President may from time to time establish a list of
places which by reason of climatic or other extreme conditions are
to be classed as unhealthful posts, and each year of duty subsequent to
January 1, 1900, at such posts inclusive of regular leaves of absence,
of participants thereafter retired, shall be counted as one year and a
half, and so on in like proportion in reckoning the length of service
for the purpose of retirement, fractional months being considered as
full months in computing such service, but no such extra credit 152
for service at such unhealthful posts shall be credited to any partici-
pant who shall have been paid a salary differential in accordance with
section 443, as amended, for such service performed subsequent to the
date of enactment of the Foreign Service Act Amendments of 1955.
CREDIT FOR SERVICE WHILE ON MILITARY LEAVE
SEC. 854 158 Contributions shall not be required covering periods of
leave of absence from the Service granted a participant while per-
forming active military or naval service in the Army, Navy, Marine
Corps, or Coast Guard of the United States.
PART G-MONEYS
ESTIMATE OF APPROPRIATIONS NEEDED
SEC. 861.154 The Secretary of the Treasury shall prepare the esti-
mates of the annual appropriations required to be made to the Fund,
and shall make actuarial valuations of such funds at intervals of five
years, or oftener if deemed necessary by him. The Secretary of
State may expend from money to the credit of the Fund an amount
not exceeding $5,000 per annum for the incidental expenses necessary
in administering the provisions of this title, including actuarial advice,
ANNUAL REPORT TO CONGRESS
SEC. 862.165 The Secretary shall submit annually to the President
and to the Congress a comparative report showing the condition of
160 Subsee. (c) was substituted by sec. 8 of Public Law 22, 84th Cong., 69 Stat. 24. This
subsection formerly read as follows :
"Nothing in this Act shall be construed so as to affect in any manner a participant's
right to retired pay, pension, or compensation in addition to the annuities herein provided,
but no participant may obtain prior service credit toward an annuity under the Foreign
Service Retirement and Disability System for any period of service whether in a civilian
or military capacity, on the basis of which he is receiving or will in the future be entitled
toreceive any annuity, pension, or other retirement or disability payment or allowance."
22 U. S. C. ? 1093.
10 The words end of the sentence were iadded tby~ sec. 9 of Public Law 22, 84th Cong., 69ngg Statr24 h Tthe
he
following sentence, which appeared at the end of the subsection, was deleted :
"The President may at any time cancel the designation of any places as unhealthful
without affecting any credit which has accrued for service at such posts prior to the date
of cancellation."
363 22 U. S. C. 1094.
36' 22 U. S. C. 1101.
166 22 U. S. C. 1102.
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LEGISLATION ON FOREIGN RELATIONS 205
the Fund and estimates of appropriations necessary to continue this
title in full force.
SEC. 863.1156 The Secretary of the Treasury shall invest from time
to time in interest-bearing securities of the United States such portions
of the Fund as in his judgment may not be immediately required for
the payment of annuities, cash benefits, refunds, and allowances, and
the income derived from such investments shall constitute a part of
such Fund.
SEC. 864117 None of the moneys mentioned in this title shall be as-
signable either in law or equity, or be subject to execution, levy attach-
ment, garnishment, or other legal process, except as provide. in sec-
tion634 (c).158
PART II-OFFICERS REINSTATED IN THE SERVICE
SEC. 871.159 A Foreign Service officer, reinstated in the Service in
accordance with the provisions of section 520 (b) shall, while so serv-
ing, be entitled in lieu of his retirement allowance to the full pay of the
class in which he is temporarily serving. During such service, he shall
make contributions to the Fund in accordance with the provisions of
section 811. If the annuity he was receiving prior to his reinstatement
in the Service was based on less than thirty-five 160 years of service
credit, the amount of his annuity when he reverts to the retired list
shall be recomputed on the basis of his total service credit.
SEC. 881.161 (a) Any participant may, at his option and under such
regulations as may be prescribed by the President, deposit additional
sums in multiples of 1 per centum of his basic salary, but not in excess
of 10 per centum of such salary, which amounts together with interest
at 3 per centum per annum, compounded on June 30 of each year,
shall at the (late of his retirement and at his election, be-
1 returned to him in a lump sum ; or
2) used to purchase an additional life annuity; or
(3) used to purchase an additional life annuity for himself and
to provide for a cash payment on his death to a beneficiary whose
name shall be notified in writing to the Secretary by the partici-
pant; or
d) used to purchase an additional life annuity for himself
a life annuity commencing on his death payable to a bene-
ficiary whose name shall be notified in writing to the Secretary
by the participant with a guaranteed return to the beneficiary or
his legal representative of an amount equal to the cash payment
referred to in paragraph 3.
1EA 22 U. S. C. ? 1103.
,57 22 U. S. C. ? 1104.
1ss "(c)" was substituted for "(b)" by sec. 13 of Public Law 22, 84th Cong., 69 Stat. 24.
150 22 U. S. C. ? 1111.
10o See. 10 of the Foreign Service Act Amendments of 1956 substituted the word "thirty-
five" in place of "thirty".
161 22 U. S. C. ? 1116.
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(b) The benefits provided by subparagraphs 2, 3, or 4 of paragraph
(a) of this section shall be actuarially equivalent in value to the
payment provided for by paragraph (a) (1) of this section and shall
be calculated upon such tables of mortality as may be from time to
time prescribed for this purpose by the Secretary of the Treasury.
(c) In case a participant shall become separated from the Service
for any reason except retirement on an annuity, the amount of any
additional deposits with interest at 3 per centum per annum, com-
pounded annually, made by him under the provisions of this para-
graph shall be refunded in the manner provided in section 841 for
the return of contributions and interest in the case of death or with-
drawal from active service.
(d) Any benefits payable to an officer or to his beneficiary in respect
to the additional deposits provided under this paragraph shall be in
addition to the benefits otherwise provided under this title.
TITLE IX-ALLOWANCES AND BENEFITS
PART A-ALLOWANCES AND SPECIAL ALLOTMENTS 162
QUARTERS, COST OF LIVING, AND REPRESENTATION ALLOWANCES
SEC. 901.163 In accordance with such regulations as the President
may prescribe and notwithstanding the provisions of section 1765
of the Revised Statutes (5 U. S. C. 70), the Secretary is authorized
to grant to any officer or employee of the Service who is a citizen of
the United States-
(1) allowances, wherever Government owned or rented quar-
ters are not available for living quarters, heat, light, fuel, gas,
and electricity, including allowances for the cost of lodging at
temporary quarters, incurred by an officer or employee of the
Service and the members of his family upon first arrival at a
new' post, for a period not in excess of three months after such
first arrival or until the occupation of residence quarters, which-
ever period shall be shorter, up to but not in excess of the aggre-
gate amount of the per diem that would be allowable to such
officer or employee for himself and the members of his family
for such period if they were in travel status; 164
(2) cost-of-living allowances, whenever the Secretary shall
determine-
(i) that the cost of living at a post abroad is proportion-
ately so high that an allowance is necessary to enable an
officer or employee of the Service at such post to carry on his
work efficiently;
(ii) that extraordinary and necessary expenses, not other-
wise compensated for, are incurred by an officer or employee
of the Service incident to the establishment of his residence at
102 Sec. 14 of Public Law 855, 84th Cong., 70 Stat. 890, provides as follows :. "Appropria-
tions now or hereafter made available for allowances granted under the authority in part
A of title IX of the Foreign Service Act of 1946, as amended (22 U. S. C. 1131), Including
an allowance for water as authorized In section 13 of this Act shall be available for the
payment of such allowances In advance."
1822 U. S. C. 61131.
164 Sec. 13 of Public Law 885, 84th Cong., 70 Stat. 890, provides as follows "Allowances nder
n
the
n may i clude water, on addition to the utilities specifled.Act of 1946 (22 U. S. C. 1131 (1) ),
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LEGISLATION ON FOREIGN RELATIONS G
any post of assignment abroad or at a post of assignment in
the continental United States between assignments to posts
abroad; 165
(iii) that an allowance is necessary to assist an officer or
employee of the Service who is compelled by reason of dan-
gerous, notably unhealthful, or excessive adverse living condi-
tions at his post abroad or for the convenience of the
Government to meet the additional expense of maintaining
his wife and minor children elsewhere than in the country of
his assignment;
(iv) that extraordinary and necessary expenses, not other-
wise compensated for, must be incurred by an officer or
employee of the Service, by reason of his service abroad, in
providing for adequate elementary and secondary education
for his dependents; allowances under this subparagraph for
any post shall not exceed the cost of obtaining such educa-
tional services as are ordinarily provided without charge by
the public schools of the United States plus, in those cases
where adequate schools are not available at the post, board
and room, and periodic transportation between the post and
the nearest locality where adequate schools are available; if
any such officer or employee employs a less expensive method
of providing such education, any allowance paid to him shall
be reduced accordingly; no allowance shall be paid under this
subparagraph for a. dependent for whom a travel allowance
has been paid under section 911 (9) ; 188
(3) allowances in order to provide for the proper representa-
.tion of the United States by officers or employees of the Service.
ALLOTMENT FOR OFFICIAL RESIDENCE OF CHIEF AMERICAN REPRESENTATIVE
SEC. 902.161 The Secretary may under such regulations as he may
prescribe, make an allotment of funds to any post to defray the unusual
expenses incident to the operation and maintenance of official resi-
dences suitable for principal representatives of the United States at
that post.-611
SEC. 901.189 All such allowances and allotments shall be accounted
for to the Secretary in such manner and under such rules and regula-
tions as the President may prescribe. The Secretary shall report all
such expenditures annually to the Congress with the budget estimates
of the Department.
186 The words commencing with "any posts of assignment" and continuing through the
end of this subsection were substituted for his post of assignment" by sec. 10 of Public
Law 22. 84th Cone.. 69 Stat. 24.
'88 This subsection was added by see. 10 of Public Law 22, 84th Cong., 69 Stat. 24.
'd7 22 U. S. C. ? 1132.
208 Sec. 902 was revised by sec. 11 of the Foreign Service Act Amendments of 1956. It
formerly read : "The Secretary may, under such regulations as he may prescribe, make an
allotment of funds to any post to defray the unusual expenses incident to the operation and
maintenance of an official residence suitable for the chief representative of the United
states at that post."
22U.S.C.?1183.
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SEC. 911.70 The Secretary may, under such regulations as he shall
prescribe, pay-
(1) the travel expenses of officers and employees of the Service,
including expenses incurred while traveling pursuant to orders
issued by the Secretary in accordance with the provisions of sec-
tion 933 with regard to the granting of home leave;
(2) the travel expenses of the members of the family of an
officer or employee of the Service when proceeding to or returning
from his post of duty; accompanying him on authorized home,
leave; or otherwise traveling in accordance with authority granted.
pursuant to the terms of this or any other Act;
(3) the cost of transporting the furniture and household and.
personal effects of an officer or employee of the Service to his.
successive posts of duty and, on the termination of his services,.
to the place where he will reside;
(4) the cost of storing the furniture and household and personal
effects of an officer or employee of the Service who is absent under
orders from his usual post of duty, or who is assigned to a post.
to which, because of emergency conditions, he cannot take or at.
which he is unable to use, his furniture and household and personal
effects;
(5) the cost of storing the furniture and household and personal
effects of an officer or employee of the Service on first arrival at
a post for a period not in excess of three months after such first
arrival at such post or until the establishment of residence quar-
ters, whichever shall be shorter;
(6) the travel expenses of the members of the family and the
cost of transporting the personal effects and automobile of an
officer or employee of the Service, whenever the travel of such
officer or employee is occasioned by changes in the seat of the
government whose capital is his post;
(7) the travel expenses and transportation costs incident to the
removal of the members of the family of an officer or employee of
the Service and his furniture and household and personal effects,
including automobiles, from a post at which, because of the preva-
lence of disturbed conditions, there is imminent danger to life
and property, and the return of such persons, furniture, and effects
to such post upon the cessation of such conditions; or to such
other in as may in the meantime have become the post to which
such officer or employee has been assigned;
(8) the cost of preparing and transporting to their former
homes in the continental United States or to a place not more
distant, the remains of an officer or employee of the Service who
is a citizen of the United States and of the members of his family
who may die abroad or while in travel status;
(9) the travel expenses incurred by an officer or employee of the
Service who is assigned to a foreign post, in transporting depend-
ents to and from United States ports of entry designated by the
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LEGISLATION
Secretary, to obtain an American secondary or college education,
not to exceed one trip each way for each dependent for the purpose
of obtaining each type of education 171
LOAN OF HOUSEHOLD EQUIPMENT
SEC. 912.172 The Secretary may, if he shall find it in the interests of
the Government to do so as a means of eliminating transportation costs,
provide officers and employees of the Service with household equipment
for use on a loan basis in personally owned or leased residences.
TRANSPORTATION OF AUTOMOBILES
SEC. 913.173 The Secretary may, notwithstanding the provisions of
any other law, transport for or on behalf of an officer or employee of
the Service, a privately owned automobile in any case where he shall
determine that. water, rail, or air transportation of the automobile is
necessary or expedient for any part or of all the distance between
points of origin and destination.
PART C-COMMISSARY SERVICE
SEC. 921.114 (a) The Secretary may, under such regulations as he
may prescribe establish and maintain emergency commissary or mess
services in such places abroad where, in his judgment, such services are
necessary temporarily to insure the effective and efficient performance
of the duties and responsibilities of the Service such services to be
available to the officers and employees of all dovernment agencies
located in any such places abroad. Reimbursements incident to the
maintenance and operation of commissary or mess service shall be at
not less than cost as determined by the Secretary and shall be used as
working funds : Provided, That an amount equal to the amount ex-
pended for such services shall be covered into the Treasury as miscel-
laneous receipts.
(b) 175 The Secretary, under such regulations as he may prescribe,
may authorize and assist in the establishment, maintenance, and opera-
tion, by officers and employees of the. Service, of non-Government-
operated commissary and mess services and recreation facilities at.
posts abroad, including the furnishing of space, utilities, and proper-
ties owned or leased by the United States for use by its diplomatic and
consular missions. The provisions of the Foreign Service Buildings
Act, 1926, as amended (22 U. S. C. 292-300), may be utilized by the
Secretary in providing such assistance. Commissary or mess services
and recreation facilities established pursuant to this subsection shall be
made available, insofar as practicable, to officers and employees of
other Government agencies and their dependents who are stationed
171 This subsection was added by sec. 11 of Public Law 22, 84th Cong., 69 Stat. 24.
17s 22 U. S. C. ? 1137.
178 22 U. S. C. ? 1138.
174 22 U. S. C. ? 1139. Sec. 12 (a) of the Foreign Service Act Amendments of 195&
amended see. 921 by inserting "(a)" immediately after the section number; by striking out
the words "and pursuant to appropriations therefor," in the first sentence ; and amending
the proviso in the second sentence, which formerly read : "Provided, That each year an
amount equal to the amount of the appropriation for such service shall be covered into the
Treasury as miscellaneous receipts not later than six months after the close of the fiscal
year for which any such appropriation is made."
175 Subsecs. (b), (c), and (d) were added by sec. 12 (b) of the Foreign Service Act
Amendments of 1956.
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1 LEGISLATION ON FOREIGN RELATIONS
abroad. Such services or facilities shall not be established in localities
where another United States agency operates similar services or facili-
ties unless the Secretary determines that such additional services or
facilities are necessary.
(c) 175 Notwithstanding the last paragraph under the heading "Sub-
sistence Department" in the Act of March 3, 1911 (10 U. S. C. 1253),
or the provisions of any other law, charges at any post abroad by a
commissary or mess service or recreation facility authorized or assisted
under this section shall be at the same rate for all civilian personnel
of the Government serviced thereby, and all charges for supplies
furnished to such a service or facility abroad by any Government
agency shall be at the same rate as that charged by the furnishing
agency to its civilian commissary or mess services or recreation
facilities.
(d) 175 Nothwithstanding the provisions of section 5 of the Act of
July 16,1914, as amended (5 U. S. C. 78), the Secretary may authorize
any principal officer to approve the use of Government-owned vehicles
located at his post for transportation of United States Government
employees who are American citizens, and their dependents, to and
from recreation facilities when public transportation is unsafe or is not
available.
ORDERING RETURN OF PERSONNEL TO UNITED STATES ON LEAVES OF ABSENCE
SEC. 933 177 (a) The Secretary shall order to the continental United
States, its Territories and possessions,"" on statutory leave of absence
every officer and employee of the Service who is a citizen of the United
States upon completion of two years' continuous service abroad or as
soon as possible thereafter.
(b) While in the continental United States, its Territories and pos-
sessions,178 on leave, the service of any officer or employee shall be avail-
able for such work or duties in the Department or elsewhere as the
Secretary may prescribe, but the time of such work or duties shall not
be counted as leave.
SEC. 934.179 (a) A Reserve officer, assigned to the Service from any
Government agency shall, notwithstanding the provisions of any other
law, be granted annual leave of absence and sick leave of absence in
accordance with the provisions of part D of this title during the period
of his assignment.
(b) Under such regulations as the President may prescribe, a
person assigned to the Service as a Reserve officer from any Govern-
ment agency may, notwithstanding the provisions of the Act of Decem-
ber 21, 1944 (58 Stat. 845; 5 U. S. C. 61b), transfer to the Service any
178 Sec. 931 concerning annual leave and section 932 concerning sick leave were repealed
by see. 207 (a) (6) of Public Law 233, 82d Cong., 65 Stat. 682. These matters are now
covered by chapter 23 of title 5.
177 22 U. S. C. ? 1148.
178 Sec. 11 (e) of the Mutual Security Act of 1956 amended sec. 544 of the Mutual
Security Act of 1954, as amended, by adding a subsection (e) which amends see. 933 by
inserting after "continental United States" where it appears in subsecs. (a) and (b) the
following, ", its Territories and possessions,".
1- 22 U. S. C. ? 1149.
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L ON FOREZTGN REL~ATTONS GG
annual or sick leave of absence standing to his credit at the time of
his assignment to the Service. On his return to the agency by which
he is regularly employed he may transfer the aggregate of his accumu-
lated and current annual and sick leave to that agency but the amount
of leave so transferred shall not exceed the maximum which an officer
or employee of the agency to which he is returning may have to his
credit on the date of his return.
SEC. 935180 Under such regulations as the President may prescribe
an officer or employee of the Service who resigns from the Service in
order to accept an appointment in any Government agency may trans-
fer to such Government agency any annual or sick leave of absence
standing to his credit at the time of his resignation from the Service
and any officer or employee of any Government agency who resigns
from such agency in order to accept an appointment to the Service
may transfer to the Service any annual or sick leave of absence stand-
ing to his credit at the time of his resignation from the Government
agency in which he was employed, but in no event shall the amount
of annual or sick leave of absence so transferred exceed the maximum
amount of the annual or sick leave of absence which may be accumu-
lated in either the Service or the Government agency to which such
person is appointed, as the case may be.
APPLICATION OF ANNUAL AND SICK LEAVE ACT OF 1951
SEC. 936.181 The Annual and Sick Leave Act of 1951, as amended
(5 U. S. C. 2061 and the following), shall apply to career ministers
and Foreign Service officers, who are not serving as chiefs of mission
or who are not serving in a position in the Department which requires
appointment by the President, by and with the advice and consent of
the Senate, and to Foreign Service Reserve officers who are commis-
sioned as diplomatic or consular officers, or both, in accordance with
section 524 of the Foreign Service Act of 1946, as amended, notwith-
standing the provisions of section 202 (c) (1) (A) of the Annual and
Sick Leave Act of 1951, as amended.
SEC. 941.182 (a) In the event an officer or employee of the Service
who is a citizen of the United States incurs an illness or injury while
such person is located abroad, which requires hospitalization or similar
treatment, and which is not the result of vicious habits, intemperance,
or misconduct on his part, the Secretary may, in accordance with
such regulations as he may prescribe, pay for the cost of treatment of
such illness or injury.
ieo 22 U. S. C. ? 1150.
181 Sec. 936 is added by sec. 17 of the Foreign Service Act Amendments of 1956.
In 22 U. S. C. ? 1156. This section was amended by sec. 13 of the Foreign Service Act
Amendments of 1956. It read as follows: "The Secretary may, in the event of illness or
injury requiring hospitalization of an officer or employee of the Service who is a citizen
of the United States, not the result of vicious habits, intemperance, or misconduct on his
part, incurred in the line of duty while such person Is assigned abroad pay for the cost of
the treatment of such illness or injury at a suitable hospital or clInic.'l
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212 LEGISLATION ON FOREIGN RELATION+B
(b) In the event a dependent of a United States citizen officer or
employee of the Service who is stationed abroad? incurs an illness or
injury while such dependent is located abroad, which requires hospital-
ization or similar treatment, and which is not the result of vicious
habits intemperance, or misconduct on his part, the Secretary may in
accordance with such regulations as he may prescribe, pay for thIat
portion of the cost of treatment of each such illness or injury that
exceeds $35 up to a maximum limitation of one hundred and twenty
days of treatment for each such illness or injury, except that such
maximum limitation shall not apply whenever the Secretary, on the
basis of professional medical advice, shall determine that such illness
or injury clearly is caused by the fact that such dependent is or has
been located abroad.
(c) After sufficient experience in the operation of the medical pro-
tection plan authorized in subsections (a) and (b) of this section has
been obtained, as determined by the Secretary, and if he considers that
the benefits so authorized can be provided for as well and as cheaply
in other ways, the Secretary may, under such regulations, and for such
persons, locations, and conditions as he may deem appropriate, and
within the limits prescribed in such subsections, contract for medical
care pursuant to such arrangements, insurance, medical service, or
health plans as he may deem appropriate.
TRANSPORTATION TO APPROVED HOSPITALS
SEc. 942.'111-1 (a) In the event an officer or employee of the Service
who is a citizen of the United States or his dependents incurs an illness
or injury requiring hospitalization, not the result of vicious habits, in-
temperance or misconduct, while stationed abroad in a locality where
there does not exist a suitable hospital or clinic, the Secretary may, in
accordance with such regulations as he may prescribe, pay the travel
expenses of such person by whatever means he shall deem appropriate
and without regard to the Standardized Government Travel Regula-
tions and section 10 of the Act of March 3, 1933, as amended (68 Stat.
808, 5 U. S. C. 73b), to the nearest locality where a suitable hospital
or clinic exists, and on his recovery pay for the travel expenses of his
return from such hospital or clinic. If any such officer, employee or de-
pendent is too ill to travel unattended, the Secretary may also pay the
round-trip travel expenses of an attendant or attendants.
(b) The Secretary may establish a first-aid station and provide for
the services of a physician, a nurse, or other medical personnel at a
post at which, in his opinion, sufficient personnel is employed to war-
rant such a station.184
183 22 U. S. C. ? 1157. Amended by sec. 14 (a) of the Foreign Service Act Amendments of
1956. It formerly read as follows : "(a) The Secretary may, in the event of illness or
injury requiring the hospitalization of an officer or employee of the Service who is a citizen
of the United States, not the result of vicious habits, intemperance, or misconduct on his
part, incurred while on assignment abroad, in a locality where there does not exist a suita-
able hospital or clinic, pay the travel expenses of such officer or employee by whatever
means he shall deem appropriate and without regard to the Standardized Government
Travel Regulations and section 10 of the Act of March 3, 1933 (47 Stat. 1516; 5 U. S. C.
73b), to the nearest locality where a suitable hospital or clinic exists and on his recovery
pay for the travel expenses of his return to his post of duty. If the officer or employee is
too ill to travel unattended, the Secretary may also pay the travel expenses of an
attendant."
's See. 14 (b) of the Foreign Service Act Amendments of 1956 amended subsec. (b) by
inserting the words "a physician," immediately following the phrase "the services of"
and by inserting immediately following the words "a nurse" the words ", or other medical
personnel".
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PHYSICAL EXAMINATIONS AND COSTS OF INOCULATIONS
SEC. 943'86 The Secretary shall, under such regulations as he may
prescribe, provide for physical examinations for applicants for em-
ployment and for officers and employees of the Service who are
citizens of the United States, and for their dependents, including
examinations necessary to establish disability or incapacity in accord-
ance with the provisions of section 831, and shall provide for adminis-
tering inoculations or vaccinations to such officers and employees and
their dependen.ts.18B
TITLE X-MISCELLANEOUS
PART A-PROHIBITIONS
AGAINST UNIFORMS
SEC. 1001157 An officer or employee of the Service holding a position
of responsibility in the Service shall not wear any uniform except
such as may be authorized by law or such as a military commander may
require civilians to wear in a theater of military operations.
AGAINST ACCEPTING PRESENTS
SEC. 1002.181' An officer or employee of the Service shall not ask or,
`without the consent of the Congress, receive, for himself or any other
person, any present, emolument, pecuniary favor, office, or title from
any foreign government. A chief of mission or other principal officer
may, however, under such regulations as the President may prescribe,
accept gifts made to the United States or to any political subdivision
thereof by the government to which he is accredited or from which he
holds an exequatur.
AGAINST ENGAGING IN BUSINESS ABROAD
SEC. 1003.189 An officer or employee of the Service shall not, while
holding office, transact or be interested in any business or engage for
profit in any profession in the country or countries to which he is
assigned abroad in his own name or in the name or through the agency
of any other person, except as authorized by the Secretary.
AGAINST CORRESPONDENCE ON AFFAIRS OF FOREIGN GOVERNMENTS
SEC. 1004.190 (a) An officer or employee of the Service shall not
correspond in regard to the public affairs of any foreign government
except with the proper officers of the United States, except as author-
ized by the Secretary.
186 22 U. S. C. ? 1158.
188 This section as amended, was amended by sec. 15 of the Foreign Service Act Amend-
ments of 1950. It formerly read as follows : The Secretary shall, under such regulations
as he may prescribe, provide for the periodic physical examination of officers and employees
of the Service who are citizens of the United States, and their dependents including
examinations necessary to establish disability or incapacity in accordance with the pro-
visions of section 831, and for the cost of administering inoculations or vaccinations to
such officers or employees, and their dependents."
187 22 U. S. C. 1 803.
188 22 U S. C. 804.
lR0 22 U. . S C. ? 805.
100 22 U. S. C. ? 806.
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(b) An officer or employee of the Service shall not recommend any
person for employment in any position of trust or profit under the
government of the country to which he is detailed or assigned, except
as authorized by the Secretary.
AGAINST POLITICAL, RACIAL, RELIGIOUS, OR COLOR t)ISCRIMINATON
SEC. 1005.181 In carrying out the provisions of this Act, no political
test shall be required and none shall be taken into consideration, nor
shall there be any discrimination against any person on account of
race, creed, or color.
PART B-Boxes
SEC. 1011.192 Every secretary, consul general, consul, vice consul
Foreign Service officer, and Foreign Service Reserve officer, and, ii
required, any other officer or employee of the Service or of the Depart-
ment before he enters upon the duties. of his office shall give to. the
United States a bond in such form and in such penal sum as the Secre-
tary shall prescribe, with such sureties as the Secretary shall approve,
conditioned without division of penalty for the true and faithful
performance of his duties, including (but not by way of limitation)
certifying vouchers for payment, accounting for, paying over, and
delivering up of all fees, moneys, goods, effects, books, records, papers
and other property that shall come to his hands or to the hands of
any other person to his use as such officer or employee under any
law now or hereafter enacted and for the true and faithful perform-
ance of all other duties now or hereafter lawfully imposed upon him
as such officer or employee and such bond shall be construed to be
conditioned for the true and faithful performance of all official duties
of whatever character now or hereafter lawfully imposed upon him,
or by him assumed incident to his employment as an officer or employee
of the Government. Notwithstanding any other provisions of law,
upon approval of any bond given pursuant to this Act, the principal
shall not be required to give another separate bond conditioned for
the true and faithful performance of only a part of the duties for
which the bond given pursuant to this Act is conditioned. The bond
of an officer or employee of the Service shall be construed to be con-
ditioned for the true and faithful performance of all acts of such
officer incident to his office regardless of whether appointed or com-
missioned as diplomatic, consular, Foreign Service officer, or other
officer of the Service. The bonds herein mentioned shall be deposited
with the Secretary of the Treasury. Nothing herein contained shall
be deemed to obviate the necessity of furnishing any bond which may
be required pursuant to the provisions of the Subsistence Expense
Act of 1926, as amended (44 Stat. 688; 47 Stat. 405; 56 Stat. 39;
5 U. S. C. 821-823, 827-833).
PART 0i-Gins
SEC.. 1021.193 (a) The Secretary may accept on behalf of the United
States gifts made unconditionally by will or otherwise for the benefit
22 U. a. C. ? 807.
aea 22 U. S. C. 808.
22 U. S. C. ? 809.
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LEGISLATION ON FGRETGN RELATIONS 215
of the Service or for the carrying out of any of its functions. Con-
ditional gifts may be so accepted if recommended by the Director
General, and the principal of and income from any such conditional
,gift-.shall:.be held, invested, reinvested,-and used in accordance with
its conditions, but no gift shall be accepted which is conditioned, upon.
any expenditure not to be met therefrom or from the income thereof
unless such expenditure has been approved by Act of Congress.
(b) Any unconditional gift of money accepted pursuant to the
authority granted in paragraph (a) of this section, the net proceeds
from the liquidation (pursuant to paragraph (c) or paragraph (d)
of this section) of any other property so accepted, and the proceeds
of insurance on any such ,gift property not used for its restoration,
shall be deposited in the Treasury of the United States and are hereby
appropriated and shall be held in trust by the Secretary of the
Treasury for the benefits of the Services and he may invest and reinvest
such funds in interest-bearing obligations of the United States or in
obligations guaranteed as to both principal and interest by the United
States. Such gifts and the income from such investments shall be
available for expenditure in the operation of the Service and the
performance of its functions, subject to the same examination and audit
as is provided for appropriations made for the Service by Congress.
(c) The evidences of any unconditional gift of intangible personal
property other than money, accepted pursuant to the authority
granted in paragraph (a) of this section, shall be deposited with the
Secretary of the Treasury and he, in his discretion, may hold them,
or liquidate them except that they shall be liquidated upon the
request of the Secretary whenever necessary to meet payments re-
quired in the operation of the Service or the performance of its
functions. The proceeds and income from any such property held by
the Secretary of the Treasury shall be available for expenditure as is
provided in paragraph (b) of this section.
(d) The Secretary shall hold any real property or any tangible per-
sonal property accepted unconditionally pursuant to the authority
granted in paragraph (a) of this section and he shall permit such
property to be used for the operation of the Service and the per-
formance of its functions or he may lease or hire such property, and
may insure suchpproperty, and deposit the income thereof with the
Secretary of the Treasury, to be available for expenditure as provided
in paragraph (b) of this section. The income from any such real
property or tangible personal property shall be available for ex-
penditure in the discretion of the Secretary for the maintenance, pres-
ervation, or repair and insurance of such property and any proceeds
from insurance may be used to restore the property insured. Any
such property when not required for the operation of the Service or the
performance of its functions may be liquidated by the Secretary, and
the proceeds thereof deposited with the Secretary of the Treasury
whenever in his judgment the purposes of the gifts will be served
thereby.
(e) For the purpose of Federal income, estate, and gift taxes, any
gift, devise, or bequest accepted by the Secretary under authority of
this Act shall be deemed to be a gift, devise, or bequest to or for the use
of the United States.
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216 LEGISLATION ON FOREIGN RELATIONS
PART D-AUTHORIZATION TO RETAIN ATTORNEYS
SEC. 1031 1w The Secretary may, without regard to sections 189 and
365 of the revised Statutes (5 U. S. C. 49 and 314), authorize a prin-
cipal officer to procure legal services whenever such services are re-
quired for the protection of the interests of the Government or to
enable an officer or employee of the Service to carry on his work
efficiently.
NoTr.-This section is now covered by sections 3 and 4 of
Public Law 73, 81st Congress, 63 Stat. 111, as amended by
Public Law 726, 84th Congress, 70 Stat. 555. Section 3 is set
out as a Note following section 201 (see page 173). Section 4
provides as follows : "The Secretary of State may promulgate
such rules and regulations as may be necessary to carry out
the functions now or hereafter vested in the Secretary of State
or the Department of State, and he may delegate authority to
perform any of such functions, including if he shall so specify
the authority successively to redelegate any of such functions,
to officers and employees under his direction and supervision."
SEC. 1051.11 Section 116 of the Internal Revenue Code, as amended
(53 Stat. 48; 53 Stat. 575; 56 Stat. 842; 58 Stat. 46; 26 U. S. C. 116),
relative to exclusions from gross income, is further amended by adding
at the end thereof a new subsection to read as follows:
"(k) In the case of an officer or employee of the Foreign Service of
the United States, amounts received by such officer or employee as
allowances or otherwise under the terms of title IX of the Foreign
Service Act of 1946."
PART G-INTERPRETATION OF TEE Acrr
SEC. 1061.107 The provisions of this Act shall be construed liberally
in order to effectuate its purpose.
Y9n22U.S.C.?810.
10 Sec. 1041 of the Foreign Service Act of 1946 was repealed by see. 6 of Public Law 73,
81stGong. 63 Stat. 111. It formerly read as follows
"(a) The Secretary may delegate to officers or employees holding positions of responsi-
bility in the Department or the Service or to such boards as he may continue or establish
any of the powers conferred upon him by this Act to the extent that he finds such delega-
tion to be In the interests of the efficient administration of the Service.
"(b) The Director General may delegate to officers or employees holding positions of
responsibility in the Department or the Service any of the powers conferred upon him by
this Act to the extent that he finds such delegation to be in the Interests of the efficient
administration of the Service."
396 This section is now covered by 26 U. S. C. ? 012 (b).
297 22. U. S. C. 1801 note.
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SEC. 1062198 If any provision of this Act or the application of any
such provision to any person or circumstance shall be held invalid,
the validity of the remainder of the Act and the applicability of such
provision to other persons or circumstances shall not be affected
thereby.
HEADINGS OF TITLES, PARTS, AND SECTIONS
SEC. 1063.199 The headings descriptive of the various titles, parts,
and sections of this Act are inserted for convenience only, and, in case
of any conflict between any such heading and the substance of the
title, part, or section to which it relates, the heading shall be disre-
garded.
PROVISIONS OF THE ACT OF JULY 3, 1946
SEC. 1064 .2011 Nothing in this Act shall be construed to affect the
provisions of sections 1 2, 3, and 4 of the Act of July 3, 1946 (Public
Law 488, Seventy-ninth Congress). The "classified grades" within
the meaning of that Act shall, from and after the effective date of
this Act, be construed to mean classes 1 to 5, inclusive.
PART II-AUTHORIZATION FOR APPROPRIATIONS
SEC. 1071.201 Appropriations to carry out the purposes of this Act
are hereby authorized.
198 22 U. S. C. ? 801 note.
199 22 U. S. C. 801 note.
100 22 U. S. C. 801 note.
20122 U. S. C. 801 note.
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2. Strengthening the Organization of the State Department
Text of Public Law 73, 81st Congress [S. 1704], approved May 26, 1949, as
amended by Public Law 250, 84th Congress [S. 2237], approved August 5, 1955,
Public Law 85-477, 85th Congress [H. R. 12181], approved June 30, 1958, and
Public Law 85-524, 85th Congress [S. 1832], approved July 18, 1958
AN ACT To strengthen and improve the organization and administration of the
Department of State, and for other purposes.
Be-it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That there shall
be in the Department of State in addition to the Secretary of State
an Under Secretary of State, two Deputy Under Secretaries of State,
and eleven Assistant Secretaries of State
SEC. 2. (a)2 The Secretary of State and the officers referred to in
section 1 of this Act, as amended, shall be appointed by the President
by and with the advice and consent of the Senate. The Counselor of
the Department of State and the Legal Adviser who are required to be
appointed by the President, by and with the advice and consent of the
Senate, shall rank equally with and shall receive the same salary as
the Assistant Secretaries of State. Any such officer holding office at
the time the provisions of this Act, as amended, become effective shall
not be required to be reappointed by reason of the enactment of this
Act, as amended. Unless otherwise provided for by law, the rate of
basic compensation of the Deputy Under Secretaries of State shall
be the same as that of Assistant Secretaries of State .3
(b) There is hereby established in the Department of State the
Office of Under Secretary of State for Economic Affairs, which shall
be filled by appointment by the President, by and with the advice
and consent of the Senate. The Under Secretary of State for Eco-
nomic Affairs shall receive compensation at the rate of $22,000 per year
and shall perform such duties as may be prescribed by the Secretary
of State. The President may initially fill the position of Under Secre-
tary of State for Economic Affairs by appointing, without further
advice and consent of the Senate, the officer who, on the date of the
enactment of this subsection, held the position of Deputy Under Secre-
tary of State for Economic Affairs. Any provision of law vesting
authority in the "Deputy Under Secretary of State for Economic
Affairs" or any other reference with respect thereto is hereby amended
to vest such authority in the Under Secretary of State for Economic
Affairs.4
1 Public Law 78, 81st Cong., provided for a Secretary of State, an Under Secretary of
State, and ten Assistant Secretaries, two of which might be designated as Deputy Under
Secretaries. Public Law 250, 84th Cong., provided for a Secretary of State, an Under
Secretary of State, three Deputy Under Secretaries of State, and ten Assistant Secretaries
of State. The designated number of Deputy Under Secretaries of State in this paragraph
was changed to two by Public Law 85-477, the Mutual Security Act of 1958 (sec. 502 (J)
(1), and the number of Assistant Secretaries increased from ten to eleven by Public Law
85-524, 85th Cong.
2 This paragra ,h became (a) under an amendment contained in Public Law 85-477,
the Mutual Security Act of 1958 (sec. 502 (i) (g))?
8 This sentence was added by Public Law 250, 84th Cong.
4 This new subsection was added by Public Law 85-477, the Mutual Security Act of 1958
(sec. 502 (j) (2)t).
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LEGISLATION N
By Section 104 (b) of Public Law 414, 82d Congress, the Immi-
gration and Nationality Act, a Bureau of Security and Con-
sular Affairs was established to be headed by an administra-
tor, with rank and compensation equal to that of an Assistant
Secretary of State. The section referred to is as follows :
"(b) There is hereby established in the Department of State
a Bureau of Security and Consular Affairs, to be headed by an
administrator (with an appropriate title to be designated by
the Secretary of State), with rank and compensation equal to
that of an Assistant Secretary of State. The administrator
shall be a citizen of the United States, qualified by experience,
and shall maintain close liaison with the appropriate commit-
tees of Congress in order that they may be advised regarding
the administration of this Act by consular officers. Re shall
be charged with any and all responsibility and authority in
the administration of the Bureau and of this Act which are
conferred on the Secretary of State as may be delegated to him
by the Secretary of State or which may be prescribed by the
Secretary of State. He shall also perform such other duties
as the Secretary of State may prescribe."
SEe. 3. The Secretary of State, or such person or persons desig-
nated by him, notwithstanding the. provisions of the Foreign Service
Act of 1946 (60 Stat. 999) or any other law, except where authority
is inherent in or vested in the President of the United States, shall
administer, coordinate, and direct the Foreign Service of the United
States and the personnel of the State Department. Any provisions
in the Foreign Service Act of 1946, or in any other law, vesting au-
thority in the "Assistant Secretary of State for Administration", the
"Assistant Secretary of State in Charge of the Administration of the
Department", the `Director General", or any other reference with
respect thereto, are hereby amended to vest such authority in the
Secretary of State.
Sr-c. 4. The Secretary of State may promulgate such rules and reg-
ulations as may be necessary to carry out the functions now or here-
after vested.._jn the Secretary of State or the Department of State, and
he may delegate authority to perform any of such functions, includ-
ing if he shall so specify the authority successively to redelegate any
of such f unctions ,5 to officers and employees under his direction
and supervision.
SEc. 5. The following statutes or parts of statutes are hereby re-
pealed :
Section 200 of the Revised Statutes, as amended and amplified by
the Acts authorizing the establishment of additional Assistant Sec-
retaries of State, including section 22 of the Act of May 24, 1924
(ch. 182 and the Act of December 8, 1944, R. S. 200; 43 Stat. 146;
58 Stat. ~98; 5 U. S. C. 152, as amended by Public Law 767, Eightieth
Congress),.
Section 202 of the Foreign Service Act of 1946 60 Stat. 1000) and
any other reference in such Act to the "Deputy Director General".
Section 1041 of the Foreign Service Act of 1946 (60 Stat. 1032).
The phrase " Including if he shall so specify the authority successively to redelegate
any of such functions," was added by sec. 11 (a) of the Mutual Security Act of 1956.
33641--59-15
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3. Basic Authority for the Department of State
Text of Public Law 885, 84th Congress [S. 2569], 70 Stat. 890, approved
August 1, 1956
AN ACT To provide certain basic authority for the Department of State.
Be it enacted by the Senate and house of Representatives of the
United States of America in Congress assembled, That the Secretary
of State is authorized to establish, maintain, and operate passport and
despatch agencies.
SEC. 2. The Secretary of State, when funds are appropriated there-
for, may-
(a) provide for printing and binding outside the continental
United States withoutregard to section 11 of the Act of March 1,
1919 (44 U. S. C. 111) ;
(b) pay the cost of transportation to and from a place of stor-
age and the cost of storing the furniture and household and per-
sona] effects of an employee of the Foreign Service who is assigned
to a post at which he is unable to use his furniture and effects,
under such regulations as the Secretary may prescribe;
(c) employ aliens, by contract, for services abroad;
(d) provide for official functions and courtesies;
(e) purchase uniforms; and
(f) pay tort claims, in the manner authorized in the first para-
graph of section 2672, as amended, of title 28 of the United States
Code when such claims arise in foreign countries in connection
with Department of State operations abroad.
SEC. 3. The Secretary of State is authorized to-
(a) obtain insurance on official motor vehicles operated by the
Department of State in foreign countries, and pay the expenses
incident thereto;
(b) rent tie lines and teletype equipment;
(c) provide ice and drinking water for United States Em-
bassies and Consulates abroad;
(d) pay excise taxes on negotiable instruments which are nego-
tiated by the Department of State abroad;
(e} pay the actual expenses of preparing and transporting to
their former homes the remains of persons, not United States
Government employees, who may die away from their homes
while participating in international educational exchange activi-
ties under the jurisdiction. of the Department of State;
(f) pay expenses incident to the relief, protection, and burial
of American seamen, and alien seamen from United States vessels
in foreign countries and in the United States, Territories and
possessions;
(q) pay the expenses incurred in the acknowledgment of the
services of officers and crews of foreign vessels and aircraft in
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LEGISLATION ON FOREIGN RELATIONS 221
rescuing American seamen, airmen, or citizens from shipwreck or
other catastrophe abroad or at sea;
(h) rent or lease, for periods of less than ten years, such offices,
buildings grounds, and living quarters for the use of the Foreign
Service abroad as he may deem necessary, and make payments
therefor in advance; and
(i) maintain, improve, and repair properties rented or leased
pursuant to authority contained in subsection (h) of this section
and furnish fuel, water, and utilities for such properties.
Sr-,c. 4. The Secretary of State is authorized to-
(a) make expenditures, from such amounts as may be specifi-
cally appropriated therefor, for unforeseen emergencies arising
in the diplomatic and consular service and, to the extent author-
ized in appropriation Acts, funds expended for such purposes
may be accounted for in accordance with section 291 of the Re-
vised Statutes (31 U. S. C. 107) ; and
(b) delegate to subordinate officials the authority vested in liiin
by section 291 of the Revised Statutes pertaining to certification
of expenditures.
SEC. 5. The Secretary of State is authorized to-
(a) provide for participation by the United States in interna-
tional activities which arise from time to time in the conduct of
foreign affairs for which provision has not been made by the
terms of any treaty, convention, or special Act of Congress:
Provided, That this subsection shall not be construed as granting
authority to accept membership for the United States in any
international organization, or to participate in the activities of
any international organization for more than one year without
approval by the Congress; and
(b) pay the expenses of participation in activities in which
the United States participates by authority of subsection (a)
of this section, including, but not limited to the following :
(1) Employment of aliens;
(2) Travel expenses without regard to the Standardized
Government Travel Regulations and to the rates of per diem
allowances in lieu of subsistence expenses under the Travel
Expense Act of 1949, as amended (5 U. S. C. 835-842) ;
(3) Travel expenses of persons serving without compensa-
tion in an advisory capacity while away from their homes or
regular places of business not in excess of those authorized for
regular officers and employees traveling in connection with
said international activities; and
(4) Rental of quarters by contract or otherwise.
SEc. 6. The provisions of section 8 of the United Nations Participa-
tion Act of 1945, as amended (22 U. S. C. 287e), and regulations there-
under, applicable to expenses incurred pursuant to that Act, may be
applicable to the obligation and expenditure of funds in connection
with United States participation in the International Civil Aviation
Organization.
SEc. 7. The exchange allowances or proceeds derived from the ex-
change or sale of passenger motor vehicles in possession of the Foreign
Service abroad, in accordance with section 201 (c) of the Act of June
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222 LEGISLATION ON FOREIGN RELATIONS
30, 1949 (40 U. S. C. 481 (c) ), shall be available without fiscal year
limitation for replacement of an equal number of such vehicles.
SEC. 8. The Secretary of State may, when authorized in an appro-
priation or other law, transfer to any department, agency, or inde-
pendent establishment of the Government, with the consent of the
head thereof, any funds appropriated to the Department of State, for
direct expenditure by such department, agency, or independent estab-
lishment for the purposes for which the funds are appropriated.
SEC. 9. The Secretary of State is authorized to enter into contracts
in foreign countries involving expenditures from funds appropriated
or otherwise made available to the Department of State, without
regard to the provisions of section 3741 of the Revised Statutes (41
U. S. C. 22) : Provided, That nothing in this section shall be con-
strued to waive the provisions of section 431 of title 18 of the United
States Code.
SEC. 10. Appropriated funds made available to the Department of
State for expenses in connection with travel of personnel outside the
continental United States, including travel of dependents and trans-
portation of personal effects, household goods, or automobiles of such
personnel shall be available for such expenses when any part of such
travel or transportation begins in one fiscal year pursuant to travel
orders issued in that year, notwithstanding the fact that such travel or
transportation may not be completed during that same fiscal year.
SEC. 11. Notwithstanding the provisions of section 16 (a) of the
Act of August 2, 1946 (5 U. S. C. 78 (c) ), the Secretary of State may
authorize any chief of diplomatic mission to approve the use of Gov-
ernment-owned vehicles in any foreign country for transportation of
United States Government employees from their residence to the office
and return when public transportation facilities are unsafe or are not
available.
SEC. 12. The Secretary of State, with the approval of the Bureau of
the Budget, shall prescribe the maximum rates of per diem in lieu of
subsistence (or of similar allowances therefor) payable while away
from their own countries to foreign participants in any exchange of
parsons program, or in any program of furnishing technical infor-
mation and assistance, under the jurisdiction of any Government
agency, and said rates may be fixed without regard to any provision of
law in limitation thereof.
SEC. 13. Allowances granted under section 901 (1) of the Foreign
Service Act of 194:6 (22 U. S. C. 1131 (1) ), may include water, in
addition to the utilities specified.
SEC. 14. Appropriations now or hereafter made available for allow-
ances granted under the authority in part A of title IX of the Foreign
Service Act of 1946, as amended (22 U. S. C. 1131), including an
allowance for water as authorized in section 13 of this Act shall be
available for the payment of such allowances in advance.
SEC. 15. Appropriations to carry out the purposes of this Act are
hereby authorizedd When so provided in an appropriation law, an
appropriation made to the Department of State may remain available
until expended.
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4. Passport Laws and Regulations
a. Protection of citizens abroad
Act of July 27, 1868, R. S. Sec. 2001; 15 Stat. 244, 22 U. S. C. 1732
Whenever it is made known to the President that any citizen of the
United States has been unjustly deprived of his liberty by or under
the authority of any foreign government, it shall be the duty of the
President forthwith to demand of that government the reasons of such
imprisonment; and if it appears to be wrongful and in violation of the
rights of American citizenship, the President shall forthwith demand
the release of such citizen, and if the release so demanded is unreason-
ably delayed or refused, the President shall use such means, not
amounting to acts of war, as he may think necessary and proper to
obtain or effectuate the release; and all the facts and proceedings
relative thereto shall as soon as practicable be communicated by the
President to Congress.
b. Passport authority
(1) Act of July 3, 1926, 44 Stat. 887; 22 U. S. C. 211a
The Secretary of State may grant and issue passports, and cause
passports to be granted, issued, and verified in foreign countries by
diplomatic representatives of the United States, and by such consul
generals, consuls, or vice consuls when in charge, as the Secretary of
State may designate, and by the chief or other executive officer of the
insular possessions of the United States, under such rules as the Pres-
ident shall designate and prescribe for and on behalf of the United
States, and no other person shall grant, issue, or verify such passports.
(2) Partial text of Executive Order 7856 of March 31, 1938, sections 124, 125 and
126; 22 C. F. R. 51.75 to 51.77; 3 F. R. 799
124. The Secretary of State is authorized in his discretion to refuse
to issue a passport, to restrict a passport for use only in certain coun-
tries, to restrict it against use in certain countries, to withdraw or
cancel a passport already issued, and to withdraw a passport for the
purpose of 'restricting its validity or use in certain countries.
125. Should a person to whom a passport has been issued knowingly
use or attempt to use it in violation of the conditions or restrictions
contained therein or of the provisions of these rules, the protection of
the United States may be withdrawn from him while he continues to
reside abroad.
126. The Secretary of State is authorized to make regulations on
the subject of issuing, renewing, extending, amending, restricting, or
withdrawing passports additional to these rules and not inconsistent
therewith.
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N FOREIGN RELATIONS
c. Passport limitations
(1) Act of July 14, 1902, 32 Stat. 386; 22 U. S. C. 212
No passport shall be granted or issued to or verified for any other
persons than those owing allegiance, whether citizens or not, to the
United States.
(2) Act of June 15, 1917, 40 Stat. 227; 22 U. S. C. 213
Before a passport is issued to any person by or under au-
thority of the United States such person shall subscribe to and sub-
mit a written application duly verified by his oath before a person
authorized and empowered to administer oaths, which said applica-
tion shall contain a true recital of each and every matter of fact which
may be required by law or by any rules authorized by law to be stated
as a prerequisite to the issuance of any such passport.
(3) Act of July 3, 1926, 44 Stat. 887; 22 U. S. C. 217a, as amended by 46 Stat. 839
and 47 Stat. 157
The validity of a passport or passport vise shall be limited to a period
of two years.: Provided, That a passport may be renewed under regu-
lations prescribed by the Secretary of State for a period, not to exceed
two years, upon payment of a fee of $5 for such renewal, but the final
date of expiration shall not be more than four years from the original
date of issue: Provided further, That the Secretary of State original
limit the validity of a passport, passport vise, or the period of renewal
of a passport to less than two years : Provided further, That the
charge for the issue of an original passport shall be $9.
(4) Partial text of Internal Security Act of 1950, Act of September 23, 1950,
sec. 6;_64 S!tat. 993, sec. 6; 50 U. S. C. 785, as amended by the Act of August 14,
1954, sec. 7 (c), 68 Stat. 778
DENIAL OF PASSPORTS TO MEMBERS OF COMMUNIST ORGANIZATIONS
SEc. 6. (a) When a Communist organization as defined in para-
graph (5) of section 3 of this title is registered, or there is in effect
a final order of the Board requiring such organization to register, it
shall be unlawful for any member of such organization, with knowl-
edge or notice that such organization is so registered or that such
order has become final-
(1) to make application for a passport, or the renewal of a
passport, to be issued or renewed by or under the authority of
the United States; or
(2) to use or attempt to use any such passport.
(b) When an organization is registered, or there is in effect a final
order of the Board requiring an organization to register, as a Com-
munist-action organization, it shall be unlawful for any officer or
employee of the United States to issue a passport to, or renew the pass-
port of, any individual knowing or having reason to believe that such
individual is a member of such organization.'
i 50 U. 9 V. 794 (c) provides :
"Any individual who violates any provision of sections 784, 785 or 789 of this title
shall, upon conviction thereof, be punished by a fine of not more than $10,000 or by
imprisonment for not more than five years, or by both such fine and imprisonment."
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d. Emergency provisions
(1) Partial text of the Immigration and Nationality Act of 1952, Act of June 27,
1952, sec. 215, 66 Stat. 190; 8 U. S. C. 1185
TRAVEL CONTROL OF CITIZENS AND ALIENS DURING WAR OR NATIONAL
EMERGENCY
SEC. 215. (a) When the United States is at war or during the ex-
istence of any national emergency proclaimed by the President, or,
as to aliens, whenever there exists a state of war between or among two
or more states, and the President shall find that the interests of the
United States require that restrictions and prohibitions in addition
to those provided otherwise than by this section be imposed upon the
departure of persons from and their entry into the United States, and
shall make public proclamation thereof, it shall, until otherwise
ordered by the President or the Congress, be unlawful-
(1) for any alien to depart from or enter or attempt to depart
from or enter the United States except under such reasonable
rules, regulations, and orders, and subject to such limitations and
exceptions as the President may prescribe;
(2) for any person to transport or attempt to transport from
or into the United States another person with knowledge or rea-
sonable cause to believe that the departure or entry of such other
person is forbidden by this section;
(3) for any Zr on knowingly to make any false statement in
an application fopermission to depart from or enter the United
States with intent to induce or secure the granting of such per-
mission either for himself or for another;
(4) for any person knowingly to furnish or attempt to furnish
or assist in furnishing to another a permit or evidence of per-
mission to depart or enter not issued and designed for such other
person's use;
(5) for any person knowingly to use or attempt to use any
permit or evidence of permission to depart or enter not issued
and designed for his use;
(6) for any person to forge, counterfeit, mutilate, or alter, or
cause or procure to be forged, counterfeited, mutilated, or altered,
any permit or evidence of permission to depart from or enter the
United States;
(7) for any person knowingly to use or attempt to use or
furnish to another for use any false, forged, counterfeited, muti-
lated, or altered permit, or evidence of permission, or any permit
or evidence of permission which, though originally valid, has
become or been made void or invalid.
(b~ After such proclamation as is provided for in subsection (a)
of this section has been made and published and while such proclama-
tion is in force, it shall, except as otherwise provided by the President,
and subject to such limitations and exceptions as the President may
authorize and prescribe, be unlawful for any citizen of the United
States to depart from or enter, or attempt to depart from or enter,
the United. States unless he bears a valid passport.
(c) Any person who shall willfully violate any of the provisions
of this section, or of any order or proclamation of the President pro-
mulgated, or of any permit, rule, or regulation issued thereunder,
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shall, upon conviction., be fined not more than $5,000, or, if a natural
person, imprisoned for not more than five years or both, and the
officer, director, or agent of any corporation who ' knowingly partici-
pates in such violation shall be punished by like fine or imprisonment,
or both; and any vehicle, vessel, or aircraft together with its appur-
tenances, equipment, tackle apparel, and furniture, concerned in any
such violation, shall be forfeited to the United States.
(d) The term "United States" as used in this section includes the
Canal Zone, and all territory and waters, continental or insular, sub-
ject to the jurisdiction of the United States. The term "person" as
used in this section shall be deemed to mean any individual, partner-
ship, association, company, or other incorporated body of individuals,
or corporation, or body politic.
(e) Nothing in this section shall be construed to entitle an alien to
whom a permit to enter the United States has been issued to enter
the United States, if upon arrival in the United States, he is found
to be inadmissible under any of the provisions of this Act, or any
other law, relative to the entry of aliens into the United States.
(f) The revocation of any proclamation, rule, regulation, or order
issued in pursuance of this section shall not prevent prosecution for
any offense committed, or the imposition of any penalties or forfei-
tures, liability for which was incurred under this section prior to the
revocation of such proclamation, rule, regulation, or order.
(g) Passports, visas, reentry permits, and other documents re-
quued for entry under this Act may be considered as permits to enter
for the purposes of this section.
(2) Presidential Proclamation 3004, January 17, 1953, 18 F. R. 489
PROCLAMATION 3004
CONTROL Or PERSONS LEAVING OR ENTERING THE UNITED STATES
By the President of the United States of America
Whereas section 215 of the Immigration and Nationality Act,
enacted on June 27, 1952 (Public Law 414, 82nd Congress; 66 Stat.
163, 190) authorizes the President to impose restrictions and prohibi-
tions in addition to those otherwise provided by that Act upon the
departure of persons from, and their entry into, the United States
when the United States is at war or during the existence of any national
emergency proclaimed by the President or, as to aliens, whenever there
exists a state of war between or among two or more states, and when
the President shall find that the interests of the United States so
require; and
Whereas the national emergency the existence of which was pro-
claimed on December 16, 1950, by Proclamation 2914 still exists; and
Whereas because of the exigencies of the international situation and
of the national defense then existing Proclamation No. 2523 of Novem-
ber 14, 1941, imposed certain restrictions and prohibitions, in addition
to those otherwise provided by law, upon the departure of persons from
and their entry into the United States; and
Whereas the exigencies of the international situation and of the
national defense still require that certain restrictions and prohibitions,
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in addition to those otherwise provided by law, be imposed upon the
departure of persons from and their entry into the United States:
Now, therefore, I, Harry S. Truman, President of the United States
of America, acting under and by virtue of the authority vested in me
by section 215 of the Immigration and Nationality Act and by section
301 of title 3 of the United States Code, do hereby find and publicly
proclaim that the interests of the United States require that restric-
tions and prohibitions in addition to those otherwise provided by law,
be imposed upon the departure of persons from and their entry into,
the United States; and I hereby prescribe and make the following
rules, regulations, and orders with respect thereto:
(1) The departure and entry of citizens and nationals of the United
States from and into the United States, including the Canal Zone, and
all territory and waters, continental or insular, subject to the juris-
diction of the United States, shall be subject to the regulations pre-
scribed by the Secretary of State and published as sections 53.1 to 53.9,
inclusive, of title 22 of the Code of Federal Regulations. Such regu-
lations are hereby incorporated into and made a part of this proclama-
tion; and the Secretary of State is hereby authorized to revoke,
modify, or amend such regulations as he may find the interests of the
United States to require.
(2) The departure of aliens from the United States, including the
Canal Zone, and all territory and waters, continental or insular,
subject to the jurisdiction of the United States, shall be subject to
the regulations prescribed by the Secretary of State, with the concur-
rence of the Attorney General, and published as sections 53.61 to 53.71,
inclusive, of title 22 of the Code of Federal Regulations. Such regu-
lations are hereby incorporated into and made a part of this procla-
mation ; and the Secretary of State, with the concurrence of the Attor-
ney General, is hereby authorized to revoke, modify or amend such
regulations as he may find the interests of the United Mates to require.
(3) The entry of aliens into the Canal Zone and American Samoa
shall be subject to the regulations prescribed by the Secretary of State,
with the concurrence of the Attorney General, and published as sec-
tions 53.21 to 53.41, inclusive, of title 22 of the Code of Federal Regu-
lations. Such regulations are hereby incorporated into and made a
part of this proclamation; and the Secretary of State, with the con-
currence of the Attorney General, is hereby authorized to revoke,
modify, or amend such regulations as he may find the interests of the
United States to require.
(4) Proclamation No. 2523 of November 14, 1941, as amended by
Proclamation No. 2850 of August 17, 1949, is hereby revoked, but
such revocation shall not affect any order, determination, or decision
relating to an individual, or to a class of individuals, issued in pursu-
ance oFsuch proclamations prior to the revocation thereof, and shall
not prevent prosecution for any offense committed, or the imposition
of any penalties or forfeitures, liability for which was incurred under
such proclamations prior to the revocation thereof; and the provi-
sions of this proclamation, including the regulations of the Secretary
of State incorporated herein and made a part hereof, shall be in addi-
tion to, and shall not be held to revoke, supersede, modify, amend, or
suspend, any other proclamation, rule, regulation, or order heretofore
issued relating to the departure of persons from, or their entry into,
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LEGISLATION ON FOREIGN RELATIONS
the United States; and compliance with the provisions of this procla-
mation, including the regulations of the Secretary of State incorpo-
rated herein and made a part hereof, shall not be considered as ex-
empting any individual from the duty of complying with the provi-
sions of any other statute, law, proclamation, rule, regulation, or
order heretofore enacted or issued and-still in effect.
(5) I hereby direct all .departments and agencies of the Govern-
ment to cooperate with the Secretary of State in the execution of his
authority under this proclamation and any subsequent proclamation,
rule, regulation, or order issued in pursuance hereof; and such de-
partments and agencies shall upon request make available to the Sec-
retary of State for that purpose the services of their respective offi-
cials and agents. I enjoin upon all officers of the United States charged
with the execution of the laws thereof the utmost diligence in pre-
venting violations of section 215 of the Immigration and Nationality
Act and this proclamation, including the regulations of the Secretary
of State incorporated herein and made a part hereof, and in bringing
to trial and punishment any persons violating any provision of that
section or of this proclamation.
To the extent permitted by law, this proclamation shall take effect
as of December 24, 1952.
In witness whereof, I have hereunto set my hand and caused the
Seal of the United States of America to be affixed.
Done at the City of Washington this 17th day of January in the
year of our Lord nineteen hundred and fifty-three and of the Inde-
pendence of the United States of America the one hundred and
seventy-seventh. -
[SEAL] HARRY S. TRIIMAN.
By the President :
DEAN ACHESON,
Secretary of State.
(3) Partial Text of Travel Control Regulations of the Secretary of State; 22
C. F. R. 53.1 to 53.9, 6 F. R. 6069, as amended September 24, 1953; 18 F. R. 5678
SEC. 53.1. Limitations upon travel. No citizen of the United States
or person who owes allegiance to the United States shall depart from
or enter into or attempt to depart from or enter into the continental
United States, the Canal Zone, and all territories, continental or insu-
lar, subject to the jurisdiction of the United States, unless he bears a
valid passport which has been issued by or under authority of the
Secretary of State and which, in the case of a person entering or at-
tempting to enter any such territory, has been verified by an American
diplomatic or consular officer either in the foreign country from which
he started his journey, or in the foreign country in which he was last
present if such country is not the one from which he started his jour-
ney, or unless he comes within one of the exceptions prescribed in See-
tions 53.2 and 53.3. No fee shall be collected by a diplomatic or
consular officer of the United States for or in connection with such
verification.
SEC. 53.2. Exceptions to regulations in Section 63.1. No valid pass-
port shall be required of a citizen of the United States or a person who
owes allegiance to the United States : -
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LEGISLATION ON FOREIGN RELATIONS 229
(a) When traveling between the continental United States and the
Territory of Hawaii, Puerto Rico, and the Virgin Islands, or between
any such places ; or
(b) When traveling between the United States and any country or
territory in North, Central, or South America or in any island adja-
cent thereto : Provided, That this exception shall not be applicable to
any such person when traveling to or arriving from a place outside the
United States via any country or territory in North, Central, or South
America or in any island adjacent thereto, for which a valid passport
is required under Sections 53.1 to 53.9: And provided also, That this
section shall not be applicable to any seaman except as provided in
paragraph (c) of this section; or
(c) When departing from or entering the United States in pursuit
of the vocation of seaman : Provided, That the person is in possession
of a specially validated United States merchant mariner's document
issued by the United States Coast Guard ; or
(d) When departing from or entering into the United States as an
officer or member of the enlisted personnel of the United States Army
or the United States Navy on a vessel operated by the United States
Army or the United States Navy; or
(e) When traveling as a member of the armed forces of the United
States or a civil employee of the War or Navy Departments between
the continental United States, the Canal Zone, and all territories, con-
tinental or insular subject to the jurisdiction of the United States, and
any foreign country or territory for which a valid passport is required
under the regulations in this part : Provided, That lie is in possession
of a document of identification issued for such purposes by the War or
Navy Departments; or
(f) When specifically authorized by the Secretary of State, through
the appropriate official channels, to depart from or enter into the
continental United States, the Canal Zone, and all territories, conti-
nental or insular, subject to the jurisdiction of the United States.
SEC. 53.3. Exceptions to Section 53.1 concerning verification of pass-
ports. No verification of passport shall be required of a citizen of the
United States, or a person who owes allegiance to the United States :
(a) When returning to the United States from a foreign country
where he had gone in pursuance of the provisions of a contract with
the Departments of the Army or Navy on a matter vital to war effort
if he is in possession of evidence of having been so engaged and has a
valid passport; or
(b) When returning to the United States from a foreign country
as a member of the flying staff, operating personnel, or crew on board
an arriving aircraft which is under lease to or contract with the
Government of the United States or on board an American aircraft
which is engaged in commercial air-transport service for the carriage
of goods, passengers, or mail between the territory of the United
States and a foreign country.
SEC. 53.4. Persons considered as bearing passports. Every citizen
of the United States, or person who owes allegiance to the United
States, who is included in a valid passport issued by or under author-
ity of the Secretary of State shall for the purpose of the rules and
regulations in this part be considered as bearing a separate valid
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230 LEGISLATION ON FOREIGN RELATIONS
passport if such passport is presented to the appropriate official at
the time he departs from or enters into or attempts to depart from or
enter into any territory of the United States mentioned in Section
53.1.
SEC. 53.5. Prevention of departure from or entry into the United
States. (a) Nothing in this part shall be construed as prohibiting the
Secretary of State or his representative at a port in the United States
from preventing the departure from or entry into the United States,
including the &nal Zone and all territories, continental or insular,
subject to the jurisdiction of the United States, of a citizen of the
United States or a person who owes allegiance to the United States
unless he bears a passport, card of identification, or other document of
identity issued by or under authority of the Secretary of State, not-
withstanding the fact that he may be destined for or arriving from a
place outside any such territory of the United States for which a valid
passport is not required under the regulations in this part.
(b) Nor shall anything in the regulations in this part be construed
as prohibiting the Secretary of State or his representative at a port
in the United States from preventing temporarily the departure from
or entry into the United States, including the Canal Zone and all
territories, continental or insular, subject to the jurisdiction of the
United States, of a citizen of the United States or a person who owes
allegiance to the United States, notwithstanding the fact that such
person may bear a valid passport, card of identification, or other docu-
ment of identity issued by or under authority of the Secretary of
State or be destined for or arriving from a place outside any such
territory of the United States for which a valid passport is not
required under the regulations in this part.
SEc. 53.6. Attempt of a citizen or national to enter without a valid
passport. If any person who alleges that he is a citizen of the United
States or a person who owes allegiance to the United States attempts
to enter any territory of the United States contrary to the provisions
of the regulations in this part, the appropriate officer of the United
States at the port at which the attempt is made to enter such territory,
if satisfied that such person is a citizen of the United States or a person
who owes allegiance to the United States, shall detain such person and
immediately report the facts in the case to the Secretary of State
and await his instructions.
SEC. 53.7. Optional use of a valid passport. Nothing in this part
shall be construed to prevent the use of a valid passport by any citizen
of the United States or a person who owes allegiance to the United
States, in a case in which a passport is not required by this part.
SEc. 53.8. Discretional exercise of authority in passport matters.
Nothing in this part shall be construed to prevent the Secretary of
State from exercising the discretion resting in him to refuse to issue a
passport, to restrict its use to certain countries, to withdraw or cancel
a passport already issued, or to withdraw a passport for the purpose
of restricting its validity or use in certain countries.
SEC. 53.9. Definition of the term "continental United States". The
term "continental United States", as used in this part, includes the
territory of the several States of the United States and Alaska.
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LEGISLATION ON FOREIGN RELATIONS 231
e. Partial text of regulations of the Secretary of State
(1) Limitations, 22 C. F. R. 51.135 to 51.143, September 4, 1952, 17 F. R. 8013, as
amended January 18, 1956, 21 F. R. 336
SEC. 51.M. Limitation on issuance of passports to persons sup-
porting Communist movement. In order to promote the national in-
terest by assuring that persons who support the world Communist
movement of which the Communist I'arty is an integral unit may not,
through use of United States passports, further the purposes of that
movement no passport, except one limited for direct and immediate
return to the United States, shall be issued to :
(a) Persons Who are members of the Communist Party or who have
recently terminated such membership under such circumstances as to
warrant the conclusion-not otherwise rebutted by the evidence-that
they continue to act in furtherance of the interests and under the
discipline of the Communist Party;
(b) Persons, regardless of the formal state of their affiliation with
the Communist Party, who en vage in activities which support the
Communist movement under such circumstances as to warrant the con-
elusion-not otherwise rebutted by the evidence-that they have en-
gaged in such activities as a result of direction, domination, or control
exercised over them by the Communist movement.
(c Persons, regardless of the formal state of their affiliation with
the Communist Party, as to whom there is reason to believe, on the
balance of all the evidence, that, they are going abroad to engage in,
activities which will advance the Communist movement for the pur-
pose, knowingly and willfully of advancing that movement.
SEc. 51.136. Limitations on issuance of passports to certain other
persons. In order to promote and safeguard the interests of the United
States, passport facilities, except for direct and immediate return to
the United States, will be refused to a person when it appears to the
satisfaction of the Secretary of State that the person's activities abroad
would : (a) violate the laws of the United States; (b) be prejudicial to
the orderly, conduct of foreign relations; or (c) otherwise be prejudi-
cial to the interests of the United States.
SEC. 51.137. Notification to Person Whose Passport Application is
Tentatively Disapproved. A person whose passport application is
tentatively disapproved under the provisions of section 51.135 or sec-
tion 51.136 will be notified in writing of the tentative refusal., and of
the reasons on which it is based, as specifically as in the judgment of
the Department of State security considerations permit. He shall be
entitled, upon request, and before such refusal becomes final, to pre-
sent his case and all relevant information informally to the Passport
Division. He shall be entitled to appear in person before a hearing
officer of the Passport Division, and to be represented by counsel. He
will, upon request, confirm his oral statements, in an affidavit for the
record. After the applicant has presented his case, the Passport Divi-
sion will review the record, and after consultation with other inter-
ested offices, advise the applicant of the decision. If the decision is
adverse, such advice will be in writing and shall state the reasons on
which the decision is based as specifically as within the judgment of
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232 LEGISLATION ON FOREIGN RELATIONS
the Department of State security limitations permit. Such advice
shall also inform the applicant of his right to appeal under section
51.138.
SEC. 51.138. Appeal by Passport Applicant. In the event of a deci-
sion adverse to the applicant, he shall be entitled to appeal his case
to the Board of Passport Appeals provided for in section 51.139.
SEc. 51.139. Creation and Functions of Board of Pass port Appeals.
There is hereby established within the Department of State a Board
of Passport Appeals, hereinafter referred to as the Board, composed
of not less than three officers of the Department to be designated by
the Secretary of State. The Board shall act on all appeals under sec-
tion 51.138. The Board shall adopt and make public its own rules of
procedures, to be approved by the Secretary, which shall provide that
its duties in any case may be performed by a panel of not less than
three members acting by majority determination. The rules shall
accord applicant the right to a hearing and to be represented by
counsel, and shall accord applicant and each witness the right to
inspect the transcript of his own testimony.
SEc. 51.140. Duty of Board to Advise Secretary of State on Action
for Disposition of Appealed Cases. It shall be the duty of the Board,
on all the evidence, to advise the Secretary of the action it finds nec-
essary and proper to the disposition of cases appealed to it, and to this
end the Board may first call for clarification of the record, further in-
vestigation, or other action consistent with its duties.
SEC. 51.141. Bases for Findings of Fact by Board. (a) In making
or reviewing findings of fact, the Board, and all others with responsi-
bility for so doing under sections 51.135 to 51.143, shall be convinced
by a preponderance of the evidence, as would a trial court in a civil
case.
(b) Consistent and prolonged adherence to the Communist Party
line on a variety of issues and through shifts and changes of that line
will suffice, prima facie, to support a finding under Section 51.135 (b).
SEC. 51.142. Oath or Affirmation by Applicant as to Membership in
Communist Party. At any stage of the proceedings in the Passport
Division or before the Board, if it is deemed necessary, the applicant
may be required, as a part of his application, to subscribe, under oath
or affirmation, to a statement with respect to present or past member-
ship in the Communist Party. If applicant states that he is a Com-
munist, refusal of a passport in his case will be without further pro-
ceedings.
SEC. 51.143. Applicability of Sections 51.137 to 51.142. Except for
action taken by reason of noncitizenship or geographical limitations
of general applicability necessitated by foreign policy considerations,
-the provisions of sections 51.137 to 51.142 shall apply in any case
where the person affected takes issue with the action of the Secretary
in granting, refusing, restricting, withdrawing, cancelling, revoking,
extending, renewing or in any other fashion or degree affecting the
ability of such person to receive or use a passport.
(2) Rules of the Board of Passport Appeals, 22 C. F. R. 51.151-51.170, January 9,
1954, 19 F. R. 161
SEC. 51.151. Organization of Board. The Secretary of State shall
appoint a Board of Passport Appeals consisting of three or more
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LEGISLATION ON FOREIGN RELATIONS 233
members, one of whom shall be designated by the Secretary as Chair-
man. The Chairman shall assure that there is assigned to hear the
appeal of any applicant a panel of not less than three members
including himself or his designee as presiding officer, which number
shall constitute a quorum.
SEC. 51.152. Decisions of the Board. Decisions shall be by majority
vote. Voting may be either in open or closed session on any question
except recommendations under Section 51.140, which shall be in closed
session. Decisions under Section 51.140 shall be in writing and shall
be signed by all participating members of the Board.
SEC. 51.153. Counsel to the Board. A Counsel, to be designated by
the Secretary of State, shall be responsible to the Board for the sched-
uling and presentation of cases, aid in legal and procedural matters,
information to the applicant as to his procedural rights before the
Board, maintenance of records and such other duties as the Board or
the Chairman, on its behalf, may determine.
SEC. 51.154. Examiner. The Board may, within its discretion, ap-
point an examiner in any case, who may, with respect to such case, be.
vested with any or all authority vested in the Board or its presiding
officer, subject to review and final decision by the Board, but, an appli-
cant shall not be denied an opportunity for a hearing before the Board
unless he expressly waives it.
SEC. 51.155. Chairman. The Chairman, or his designee, shall pre-
side at all hearings of the Board, and shall be empowered in all respects
to regulate the course of the hearings and pass upon all issues relating
thereto. The Chairman, or his designee, stall be empowered to ad-
minister oaths and affirmations.,
SEC. 51.156. Prior administrative remedies. It is required that
prior to petitioning for an appeal, an applicant shall (a) exhaust the
administrative remedies available in the Passport Office, as set out in
Section 51.137, and (b) comply with the provisions of Section 51.142,
as a part of his application, if deemed necessary by the Passport Office.
SEC. 51.157. Petition. An applicant desiring to take an appeal
shall, within thirty calendar days after receipt of the advice of adverse
decision by the Passport Office file with the Board a written petition
under oath or affirmation which shall, in plain and concise language,
refute or explain the reasons stated by the Passport Office for its
decision.
SEC. 51.158. Delivery of papers. Petitions or other papers for the
attention of the Board may be delivered personally, by registered mail,
or by leaving a copy at the offices of the Board at the address to be
stated in the advice of adverse action furnished applicant by the
Passport Office.
SEC. 51.159. Notice of hearing. Applicant shall receive not less than
five calendar days notice in writing of the scheduled date and place
of hearing which shall be set for a time as soon as possible after
receipt by the Board of applicant's petition.
SEC. 51.160. Appearance. Any party to any proceedings before the
Board may appear in person, or by or with his attorney, who must
possess the requisite qualifications, as hereinafter set forth, to practice
before the Board
SEC. 51.1fx1. Applicant's attorney. (a) Attorneys at law in good
standing who are admitted to practice before the Federal courts or
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before the courts of any State or Territory of the United States may
practice before the Board.
4b) No officer or employee of the Department of State whose offi-
cia duties have, in fact, included participation in the investigation,
pre paration, presentation, decision or review of cases of the class
within the competence of the Board of Passport Appeals shall, within
two (2) years after the termination of such duties appear as attorney
in behalf of an applicant in any case of such nature, nor shall any
one appear as such attorney in a case of such class if in the course of
prior government service he has dealt with any aspects of the appli-
cant's activities relevant to a determination of that case.
SEC. 51.162. Supplementary information to applicant. The pur-
pose of the hearing is to permit applicant to present all information
relevant and material to the decision in his case. Applicant may,
at the time of filing his petition, address a request in writing to the
Board for such additional information or explanation as may be
necessary to the preparation of his case. In conformity with the
relevant laws and regulations, the Board shall pass promptly and
finally upon all such requests and shall advise applicant of its deci-
sion. The Board shall take whatever action it deems necessary to
insure the applicant of a full and fair consideration of his case.
SEC. 51.163. Hearings. The Passport file and any other pertinent
Government files shall be considered as part of the evidence in each
case without testimony or other formality as to admissibility. Such
files may not be examined by the applicant, except the applicant may
examine his application or any paper which he has submitted in con-
nection with his application or appeal. The applicant may appear and
testify in his own behalf, be represented by counsel subject to the
provisions of Section 51.161, present witnesses and offer other evi-
dence in his own behalf. The applicant and all witnesses may be
cross-examined by any member of the Board or its counsel. If any
witness whom the applicant wishes to call is unable to appear person-
ally, the Board may, in its discretion, accept an affidavit by him or
order evidence to be taken by deposition. Such depositions may be
taken before any person designated by the Board and such designee
is hereby authorized to administer oaths or affirmations for the pur-
pose of the depositions. The Board shall conduct the hearing pro-
ceedings in such manner as to protect from disclosure information
affecting the national security or tending to disclose or compromise
investigative sources or methods.
SEC. 51.164. Admi sibility. The Board and the applicant may in-
troduce such evidence as the Board deems proper. Formal rules of
evidence shall not apply, but reasonable restrictions shall be imposed
as to the relevancy, competency, and materiality of evidence presented
to the Passport Office's stated reasons for its decision and/or to the
application of SEC. 51.135 or SEC. 51.136 to applicant's case.
SEc. 51.165. Argumentation. All argumentation shall be directed
to the application of the passport regulations to the facts of the par-
ticular case. The Board will permit no oral argument or motions
relative to the legality or propriety of the hearing or other procedures
of the Board. Submission of such argument or motions will be con-
fined to the filing of written briefs, objections, or motions to be made
a part of the record. The Board will not undertake to consider any
such motion or contention.
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LEGISLATION ON FORE, IG RELATIONS
SEC. 51.166. Privacy of hearings. Hearings shall be private. There
shall be present at the hearing only the members of the Board, Board's
Counsel, official stenographers, Departmental employees concerned,
the applicant his counsel, and the witnesses. Witnesses shall be
present at the hearing only while actually giving testimony.
SEC. 51.167. Misbehavior before Board. If, in the course of a hear-
ing before the Board, an applicant or attorney is guilty of misbe-
havior, he may be excluded from further participation in the hearing.
In addition, he may be excluded from participation in any other case
before the Board.
SEC. 51.168. Transcript of hearings. A complete verbatim steno-
graphic transcript shall be made of hearings by qualified reporters,
and the transcript shall constitute a permanent part of the record.
Upon request, the applicant and each witness shall have the right to
inspect the transcript of his own testimony.
SEC. 51.169. Notice of decision. The Board shall communicate the
action recommended under SEC. 51.140 on all cases appealed to it, to
the Secretary of State. The decision of the Secretary of State shall
be notified in writing to the applicant. Such notice shall be given
the applicant as promptly as possible after his hearing before the
Board.
SEC. 51.170. Probative value of evidence. In determining whether
there is a preponderance of evidence supporting the denial of a pass-
port the Board shall consider the entire record, including the transcript
of the hearing and such confidential information as it may have in
its possession. The Board shall take into consideration the inability
of the applicant to meet information of which he has not been ad-
vised, specifically or in detail, or to attack the credibility of confi-
dential informants.
f. Criminal provisions
(1) Punishable Violations, 18 U. S. C. 1541 to 1545, Aot of June 25, 1948; 62 Stat.
771
SEC. 1541. Issuance of Passport without Authority.
Whoever, acting or claiming to act in any office or capacity under
the United States, or a State or possession, without lawful authority
grants, issues, or verifies any passport or other instrument in the
nature of a passport to or for any person whomsoever; or
Whoever, being a consular officer authorized to grant, issue or
verify passports, knowingly and willfully grants, issues, or verifies
any such passport to or for any person not owing allegiance, to the
United States, whether a citizen or not-
Shall be fined not more than $500 or imprisoned not more than one
year, or both.
SEC. 1542. False Statement in Application and Use of Passport.
Whoever willfully and knowingly makes any false statement in
an application for passport with intent to induce or secure the issu-
ance of a passport under the authority of the United States, either
for his own use or the use of another, contrary to the laws regulating
the issuance of passports or the rules prescribed pursuant to such
laws; or
33641-59--16
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236 LEGISLATION ON FOREIGN RELATIONS
Whoever willfully and knowingly uses, or attempts to use, or
furnishes to another for use any passport the issue of which was
secured in any way by reason of any false statement-
Shall be fined not more than $2,000 or imprisoned not more than
five years, or both.
SEC. 1543. Forgery or False Use of Passport.
Whoever falsely makes, forges, counterfeits, mutilates, or alters any
passport or instrument purporting to be a passport, with intent that
the same may be used ; or
Whoever willfully and knowingly uses, or attempts to use, or
furnishes to another for use any such false, forged, counterfeited,
mutilated, or altered passport or instrument purporting to be a pass-
port, or any passport validly issued which has become void by the
occurrence of any condition therein prescribed invalidating tht; same-
Shall be fined not more than $2,000 or imprisoned not more than
five years, or both.
SEC. 1544. Misuse of Passport.
Whoever willfully and knowingly uses, or attempts to use, any
passport issued or designed for the use of another; or
Whoever willfully and knowingly uses, or attempts to use, any
passport in violation of the conditions or restrictions therein contained
or of the rules prescribed pursuant to the laws regulating the issu-
ance of passports; or
Whoever willfully and knowingly furnishes, disposes of, or delivers
a passport to any person, for use by another than the person for whose
use itwas originally issued and designed-
Shall be fined not more than $2,000 or imprisoned not more than
five years, or both.
Sec. 1545. Safe Conduct Violation.
Whoever violates any safe conduct or passport duly obtained and
issued under authority of the United States shall be fined not more
than $2,000 or imprisoned not more than three years, or both.
(2) Statute of Limitations, 18 U. S. C. 3291, Act of June 30, 1951; 65 Stat. 107
SEC. 3291. Nationality, Citizenship and Passports.
No person shall be prosecuted, tried, or punished for violation of
any provision of sections 1423 to 1428, inclusive, of chapter 69 and
sections 1541 to 1544, inclusive, of chapter 75 of title 18 of the United
States Code, or for conspiracy to violate any of the aforementioned
sections, unless the indictment is found or the information is insti-
tuted within ten years after the commission of the offense.
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E. UNITED NATIONS
1. The United Nations Participation Act of 1945, as amended
Text of Public Law 264, 79th Congress [S. 15801, 59 Stat. 619, approved Decem-
ber 20, 1945, as amended by Public Law 341, 81st Congress [H. R. 4708], 63
Stat. 734, approved October 10, 1949
AN ACT To provide for the appointment of representatives of the United States
in the organs and agencies. of the United Nations, and to make other provision
with respect to the participation of the United States in such organization
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 "United Nations Participation Act of 1945".
SEC. 2.1 (a) The President, by and with the advice and consent of
the Senate, shall appoint a representative and a deputy representative
of the United States to the United Nations, both of whom shall have
the rank and status of envoy extraordinary and ambassador plenipo-
tentiary and shall hold office at the pleasure of the President. Such
representative and deputy representative shall represent the United
States in the Security Council of the United Nations and may serve
ex officio as United States representative on any organ, commission,
or other body of the United Nations other than specialized agencies
of the United Nations, and shall perform such other functions in
connection with the articipation of the United States in the United
Nations as the President may from time to time direct.
(b) The President, by and with the advice and consent of the
Senate, shall appoint an additional deputy representative of the
United States to the Security Council who shall hold office at the
pleasure of the President. Such deputy representative shall repre-
sent the United States in the Security Council of the United Nations
in the event of the absence or disability of both the representative
and the deputy representative of the United States to the United Na-
tions.
(c) The President, by and with the advice and consent of the
Senate, shall designate from time to time to attend a specified session
or, specified sessions of the General Assembly of the United Nations
not to exceed five representatives of the United States and such num-
ber of alternates as he may determine consistent with the rules of
procedure of the General Assembly. One of the representatives shall
bo designated as the senior representative.
(d) The President may also appoint from time to time such other
persons as he may deem necessary to represent the United States in
the organs and agencies of the United Nations, but the representative
of the United States in the Economic and Social Council and in the
Trusteeship Council of the United Nations shall be appointed only by
knd with the advice and consent of the Senate, except that the Presi-
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238 LEGISLATION ON FOREIGN RELATIONS
dent may, without the advice and consent of the Senate, designate any
officer of the United States to act, without additional compensation,
as the representative of the United States in either such Council (A)
at any specified session thereof where the position is vacant or in the
absence or disability of the regular representative, or (B) in connec-
tion with a specified subject matter at any specified session of either
such Council in lieu of the regular representative. The President
may designate any officer of the Department of State, whose appoint-
ment is subject to confirmation by the Senate, to act, without addi-
tional compensation, for temporary periods as the representative of
the United States in the Security Council of the United Nations in
the absence or disability of the representative and deputy representa-
tives appointed under section 2 (a) and (b) or in lieu of such repre-
sentatives in connection with a specified subject matter. The advice
and consent of the Senate shall be required for the appointment by
the President of the representative of the United States in any com-
mission that may be formed by the United Nations with respect to
atomic energy or in any other commission of the United Nations to
which the United States is entitled to appoint a representative.
(e) Nothing contained in this section shall preclude the President
or the Secretary of State, at the direction of the President, from rep-
resenting the United States at any meeting or session of any organ or
agency of the United Nations.
(f) All persons appointed in pursuance of authority contained in
this section shall receive compensation at rates determined by the
President upon the basis of duties to be performed but not in excess
of rates authorized by sections 411 and 412 of the Foreign Service Act
of 1946 (Public Law 724, Seventy-ninth Congress) for chiefs of mis-
sion and Foreign Service officers occupying positions of equivalent
importance, except that no Member of the ~enate or House of Rep-
resentatives or officer of the United States who is designated under
subsections (c) and (d) of this section as a representative of the
United States or as an alternate to attend any specified session or
specified sessions of the General Assembly shall be entitled to receive
such compensation.
SEC. 3.2 The representatives provided for in section 2 hereof, when
representing the United States in the respective organs and agencies
of the United Nations, shall, at all times, act in accordance with the
instructions of the President transmitted by the Secretary of State
unless other means of transmission is directed by the President, and
such representatives shall, in accordance with such instructions, cast
any and all votes under the Charter of the United Nations.
SEc. 43 The President shall, from time to time as occasion may
require, but not less than once each year, make reports to the Congress
of the activities of the United Nations and of the participation of
the United States therein. He shall make special current reports on
decisions of the Security Council to take enforcement measures under
the provisions of the Charter of the United Nations, and on the par-
ticipation therein, under his instructions, of the representative of the
United States.
' 22 U. S. C. ? 287a.
22 U. S. C. 287b.
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LEGISLATION ON FOREIGN RELATIONS
SEC. 5.4 (a) Notwithstanding the provisions of any other law,
whenever the United States is called upon by the Security Council to
apply measures which said Council has decided, pursuant to article
41 of said Charter, are to be employed to give effect to its decisions
under said Charter, the President may, to the extent necessary to
apply such measures, through any agency which he may designate,
and under such orders, rules, and regulations as may be prescribed by
him, investigate, regulate, or prohibit, in whole or in part, economic
relations or rail, sea air, postal, telegraphic, radio, and other means
of communication between any foreign country or any national
thereof or any person therein and the United States or any person
subject to the jurisdiction thereof, or involving any property subject
to the jurisdiction of the United States.
(b) Any person who willfully violates or evades or attempts to
violate or evade any order, rule, or regulation issued by the President
pursuant to paragraph (a) of this section shall, a on conviction, be
fined not more than $10,000 or, if a natural pperson, be imprisoned for
not more than ten years, or both; and the officer, director, or agent of
any corporation who knowingly participates in such violation or
evasion shall be punished by a like fine, imprisonment, or both, and
any property, funds, securities, papers, or other articles or documents,
or any vessel., together with her tackle, apparel, furniture, and equip-
ment, or vehicle, or aircraft, concerned in such violation shall be
forfeited to the United States.
SEC. 6.5 The President is authorized to negotiate a special agreement
or agreements with the Security Council which shall be subject to
the approval of the Congress by appropriate. Act or joint resolution,
providing for the numbers and types of armed forces, their degree of
readiness and general location, and the nature of facilities and assist-
ance, including rights of passage, to be made available to the Security
Council on its call for the purpose of maintaining international peace
and security in accordance with article 43 of said Charter. The
President shall not be deemed to require the authorization of the
Congress to make available to the Security Council on its call in order
to take action under article 42 of said Charter and pursuant to such
special. agreement or agreements the armed forces, facilities, or as-
sistance provided for therein : Provided, That, except as authorized
in section 7 of this Act, nothing herein contained shall be construed
as an authorization to the President by the Congress to make available
to the Security Council for such purpose armed forces, facilities, or
assistance in addition to the forces, facilities, and assistance provided
for in such special agreement or agreements.
SEC. 7.8 (a) Notwithstanding the provisions of any other law, the
President, upon the request by the United Nations for cooperative
action, and to the extent that he finds that it is consistent with the
national interest to comply with such request, may authorize, in sup-
port of such activities of the United Nations as are specifically directed
to the peaceful settlement of disputes and not involving the employ-
ment of armed forces contemplated by chapter VII of the United
Nations Charter-
-22U . S. C. 287c.
22 U. S. C. Ci 28 77d-1.
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LEGISLATION ON FOREIGN RELATIONS
(1) the detail to the United Nations, under such terms and
conditions as the President shall determine, of personnel of the
armed forces of the United States to serve as observers, guards,
or in any noncombatant capacity, but in no event shall more than
a total of one thousand of such personnel be so detailed at any
one time : Provided, That while so detailed, such personnel shall
be considered for all purposes as acting in the line of duty, includ-
ing the receipt of pay and allowances as personnel of the armed
forces of the United States, credit for longevity and retirement,
and all other perquisites appertaining to such duty : Provided fur-
titer, That upon authorization or approval by the President, such
personnel may accept directly from-the United Nations (a) any
or all of the allowances or perquisites to which they are entitled
under the first proviso hereof, and (b) extraordinary expenses and
perquisites incident to such detail;
(2) the furnishing of facilities, services, or other assistance
and the loan of the agreed fair share of the United States of any
supplies and equipment to the United Nations by the National
Military Establishment, under such terms and conditions as the
President shall determine;
(3) the obligation, insofar as necessary to carry out the pur-
poses of clauses (1) and (2) of this subsection, of any funds
appropriated to the National Military Establishment or any
department therein, the procurement of such personnel, supplies,
equipment, facilities, services, or other assistance as may be made
available in accordance with the request of the United Nations,
and the replacement of such items, when necessary, where they
are furnished from stocks.
(b) Whenever personnel or assistance is made available pursuant
to the authority contained in subsection (a) (1) and (2) of this section,
the President shall require reimbursement from the United Nations
for the expense thereby incurred by the United States : Provided,
That in exceptional circumstances, or when the President finds it
to be in the national interest, he may waive, in whole or in part, the
requirement of such reimbursement: Provided further, That when any
such reimbursement is made, it shall be credited, at the option of the
appropriate department of the National Military Establishment,
either to the appropriation, fund, or account utilized in incurring the
obligation, or to an appropriate appropriation, fund, or account cur-
rently available for the purposes for which expenditures were made.
(c) In addition to the authorization of appropriations to the
Department of State contained in section 8 of this Act, there is hereby
authorized to be appropriated to the National Military Establishment,
or any department therein, such sums as may be necessary to reimburse
such Establishment or department in the event that reimbursement
from the United Nations is waived in whole or in part pursuant to
authority contained in subsection (b) of this section.
(d) Nothing` in this Act shall authorize the disclosure of any
information or knowledge in any case in which such disclosure is
prohibited by any other law of the United States.
SEC. 8. 7 There is hereby authorized to be appropriated annually to
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LEGISLATION ON FOR
the Department of State, out of any money in the Treasury not other-
wise appropriated, such sums as may be necessary for the payment
by the United States of its share of the expenses of the United Na-
tions as apportioned by the General Assembly in accordance with
article 17 of the Charter, and for all necessary salaries and expenses
of the representatives provided for in section 2 hereof, and of their
appropriate staffs, including personal services in the District of Co-
lumbia and elsewhere, without regard to the civil-service laws and the
Classification Act of 1923, as amended; travel expenses without re-
gard to the Standardized Government Travel Regulations, as
amended, the Travel Expense Act of 1949, and section 10 of the Act
of March 3, 1933, as amended, and, under such rules and regulations
as the Secretary of State may prescribe, travel expenses of families
and transportation of effects of United States representatives and
other personnel in going to and returning from their post of duty;
allowances for living quarters, including heat, fuel, and light, as
authorized by the Act approved June 26, 1930 (5 U. S. C. 118a) ; cost-
of-living allowances for personnel stationed abroad under such rules
and regulations as the Secretary of State may prescribe; communica-
tions services; stenographic reporting, translating, and other services,
by contract; hire of passenger motor vehicles and other local trans-
portation; rent of offices; printing and binding without regard to sec-
tion 11 of the Act of March 1, 1919 (44 U. S. C. 111) ; allowances and
expenses as provided in section 6 of the Act of July 30, 1946 (Public
Law 565, Seventy-ninth Congress), and allowances and expenses
equivalent to those provided in section 901 (3) of the Foreign Service
Act of 1946 (Public Law 724, Seventy-ninth Congress) ; the lease or
rental (for periods not exceeding ten years) of living quarters for the
use of the representative of the United States to the United Nations
referred to in paragraph (a) of section 2 hereof, the cost of installa-
tion and use of telephones in the same manner as telephone service is
provided for use of the Foreign Service pursuant to the Act of August
23, 1912, as amended (31 U. S. C. 679), and the allotment of funds,
similar to the allotment authorized by section 902 of the Foreign
Service Act of 1946, for unusual expenses incident to the operation
and maintenance of such living quarters, to be accounted for in ac-
cordance with section 903 of said Act; and such other expenses as
may be authorized by the Secretary of State ? all without regard to
section 3709 of the Revised Statutes, as amended (41 U. S. C. 5).
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2. The International Organizations Immunities Act
Text of Public Law 291, 79th Congress [H. R. 4489], 59 Stat. 669, approved
December 29, 1945'
AN ACT To extend certain privileges, exemptions, and Immunities to inter-
national organizations and to the officers and employees thereof, and for
other purposes.
Be it enacted by the Senate and House of Representatives Of the
United States of America in Congress assembled,
TITLE I
SECTION 1.2 For the purposes of this title, the term "international
organization" means a public international organization in which the
United States participates pursuant to any treaty or under the
authority of any Act of Congress authorizing such participation or
making an appropriation for such participation, and which sliall have
been designated by the President through appropriate Executive order
as being entitled to enjoy the privileges, exemptions and immunities
herein provided. The President shall be authorized, in the light of
the functions performed by any such international organization, by
appropriate Executive order to withhold or withdraw from any such
organization or its officers or employees any of the privileges, exemp-
tions, and immunities provided for in this title (including the amend-
ments made by this title) or to condition or limit the enjoyment by any
such organization or its officers or employees of any such privilege,
exemption, or immunity. The President shall be authorized, if in his
judgment such action should be justified by reason of the abuse by an
international organization or its officers and employees of the privi-
leges, exemptions, and immunities herein provided or for any other
reason, at any time to revoke the designation of any international
organization under this section, whereupon the international organiza-
tion in question shall cease to be classed as an international organiza-
tion for the purposes of this title.a
3 Title II is unrelated to the U. N. and has been omitted.
2 22 U. S. C. ? 288.
8 The following international organizations are currently designated by the President
as public international organizations entitled to enjoy the privileges, exemptions and
immunities of the International Organizations Immunities Act:
Executive Order No. 9698, February 19, 1946
The Food and Agriculture Organization
The International Labor Organization
The United Nations
Executive Order No. 9751, JuZy 12, 1946
Inter-American Institute of Agricultural Sciences
Inter-American Statistical Institute
International Bank for Reconstruction and Development
International Monetary Fund
Pan American Sanitary Bureau
Eweoutive Order No. 9823, January 24, 1947
International Wheat Advisory Committee
(International Wheat Council)
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LEGISLATION ON FOREIGN RELATIONS 244
SEC. 2.1 International organizations shall enjoy the status, im-
munities, exemptions, and privileges set forth in this section, as
follows :
(a) International organizations shall, to the extent consistent with
the instrument creating them, possess the capacity-
I) to contract;
ii) to acquire and dispose of real and personal property ;
iii) to institute ` legal proceedings.
(b) International organizations, their property and their assets,
wherever located, and by whomsoever held, shall enjoy the same
immunity from suit and every form of judicial process as is enjoyed
by foreign governments, except to the extent that such organizations
may expressly waive their immunity for the purpose of any proceed-
ings or by the terms of any contract.
(c) Property and assets of international organizations, wherever
located and by whomsoever held, shall be immune from search, unless
such immunity be expressly waived, and from confiscation. The
archives of international organizations shall be inviolable.
(d) Insofar as concerns customs duties and internal-revenue taxes
imposed upon or by reason of importation, and the procedures in
connection therewith; the registration of foreign agents; and the
treatment of official communicittions, the privileges, exemptions, and
immunities to which international organizations shall be entitled shall
be those accorded under similar circumstances to foreign governments.
Executive Order No. 9863, June 2, 1947
United Nations Educational, Scientific, and Cultural Organization
International Civil Aviation Organization
International Telecommunication Union
Executive Order No. 9911, December 22, 1947
International Cotton Advisory Committee
Executive Order No. 9972, June 25, 1948
International Joint Commission, United States and Canada
Executive Order No. 10026, December $0, 1948
World Health Organization
Caribbean Commission
Executive Order No. 10086, November 26, 1949
South Pacific Commission
Executive Order No. 10133, June 27, 1950
Organization for European Economic Cooperation
Executive Order No. 10228, March 26, 1951
Inter-American Defense Board
Executive Order No. 10385, March 28, 1952
Provisional Intergovernmental Committee for the Movement of Migrants from Europe
(now the Intergovernmental Committee for European Migration)
Executive Order No. 10538, June 3, 1954
Organization of American States (includes the Pan American Union, previously designated
February 19, 1946, by Executive Order No. 9698)
Executive Order No. 10676, September 4, 1956
World Meteorological Organization
Executive Order No. 10680, October 4, 1056
International Finance Corporation
Executive Order No. 10727, August 31, 1957
Preparatory Commission of the International Atomic Energy Agency
International Atomic Energy Agency
Universal Postal Union
4 22 U. S. C. i 288a.
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SEC. 31 Pursuant to regulations prescribed by the Commissioner
of Customs with the approval of the Secretary of the Treasury, the
baggage and effects of alien officers and employees of international
organizations, or of aliens designated by foreign governments to serve
as their representatives in or to such orgganizations, or of the families,
suites, and servants of such officers, employees, or representatives shall
be admitted (when imported in connection with the arrival of the
owner) free of customs duties and free of internal-revenue taxes
imposed upon or by reason of importation.
SEC. 4.6 The Internal Revenue Code is hereby amended as follows:
(a)' Effective with respect to taxable years beginning after De-
cember 31, 1943, section 116 (c), relating to the exclusion from gross
income of income of foreign governments, is amended to read as
follows :
44(c) INCOME OF FOREIGN GOVERNMENTS AND OF INTERNATIONAL
ORGANIZATIONS.-The income of foreign governments or international
organizations received from investments in the United States in
stocks, bonds, or other domestic securities, owned by such foreign
governments or by international organizations, or from interest on
deposits in banks in the United States of moneys belonging to such
foreign governments or international organizations, or from any
other source within the United States."
(b)8 Effective with respect to taxable years beginning after De-
cember 31, 1943, section 116 (h) (1), relating to tie exclusion from
gross income of amounts paid employees of foreign govern-
ments, is amended to read as follows:
"(1) RULE FOR ExcLusiow.-Wages, fees, or salary of any em-
ployee of a foreign government or of an international organiza-
tion or of the Commonwealth of the Philippines (including a
consular or other officer, or a nondiplomatlc representative),
received as compensation for official services to such government,
international organization, or such Commonwealth-
"(A) If such employee is not a citizen of the United States, or
is a citizen of the Commonwealth of the Philippines (whether or
not a citizen of the United States) ; and
"(B) If, in the case of an employee of a foreign government
or of the Commonwealth of the Philippines, the services are of a
character similar to those performed by employees of the Govern-
ment of the United States in foreign countries or in the Common-
wealth of the Philippines, as the case may be; and
"(C) If, in the case of an employee of a foreign government
or the Commonwealth of the Philippines, the foreign government
or the Commonwealth grants an equivalent exemption to em-
ployees of the Government of the United States performing
similar services in such foreign country or such Commonwealth,
as the case may be."
(c) 9 Effective January 1, 1946, section 1426 (b), defining the term
"employment" for the purposes of the Federal Insurance Contribu-
22 U. S. C. ? 288b.
The provisions of see. 4 are contained in title 26 of the United States Code, as noted
below.
726 U. S. C. 9116(c).
? 26 U. S. C. ? 116 (h) (1)) (A), (B), (C).
? 26 U. S. C. ? 1426 (b) (1?).
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LEGISLATION ON FOREIGN RELATIONS 245
tions Act, is amended (1) by striking out the word "or" at the end
of pars raph (14), (2) by striking out the period at the end of para-
graph (15) and inserting in lieu thereof a semicolon and the word
or", and (3), by inserting at the end of the subsection the following
new paragraph :
"(16) Service performed in the employ of an international
organization."
(d) 1D Effective January 1, 1946, section 1607 (c), defining the term
"employment" for the purposes of the Federal Unemployment Tax
Act, is amended (1) by striking out the word "or" at the end of
paragraph (14), (2) by striking out the period at the end of para-
rapyh (15) and inserting in lieu thereof a semicolon and the word
or,' and (3) by inserting at the end of the subsection the following
new paragraph :
"(16) Service performed in the employ of an international
organization."
(e) 11 Section 1621 (a) (5), relating to the definition of "wages" for
the purpose of collection of income tax at the source, is amended by
inserting after the words "foreign government" the words "or an
international organization".
(f) 12 Section 3466 (a), relating to exemption from communications
taxes is amended by inserting immediately after the words "the Dis-
trict of Columbia" a comma and the words "or an international organi-
zation".
(g) 18 Section 3469 (f) (1), relating to exemption from the tax on
transportation of persons, is amended by inserting immediately after
the words "the District of Columbia" a comma and the words "or
an international organization".
(h) 14 Section 3475 (b) (1), relating to exemption from the tax on
transportation of property, is amended by inserting immediately after
the words "the District of Columbia" a comma and the words "or an
international organization".
(i) 15 Section 3797 (a), relating to definitions, is amended by adding
at the end thereof a new paragraph as follows :
"(18) INTERNATIONAL ORGANIZATION.-The term `international
organization' means a public international organization entitled
to enjoy privileges, exemptions, and immunities as an interna-
tional organization under the International Organizations Immu-
nities Act."
SEC. 5. (a) 16 Effective January 1, 1946, section 209 (b) of the Social
Security Act, defining the term "employment" for the purposes of
title II of the Act, is amended (1) by striking out the word "or"
at the end of paragraph (14), (2) by striking out the period at the end
of paragraph (15 and inserting in lieu thereof a semicolon and the
word "or", and (3) by inserting at the end of the subsection the
following new paragraph:
"(16) Service performed in.the employ of an international
organization entitled to enjoy privileges, exemptions, and im-
10 26 U. S. C. 1607 c) (16).
1126 u,s.C.11621. a) (5),
6 U. S. C. ? 3466 a).
122
13 26 U. S. e,?3489 f) M.
14 26 U. S. S.C. ? 3475 (b) (1).
-1d26 U. S. C. ? 3797 (a) (18)~
1842 U. S. C. ? 410 (a) (15).
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246 LEGISLATION ON FOREIGN RELATIONS
munities as an international organization under the International
Organizations Immunities Act."
(b) 17 No tax shall be collected under title VIII or IX of the Social
Security Act or under the Federal Insurance Contributions Act or
the Federal Unemployment Tax Act, with respect to services ren-
dered prior to January 1, 1946, which are described in paragraph
(16) of sections 1426 (b) and 1607 (c) of the Internal Revenue Code,
as amended, and any such tax heretofore collected (including penalty
and interest with respect thereto, if any) shall be refunded in accord-
ance with the provisions of law applicable in the case of erroneous
or illegal collection of the tax. No interest shall be allowed or paid
on the amount of any such refund. No payment shall be made under
title II of the Social Security Act with respect to services rendered
prior to January 1, 1946, which are described in paragraph (16) of
section 209 (b) of such Act, as amended.
SEc. 6.18 International organizations shall be exempt from all prop-
erty taxes imposed by, or under the authority of, any Act of Congress,
including such Acts as are applicable solely to the District of Columbia
or the Territories.
SEc. 7. (a) 16 Persons designated by foreign governments to serve as
their representatives in or to international organizations and the offi-
cers and employees of such organizations, and members of the imme-
diate families of such representatives, officers, and employees residing
with them, other than nationals of the United States, shall, insofar
as concerns laws regulating entry into and departure from the United
States, alien registration and fingerprinting, and the registration of
foreign agents, be entitled to the same privileges, exemptions, and
immunities as are accorded under similar circumstances to officers and
employees, respectively, of foreign governments, and members of their
families.
(b)11 Representatives of foreign governments in or to international
organizations and officers and employees of such organizations shall
be immune from suit and legal process relating to acts performed by
them in their official capacity and falling within their functions as
such representatives, officers, or employees except insofar as such im-
munity may be waived by the foreign government or international
organization concerned.
(c) 21 Section 3 of the Immigration Act approved May 26, 1924, as
1'1 26 U. S. C. ? 1400 Historical Note ; 26 U. S. C. ? 1600 Historical Note ; 42 U. S. C.
? 401 Historical Note.
is 22 P. S. C. 8 288c.
19 22 U. S. C. 2884 (a).
22 U. S. C. ? 2884 (b).
21 Sec. 3 of the Immigration Act of May 26, 1924 (8 U. S. C. ? 203) was repealed and
replaced by see. 101 (a) (15) of the Immigration and Nationality Act of June 27, 1952,
Public Law 414, 82d Congress, 2d sees.. 66 Stat. 166, 8 U. S. C. ? 1101 (a). See. 7 (c) of
the International Organizations Immunities Act, set forth in the text above, is now covered
g see. 101 (a) (15) (G) of the Immigration and Nationality Act of June 27, 1952
b
Ti. S. C. ? 1101 (a) (15) (G); which provides:
"(G) (1) a designated principal resident representative of a foreign government recog-
nized de Jure by the United States which foreign government is a member of an inter-
national organization entitled to enjoy privileges, exemptions, and impunities as an Inter-
national organization under the International Organizations Immunities Act (55Stat. 669),
accredited resident members of the staff of such representatives, and members of his or
their immediate family:
(ii) other accredited representatives of such a foreign government to such inter-
national organizations, and the members of their immediate families ;
(iii) an alien able to qualify under (1) or (ii) above except for the fact that the
government of which such alien is an accredited representative is not recognized de
jure by the United States, or that the government of which he is an accredited repre-
sentative is not a member of such international organization, and the members of big
immediate family ;
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LEGISLATION ON FOREIGN RELATIONS 247
amended (U. S. C., title 8, sec. 203), is hereby amended by striking
out the period at the end thereof and inserting in lieu thereof a comma
and the following: "and (7) a representative of a foreign govern-
ment in or to an international organization entitled to enjoy privi-
leges, exemptions, and immunities as an international organization
under the International Organizations Immunities Act, or an alien
officer or employee of such an international organization, and the
family, attendants, servants, and employees of such a representative,
officer, or employee".
(d) 22 Section 15 of the Immigration Act approved May 26, 1924, as
(iv) officers, or employees of such international organizations, and the members of
their Immediate families ;
(v) attendants, servants, and personal employees of any such representative, officer,
or employee, and the members of the immediate families of such attendants, servants,
and personal employees ?" 2
C ? 1101 (101 a) (a) 15 of establi hes nine craion an ategoies of Nationalit
nonimmigrant" aliens2(aliens admitt d to
the United States on a temporary basis, not for permanent residence here, and therefore
not subject to quota restrictions). These are : Class A, Foreign government officials ;
Class B, Temporary visitors; Class C, Transit aliens Including, aliens entitled to pass in
transit to and from the United Nations headquarters in New Yrk City) ? Class D, Crew-
men; Class E, Treaty traders and treaty investors; Class F, Students; Cilass G. Interna-
tional organizations personnel ; Class H, Temporary workers ; Class I, Foreign corre-
spondents. A. detailed account of the Immigration and Nationality Act of June 27, 1952
appears in a special article in Title 8 of the United States Code Annotated, prepared by
Walter M. Besterman, Legislative Assistant, Committee on the Judiciary, House of Repre-
sentatives, United States.
12
and race ced by seesm 02, 214n and 241 ofythe 26, 1924 Immigrartion and?Na Tonality Actrof June
27, 1952, (8 U. S. C. ?? 1102, 1184, 1251 (e)). Sec. 7 (d) of the International Organiza-
tions Immunities Act, set forth in the text above, Is now covered by sec. 102 of the
Immigration and Nationality Act of June 27, 1952 (8 U. S. C. ? 1102), which states :
"Snc. 102. Except as otherwise provided in this Act, for so long as they continue in the
nonimmigrant classes enumerated in this section, the provisions of this Act relating to
ineligibility to receive visas and the exclusion or deportation of aliens shall not be con-
strued to apply to (1 e)provisions relating to reasonable rrequi ems is o(A) (1) of ction 101 f passports and visas as )a means
of Identification and documentation necessary to establish their qualifications under
such Paragraph (15) (A) (1), and, under such rules and regulations as the President
may deem to be necessary, the provisions of paragraph (27) of section 212 (a)
(2) within the class described in paragraph (15) (G) (1) of section 101 (a), ex-
cept those provisions relating to reasonable requirements of passports and visas as a
means of Identification and documentation necessary to establish their qualifications
under such paragraph (15) (G) (i), and the provisions of paragraph (27) of section
212 (a) ; and
(3) within the classes described in paragraphs (15) (A) (ii), (15) (G) (it),
(15) (G) (iii), or (15) (G) (iv) of section 101 (a), except those provisions relating
to reasonable requirements of passports and visas as a means of Identification and
d
the ocumentation necessary to establish their qualifications under such paragraphs, and
See. 212 of thesImmigration aind Nationality)Act ofcJune 212 1952 (8 U. S. C. ? 1182)
sets forth the various classes of aliens to be excluded from admission to the United States.
Paragraph (27) of sec. 212 (a) (8 U. S. C. ? 1182 (a) (27)) provides :
"(27) Aliens who the consular office or the Attorney General knows or has reason to
believe seek to enter the United States solely, principally, or incidentally to engage in
activities which would be prejudicial to the public interest, or endanger the welfare,
safety, or security of the United States ;"
Paragraph (29) of sec. 212 (a) (8 U. S. C. ? 1182 (a) (29)) provides:
"(29) Aliens with respect to whom the consular officer or the Attorney General knows
or has reasonable ground to believe probably would, after entry, (A) engage in activities
which would be prohibited by the laws of the United States relating to espionage, sabotage,
public disorder, or in other activity subversive to the national security, (B) engage in any
activity a purpose of which Is the opposition to, or the control or overthrow of, the Gov-
ernment of the United States, by force, violence, or other unconstitutional means, or
(C) join, affiliate with, or participate in the activities of any organization which is regis-
tered or required to be registered under section 7 of the Subversive Activities Control Act
of 1950 ;"
andt (will cases oted f International organizations personnel but does no5t)co cover (15) (1(0) ( (v)
cases (attendants, servants, and personal employees of such personnel, and members of the
immediate fandlies of such attendants, servants, and personal employees). Sec. 212
(8 U. S. C. ? 31182) setting forth various grounds of exclusion of aliens, such as mental,
physical or moral defects, therefore applies to this class of personnel. See. 212 (d) (2)
(8 U. S. C. ? 1182 (d) (2)) contains this exception :
1(2) The provisions of paragraph (28) of subsection (a) of this section shall not be
applicable to any alien who is seeking to enter the United States temporarily as a non-
immigrant under paragraph (15) (A) (fly, or (15) (G) (v) of Section 101 (a)."
See. 212 (a) (28) (8 U. S. C. ? 1182 ) (28)) lists various classes of aliens who are
excluded because of subversive activities and associations. These classes include: anarch-
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248 LEGIS1LATTOIv ON FOREIGN RELATIONS
amended (U. S. C., title 8, sec. 215), is hereby amended to read as
follows :
"SEC. 15. The admission to the United States of an alien excepted
from the class of immigrants by clause (1), (2), (3), (4), (5), (6),
or (7) of section 3, or declared to be a nonquota immigrant by sub
division (e) of section 4, shall be for such time and under such condi-
tions as may be by regulations prescribed (including, when deemed
necessary for the. classes mentioned in clause (2), (3), (4), or (6) of
section 3 and subdivision (e) of section 4, the giving o bond with
sufficient surety, in such sum and containing such conditions as may
be by regulations prescribed) to insure that, at the expiration of such
time or upon failure to maintain the status under which adrnitted, he
will depart from the United States : Provided, That no alien who
has been, or who may hereafter be, admitted into the United States
under clause (1) or (7) of section 3, as an official of a foreign govern-
ment, or as a member of the family of such official, or as a representa-
tive of a foreign government in or to an international organization
or an officer or employee of an international organization, or as a
member of the family of such representative, officer, or employee, shall
be required to depart from the United States without the approval
of the Secretary of State."
SEC. 8.23 (a) No person shall be entitled to the benefits of this title
unless he (1) shall have been duly notified to and accepted by the
Secretary of State as a representative, officer, or employee; or (2)
shall have been designated by the Secretary of State, prior to formal
fists : opponents of all organized governments ; members of the Communist Party of the
United States ; advocates of world communism advocates of the overthrow by force, vio-
lence, or other unconstitutional means of the Government of the United States or of all
forms of law ; etc.
in this connection, note should be made of sec. 212 (d) (3) and (6) (8 U. S. C. ? 1182
(d) (3) and (6)). Paragraph (3) provides:
(3) Except as provided in this subsection, an alien (A) who is applying for a non
immigrant?visa and is known or believed by the- consular officer to be ineligible for-such
visa under one or more of the paragraphs enumerated In subsection (a) (other than para-29
or a
eneral
Atto
after
recomm Dv the-Secretary and of Statteeaor by the a consularbofscer thatrthe alien be admitted temp r arily
despite his inadmissibility, be granted such a visa and may be admitted into the United
States temporarily as onimmigrant In the discretion of the Attorney General, or (B)
who is inadmissible under one or more of the paragraphs enumerated in subsection (a)
(other than paragraphs (27) and (29) ), but who is in possession of appropriate documents
or is granted- a waiver thereof and is seeking admission, may be admitted into the United
States temporarily as a nonimmigrant in the discretion of the Attorney General."
Paragraph (6) provides: -
11(6) The Attorney General spall,prescribe conditions, including exaction of such bonds
as may be`netessary, to control and regulate the admission'and return ofexcludable aliens
applying for temporary admission under this subsection. The Attorney General shall -make
a detailed report to the Congress in any case in which he exercises his authority under
paragraph (8) of this subsection on behalf of any alien excludable under paragraphs (9),
(10), and (28) of subsection (a)."
Attention is also called to sec. 214 (a) and (b) (8 U. S. C. ? 1184 (a) and (b) ), which
provide:
`SEC. 214. (a) The admission to the United States of any alien as a nonimmigrant shall
be for such time and under such conditions as the Attorney General may by regulations
prescribe, including when he deems necessary the giving of a bond with sufficient surety in
such sum and containing such conditions as the Attorney General shall prescribe, to insure
that at the expiration of such time or upon failure to maintain the status under which he
was admitted, or to maintain any status subsequently acquired under section 248, such
alien will depart from the United States.
"(b) Every allen shall be presumed to be an immigrant until he establishes to the
satisfaction of the consular officer, at the time of application for a visa, and the immi-
gration officers, at the time of application for admission, that he is entitled to a non-
immigrant status under section 101 (a) (15). An alien who Is an officer or employee
of any foreign government or of any international organization entitled to enjoy privileges,
exemptions, and immunities under the International Organizations Immunities Act, or an
alien who is the attendant, servant, employee, or member of the immediate family of any
such alien shall not be entitled to apply for or receive an Immigrant visa, or to enter the
United States as an immigrant unless he executes a written waiver in the same form and
substance as is prescribed by section 247 (b)."
0 22 U. S. C. 1288e.
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LEGISLATION ON FOREIGN,. RELATIONS IN
notification and acceptance, as a prospective representative, officer, or
employee; or (3) is a member of the family or suite or servant, of
one of the foregoing accepted or designated representatives, officers,
or employees.
(b) Should the Secretary of State determine that the continued
presence in the United States of any person entitled to the benefits of
this title is not desirable, he shall so inform the foreign government
or international organization concerned, as the case may be, and after
such person shall have had a reasonable length of time, to be deter-
mined by the Secretary of State, to depart from the United States,
he shall cease to be entitled to such benefits.
(c) No person shall, by reason of the provisions of this title, be
considered as receiving diplomatic status or as receiving any of the
privileges incident thereto other than such as are specifically set forth
herein.
SLC. 9.24 The privileges, exemptions, and immunities of interna-
tional organizations and of their officers and employees, and members
of their families, suites, and servants, provided for in this title, shall
be granted notwithstanding the fact that the similar privileges, ex-
emptions, and immunities granted to a foreign government, its officers,
or employees, may be conditioned upon the existence of reciprocity
by that foreign government : Provided, That nothing contained in
this title shall be construed as precluding the Secretary of State from
withdrawing the privileges, exemptions, and immunities herein pro-
vided from persons who are nationals of any foreign country on the
ground that such country is failing to accord corresponding privileges,
exemptions, and immunities to citizens of the United States.
SEC. 10. This title may be cited as the "International Organizations
Immunities Act".
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3. The United Nations Headquarters Agreement Act
Text of Public Law 357, 80th Congress [S. J. Res. 1441, 61 Stat. 756, approved
August 4, 1947
JOINT RESOLUTION Authorizing the President to bring into effect an agree-
ment between the United States and the United Nations for the purpose of
establishing the permanent headquarters of the United Nations in the United
States and authorizing the taking of measures necessary to facilitate com-
pliance with the provisions of such agreement, and for other purposes.'
Whereas the Charter of the United Nations was signed on behalf of
the United States on June 26, 1945, and was ratified on August 8,
1945, by the President of the United States, by and with the advice
and consent of the Senate, and the instrument of ratification of the
said Charter was deposited on August 8, 1945; and
Whereas the said Charter of the United Nations came into force with
respect to the United States on October 24,1945; and
Whereas article 104 of the Charter provides that "The Organization
shall enjoy in the territory of each of its Members such legal ca-
pacity as may be necessary for the exercise of its functions and the
fulfillment of its purposes"; and
Whereas article 105 of the Charter provides that:
"1. The Organization shall enjoy in the territory of each of its
Members such privileges and immunities as are necessary for the
fulfillment of its purposes.
"2. Representatives of the Members of the United Nations and
officials of the Organization shall similarly enjoy such privileges
and immunities as are necessary for the independent exercise of
their functions in connection with the Organization.
"3. The General Assembly may make recommendations with a
view to determining the details of the application of paragraphs
1 and 2 of this article or may propose conventions to the Members
of the United Nations for this purpose."; and
Whereas article 28 and other articles of the Charter of the United
Nations contemplate the establishment of a seat for the permanent
headquarters of the Organization; and
Whereas the interim arrangements concluded on June 26, 1945, by the
governments represented at the United Nations Conference on
International Organization instructed the Preparatory Commission
established in pursuance of the arrangements to "make studies and
prepare recommendations concerning the location of the permanent
headquarters of the Organization"; and
Whereas during the labors of the said Preparatory Commission, the
Congress of the United States in H. Con. Res. 75, passed unani-
mously by the House of Representatives December 10, 1945, and
a reed to unanimously by the Senate December 11, 1945, invited the
United Nations "to locate the seat of the United Nations Organiza-
tion within the United States"; and
' 22 U. S. C. ? 287 footnote.
250
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ON FOREIGN RELATIONS 251
Whereas the General Assembly on December 14, 1946, resolved "that
the permanent headquarters of the United Nations shall be estab-
lished in New York City in the area bounded by First Avenue
East Forty-eighth Street, the East River, and East Forty-second
Street"; and
Whereas the General Assembly resolved on December 14, 1946 "That
the Secretary-General be authorized to negotiate and conclude with
the appropriate authorities of the United States of America an
agreement concerning the arrangements required as a result of the
establishment of the permanent headquarters of the United Nations
in the city of New York" and to be guided in these negotiations by
the provisions of a preliminary draft agreement which had been
negotiated by the Secretary-General and the Secretary of State of
the United States; and
Whereas the General Assembly resolved on December 14, 1946, that
pending the coming into force of the agreement referred to above
"the Secretary-General be authorized to negotiate and conclude
arrangements with the appropriate authorities of the United States
of America to determine on a provisional basis the privileges,
immunities, and facilities needed in connection with the temporary
headquarters of the United Nations."; and
Whereas the Secretary of State of the United States, after consulta-
tion with the appropriate authorities of the State and city of New
York, signed at Lake Success, New York, on June 26, 19472 on
behalf of the United States an agreement with the United Nations
regarding the headquarters of the United Nations, which agree-
ment is incorporated herein; and
Whereas the aforesaid agreement provides that it shall be brought
into effect by an exchange of notes between the United States and
the Secretary-General of the United Nations : Therefore be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President is
hereby authorized to bring into effect on the part of the United States
the agreement between the United States of America and the United
Nations regarding the headquarters of the United Nations, signed at
Lake Success, New York, on June 26, 1947 (hereinafter referred to as
the "agreement"), with such changes therein not contrary to the gen-
eral tenor thereof and not imposing any additional obligations on the
United States as the President may deem necessary and appropriate,
and at his discretion, after consultation with the' appropriate State
and local authorities, to enter into such supplemental agreements with
the United Nations as may be necessary to fulfill the purposes of the
said agreement : Provided, That any supplemental agreement entered
into pursuant to section 5 of the agreement incorporated herein shall
be submitted to the Congress for approval. The agreement follows :
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252 LEGISLATION ON FOREIGN RE, I 8
AGREEMENT BETWEEN THE UNITED NATIONS AND
THE UNITED STATES OF AMERICA REGARDING THE
HEADQUARTERS OF THE UNITED NATIONS 2
THE UNITED NATIONS AND THE UNITED STATES OF AMERICA :
Desiring to conclude an agreement for the purpose of carrying
out the Resolution adopted by the General Assembly on 14 December
1946 to establish the seat of the United Nations in The City of New
York and to regulate questions arising as a result thereof;
Have appointed as their representatives for this purposes :
The United Nations :
TRYGVE LIE,
Secretary_ General,
and
The United States of America :
GEORGE C. MARSHALL,
Secretary of State,
Who have agreed as follows :
ARTICLE I-DEFINITIoNS
SECTION 1
In this agreement :
(a) The expression "headquarters district" means (1) the area
defined as such in Annex 1, (2) any other lands or buildings which
from time to time may be included therein by supplemental agree-
ment with the appropriate American authorities;
b) The expression "appropriate American authorities" means such
federal, state or local authorities in the United States as may be
appropriate in the context and in accordance with the laws and
customs of the United States, including the laws and customs of the
state and local government involved;
(c) the expression "General Convention" means the Convention
on the Privileges and Immunities of the United Nations approved by
the General Assembly of the United Nations 13 February 1946, as
acceded to by the United States;
(d) the expression "United Nations" means the international
organization established by the Charter of the United Nations, here-
inafter referred to as the "Charter";
(e) the expression "Secretary-General" means the Secretary-
General of the United Nations.
ARTICLE II-THE HEADQUARTERS DISTRICT
SECTION 2
The seat of the United Nations shall be the headquarters district.
SECTION 3
The appropriate American authorities shall take whatever action
inay be necessary to assure that the United Nations shall not be
Tne n?rPPrnPnr w- uLuu[.,,a ,u-.:^..... ~-- -? -----_
between the United States representative to the United Nations, ender instruction of the
President, and the Secretary-General of the United Nations. See Treaties and Other
International Acts Series 1676.
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dispossessed of its property in the headquarters district, except as
provided in Section 22 in 'the event that the United Nations ceases
to use the same; provided that the United Nations shall reimburse
the appropriate American authorities for any costs incurred, after
consultation with the United Nations, in liquidating by eminent
domain proceedings or otherwise any adverse claims.
(a) The United Nations may establish and operate in the head-
quarters district:
(1) its own short-wave sending and receiving radio broad-
casting facilities (including emergency link equipment) which
may be used on the same frequencies (within the tolerances pre-
scribed for the broadcasting service by applicable United States
reoulh,tions) for radiotelegraph, radioteletype, radiotelephone,
ra~diotelephoto, and similar services;
(2) one point-to-point circuit between the headquarters dis-
trict and the office of the United Nations in Geneva (using single
sideband equipment) to be used exclusively for the exchange of
broadcasting programs and interoffice communications;
(3) low power micro-wave, low or medium frequency facilities
for communication within headquarters buildings only or such
other buildings as may temporarily be used by the United' Nations;
(4) facilities for point-to-point communication to the same
extent and subject to the same conditions as permitted under
applicable rules and regulations for amateur operation in the
United States, except that such rules and regulations shall not
be applied in a manner inconsistent with the inviolability of the
headquarters district provided by Section 9 (a) ;
(5) such other radio facilities as may be specified by supple-
mental agreement between the United Nations and the appro-
priate American authorities.
(b) The United Nations shall make arrangements for the operation
of the services referred to in this section with the International Tele-
communication Union, the appropriate agencies of the Government
of the United States and the appropriate agencies of other affected
governments with regard to a]1 frequencies and similar matters.
(c) The facilities provided for in this section may, to the extent
necessary for efficient operation, be established and operated outside
the headquarters district. The appropriate American authorities
will, on request of the United Nations, make arrangements, on such
terms and in such manner as may be agreed upon by supplemental
agreement, for the acquisition or use by the United Nations of appro-
priate premises for such purposes and the inclusion of such premises
in the headquarters district.
In the event that the United Nations should find it necessary and
desirable to establish and operate an aerodrome, the conditions for the
location, use and operation of such an aerodrome and the conditions
under which there shall be entry"into and exit therefrom shall be the
subject of a supplemental agreement.
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LEGISLATION ON FOREIGN RELATIONS
In the event that the United Nations should propose to organize its
own postal service, the conditions under which such service shall be
setup shall be the subject of a supplemental agreement.
ARTICLE III-LAW AND AUTHORITY IN THE 11IEADQUARTERS DISTRICT
(a) The headquarters district shall be under the control and
authority of the United Nations as provided in this agreement.
(b) Except as otherwise provided in this agreement or in the Gen-
eral Convention, the federal, state and local law of the United States
shall apply within the headquarters district.
(c) Except as otherwise provided in this agreement -or in the
General Convention, the federal, state and local courts of the United
States shall have jurisdiction over acts done and transactions taking
place in the headquarters district as provided in applicable federal,
state and local laws.
(d) The federal, state and local courts of the United States, when
dealing with cases arising out of or relating to acts done or transac-
tions taking place in the headquarters district, shall take into account
the regulations enacted by the United Nations under Section 8.
The United Nations shall have the power to make regulations,
operative within the headquarters district, for the purpose of estab-
lishing therein conditions in all respects necessary for the full
execution of its functions. No federal, state or local law or regulation
of the United States which is inconsistent with a regulation of the
United Nations authorized by this section shall, to the extent of such
inconsistency, be applicable within the headquarters district. Any
dispute, between the United Nations and the United States, as to
whether a regulation of the United Nations is authorized by this sec-
tion or as to whether a federal, state or local law or regulation is
inconsistent with any regulation of the United Nations authorized by
this section, shall be promptly settled as provided in Section 21.
Pending such settlement, the regulation of the United Nations shall
apply, and the federal, state or local law or regulation shall be inap-
plicable in the headquarters district to the extent that the United
Nations claims it to be inconsistent with the regulation of the United
Nations. Thissection shall not prevent the reasonable application of
fire protection regulations of the appropriate American authorities.
(a) The headquarters district shall be inviolable. Federal, state
or local officers or officials of the United States, whether administra-
tive, judicial, military or police, shall not enter the headquarters
district to perform any official duties therein except with the consent
of and under conditions agreed to by the Secretary-General. The
service of legal process, including the seizure of private property, may
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LEGIBI ATION
take place within the headquarters district only with the consent of
and under conditions approved by the Secretary General.
(b) Without prejudice to the provisions of the General Convention
or Article TV of this agreement, the United Nations shall prevent the
headquarters district from becoming a refuge either for persons who
are avoiding arrest under the federal, state, or local law of the United
States or are required by the Government of the United States for
extradition to another country, or for persons who are endeavoring
to avoid service of legal process.
The United Nations may expel or exclude persons from the head-
quarters district for violation of its regulations adopted under Section
8 or for other cause. Persons who violate such regulations shall be
subject to other penalties or to detention under arrest only in accord-
ance with the provisions of such laws or regulations as may be adopted
by the appropriate American authorities.
ARTICLE, IV-COMMUNICATIONS AND TRANSIT
The federal, state or local authorities of the United States shall not
impose any impediments to transit to or from the headquarters dis-
trict of (1) representatives of Members or officials of the United
Nations, or of specialized agencies as defined in Article 57, paragraph
2, of the Charter, or the families of such representatives or officials, (2)
experts performill missions for the United Nations or for such spe-
cialized agencies, (3) representatives of the press, or of radio, film
or other information agencies, who have been accredited by the United
Nations (or by such a specialized agency) in its discretion after con-
sultation with the United States, (4) representatives of nongov-
ernmental organizations recognized by the United Nations for the
purpose of consultation under Article 71 of the Charter, or (5) other
persons invited to the headquarters district by the United Nations or
by such specialized agency on official business. The appropriate
American authorities shall afford any necessary protection to such
persons while in transit to or from the headquarters district. This
section does not apply to general interruptions of transportation
which are to be dealt with as provided in Section 17, and does not
impair the effectiveness of generally applicable laws and regulations
as to the operation of means of transportation."
The provisions of Section 11 shall be applicable irrespective of the
relations existing between the Governments of the persons referred to
in that section and the Government of the United States.
a See 8 U. S. C. Q 1101 (a) (15) (C), establishing as a nonimmigrant (non quota) alien
"an alien who qualifies as a person entitled to pass in transit to and from the United
Nations Headquarters District and foreign countries, under provisions of paragraphs
(3), (4) and (5) of sec. 11 of the Headquarters Agreement with the United Nations (61
Stat. 758) ; ^ ? ?"
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256 LEGISLATION ON FOREIGN RELATIONS
(a) Laws and regulations in force in the United States regarding
the entry of aliens shall not be applied in such manner as to interfere
with the privileges referred to in Section 11. When visas are required
for persons referred to in that Section, they shall be granted without
char a and as promptly as possible.
(b Laws and regulations in force in the United States regarding
the residence of aliens shall not be applied in such manner as to inter-
fere with the privileges referred to in Section 11 and, specifically, shall
not be applied in such manner as to require any such person to leave
the United States on account of any activities performed by him in his
official capacity. In case of abuse of such privileges of residence by
any such person in activities in the United States outside his official
capacity, it is understood that the privileges referred to in Section 11
shall not be construed to grant him exemption from the laws and regu-
lations of the United States regarding the continued residence of
aliens, provided that :
(1) No proceedings shall be instituted under such laws
or regulations to require any such person to leave the United
States except with the prior approval of the Secretary of State
of the United States. Such approval shall be given only after
consultation with the appropriate Member in the case of a repre-
sentative of a Member (or a member of his family) or with the
Secretary-General or the principal executive officer of the appro-
priate specialized agency in the case of any other person referred
to in Section 11;
(2) A representative of the Member concerned, the Secretary-
General, or the principal executive officer of the appropriate
specialized agency, as the case may be, shall have the right to
appear in any such proceedings on behalf of the person against
whom they are instituted;
(3) Persons who are entitled to diplomatic privileges and
immunities under Section 15 or under the General Convention
shall not be required to leave the United States otherwise than in
accordance with the customary procedure applicable to diplo-
matic envoys accredited to the United States.
(c) This section does not prevent the requirement of reasonable
evidence to establish that persons claiming the rights granted by
Section 11 come within the classes described in that section, or the
reasonable application of quarantine and health regulations.
(d) Except as provided above in this section and in the General
Convention, the United States retains full control and authority over
the entry of persons or property into the territory of the United States
and the conditions under which persons may remain or reside there.
(e) The Secretary-General shall, at the request of the appropriate
American authorities, enter into discussions with such authorities,
with a view to making arrangements for registering the arrival and
departure of persons who have been granted visas valid only for
transit to and from the headquarters district and sojourn therein and
in its immediate vicinity.
(f) The United Nations shall, subject to the foregoing provisions
of this section, have the exclusive right to authorize or prohibit entry
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of persons and property into the headquarters district and to rescribe
the conditions under which persons may remain or reside there.
The Secretary-General and the appropriate American authorities
shall, at the request of either of them, consult as to methods of facili-
tating entrance into the United States, and the use of available means
of transportation, by persons coming from abroad who wish to visit
the headquarters district and do not enjoy the rights referred to in
this Article.
(1) Every person designated by a Member as the principal resident
representative to the United Nations of such Member or as a
resident representative with the rank of ambassador or minister
plenipotentiary,
(2) such resident members of their staffs as may be agreed upon
between the Secretary-General, the Government of the United States
and the Government of the Member concerned,
(3) evei7 person designated by a Member of a specialized agency
as defined in Article 57, paragraph 2, of the Charter, as its principal
resident representative, with the rank of ambassador or minister
pplenipotentiary, at the headquarters of such agency in the United
States, and
(4) such other principal resident representatives of members to
a specialized agency and such resident members of the staffs of repre-
sentatives to a specialized agency as may be agreed upon between the
principal executive officer of the specialized agency, the Government
of the United States and the Government of the Member concerned,
shall, whether residing inside or outside the headquarters district,
be entitled in the territory of the United States to the same privileges
and immunities, subject to corresponding conditions and obligations
as it accords to diplomatic envoys accredited to it. In the case of
Members whose governments are not recognized by the United States,
such privileges and immunities need be extended to such representa-
tives, or persons on the staffs of such representatives, only within the
headquarters district, at their residences and offices outside the
district, in transit between the district and such residences and offices,,
and in transit on official business to or from foreign countries.
ARTICLE VI-POLICE PROTECTION OF THE HEADQUARTERS DISTRICT
(a) They appropriate American authorities shall exercise due dili-
gence to ensure that the tranquility of the headquarters district is
not disturbed by the unauthorized entry of groups of persons from
outside or by disturbances in its immediate vicinity and shall cause
to be provided on the boundaries of the headquarters district such
police protection as is required for these purposes.
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(b) If so requested b the Secretary-General, the appropriate
American authorities shall provide a sufficient number of police for
the preservation of law and order in the headquarters district, and
for the removal therefrom of persons as requested under the authority
of the United Nations. The United Nations shall, if requested, enter
into arrangements with the appropriate American authorities to
reimburse them for the reasonable cost of such services.
ARTICLE VII-PUBLIC SERVICES AND PROTECTION OF THE
HEADQUARTERS DISTRICT
(a) The appropriate American authorities will exercise to the
extent requested by the Secretary-General the powers which they
possess with respect to the supplying of public services to ensure that
the headquarters district shall be supplied on equitable terms with
the necessary public services, including electricity water, gas, post,
telephone, telegraph, transportation, drainage, collection of refuse,
fire protection, snow removal, et cetera. In case of any interruption or
threatened interruption of any such services, the appropriate Ameri-
can authorities will consider the needs of the United Nations as being
of equal importance with the similar needs of essential agencies of
the Government of the United States, and will take steps accordingly,
to ensure that the work of the United Nations is not prejudiced.
(b) Special provisions with reference to maintenance of utilities
and underground construction are contained in Annex 2.
The appropriate American authorities shall take all reasonable steps
to ensure that the amenities of the headquarters district are not preju-
diced and the purposes for which the district is required are not
obstructed by any use made of the land in the vicinity of the district.
The United Nations shall on its part take all reasonable steps to ensure
that the amenities of the land in the vicinity of the headquarters
district are not prejudiced by any use made of the land in the head-
quarters district by the United Nations.
It is agreed that no form of racial or religious discrimination shall
be permitted within the headquarters district.
ARTICLE VIII-MATTERS RELATING TO THE OPERATION of THIS
AGREEMENT
SECTION 20
The Secretary-General and the appropriate American authorities
shall settle by agreement the channels through which they will com-
municate regarding the application of the provisions of this agreement
and other questions affecting the headquarters district, and may enter
into such supplemental agreements as may be necessary to fulfill the
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LEGISLATION ON FOREIGN RELATIONS 259
purposes of this agreement. In making supplemental agreements with
the Secretary-General, the United States shall consult with the appro-
priate state and local authorities. If the Secretary-General so requests,
the Secretary of State of the United States shall appoint a special
representative for the purpose of liaison with the Secretary-General.
(a) Any dispute between the United Nations and the United
States concerning the interpretation or application of this agreement
or of any supplemental agreement, which is not settled by negotiation
or other agreed mode of settlement, shall be referred for final decision
to a tribunal of three arbitrators, one to be named by the Secretary-
General, one to be named by the Secretary of State of the United
States, and the third to be chosen by the two, or, if they should fail
to agree upon a third, then by the President of the International
Court of Justice.
(b) The Secretary-General or the United States may ask the Gen-
eral Assembly to request of the International Court of Justice an
advisory opinion on any legal question arising in the course of such
proceedings. Pending the receipt of the opinion of the Court, an
interim decision of the arbitral tribunal shall be observed on both
parties. Thereafter, the arbitral tribunal shall render a final decision,
having regard to the opinion of the Court.
(a) The United Nations shall not dispose of all or any part of
the land owned by it in the headquarters district without the consent
of the United States. If the United States is unwilling to consent
to a disposition which the United Nations wishes to make of all or
any part of such land, the United States shall buy the same from
the United Nations at a price to be determined as provided in para-
graph (d) of this section.
(b) If the seat of the United Nations is removed from the head-
quarters district, all right, title and interest of the United Nations
in and to real property. in the headquarters district or any part of
it shall, on request of either the United Nations or the United States,
be assigned and conveyed to the United States. In the absence of
such request, the same shall be assigned and conveyed to the sub-
division of a state in which it is located or, if such subdivision shall
not desire it, then to the state in which it is located. If none of the
foregoing desires the same, it may be disposed of as provided in
paragra h (a) of this section.
(c) If the United Nations disposes of all or any part of the head-
quarters district, the provisions of other sections of this agreement
which apply to the headquarters district shall immediately cease to
ap ly to the land and buildings so disposed of.
(d) The price to be paid for any conveyance under this section shall,
in default of agreement, be the then fair value of the land, build-
ings and installations, to be determined under the procedure provided
in Section 21.
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260 LEGISLATION ON FOREIGN RELATIONS
SECTION 2 8
The seat of the United Nations shall not be removed from the head-
quarters district unless the United Nations should so decide.
SECTION 24
This agreement shall cease to be in force if the seat of the United
Nations is removed from the territory of the United States, except
for such provisions as may be applicable in connection with the
orderly termination of the operations of the United Nations at its
seat in the United States and the disposition of its property therein.
SECTION 26
Whenever this agreement imposes obligations on the appropriate
American authorities, the Government of the United States shall have
the ultimate responsibility for the fulfillment of such obligations by
the appropriate American authorities.
SECTION 26
The provisions of this agreement shall be complementary to the
provisions of the General Convention. In so far as any provision of
this agreement and any provisions of the General Convention relate
to the same subject matter, the two provisions shall, wherever possible,
be treated as complementary, so that both provisions shall be appli-
cable and neither shall narrow the effect of the other; but in any case
of absolute conflict, the provisions of this agreement shall prevail.
SECTION 27
This agreement shall be construed in the light of its primary pur-
pose to enable the United Nations at its headquarters in the United
States, fully and efficiently to discharge its responsibilities and fulfill
its purposes.
SECTION 28
This agreement shall be brought into effect by an exchange of notes
between the Secretary-General, duly authorized pursuant to a resolu-
tion of the General Assembly of the United Nations, and the appro-
priate executive officer of the United States, duly authorized pursuant
to appropriate action of the Congress.
IN WITNESS WHEREOF the respective representatives have signed
this Agreement and have affixed their seals hereto.
DONE in duplicate, in the English and French languages, both
authentic, at Lake Success the twenty-sixth day of June 1947.
For the Government of the United States of America :
G. C. MARSHALL
Secretary of State
For the United Nations :
TRYavE LIE
Secretary-General
ANN= 1
The area referred to in Section 1 (a) (1 consists of (a) the premises
bounded on the East by the westerly side of Franklin D. Roosevelt
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Drive, on the West by the easterly side of First Avenue, on the North
b the southerly side of East Forty-eighth Street, and on the South by
the northerly side of East Forty-second Street, all as proposed to be
widened, in the Borough of Manhattan City and State of New York,
and (b) an easement over Franklin D. Iloosevelt Drive, above a lower
limiting plane to be fixed for the construction and maintenance of an
esplanade, together with the structures thereon and foundations and
columns to support the same in locations below such limiting plane, the
entire area to be more definitely defined by supplemental agreement
between the United Nations and the United States of America.
ANNEx 2-MAINTENANCE OF UTILITIES AND UNDERGROUND
CONSTRUCTION
The Secretary-General agrees to provide passes to duly authorized
employees of The City of New York, the State of New York, or any
of their agencies or subdivisions, for the purpose of enabling them to
inspect, repair, maintain, reconstruct and relocate utilities, conduits,
mains and sewers within the headquarters district.
Underground constructions may be undertaken by The City of New
York, or the State of New York or any of their agencies or sub-
divisions, within the headquarters district only after consultation with
the Secretary-General, and under conditions which shall not disturb
the carrying out of the functions of the United Nations.
SEC. 2. For the purpose of carrying out the obligations of the United
States under said agreement and supplemental agreements with re-
spect to United States assurances that the United Nations shall not
be dispossessed of its property in the headquarters district, and with
respect to the establishment of radio facilities and the possible estab-
lishment of an airport :
(a) The President of the United States, or any official or govern-
mental agency authorized by the President, may acquire in the name
of the United States any property or interest therein by purchase,
donation, or other means of transfer, or may cause proceedings to be
instituted for the acquisition of the same by condemnation.
(b) Upon the request of the President, or such officer as the Presi-
dent may designate, the Attorney General of the United States shall
cause such condemnation or other proceedings to be instituted in the
name of the United States in the district court of the United States for
the district in which the property is situated and such court shall have
full jurisdiction of such proceedings, and any condemnation proceed-
ings shall be conducted in accordance with the Act of August 1, 1888
(25. Stat. 357), as amended, and the Act of February 26, 1931 (46 Stat.
1421), as amended.
(c) After the institution of any such condemnation procedings,
possession of the property may be taken at any time the President, or
such officer as he may designate, determines is necessary, and the court
shall enter such orders as may be necessary to effect entry and
occupancy of the property.
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62 LEGISLATION ON FOREIGN RELATIONS
(d) The President of the United States, or any officer or govern-
tuental agency duly authorized by the President, may, in the name
of the United States, transfer or convey possession of and title to any
interest in any property acquired or held by the United States, pur-
suant to paragraph (a) above, to the United Nations on the terms pro-
vided in the agreement or in any supplemental agreement, and shall
execute and deliver such conveyances and other instruments and
perform such other acts in connection therewith as may be necessary
to carry out the provisions of the agreement.
(e) There are authorized to be appropriated, out of any money in
the Treasury not otherwise appropriated, such sums as may be
required to enable the United States to carry out the undertakings
hereby authorized : Provided, That any money appropriated under this
authorization shall be spent only on a basis of reimbursement by the
United Nations in accordance with section 3 of the agreement, and
that the money thus reimbursed shall be deposited and covered into
the Treasury of the United States as miscellaneous receipts.
SEC. 3. The President, or the Secretary of State under his direction,
is authorized to enter into agreements with the State of New York or
any other State of the United States and to the extent not incon-
sistent with State law, with any one or more of the political subdivi-
sions thereof in aid of effectuating the provisions of the agreement.
SEC. 4. Any States, or, to the extent not inconsistent with State law,
any political subdivisions thereof, affected by the establishment of the
headquarters of the United Nations in the United States are authorized
to enter into agreements with the United Nations or with each other
consistent with the agreement and for the purpose of facilitating com-
pliance with the same : Provided, That, except in cases of emergency
and agreements of a routine contractual character, a representative of
the United States, to be appointed by the Secretary of State, may,
at the discretion of the Secretary of State, participate in the negotia-
tions, and that any such agreement entered into by such State or Mates
or political subdivisions thereof shall be subject to approval by the
Secretary of State.
SEC. 5. The President is authorized to make effective with respect
to the temporary headquarters of the United Nations in the State of
New York, on a provisional basis, such of the provisions of the agree-
ment as he may deem appropriate, having due regard for the needs
of the United Nations at its temporary headquarters.
SEC. 6. Nothing in the agreement shall be construed as in any way
diminishing, abridging, or weakening the right of the United States
to safeguard its own security and completely to control the entrance of
aliens into any territory of the United States other than the head-
quarters district and its immediate vicinity, as to be defined and fixed
in a supplementary agreement between the Government of the United
States and the United Nations in pursuance of section 13 (3) (e) of
the agreement, and such areas as it is reasonably necessary to traverse
in transit between the same and foreign countries.. Moreover, nothing
in section 14 of the agreement with respect to facilitating entrance
into the United States by persons who wish to visit the headquarters
district and do not enjoy the right of entry provided in section 11 of
the agreement shall be construed to amend or suspend in any way the
immigration laws of the United States or to commit the United States
in any way to effect any amendment or suspension of such laws.
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F. OTHER LEGISLATION AND DOCUMENTS
1. 1954 Amendment to the Merchant Marine Act of 1936
Text of Public Law 664, 83d Congress [S. 3233], 68 Stat. 832, approved August 26,
1954
AN ACT To amend the Merchant Marine Act, 1936, to provide permanent legis-
lation for the transportation of a substantial portion of waterborne cargoes
in United States-flag vessels.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 901 of
the Merchant Marine Act, 1936, as amended 1 is hereby amended by
inserting "(a)" after "Sic. 901." and by adding at the end of the
section the following new subsection :
"(b) Whenever the United States shall procure, contract for, or
otherwise obtain for its own account, or shall furnish to or for the
account of any foreign nation without provision for reimbursement,
any equipment, materials, or commodities, within or without the
United States, or shall advance funds or credits or guarantee the
convertibility of foreign currencies in connection with the furnishing
of such equipment, materials, or commodities, the appropriate agency
or agencies shall take such steps as may be necessary and practicable
to assure that at least 50 per centum of the gross tonnage of such
equipment, materials, or commodities (computed separately for dry
bulk carriers, dry cargo liners, and tankers) which may be trans-.
ported on ocean vessels shall be transported on privately owned United
States-flag commercial vessels, to the extent such vessels are available
at fair and reasonable rates for United States-flag commercial ves-
sels, in such manner as will insure a fair and reasonable participation
of United States-flag commercial vessels in such cargoes by geographic
areas : Provided, That. the provisions of this subsection may be waived
whenever the Congress by concurrent resolution or otherwise, or the
President of the United States or the Secretary. of Defense declares
that an emergency exists justifying a temporary waiver of the provi-
sions of section 901 (b) and so notifies the appropriate agency or
agencies : And provided further, That the. provisions of this subsec-
tion shall not apply to cargoes carried in the vessels of the Panama
Canal Company. Nothing herein shall repeal or otherwise modify
the provisions of Public Resolution Numbered 17, Seventy-third Con-
gress (48. Stat. 500) 2 as amended." 9
t46U.S.C.?1241.
215 U. S. C.i?616a.
8 Sec. 3, Public Law 962, 84th Cong. [S. 3903], 70 Stat. 988, approved August 3, 1956,
reads as follows :
"Sales of fresh fruit and the products thereof under title I of the Act shall be exempt
from the requirements of the cargo preference laws (Public Resolution 17, Seventy-third
Congress (15 U. S. C. 616a) and section 901 (b) of the Merchant Marine Act, 1936 (46
U. S. C. 1241 (b) )."
263
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2. Loan of Vessels to Friendly Foreign Countries
Text of Public Law 85-532, 85th Congress [S. 3506], 72 Stat. 376, approved
July 18, 1958
AN ACT To authorize the transfer of naval vessels to friendly foreign countries.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, notwith-
standing section 7307 of title 10, United States Code,' or any other
law, the President may extend the loan 2 of one aircraft carrier to the
Government of France until June 30, 1960, and may in addition lend
or otherwise make available to friendly foreign nations, from the
reserve fleet, on such terms and under such conditions as he deems
appropriate, destroyers, destroyer escorts, and submarines, as follows :
(1) North Atlantic Treaty Organization and European Area (the
~i ederal Republic of Germany, Greece, Italy, Norway, Spain and
Turkey) not to exceed nineteen ships; (2) Latin American area
(Argentina, Brazil, Chile, Colombia, Cuba, Ecuador, Peru and Uru-
guay) not to exceed eighteen ships; (3) far eastern area (Japan,
Taiwan, and Thailand) not to exceed four ships; and (4) a pool of
not to exceed two such ships to be loaned to friendly nations in an
emergency. The President may promulgate such rules and regula-
tions as he deems necessary to carry out the provisions of this Act.
SEC. 2. Loans under this Act shall be for periods not exceeding five
years. All loans shall be made on the condition that they may be
terminated at an earlier date if necessitated by the defense require-
ments of the United States.
SEC. 3. All expenses involved in the activation, rehabilitation, and
outfitting, including repairs, alterations, and logistic support, of ves-
sels transferred under this Act shall be charged to funds programed
for the recipient government under the Mutual Security Act of 1954,
as amended,3 or to funds provided by the recipient government under
the reimbursable provisions of that Act 4 In the event that a loan
is terminated by the United States prior to the expiration of the loan
period, the Secretary of Defense may reimburse the recipient govern-
ment on a pro rata basis for funds provided by it under the reim-
bursable provisions of the Mutual Security Act of 1954, as amended,
in connection with the loan.
SEC. 4. No vessel may be made available under this Act unless the
Secretary of Defense, after consultation with the Joint Chiefs of
Staff, determines that its transfer is in the best interests of the United
States. The Secretary of Defense shall keep the Congress currently
advised of all transfers under this Act.
SEC. 5. The authority of the President to transfer naval vessels
under this Act terminates on December 31,1960.
' 10 U. S. C. 7307 provides :
"(a) Notwithstanding any other provision of law, no battleship, aircraft carrier, cruiser,
destroyer, or submarine of the Navy may be sold, transferred, or otherwise disposed of,
unless the Chief of Naval Operations certifies that it is not essential to the defense of the
United States.
(b) Without authority from Congress granted after March 10, 1951, no battleship,
aircraft carrier, cruiser, destroyer, or submarine that has not been stricken from the Naval
Vessel Register under section 7304 of this title, nor any interest of the United States in
such a vessel, may be sold, transferred, or otherwise disposed of under any law."
' See note relating to Public Law 188, 83d Congress [S. 2277], page 265.
' For text, see page 1.
4 See sec. 522 (c), Mutual Security Act of 1954, as amended, pages 44-45.
264
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LEGISLATION ON FOREIGN RELATIONS LL
LOAN OF VESSELS TO ITALY, FRANCE, AND NATIONS IN
THE FAR EASTERN OR EUROPEAN AREAS
NOTE.-Public Law 188, 83d Congress, 67 Stat. 363, approved
August 5, 1953, as amended by Public Law 168, 84th Congress,
69 Stat. 373, approved July 26,1955, and Public Law 948, 84th
Congress, 70 Stat. 967, approved August 3, 1956, authorized
the President : (1) to lend two submarines to the Government
of Italy for a period of not more than five years; (2) to lend
a small aircraft carrier to the Government of France until
June ?30, 1958; and (3) prior to December 31, 1957, to lend
twenty-five naval vessels, not larger than the destroyer type,
to friendly nations in the Far Eastern or European area. It
also provided that all expenses involved in the activation and
repair of the vessels "shall be charged to funds programmed
for the recipient Governments under the Mutual Security Act
of 1954, as amended, or provided by the recipient Governments
under reimbursable provisions of such Act. recipient
SUBMARINES-LOAN TO GOVERNMENT OF BRAZIL
NoTE.-Public Law 484, 84th Congress, 70 Stat. 105, ap-
proved April 6,1956, authorized the loan of two submarines to
the Government of Brazil. It reads as follows :
"The President is authorized to lend two submarines to the
Government of Brazil for a period of not more than five years
and may in his discretion, extend the loan for an additional
period of not more than five years. The President shall, prior
to the delivery of the submarines to the Government of Brazil,
conclude an K11 eement with the Government providing for
the return of submarines in accordance with the provisions
of this Act and in substantially the same condition as when
loaned. All expenses involved in the activation of the sub-
marines, including repairs, alterations, outfitting, and logistic
support shall be charged to funds programmed for the
Brazilian Government under the Mutual 'ecurity Act."
TRANSFER OF VESSELS TO VENEZUELA AND
THE NETHERLANDS
NOTE.-Public Law 220, 85th Congress, 71 Stat. 495, ap-
proved August 29,1957, authorized the sale of three destroyers
and one submarine to the Government of Venezuela and the
extension of the loan of two submarines to the Government of
the Netherlands for a period not to exceed five years. It also
provides that all expenses involved in the activation and repair
of vessels transferred under this Act shall be charged to funds
"programmed for the recipient government under the Mutual
Security Act of 1954, as amended, or to funds provided by
the recipient government under the reimbursable provisions
of that Act."
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3. Legislative Reorganization Act of 1946, as amended
Text of Public Law 601, 79th Congress [S. 2177], approved August 2, 1946
AN ACT To provide for increased efficiency in the legislative branch of the
Government.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That (a) this Act, divided into titles and sections according to the
following table of contents, may be cited as the "Legislative Reor-
ganization Act of 1946":
TABLE OF CONTENTS
TITLE I-CHANGES IN RULES OF SENATE AND HOUSE
Sec. 101. Rule-making power of the Senate and the House.
PART 1-STANDING RULES OF THE SENATE
Sec. 102. Standing committees of the Senate.
Committee on Agriculture and Forestry.
Committeeon Appropriations.
Committee on Armed Services.
Committee on Banking and Currency.
Committee on Post Office and Civil Service [formerly Civil Service].
Committee on the District of Columbia.
Committee on Government Operations [formerly Expenditures in
the Executive Departments].
Committee on Finance.
Committee on Foreign Relations.
Committee on Interstate and Foreign Commerce.
Committee on the Judiciary.
Committee on Labor and Public Welfare.
Committee on Interior and Insular Affairs [formerly Public Lands].
Committee on Public Works.
Committee on Rules and Administration.
Committee on Astronautical and Space Sciences.
Sec. 103. Appropriations.
PART 2-RULES OF THE HOUSE OF REPRESENTATIVES
Sec. 121. Standing committees of the House of Representatives.
Committee on Agriculture.
Committee on Appropriations.
Committee on Armed Services.
Committee on Banking and Currency.
Committee on the District of Columbia.
Committee on Education and Labor.
Committee on Foreign Affairs.
Committee on Government Operations [formerly Expenditures in
the Executive Departments].
Committee on House Administration.
Committee on Interior and Insular Affairs [formerly Public Lands].
Committee on Interstate and Foreign Commerce.
266
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Committee on the Judiciary.
Committee on Merchant Marine and Fisheries.
Committee on Post Office and Civil Service.
Committee on Public Works.
Committee on Rules.
Committee on Science and Astronautics.
Committee on Un-American Activities.
Committee on Veterans' Affairs.
Committee on Ways and Means.
Sec. 122. Delegates and Resident Commissioner.
Sec. 123. Reference of Private Claims Bills.
Sec. 131. Private bills banned..
Sec. 132. Congressional adjournment.
Sec. 133. Committee procedure.
Sec. 134. Committee powers.
Sec. 135. Conference rules on amendments in nature of substitute.
Sec. 136. Legislative oversight by standing committees.
Sec. 137. Decisions on questions of committee jurisdiction.
Sec. 138. Legislative Budget.
Sec. 139. Hearings and reports by Appropriations Committees.
Sec. 140. Records of Congress.
Sec. 141. Preservation of committee hearings.
Sec. 142. Effective date.
Sec. 201. Increase in compensation for certain Congressional officers.
Sec. 202. Committee staffs.
Sec. 203. Legislative Reference Service.
Sec. 204. Office of the Legislative Counsel.
Sec. 205. Studies by Comptroller General.
Sec. 206. Expenditure analyses by Comptroller General.
Sec. 207. Correction of Military and Naval Records.
PART 2-STATUTORY PROVISIONS RELATING TO COMMITTEES OF CONGRESS
Sec. 221. Improvement of Congressional Record.
Sec. 222. Joint Committee on Printing.
Sec. 223. Joint Committee on the Library.
Sec. 224. Transfer of functions.
Sec. 225. Joint Committee on the Economic Report.
Sec. 226. Economic Report of the President.
Sec. 241. Remodeling of caucus rooms and restaurants.
Sec. 242. Assignment of Capitol space.
Sec. 243. Senate and House pages.
Sec. 244. Authorization of appropriations and personnel.
Sec. 245. Effective date.
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Detailed accounts of contributions.
Sec. 304. Receipts for contributions.
Sec. 305. Statements to be filed with Clerk of House.
Sec. 306. Statement preserved for two years.
Sec. 307. Persons to whom applicable.
Sec. 308. Registration with Secretary of the Senate and Clerk of the House.
Sec. 309. Reports and statements to be made under oath.
Sec. 310. Penalties.
Sec. 311. Exemption.
33641-59--18
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TITLE IV-FEDERAL TORT CLAIMS ACT
[Omitted]
TITLE V-GENERAL BRIDGE AcT
[omitted]
TITLE VI-COMPENSATION AND RETIREMENT PAT OF MEMBERS or CONGRESS
See. 001. Compensation of Members of Congress.
Sec. 602. Retirement pay of Members of Congress.
(b) If any provision of this Act or the application thereof to any
person or circumstances is held invalid, the validity of the remainder
of the Act and of the application of such provision to other persons
and circumstances shall not be affected thereby.
TITLE I-CHANGES IN RULES OF SENATE AND HOUSE
SEC. 101. The following sections of this title are enacted by the
Con ess :
(a)As an exercise of the rule-making power of the Senate and the
House of Representatives, respectively, and as such they shall be con-
sidered as part of the rules of each House, respectively, or of that
House to which they specifically apply; and such rules shall supersede
other rules only to the extent that they are inconsistent therewith; and
(b) With full reco nition of the constitutional right of either House
to change such rules (so far as relating to the procedure in such House)
at any time, in the same manner and to the same extent as in the case
of any other rule of such House.
SEC. 102. Rule XXV of the Standing Rules of the Senate is amend-
ed to read as follows :
i The Select Committee on SmallBusiness was created on February 20, 1950, by S. Res.
58, 81st Cong. It is authorized "* * * to study and survey by means of research and
investigation all problems of American small business enterprises and to obtain all facts
possible in relation thereto which would * * * aid the Congress in enacting remedial legis-
lation, and to report to the Senate from time to time the results of such studies and sur-
veys." It has no authority to receive or report legislation.
The Joint Committee on Atomic Energy was created by the act of August 1, 1940
(Public Law 585, 79th Cong.). It is composed of 9 Members of the Senate, appointed
by the 'President of the Senate, and 9 Members of the House, appointed by te speaker.
It Is authorized to "make continuing studies of the activities of the Atomic Energy Commis-
sion and of problems relating to the development, use, or control of atomic energy * * *11
and to make recommendations to their respective Houses from time to time. S. Res. 83,
80th Cong., vested in the Senate members of the joint committee the same "powers and
authority in connection with the holding of hearings and the conduct of investigations
and reporting to the Senate thereon with reference to appointments under * * * Public
Law 585, 79th Cong., that require tie advice and consent of the Senate, as are possessed
bthe standing committees of the Senate in other matters requiring the advice and consent
of the Senate.'
Although these committees are not standing committees, they are noted here because
they are vested with some of the powers of standing committees.
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LE ISLATION ON FOREIGN RELATIONS 269
"RULE XXV
"STANDING COMMITTEES
"(1) The following standing committees shall be appointed at the
commencement, of each Congress, with leave to report by bill or other,
wise :
"(a) Committee on Agriculture and Forestry, to consist of
fifteen 2 Senators, to which committee shall be referred all proposed
legislation, messages, petitions, memorials, and other matters relating
to the following subjects :
"1. Agriculture generally.
"2. Inspection of livestock and meat products.
"3. Animal industry and diseases of animals.
"4. Adulteration of seeds, insect pests, and protection of birds and
animals in forest reserves.
"5. Agricultural colleges and experiment stations.
"6. Forestry in general, and forest reserves other than those created
from the public domain.
"7. Agricultural economics and research.
"8. Agricultural and industrial chemistry.
9. Dairy industry.
"10. Entomology and plant quarantine.
"11. Human nutrition and home economics.
"12. Plant industry, soils, and agricultural engineering.
"13. Agricultural educational extension services.
"14. Extension of farm credit and farm security.
"15. Rural electrification.
"16. Agricultural production and marketing and stabilization of
prices of agricultural products.
"17. Crop insurance and soil conservation.
"(b) Committee on Appropriations, to consist of twenty-three'
Senators, to which committee shall be referred all proposed legisla-
tion, messages, Editions, memorials, and other matters relating to
the following subjects :
"1. Appropriation of the revenue for the support of the Govern-
ment.
"(c) Committee on Armed Services, to consist of fifteen 4 Senators,
to which committee shall be referred all proposed legislation, mes-
sages, petitions, memorials, and other matters relating to the follow-
ino subjects :
`1. Common defense generally.
"2. The Department of the Army and the Department of Defense
generally 5
"3. The Department of the Navy and the Department of the Air
Force.5
'14. Soldiers' and sailors' homes.
"5. Pay, promotion retirement, and other benefits and privileges of
memberof the armed forces.
a Number increased from "twenty one" by S. Res18, 83d . 18, 83dnCong.
Number increased from "thirteen" by S. Res. 18, 83d Cong.
e Public Law 253, 80th Congress, changed the name "War Department" to "Department
of the Army," and the term 'Military E stablishment" to "National Military Establish-
ment," which includes the Departments of the Army, Navy, and Air Force. Public Law
216, 81st Congress, established the Department of Defense as successor to the National
Military Establishment.
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270 LEGISLATION ON FOREIGN RELATIONS
"6. Selective service.
"7. Size and composition of the Army and Navy.
"8. Forts, arsenals, military reservations, and navy yards.
"9. Ammunition depots.
"10. Maintenance and operation of the Panama Canal, including
the administration, sanitation, and government of the Canal Zone.
"11. Conservation, development, and use of naval petroleum and
oil shale reserves.
"12. Strategic and critical materials necessary for the common
defense.
"135? Aeronautical and space activities peculiar to or primarily asso-
ciated with the development of weapons systems or military operations.
"(d) Committee on Banking and Currency, to consist of fifteen 8
Senators, to which committee shall be referred all proposed legisla-
tion, messages, petitions, memorials, and other matters relating to the
following subjects:
"1. Banking and currency generally.
"2. Financial aid to commerce and industry, other than matters
relating to such aid which are specifically assigned to other com-
mittees under this rule.
"3. Deposit insurance.
"4. Public and private housing.
"5. Federal Reserve System.
"6. Gold and silver, including the coinage thereof.
"7. Issuance of notes and redemption thereof.
"8. Valuation and revaluation of the dollar.
"9. Control of prices of commodities, rents, or services.
"(e) Committee on Post Office and Civil Service," to consist of
thirteen 8 Senators, to which committee shall be referred all proposed
legislation, messages, petitions, memorials, and other matters relat-
ing to the following subjects :
`1. The Federal civil service generally.
"2. The status of officers and employees of the United States, includ-
ing their compensation, classification, and retirement.
`3. The postal service generally, including the railway mail service,
and measures relating to ocean mail and pneumatic-tube service; but
excluding post roads.
"4. Postal-savings banks.
"5. Census and the collection of statistics generally.
"6. The National Archives.
"(f) Committee on the District of Columbia, to consist of nine 9
Senators, to which committee shall be referred all proposed legisla-
tion, messages, petitions, memorials, and other matters relating to the
following subjects :
"1. All measures relating to the municipal affairs of the District of
Columbia in general, other than appropriations therefor, including-
"2. Public health and safety, sanitation, and quarantine regula-
tions.
"3. Regulation of sale of intoxicating liquors.
"4. Adulteration of food and drugs.
"5. Taxes and tax sales.
Added by S. Res. 327, 85th Congress.
Number increased from "thirteen" by S. Res. 18, 83d, Congress.
' Name changed from "Committee on Civil Service" by S. Res. 99, 80th Congress.
s Number changed from "eleven" to "thirteen" for the 85th Congress, by S. Res. 27, 85th
Congress.
Number reduced from "thirteen" by S. Rea, 18, 83d Congress.
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LEGISLATION ON FOREIGN RELA
"6. Insurance, executors, administrators, wills, and divorce.
"7. Municipal and juvenile courts.
"8. Incorporation and organization of societies.
"9. Municipal code and amendments to the criminal and corpora-
tion laws.
"(g) (1) Committee on Government Operations," to consist of
thirteen Senators, to which committee shall be referred all proposed
legislation, messages, petitions, memorials, and other matters relating
to the following subjects :
"(A) Budget and accounting measures, other than appropria-
tions.
"(B) Reorganizations in the executive branch of the Govern-
ment.
"(2) Such committee shall have the duty of-
"(A) receiving and examining reports of the Comptroller Gen-
eral of the United States and of submitting such recommendations
to the Senate as it deems necessary or desirable in connection
with the subject matter of such reports;
"(B) studying the operation of 'Government activities at all
levels with a view to determining its economy and efficiency;
"(C) evaluating the effects of laws enacted to reorganize the
legislative and executive branches of the Government;
'(D) studying intergovernmental relationships between the
United States and the States and municipalities, and between the
United States and international organizations of which the United
States is a member.
"(h) Committee on Finance, to consist of fifteen 11 Senators, to
which committee shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating to the following
subjects :
"1. Revenue measures generally.
"2. The bonded debt of the United States.
"3. The deposit of public moneys.
"4. Customs, collection districts, and ports of entry and delivery.
"5. Reciprocal trade agreements.
"6. Transportation of dutiable goods.
"7. Revenue measures relating to the insular possessions.
"8. Tariffs and import quotas, and matters related thereto.
"9. National social security.
"10. Veterans' measures generally.
"11. Pensions of all the wars of the United States, general and
special.
"12. Life insurance issued by the Government on account of service
in the armed forces.
"13. Compensation of veterans.
"(i) Committee on Foreign Relations, to consist of fifteen 12 Sena-
tors, to which committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating to the
following subjects:
"1. Relations of the United States with foreign nations generally.
"2. Treaties.
10 Name changed from "Committee on Expenditures in the Government Departments" by
111 R Number s82d ongrpss.
ed from 'Ifrom "thirteen" by S. Res. 18. Rid Congress.
72 Number increased from "thirteen" by S. Res. 18, 83d Congress.
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"3. Establishment of boundary lines between the United States and
foreign nations.
"4. Protection of American citizens abroad and expatriation.
"5. Neutrality.
"6. International conferences and congresses.
"7. The American National Red Cross.
"8. Intervention abroad and declarations of war.
"9. Measures relating to the diplomatic service.
"10. Acquisition of land and buildings for embassies and legations
in foreign countries.
"11. Measures to foster commercial intercourse with foreign nations
and to safeguard American business interests abroad.
"12. United Nations Organization and international financial and
monetary organizations.
"13. Foreign loans.
"(') Committee on Interstate and Foreign Commerce, to consist
of fifteen 11 Senators, to which committee shall be referred all proposed
legislation, messages, petitions, memorials, and other matters relating
to the following subjects :
"1. Interstate and foreign commerce generally.
"2. Regulation of interstate railroads, busses, trucks, and pipelines.
"3. Communication by telephone, telegraph, radio, and television.
"4. Civil aeronautics,14 except aeronautical and space activities of
the National Aeronautics and Space Administration.
"5. Merchant marine generally.
" 6 Registering and licensing of vessels and small boats.
"7. Navigation and the laws relating thereto, including pilotage.
"8. Rules and international arrangements to prevent collisions at
sea.
"9. Merchant marine officers and seamen.
"10. Measures relating to the regulation of common carriers by water
and to the inspection of merchant marine vessels, lights and signals,
life-saving equipment, and fire protection on such vessels.
"11. Coast and Geodetic Survey.
"12. The Coast Guard, including life-saving service, lighthouses,
lightships, and ocean derelicts.
"13. The United States Coast Guard and Merchant Marine
Academies.
"14. Weather Bureau.
"15. Except as provided in paragraph (c), the Panama Canal and
interoceanic canals generally.
"16. Inland waterways.
"17. Fisheries and wildlife, including research, restoration, refuges,
and conservation.
"18. Bureau of Standards including standardization of weights and
measures and the metric system.
"(k) Committee on the Judiciary, to consist of fifteen 18 Senators,
to which committee shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating to the following
subjects :
"1. Judicial proceedings, civil and criminal, generally.
"2. Constitutional amendments.
"Number increased from "thirteen" by S. Res. 18, 83d Congress.
14 Clause after "Civil aeronautics," added by S. Res. 3276 85tb Congress.
u Number increased from "thirteen" by S. Res. 18, 83d ongress.
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"3. Federal courts and judges.
"4. Local courts in the Territories and possessions.
"5. Revision and codification of the statutes of the United States.
"6. National penitentiaries.
"7. Protection of trade and commerce against unlawful restraints
and monopolies.
"8. Holidays and celebrations.
"9. Bankruptcy, mutiny, espionage, and counterfeiting.
"10. State and Territorial boundary lines.
"11. Meetings of Congress, attendance of Members, and their ac-
ceptance of incompatible offices.
`12. Civil liberties.
"13. Patents, copyrights, and trademarks.
"14. Patent Office.
"15. Immigration and naturalization.
"16. Apportionment of Representatives.
"17. Measures relating to claims against the United States.
"18. Interstate compacts generally .
"(1) Committee on Labor and Public Welfare, to consist of
thirteen Senators, to which committee shall be referred all proposed
legislation, messages, petitions, memorials, and other matters relating
to the following subjects:
"1. Measures relating to education, labor, or public welfare gen-
erally.
"2. Mediation and arbitration of labor disputes.
"3. Wages and hours of labor.
"4. Convict labor and the entry of goods made by convicts into
interstate commerce.
"5. Regulation or prevention of importation of foreign laborers
under contract.
"6. Child labor.
"7. Labor statistics.
"8. Labor standards.
"9. School-lunch program.
"10. Vocational rehabilitation.
"11. Railroad labor and railroad retirement and unemployment,
except revenue measures relating thereto.
"12. United States Employees' Compensation Commission.
"13. Columbia Institution for the Deaf Dumb and Blind; Howard
University; Freedmen's Hospital; and ~aint Elizabeths Hospital.
"14. Public health and quarantine.
"15. Welfare of miners.
"16. Vocational rehabilitation and education of veterans.
'17. Veterans' hospitals, medical care and treatment of veterans.
'18. Soldiers' and Sailors' civil relief.
"19. Readjustment of servicemen to civil life.
"(m) Committee on Interior and Insular Affairs,1s to consist of
fifteen 17 Senators, to which committee shall be referred all proposed
legislation, messages, petitions, memorials, and other matters relat-
ing to the following subjects :
`1. Public lands generally, including entry, easements, and grazing
thereon.
ae Name changed from "Committee on Public Lands" by S. Res. 179, 80th Congress.
IT Number increased from "thirteen" by S. Res. 18, 88d Congress.
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 Ap "ved For R eb 004 5/13 : CI -RD 009658000300010002-5 FOREIGN LATIONS
"2. Mineral resources of the public lands.
"3. Forfeiture of land grants and alien ownership, including alien
ownership of mineral lands.
"4. Forest reserves and national parks created from the public
domain.
"5. Military parks and battlefields, and national cemeteries.
"6. Preservation of prehistoric ruins and objects of interest on the
public domain.
"7. Measures relating generally to Hawaii, Alaska, and the insular
possessions of the United States, except those affecting their revenue
and ap ropriations.
"8. Irrigation and reclamation, including water supply for reclama-
tion projects, and easements of public lands for irrigation projects.
"9. Interstate compacts relating to apportionment of waters for
irrigation purposes.
"10. Mining interests generally.
"11. Mineral land laws and claims and entries thereunder.
"12. Geological survey.
"13. Mining schools and experimental stations.
"14. Petroleum conservation and conservation of the radium supply
in the United States.
"15. Relations of the United States with the Indians and the Indian
tribes.
"16. Measures relating to the care, education, and management of
Indians, including the care and allotment of Indian lands and general
and special measures relating to claims which are paid out of Indian
funds.
"(n) The Committee on Public Works, to consist of thirteen is
Senators, to which committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating to the fol-
lowing subjects:
"1. Flood control and improvement of rivers and harbors.
"2. Public works for the benefit of navigation, and bridges and
dams (other than international bridges and dams).
"3. Water power.
"4. Oil and other pollution of navigable waters.
"5. Public buildings and occupied or improved grounds of the
United States generally.
"6. Measures relating to the purchase of sites and construction of
post offices, customhouses, Federal courthouses, and Government build-
ings within the District of Columbia.
`7. Measures relating to the Capitol building and the Senate and
House Office Buildings.
"8. Measures relating to the construction or reconstruction, mainte-
nance, and care of the buildings and grounds of the Botanic Gardens,
the Library of Congress, and the Smithsonian Institution.
"9. Public reservations and parks within the District of Columbia,
including Rock Creek Park and the Zoological Park.
"10. Measures relating to the construction or maintenance of roads
and post roads.
"(o) (1) Committee on Rules and Administration, to consist of
nine19 Senators, to which committee shall be referred all proposed
vi Number changed from "eleven" to "thirteen" for the 85th Congress, by S. Res. 27,
85th Congress. Number reduced from "thirteen" by S. Res. 18, 83d Congress; 13 Senators
were namedfor 85th Congress. See Congressional Record, January 9, 1957, p. 375.
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LEGISLATION ON FOREIGN RELATIONS
legislation, messages, petitions, memorials, and other matters relating
to the following subjects:
"(A) Matters relating to the payment of money out of the contin-
gent fund of the Senate or creating a charge upon the same; except
that any resolution relating to substantive matter within the juris-
diction of any other standing committee of the Senate shall be first
referred to such committee.
"(B) Except as provided in paragraph (n) 8, matters relating to
the Library of Congress and the Senate Library; statuary and pic-
tures; acceptance or purchase of works of art for the Capitol; the
Botanic Gardens; management of the Library of Congress; purchase
of books and manuscripts; erection of monuments to the memory of
individuals.
"(C) Except as provided in paragraph (n) 82 matters relating to
the Smithsonian Institution and the incorporation of similar insti-
tutions.
"(D) Matters relating to the election of the President, Vice Presi-
dent, or Members of Congress; corrupt practices; contested elections;
credentials and qualifications; Federal elections generally; Presiden-
tial succession?
"(E) Matters relating to parliamentary rules; floor and gallery
rules; Senate Restaurant; administration of the Senate Office Build-
in of the Senate Wing of the Capitol; assignment of office space;
M services to the Senate.
"(F) Matters relating to printing and correction of the Congres-
sional Record.
"(2)20 Such committee shall also have the duty of assigning office
space in the Senate Wing of the Capitol and in the Senate Office
Building.
"(p)21 (1) Committee on Aeronautical and Space Sciences, to
consist of fifteen Senators, to which committee shall be referred all
proposed legislation, messages, petitions, memorials, and other matters
relating primarily to the following subjects:
"(A) Aeronautical and space activities, as that term is defined in
the National .Aeronautics and Space Act of 1958, except those which
are peculiar to or primarily associated with the development of weap-
ons systems or military operations.
"(B) Matters relating generally to the scientific aspects of such
aeronautical and space activities except those which are peculiar to or
primarily associated with the developments of weapons systems or
military operations.
" C) National Aeronautics and Space Administration.
"(2) Such committee also shall have jurisdiction to survey and
review, and to prepare studies and reports upon, aeronautical and
space activities of all agencies of the United States, including such
activities which are peculiar to or primarily associated with the de-
velopment of weapons systems or military operations.
20 S. Res. 55, 80th Congress, struck out the sentence which read :
"Such committee shall also have the duty of examining all bills, amendments, and
joint resolutions after passage by the Senate ; and, in cooperation with the Com-
mittee on House Administration of the House of Representatives, of examining all
bills and joint resolutions which shall have passed both Houses, to see that the same
are correctly enrolled ; and when signed by the Speaker of the House and the Presi-
dent of the Senate, shall forthwith present the same, when they shall have originated
in the Senate, to the President of the United States in person, and report the fact
and date of such presentation to the Senate."
and trnn-ferred this authority to the Secretary, of the Senate by an amendment to rule XIV.
m Added by S. Res. 327, 85th Congress.
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276 LEGISLATION ON FOREIGN RELATIONS
11(3)22 Each standing committee shall continue and have the power
to act until their successors are appointed.
"(3)23 (a) Except as provided in paragraph (b) of this subsection,
each standing committee and each subcommittee of any such commit-
tee is authorized to fix the number of its members (but not less than
one-third of its entire membership) who shall constitute a quorum
thereof for the transaction of such business as may be considered by
said committee, subject to the provisions of section 133 (d) of the
Legislative Reorganization Act of 1946.
(b) Each standing committee, and each subcommittee of any such
committee, is authorized to fix a lesser number than one-third of its
entire membership who shall constitute a quorum thereof for the
purpose of taking sworn testimony.
"(4)' Each Senator shall serve on two standing committees and no
more; except that not to exceed twenty-two 24 Senators of the majority
party, and not to exceed ten Senators of the minority party, who are
members of the Committee on the District of Columbia, the Committee
on Government Operations, the Committee on Post Office and Civil
Service, or the Committee on Aeronautical and Space Sciences may
serve on three standing committees and no more."
SEC. 103. Rule XVI of the Standing Rules of the Senate is amended
to read" as follows :
"RULE XVI
"AMENDMENTS TO APPROPRIATIONS BILLS
"1. All general appropriation bills shall be referred to the Com-
mittee on Appropriations, and no amendments shall be received to
any general appropriation bill the effect of which will be to increase
an appropriation already contained in the bill, or to add a new item
of appropriation, unless it be made to carry out the provisions of some
existing law, or treaty stipulation, or act, or resolution previously
passed by the Senate during that session; or unless the same be moved
by direction of a standing or select committee of the Senate, or pro-
posed in pursuance of an estimate submitted in accordance with law.
"2. The Committee on Appropriations shall not report an appropria-
tion bill containing amendments proposing new or general legislation
or any restriction on the expenditure of the funds appropriated which
proposes a limitation not authorized by law if such restriction is to
take effect or cease to be effective upon the happening of a contingency,
and if an appropriation bill is reported to the Senate containing
amendments proposing new or general legislation or any such re-
striction, a point of order may be made against the bill, *and if the
point is sustained, the bill shall be recommitted to the Committee on
Appropriations.
7e Erroneously numbered in original act.
as This paragraph was amended by S. Res. 180, 81st Congress which inserted :
(a) Except as provided in paragraph (b) of this subsection, * * ? and each sub-
committee of any such committee
(b) Each standing committee, and each subcommittee of any such committee, is
authorized to fix a lesser number than one-third of its entire membership who shall
ennstitute a quorum thereof for the purpose of taking sworn testimony.
m Paragraph (4) was amended to read in its present form, effective at the beginning of
the 88th Congress, by S. Res. 327, 86th Congress.
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LEGISLATION ON FOREIGN RELATIONS 277
"3. All amendments to general appropriation bills moved by direc-
tion of a standing or select committee of the Senate, proposing to
increase an appropriation already contained in the bill, or to add new
items of appropriation, shall, at least one day, before they are con-
sidered, be referred to the Committee on Appropriations, and when
actually proposed to the bill no amendment proposing to increase the
amount stated in such amendments shall be received; in like manner,
amendments proposing new items of appropriation to river and harbor
bills, establishing post roads, or proposing new post roads, shall, be-
fore being considered, be referred to the Committee on Public Works.
"4. No amendment which proposes general legislation shall be re-
ceived to any general appropriation bill, nor shall any amendment
not germane or relevant to the subject matter contained in the bill be
received; nor shall any amendment to any item or clause of such bill
be received which does not directly relate thereto ; nor shall any re-
striction on the expenditure of the funds appropriated which proposes
a limitation not authorized by law be received if such restriction is
to take effect or cease to be effective upon the happening of a con-
tingency; and all questions of relevancy of amendments under this
rule, when raised, shall be submitted to the Senate and be decided
without debate; and any such amendment or restriction to a general
appropriation bill may be laid on the table without prejudice to the
bill.
"5. No amendment, the object of which is to provide for a private
claim, shall be received to any general appropriation bill, unless it be
to carry out the provisions of an existing law or a treaty stipulation,
which shall be cited on the face of the amendment.
"6. (a) Three members of the following-named committees, to be
selected by their respective committees, shall be ex officio members
of the Committee on Appropriations, to serve on said committee when
the annual appropriation bill making appropriations for the purposes
specified in the following table opposite the name of the committee is
being considered by the Committee on Appropriations :
Name of Committee Purpose of Appropriation
Committee on Agriculture and For- For the Department of Agriculture.
estry.
Committee on Post Office and Civil For the Post Office Department.
Service."
Committee on Armed Services -------- For the Department of War; for the
Department of the Navy.
Committee on the District of Columbia- For the District of Columbia.
Committee on Public Works---------- For Rivers and Harbors.
Committee on Foreign Relations------ For the Diplomatic and Consular
Service.
Senate Members of the Joint Committee For the development and utilization of
on Atomic Energy (to be selected by atomic energy.
said members)."
Committee on Aeronautical and Space For aeronautical and space activities
sciences." and matters relating to the scientific
aspects thereof, except those peculiar
to or primarily associated with the
development of weapons systems or
military operations.
"(b) At least one member of each committee enumerated in sub-
paragraph (a), to be selected by his or their respective committees,
shall be a member of any conference committee appointed to confer
2 Name changed from Committeeon Civil Service by S. Res. 99, 80th Congress.
21 Added by S. Res. 28, 82d Congress.
27 Added by S. Res. 3'27, 85th Congress.
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278
with the House upon the annual appropriation bill making appropria-
tions for the purposes specified in the foregoing table opposite the
name of his or their respective committee.
"7. When a point of order is made against any restriction on the
expenditure of funds appropriated in a general appropriation bill on
the ground that the restriction violates this rule, the rule shall be
construed strictly and, in case of doubt, in favor of the point of order."
PART 2r-RULES OF THE HOUSE OF REPRESENTATIVES
STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES
SEC. 121. (a) Rule X of the Rules of the House of Representatives
is amended to read as follows :
111.29 There shall be elected by the House, at the commencement of
each Congress, the following standing committees:
"(a) Committee on Agriculture to consist of twenty-seven 30 Mem-
bers.
"(b) Committee on Appropriations, to consist of forty-three 32 Mem-
bers.
"(c) Committee on Armed Services, to consist of thirty-three 82
Members.
"(d) Committee on Banking and Currency, to consist of twenty-
seven 33 Members.
" (e) 34 Committee on District of Columbia, to consist of twenty-five
Members.
"(f) Committee on Education and Labor to consist of twenty-five85
Members.
"(g)28 Committee on Foreign Affairs to consist of twenty-five H
Members.
"(h) Committee on Government Operations,"' to consist of twenty-
five 39 Members. -
"(i) Committee on House Administration, to consist of twenty-five
Members.
" (j) Committee on Interior and Insular Affairs, to consist of twenty-
seven 40 Members.
'The membership of the standing committees is governed by H. Res. 5, 83d Congress.
Temporary increases are made from time to time for the duration of specific Congresses;
such increases for the 85th Congress appear a footnotes to the committees affected.
10 Subsections have been redesignated to conform to House Rule X, as adopted at the
beginning of the 83d Congress by H. Res. 5. -
80 Number increased to 84 for the 85th Congress by H. Res. 89.
sz Number Increased to 50 for the 85th Congress by H. Res. 11.
az Number increased to 37 for the 85th Congress by H. Res. 89.
33 Number increased to 30 for the 85th Congress by H. Res. 89.
8, The Committee on Post Office and Civil Service had appeared at this point, as origi-
nally enacted. It was placed in its proper alphabetical position, as subsection (n) of
Rouse Rule X adopted January 3, 1953 (see H. Res. 5, 83d Cong.)
es Number increased to 30 for the 85th Congress by H. Res. 89.
34 The Committee on Expenditures in the Executive Departments had appeared at this
point, as originally enacted. The name has been changed to "Committee on Government
Operations" by 11. Res. 647, 82d Congress, and now appears in its proper alphabetical
position as subsection (h) of rule x, adopted January 3, 1953 (see H. Res. 5, 83d Cong).
81 Number increased from "twenty-nine" by H. Res. 89, 85th Congress.
98 See supra, note 36.
8o Number increased from "twenty-five" by H. Res. 98, 83d Congress.
40 The name of this committee was changed from "Committee on Public Lands" by
H. Res. 100, 82d Congress. It is here carried in its proper alphabetical position as
subset. (j) of rule X by II. Rea. 5 Sad Congress. Its membership has been Increased
from "twenty-seven" by H. Res. 89, 8dith Congress.
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"(k) Committee on Interstate and Foreign Commerce, to consist of
twenty-seven 41 Members.
"(1) Committee on the Judiciary to consist of twenty-seven 42 Mem-
bers.
"(m) Committee on Merchant Marine and Fisheries, to consist of
twenty-five 43 Members.
"(n) Committee on Post Office and Civil Service," to consist of
twenty-five Members.
"(o)45 Committee on Public Works to consist of twenty-seven 46
Members.
"(p) Committee on Rules to consist of twelve Members.
"(q)47 Committee on Science and Astronautics, to consist of twenty-
five Members.
"(r) Committee on Un-American Activities, to consist of nine
Members.
"(s) Committee on Veterans' Affairs, to consist of twenty-seven
Members.
"(t) Committee on Ways and Means, to consist of twenty-five
Members.
"(2) The Speaker shall appoint all select and conference commit-
tees which shall be ordered by the House from time to time.
"(3) At the commencement of each Congress, the House shall elect
as chairman Of each standing committee one of the Members thereof;
in the temporary absence of the chairman, the Member next in rank in
the order named in the election of the committee, and so on, as often
as the case shall happen, shall act as chairman; and in case of a per-
manent vacancy in the chairmanship of any such committee the House
shall elect another chairman.
"(4) All vacancies in standing committees in the House shall be
filled by election by the House." 48
(b) Rule XI of the Rules of the House of Representatives is
amended to read as follows :
"RuI4E XI
"POWERS AND DUTIES OF COMMITTEES
"All proposed legislation, messages, petitions, memorials, and other
matters relating to the subjects listed under the standing committees
named below shall be referred to such committees, respectively : 49
41 Number increased from "thirty-one" by H. Res. 89, 85th Congress.
42 Number increased from "thirty" by H. Res. 89, 85th Congress.
4s Number increased from "twenty-nine" by H. Res. 89, 85th Congress.
44 See supra, note. 34.
48 See supra, note 40.
48 Number increased from "twenty-nine" by H. Res. 89, 85th Congress.
47H. Res. 580, 85th Congress, added new "(q)," and amended former "(q)," "(r)," and
"(s)" to read '(r), "(s)," and "(t)
49 H. Res. 68, 85d Congress, restated clause 4,.omitting the sentence which had been in-
cluded in the Act, which read : "Each Member shall be elected to serve on one standing
committee and no more ; except that Members who are elected to serve on the Committee
on the District of Columbia or on the Committee on Un-American Activities may be elected
to serve on two standing committees and no more, and Members of the majority party who
are elected to serve on the Committee on Expenditures in the Executive Departments [now
Government Operations] or on the Committee on House Administration may be elected to
serve on two stanrling committees and no more."
4U H. Res. 5 83d Congress, struck out a proviso which had appeared in the Act, which
-read : "Provided, That unless otherwise provided herein, any matter within the ,jurisdiction
of a standing committee prior to January 2, 1947, shall remain subject to the jurisdiction
of that committee or of the consolidated committee succeeding generally to the jurisdiction
of that committee."
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"1. Committee on Agriculture.50
"(a) Adulteration of seeds, insect pests, and protection of birds and
animals in forest reserves..
" b) Agriculture generally.
c) Agricultural and industrial chemistry.
d) Agricultural colleges and experimental stations.
e) Agricultural economics and research.
f) Agricultural education extension service.
g) Agricultural production and marketing and stabilization of
prices of agricultural products.
" h) Animal industry and diseases of animals.
Crop insurance and soil conservation.
)Dairy industry.
Entomology and plant quarantine.
" 1) Extension of farm credit and farm security.
m) Forestry in general, and forest reserves other than those cre-
ated from the public domain.
"(n Human nutrition and home economics.
"(o) Inspection of livestock and meat products.
" p) Plant industry, soils, and agricultural engineering.
"(q) Rural electrification.
"2. Committee on Appropriations.
"(a) Appropriation of the revenue for the support of the Govern-
ment.
"(b) 51 The committee is authorized, acting as a whole or by any sub-
committee thereof appointed by the chairman for the purposes hereof
and in accordance with procedures authorized by the committee by a
majority vote, to conduct studies and examinations of the organization
and operation of any executive department or other executive agency
(including any agency the majority of the stock of which is owned by
the Government of the United States) as it may deem necessary to
assist it in the determination of matters within its jurisdiction; and
for this purpose the committee or any subcommittee thereof is author-
ized 0, it and act at such times and places within the United States,
whether the House is in session, hays recessed, or has adjourned, to hold
such hearings, to require the attendance of such witnesses, and the
production of such books or papers or documents or vouchers by sub-
pena or otherwise, and to take such testimony and records as it deems
necessary. Subpenas may be issued over the signature of the chairman
of the committee or subcommittee, or by any person designated by him,
and shall be served by such person or persons as the chairman of the
committee or subcommittee may designate. The chairman of the
committee or subcommittee, or any member thereof, may administer
oaths to witnesses.
"3. Committee on Armed Services.52
"(a) Common defense generally.
50 The items as set forth in the Act were rearranged and renumbered to conform to the
alphabetical order contained in House rule XI, adopted on January 8, 1958, by H. Res. 5,
83d Congress.
51 This subsection was inserted by H. Res. 5, 83d Congress, which adopted the rules for
that Congress. It is substantially identical with part of see. 202 (b) of the act. aee
page 296.
Unless otherwise noted, the changes in the renumbering and rearrangement of the order
of the items reflect the changes made by H. Res. 5, 83d Congress, upon adoption of rule
XI on January 3, 1953.
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"(b) The Department of Defense generally, including the Depart-
ments of the Army, Navy, and Air force generally. 53
"(c) Ammunition depots; forts; arsenals; Army, Navy and Air
Force reservations and establishments 54
"(d) Conservation, development, and use of naval petroleum and
oil shale reserves.
"(e) Pay, promotion, retirement, and other benefits and privileges
of members of the armed forces.
"(f) Scientific research and development in support of the armed
services.
"(g) Selective service.
"(h) Size and composition of the Army, Navy and Air Force.55