View original document

The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.

[P u b lic L a w 472— 8 0 th C o n g r e s s ]
[C h a pter 169— 2 d S essio n ]

[S. 2202]
AN ACT
To promote world peace and the general welfare, national interest, and foreign
policy of the United States through economic, financial, and other measures
necessary to the maintenance of conditions abroad in which free institutions
may survive and consistent with the maintenance of the strength and stability
of the United States.

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 “ Foreign Assistance Act of 1948”.
TITLE I
S ec . 101. This title may be cited as the “ Economic Cooperation A ct

of 1948”.
FIN DIN GS A N D DECLARATION OF POLICY

S eo. 102. (a) Recognizing the intimate economic and other rela­
tionships between the United States and the nations of Europe, and
recognizing that disruption following in the wake of war is not con­
tained by national frontiers, the Congress finds tljat the existing
situation in Europe endangers the establishment of a lasting peace,
the general welfare and national interest of the United States, and
the attainment of the objectives of the United Nations. The restora­
tion or maintenance in European countries of principles of individual
liberty, free institutions, and genuine independence rests largely upon
the establishment of sound economic conditions, stable international
economic relationships, and the achievement by the countries of Europe
of a healthy economy independent of extraordinary outside assistance.
The accomplishment of these objectives calls for a plan of European
recovery, open to all such nations which cooperate in such plan, based
upon a strong production effort, the expansion of foreign trade, the
creation and maintenance of internal financial stability, and the devel­
opment of economic cooperation, including all possible steps to establish
and maintain equitable rates of exchange and to bring about the pro­
gressive elimination of trade barriers. Mindful of the advantages
which the United States has enjoyed through the existence of a large
domestic market with no internal trade barriers, and believing that
similar advantages can accrue to the countries of Europe, it is declared
to be the policy of the people of the United States to encourage these
countries through a joint organization to exert sustained common
efforts as set forth in the report of the Committee of European Eco­
nomic Cooperation signed at Paris on September 22, 1947, which will
speedily acnieve that economic cooperation in Europe which is essen­
tial for lasting peace and prosperity. It is further declared to be
the policy of the people of the United States to sustain and strengthen



[ P u b L a w 472.]

2

principles of individual liberty, free institutions, and genuine inde­
pendence in Europe through assistance to those countries of Europe
which participate in a joint recovery program based upon self-help
and mutual cooperation: Provided, That no assistance to the partici­
pating countries herein contemplated shall seriously impair the eco­
nomic stability of the United States. It is further declared to be the
policy of the United States that continuity of assistance provided by
the United States should, at all times, be dependent upon continuity of
cooperation among countries participating in the program.
PURPOSES OP TITLE

(b) It is the purpose of this title to effectuate the policy set forth in
subsection (a) of this section by furnishing material and financial
assistance to the participating countries in such a manner as to aid
them, through their own individual and concerted efforts, to become
independent of extraordinary outside economic assistance within the
period of operations under this title, by—
(1) promoting industrial and agricultural production in the
participating countries;
(2) furthering the restoration or maintenance of the soundness
of European currencies, budgets, and finances; and
(3) facilitating and stimulating the growth of international
trade of participating countries with one another and with other
countries by appropriate measures including reduction of barriers
which may hamper such trade.
PARTIC IPA TIN G COUNTRIES

S ec . 103. (a) As used in this title, the term “ participating country”
means—
(1) any country, together with dependent areas under its
administration, which signed the report of the Committee of
European Economic Cooperation at Paris on September 22,1947;
and
(2) any other country'(including any of the zones of occupa­
tion of Germany, any areas under international administration or
control, and the Free Territory of Trieste or either of its zones)
wholly or partly in Europe, together with dependent areas under
its administration;
provided such country adheres to, and for so long as it remains an
adherent to, a joint program for European recovery designed to
accomplish the purposes of this title.
(b)
Until such time as the Free Territory of Trieste or either of
its zones becomes eligible for assistance under this title as a partici­
pating country, assistance to the Free Territory of Trieste, or either
of its zones, is hereby authorized under the Foreign Aid Act of 1947
until June 30, 1949, and the said Foreign Aid Act of 1947 is hereby
amended accordingly, and not to exceed $20,000,000 out of funds
authorized to be advanced by the Reconstruction Finance Corporation
under subsection (a) of section 114 of this title, or under suosection
(d) of section 11 of the Foreign Aid Act of 1947 notwithstanding
any appropriation heretofore made under such Act, may be utilized
for the purposes of this subsection: Provided, That section 11 (b)




3

[P u b . L aw 472.]

of the Foreign Aid Act of 1947 shall not apply in respect of the Free
Territory of Trieste or either of its zones: And provided further, That
the provisions of section 115 (b) (6) of this title shall apply to local
currency deposited pursuant to section 5 (b) of that Act.
E STA B LISH M E N T OF ECONOMIC COOPERATION A D M IN ISTR A TIO N

S ec. 104. (a) There is hereby established, with its principal office
in the District of Columbia, an agency of the Government which shall
be known as the Economic Cooperation Administration, hereinafter
referred to as the Administration. The Administration shall be
headed by an Administrator for Economic Cooperation, hereinafter
referred to as the Administrator, who shall be appointed by the Pres­
ident, by and with the advice and consent of the Senate, and who shall
receive compensation at the rate of $20,000 per annum. The Admin­
istrator shall be responsible to the President and shall have a status
in the executive branch of the Government comparable to that of the
head of an executive department. Except as otherwise provided in
this title, the administration of the provisions of this title is hereby
vested in the Administrator and his functions shall be performed
under the control of the President.
(b) There shall be in the Administration a Deputy Administrator
for Economic Cooperation who shall be appointed by the President,
by and with the advice and consent of the Senate, and shall receive
compensation at the rate of $17,500 per annum. The Deputy Admin­
istrator for Economic Cooperation shall perform such functions as
the Administrator shall designate, and shall be Acting Adminis­
trator for Economic Cooperation during the absence or disability of
the Administrator or in the event of a vacancy in the office of
Administrator.
(c) The President is authorized, pending the appointment and
qualification of the first Administrator or Deputy Administrator for
Economic Cooperation appointed hereunder, to provide, for a period
of not to exceed thirty days after the date of enactment of this Act,
for the performance of the functions of the Administrator under this
title through such departments, agencies, or establishments of the
United States Government as he may direct. In the event the Presi­
dent nominates an Administrator or Deputy Administrator prior to
the expiration of such thirty-day period, the authority conferred upon
the President by this subsection shall be extended beyond such thirtyday period but only until an Administrator or Deputy Administrator
qualifies and takes office.
(d) (1) The Administrator, with the approval of the President,
is hereby authorized and empowered to create a corporation with such
powers as the Administrator may deem necessary or appropriate for
the accomplishment of the purposes of this title.
(2) If a corporation is created under this section—
(i) it shall have the power to sue and be sued, to acquire, hold,
and dispose of property, to use its revenues, to determine the
character of any necessity for its obligations and expenditures
and the manner m which they shall be incurred, allowed and paid,
and to exercise such other powers as may be necessary or appropri­
ate to carry out the purposes of the corporation;
(ii) its powers snail be set out in a charter which shall be valid



IP u b . L a w 472.]

4

only when certified copies thereof are filed with the Secretary
of the Senate and the Clerk of the House of Representatives and
published in the Federal Register, and all amendments to such
charter shall be valid only when similarly filed and published;
(iii) it shall not have succession beyond June 30, 1952, except
for purposes of liquidation, unless its life is extended beyond such
date pursuant to Act of Congress; and
(iv) it shall be subject to the Government Corporation Con­
trol Act to the same extent as wholly owned Government corpora­
tions listed in section 101 of such Act.
(3)
All capital stock of the corporation shall be of one class, be
issued for cash only, and be subscribed for by the Administrator.
Payment for such capital stock shall be made from funds available
for the purposes of this title.
(e) Any department, agency, or establishment of the Government
(including, whenever used in this title, any corporation which is an
instrumentality of the United States) performing functions under
this title is authorized to employ, for duty within the continental limits
of the United States, such personnel as may be necessary to carry
out the provisions and purposes of this title, and funds available
pursuant to section 114 of this title shall be available for personal
services in the District of Columbia and elsewhere without regard to
section 14 (a) of the Federal Employees Pay Act of 1946 (60 Stat.
219). Of such personnel employed by the Administration, not to
exceed one hundred may be compensated without regard to the pro­
visions of the Classification Act of 1923, as amended, of whom not more
than twenty-five may be compensated at a rate in excess of $10,000
per annum, but not in excess of $15,000 per annum. Experts and con­
sultants or organizations thereof, as authorized by section 15 of the
Act of August 2, 1946 (U. S. C., title 5, sec. 55a), may be employed
by the Administration, and individuals so employed may be com­
pensated at rates not in excess of $50 per diem and while away from
their homes or regular places of business, they may be paid actual
travel expenses and not to exceed $10 per diem in lieu of subsistence
and other expenses while so employed.
(f) The Administrator may, from time to time, promulgate such
rules and regulations as may be necessary and proper to carry out his
functions under this title, and he may delegate authority to perform
any of such functions to his subordinates, acting under his direction
and under rules and regulations promulgated by him.
GENERAL FU N CTION S OF ADM INISTRATOR

S ec. 105. (a) The Administrator, under the control of the President,

shall in addition to all other functions vested in him by this title—
(1) review and appraise the requirements of participating coun­
tries for assistance under the terms of this title;
(2) formulate programs of United States assistance under this
title, including approval of specific projects which have been
submitted to him by the participating countries;
(3) provide for the efficient execution of any such programs as
may be placed in operation; and
(4) terminate provision of assistance or take other remedial
action as provided in sort ion 118 of this title.



5

[ P u b . L a w 472.]

(b) In order to strengthen and make more effective the conduct of
the foreign relations of the United States—
(1) the Administrator and the Secretary of State shall keep
each other fully and currently informed on matters, including
prospective action, arising within the scope of their respective
duties which are pertinent to the duties of the other;
(2) whenever the Secretary of State believes that any action,
proposed action, or failure to act on the part of the Administrator
is inconsistent with the foreign-policy objectives of the United
States, he shall consult with the Administrator and, if differences
of view are not adjusted by consultation, the matter shall be/
referred to the President for final decision;
(3) whenever the Administrator believes that any action, pro­
posed action, or failure to act on the part of the Secretary of State
in performing functions under this title is inconsistent with the
urposes and provisions of this title, he shall consult with the
ecretary of State and, if differences of view are not adjusted by
consultation, the matter shall be referred to the President for final
decision.
(c) The Administrator and the department, agency, or officer in the
executive branch of the Government exercising the authority granted
to the President by section 6 of the Act of July 2,1940 ( 54 Stat. 714),
as amended, shall keep each other fully and currently informed on
matters, including prospective action, arising within the scope of their
respective duties which are pertinent to the duties of the other. When­
ever the Administrator believes that any action, proposed action, or
failure to act on the part of such department, agency, or officer in per­
forming functions under this title is inconsistent with the purposes
and provisions of this title, he shall consult with such department,
agency, or officer and, if differences of view are not adjusted by consul­
tation, the matter shall be referred to the President for final decision.

P

N A T IO N A L ADVISORY COUNCIL

S ec. 106. Section 4 (a) of the Bretton Woods Agreements Act
(59 Stat. 512, 513) is hereby amended to read as follows:
“ S ec . 4. (a) In order to coordinate the policies and operations of
the representatives of the United States on the Fund and the Bank
and oi all agencies of the Government which make or participate in
making foreign loans or which engage in foreign financial, exchange
or monetary transactions, there is hereby 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 Commerce, 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
Economic Cooperation Administration shall continue to exist, the
Administrator for Economic Cooperation.”
PUBLIC ADVISORY BOARD

S ec . 107. (a ) There is hereby created a Public Advisory Board,
hereinafter referred to as the Board, which shall advise and consult
with the Administrator with respect to general or basic policy matters



6

{F ob . L a w 472.]

arising in connection with the Administrator’s discharge of his
responsibilities. The Board shall consist of the Administrator, who
shall be Chairman, and not to exceed twelve additional members to
be appointed by the President, by and with the advice and consent of
the Senate, and who shall be selected from among citizens of the
United States of broad and varied experience in matters affecting
the public interest, other than officers and employees of the United
States (including any agency or instrumentality of the United States)
who, as such, regularly receive compensation for current services.
The Board shall meet at least once a month and at other times upon
the call of the Administrator or when three or more members of the
Board request the Administrator to call a meeting. Not more than
a majority of two of the members shall be appointed to the Board
from the same political party. Members of the Board, other than
the Administrator, shall receive, out of funds made available for the
purposes 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 Administrator, and in necessary travel, and while so
engaged, they may be paid actual travel expenses and not to exceed
$10 per diem in lieu of subsistence and other expenses.
(b)
The Administrator may appoint such other advisory com­
mittees as he may determine to be necessary or desirable to effectuate
the purposes of this title.
U N IT E D STATES SPECIAL. REPRESENTATIVE ABROAD

S ec . 108. There shall be a United States Special Representative in
Europe who shall (a) be appointed by the President, by and with the
advice and consent of the Senate, (bj be entitled to receive the same
compensation and allowances as a chief of mission, class 1, within the
meaning of the Act of August 13, 1946 (60 Stat. 999), and (c) have
the rank of ambassador extraordinary and plenipotentiary. He shall
be the representative of the Administrator, and shall also be the chief
representative of the United States Government to any organization
of participating countries which may be established by such countries
to further a joint program for European recovery, and shall discharge
in Europe such additional responsibilities as may be assigned to him
with the approval of the President in furtherance of the purposes of
this title. He may also be designated as the United States representa­
tive on the Economic Commission for Europe. He shall receive his
instructions from the Administrator and such instructions shall be
prepared and transmitted to him in accordance with procedures agreed
to between the Administrator and the Secretary of State in order to
assure appropriate coordination as provided by subsection (b) of sec­
tion 105 of this title. He shall coordinate the activities of the chiefs
of special missions provided for in section 109 of this title. He shall
keep the Administrator, the Secretary of State, the chiefs of the
United States diplomatic missions, and the chiefs of the special mis­
sions provided for in section 109 of this title currently informed con­
cerning his activities. He shall consult with the chiefs of all such
missions, who shall give him such cooperation as he may require for
the performance of his duties under this title.




7

IPu b . L a w 472.]

SPECIAL BCA M ISSION S ABROAD

Sec. 109. (a) There shall be established for each participating
country, except as provided in subsection (d) of this section, a special
mission for economic cooperation under tne direction of a chief who
shall be responsible for assuring the performance within such country
of operations under this title. The chief shall be appointed by the
Administrator, shall receive his instructions from the Administrator,
and shall report to the Administrator on the performance of the duties
assigned to him. The chief of the special mission shall take rank
immediately after the chief of the United States diplomatic mission
in such country.
(b) The chief of the special mission shall keep the chief of the
United States diplomatic mission fully and currently informed on
matters, including prospective action, arising within tne scope of the
operations of the special mission and the chief of the diplomatic mission
shall keep the chief of the special mission fully and currently informed
on matters relative to the conduct of the duties of the chief of the
special mission. The chief of the United States diplomatic mission
will be responsible for assuring that the operations of the special
mission are consistent with the foreign-policy objectives of the United
States in such country and to that end whenever the chief of the United
States diplomatic mission believes that any action, proposed action, or
failure to act on the part of the special mission is inconsistent with such
foreign-policy objectives, he shall so advise the chief of the special mis­
sion and the United States Special Representative in Europe. If
differences of view are not adjusted by consultation, the matter shall
be referred to the Secretary of State ana the Administrator for decision.
(c) The Secretary of State shall provide such office space, facilities,
and other administrative services for the United States Special Repre­
sentative in Europe and his staff, and for the special mission in each
participating country, as may be agreed between the Secretary of
State and the Administrator.
(d) With respect to any of the zones of occupation of Germany
and of the Free Territory of Trieste, during the period of occupation,
the President shall make appropriate administrative arrangements for
the conduct of operations under this title, in order to enable the
Administrator to carry out his responsibility to assure the .accomplish­
ment of the purposes of this title.
PERSONNEL OUTSIDE U N ITED STATES

S ec . 110. (a) For the purpose of performing functions under this
title outside the continental limits of the United States the Admin­
istrator may—
(1) employ persons who shall receive compensation at any of
the rates provided for the Foreign Service Reserve and Stan by
the Foreign Service Act of 1946 (G Stat. 999), together with
O
allowances and benefits established thereunder; and
(2) recommend the appointment or assignment of persons, and
the Secretary of State may appoint or assign such persons, to
any class in the Foreign Service Reserve or Staff for the duration
of operations under mis title, and the Secretary of State may




IP u b . L a w 472.]

8

assign, transfer, or promote such persons upon the recommenda­
tion or the Administrator. Persons so appointed to the Foreign
Service Staff shall be entitled to the benefits of section 528 of the
Foreign Service Act of 1946.
(b) For the purpose of performing functions under this title out­
side the continental limits o f the United States^ the Secretary of State
may, at the request of the Administrator, appoint, for the duration of
operations under this title, alien clerks and employees in accordance
■with applicable provisions of the Foreign Service Act of 1946
(60 Stat. 999).
(c) No citizen or resident of the United States may be employed,
or if already employed, may be assigned to duties by the Secretary
of State or the Administrator under this title for a period to exceed
three months unless such individual has been investigated as to loyalty
and security by the Federal Bureau of Investigation and a report
thereon has been made to the Secretary of State and the Administrator,
and until the Secretary of State or the Administrator 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 been a member of any organization advo­
cating contrary views. This subsection shall not apply in the case of
any officer appointed by the President by and with the advice and
consent of the Senate.
N ATU RE AN D METHOD OF ASSISTANCE

S ec. 111. (a) The Administrator may, from time to time, furnish
assistance to any participating country by providing for the perform­
ance of any of the functions set forth in paragraphs (1) through (5)
of this subsection when he deems it to be in furtherance of the pur­
poses of this title, and upon the terms and conditions set forth in this
title and such additional terms and conditions consistent with the pro­
visions of this title as he may determine to be necessary and proper.
(1) Procurement from any source, including Government stocks
on the same basis as procurement by Government agencies under
Public'Law 375 (Seventy-ninth Congress) for their own use, of
any commodity which he determines to be required for the further­
ance of the purposes of this title. As used in this title, the term
“commodity” means any commodity, material, article, supply, or
goods necessary for the purposes of this title.
(2) Processing, storing, transporting, and repairing any com­
modities, or performing any other services with respect to a par­
ticipating country which he determines to be required for
accomplishing the purposes of this title. The Administrator shall,
in providing for the procurement of commodities under authority
of this title, take such steps as may be necessary to assure, so far
as is practicable, that at least 50 per centum of the gross tonnage
of commodities, procured within the United States out of funds
made available under this title and transported abroad on ocean
vessels, is so transported on United States flag vessels to th« extent
such vessels are available at market rates.




9

[P u b . L aw 472]

(3) Procurement of and furnishing technical information and
assistance.
(4) Transfer of any commodity or service, which transfer shall
be signified by delivery of the custody and right of possession and
use of such commodity, or otherwise making available any such
commodity, or by rendering a service to a participating country
or to any agency or organization representing a participating
country.
(5) The allocation of commodities or services to specific proj­
ects designed to carry out the purposes of this title, which have
been submitted to the Administrator by participating countries
and have been approved by him.
(b)
In order to facilitate and maximize the use of private channels
of trade, subject to adequate safeguards to assure that all expendi­
tures in connection with such procurement are within approved pro­
grams in accordance with terms and conditions established by the
Administrator, he may provide for the performance of any of the
functions described in subsection (a) of this section—
(1) by establishing accounts against which, under regulations
prescribed by the Administrator—
(i) letters of commitment may be issued in connection
with supply programs approved by the Administrator (and
such letters of commitment, when issued, shall constitute
obligations of the United States and monies due or to become
due thereunder shall be assignable under the Assignment of
Claims Act of 1940 and shall constitute obligations of appli­
cable appropriations); and
(ii) withdrawals may be made by participating countries,
or agencies or organizations representing participating coun­
tries or by other persons or organizations, upon presentation
of contracts, invoices, or other documentation specified by the
Administrator under arrangements prescribed by the Admin­
istrator to assure the use of such withdrawals for purposes
approved by the Administrator.
Such accounts may be established on the books of the Admin­
istration, or any other department, agency, or establishment
of the Government specified by the Administrator, or, on terms
and conditions approved by the Secretary of the Treasury, in
banking institutions in the United States. Expenditures of funds
which have been made available through accounts so established
shall be accounted for on standard documentation required for
expenditures of Government funds: Provided, That such expendi­
tures for commodities or services procured outside the continental
limits of the United States under authority of this section may be
accounted for exclusively on such certification as the Administra­
tor may prescribe in regulations promulgated by him with the
approval of the Comptroller General of the United States to
assure expenditure in furtherance of the purposes of this title.
(2) by Utilizing the services and facilities of any department,
agency, or establishment of the Government as the President shall
direct, or with the consent of the head of such department, agency,
or establishment, or, in the President’s discretion, by acting in
cooperation with the United Nations or with other international



[Pxm . L a w 472.J

10

organizations or with agencies of the participating countries,
and funds allocated pursuant to this section to any department,
agency, or establishment of the Government shall be established
in separate appropriation accounts on the books of the Treasury.
(8)
by making, under rules and regulations to be prescribed by
the Administrator, guaranties to any person of investments in
connection with projects approved by the Administrator and
the participating country concerned as furthering the purposes
of this title (including guaranties of investments in enterprises
producing or distributing informational media: Provided, That
the amount of such guaranties in the first year after the date of
the enactment of this Act does not exceed $15,000,000), which
guaranties shall terminate not later than fourteen years from the
aate of enactment of this A ct: Provided, That—
(i) the guaranty to any person shall not exceed the amount
of dollars invested in tne project by such person with the
approval of the Administrator and shall be limited to the
transfer into United States dollars of other currencies, or
credits in such currencies, received by such person as income
from the approved investment, as repayment or return
thereof, in whole or in part, or as compensation for the sale
or disposition of all or any part thereof: Provided, That,
when any payment is made to any person under authority
of this paragraph, such currencies, or credits in such
currencies, shall become the property of the United States
Government;
(ii) the Administrator may charge a fee in an amount
determined by him not exceeding 1 per centum per annum
of the amount of each guaranty, and all fees collected here­
under shall be available for expenditure in discharge of lia­
bilities under guaranties made under this paragraph until
such time as all such liabilities have been discharged or have
expired, or until all such fees have been expended in accord­
ance with the provisions of this paragraph; and
(iii) as used in this paragraph, the term “ person” means
a citizen of the United States or any corporation, partnership,
or other association created under tne law of the united States
or of any State or Territory and substantially beneficially
owned by citizens of the United States.
The total amount of the guaranties made under this paragraph
(3) shall not exceed $300,000,000, and as such guaranties are made
the authority to realize funds from the sale of notes for the
purpose of allocating funds to the Export-Import Bank of Wash­
ington under paragraph (2) of subsection (c) of this section
shall be accordingly reduced. Any payments made to discharge
liabilities under guaranties issued under paragraph (3) of this
subsection shall be paid out of fees collected under subparagraph
(ii) of paragraph (3} of this subsection as long as such fees are
available, and thereafter shall be paid out of funds realized from
the sale of notes which shall be issued under authority of para­
graph (2) of subsection (c) of this section when necessary to
discharge liabilities under any guch guaranty.




11

[P u b . L a w 472.]

(c)
(1) The Administrator may provide assistance for any partici­
pating country, in the form and under the procedures authorized in
subsections (a) and (b), respectively} of this section, through grants
or upon payment in cash, or on credit terms, or on such other terms
of payment as he may find appropriate, including payment by the
transfer to the United States (under such terms and in such quantities
as may be agreed to between the Administrator and the participating
country) of materials which are required by the United States as a
result of deficiencies or potential deficiencies in its own resources. In
determining whether such assistance shall be through grants or upon
terms of payment, and in determining the terms of payment, he shall
act in consultation with the National Advisory Council on Interna­
tional Monetary and Financial Problems, and the determination
whether or not a participating country should be required to make
payment for any assistance furnished to such country in furtherance
of the purposes of this title, and the terms of such payment, if required,
shall depend upon the character and purpose of the assistance and
upon whether there is reasonable assurance of repayment considering
the capacity of such country to make such payments without jeopardiz­
ing the accomplishment of the purposes of this title.
(2)
When it is determined that assistance should be extended under
the provisions of this title on credit terms, the Administrator shall
allocate funds for the purpose to the Export-Import Bank of Wash­
ington, which shall, notwithstanding the provisions of the ExportImport Bank Act of 1945 (59 Stat. 526), as amended, make and admin­
ister the credit on terms specified by the Administrator in consultation
with the National Advisory Council on International Monetary and
Financial Problems. The Administrator is authorized to issue notes
from time to time for purchase by the Secretary of the Treasury in an
amount not exceeding m the aggregate $1,000,000,000 (i) for the pur­
pose of allocating funds to the Export-Import Bank of Washington
under this paragraph during the period of one year following the date
of enactment of this Act ana (ii) for the purpose of carrying out the
provisions of paragraph (3) of subsection (b) of this section until all
liabilities arising under guaranties made pursuant to such paragraph
(3) have expired or have Deen discharged. Such notes shall be redeem­
able at the option of the Administrator before maturity in such manner
as may be stipulated in such notes and shall have such maturity as
may be determined by the Administrator with the approval of the
Secretary of the Treasury. Each such note shall bear interest at a
rate determined by the Secretary of the Treasury, taking into consid­
eration the current average rate on outstanding marketable obligations
of the United States as of the last day of the month preceding the
issuance of the note. Payment under this paragraph of the purchase
price of such notes and repayments thereof by the Administrator shall
De treated as public-debt transactions of the United States. In allo­
cating funds to the Export-Import Bank of Washington under this
paragraph, the Administrator shall first utilize such funds realized
from the sale of notes authorized by this paragraph as he determines
to be available for this purpose, and when such funds are exhausted,
or after the end of one year from the date of enactment of this Act,
whichever is earlier, he shall utilize any funds appropriated under
this title. The Administrator shall make advances to, or reimburse,




[P x jb . L a w 472.J

12

the Export-Import Bank of Washington for necessary administrative
expenses in connection with such credits. Credits made by the ExportImport Bank of Washington with funds so allocated to it by the
Administrator 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 principal and interest on any credits made under this
paragraph shall be deposited into miscellaneous receipts of the Treas­
ury : Provided, 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 authorized under this
paragraph shall be deposited into the Treasury for the purpose of the
retirement of such notes.
PROTECTION OF DOMESTIC ECONOM Y

Sec . 112. (a) The Administrator shall provide for the procure­
ment in the United States of commodities under this title in such a
way as to (1) minimize the drain upon the resources of the United
States and the impact of such procurement upon the domestic economy,
and (2) avoid impairing the fulfillment of vital needs of the people
of the United States.
(b) The procurement of petroleum and petroleum products under
this title shall, to the maximum extent practicable, be made from
petroleum sources outside the United States; and, in furnishing com­
modities under the provisions of this title, the Administrator shall
take fully into account the present and anticipated world shortage
of petroleum and its products and the consequent undesirability of
expansion in petroleum-consuming equipment where the use of alter­
nate fuels or other sources of power is practicable.
(c) In order to assure the conservation of domestic grain supplies
and the retention in the United States of byproduct feeds necessary
to the maintenance of the agricultural economy of the United States,
the amounts of wheat and wheat flour produced in the United States
to be transferred by grant to the participating countries shall be so
determined that the total quantity of United States wheat used to
produce the wheat flour procured in the United States for transfer
by grant to such countries under this title shall not be less than 25
per centum of the aggregate of the unprocessed wheat and wheat in
the form of flour procured in the United States for transfer by grant
to such countries under this title.
(d) The term “surplus agricultural commodity” as used in this
section is defined as any agricultural commodity, or product thereof,
produced in the United States which is determined by the Secretary
of Agriculture to be in excess of domestic requirements. In providing
for tie procurement of any such surplus agricultural commodity for
transfer by grant to any participating country in accordance with the
requirements of such country, the Administrator shall, insofar as prac­
ticable and where in furtherance of the purposes of this title, give effect
to the following:
(1)
The Administrator shall authorize the procurement of any such
surplus agricultural commodity only within the United States: Pro­
videdy That this restriction shall not be applicable (i) to any agri­



13

[ P u b . L a w 472.]

cultural commodity, or product thereof, located in one participating
country, and intended for transfer to another participating country,
if the Administrator, in consultation with the Secretary of Agricul­
ture, determines that such procurement and transfer is in furtherance
of the purposes of this title, and would not create a burdensome surplus
in the United States or seriously prejudice the position of domestic
producers of such surplus agricultural commodities, or (ii) if, and
to the extent that any such surplus agricultural commodity is not
available in the United States in sufficient quantities to supply the
requirements of the participating countries under this title.
(2)
In providing for the procurement of any such surplus agri­
cultural commodity, the Administrator shall, insofar as practicable
and applicable, and after giving due consideration to the excess of
any such commodity over domestic requirements, and to the historic
reliance of United States producers of any such surplus agricultural
commodity upon markets m the participating countries, provide for
the procurement of each class or type of any such surplus agricultural
commodity in the approximate proportion that the Secretary of Agri­
culture determines such classes or types bear to the total amount
of excess of such surplus agricultural commodity over domestic
requirements.
(e) Whenever the Secretary of Agriculture determines that any
quantity of any surplus agricultural commodity, heretofore or here­
after acquired by Commodity Credit Corporation in the administra­
tion of its price-support programs, is available for use in furnishing
assistance to foreign countries, he shall so advise all departments,
agencies, and establishments of the Government administering laws
providing for the furnishing of assistance or relief to foreign countries
(including occupied or liberated countries or areas of such countries).
Thereafter the department, agency, or establishment administering
any such law shall, to the maximum extent practicable, consistent
with the provisions and in furtherance of the purposes of such law,
and where for transfer by grant and in accordance with the require­
ments of such foreign country, procure or provide for the procure­
ment of such quantity of such surplus agricultural commodity. The
sales price paid as reimbursement to Commodity Credit Corporation
for any such surplus agricultural commodity shall be in such amount
as Commodity Credit Corporation determines will fully reimburse
it for the cost to it of such surplus agricultural commodity at the
time and place such surplus agricultural commodity is delivered by
it, but in no event shall the sales price be higher than the domestic
market price at such time and place of delivery as determined by the
Secretary of Agriculture, and the Secretary of Agriculture may pay
not to exceed 50 per centum of such sales price as authorized by sub­
section (f) of this section.
(f) Subject to the provisions of this section, but notwithstanding
any other provision of law, in order to encourage utilization of surplus
agricultural commodities pursuant to this or any other Act providing
for assistance or relief to foreign countries, the Secretary of Agricul­
ture, in carrying out the purposes of clause (1), section 32, Public
Law 320, Seventy-fourth Congress, as amended, may make payments,
including payments to any government agency procuring or selling
such surplus agricultural commodities, in an amount not to exceed 50



IP u b . L a w 472.]

14

per centum of the sales price (basis free along ship or free on board
vessel, United States ports), as determined by the Secretary of
Agriculture, of such surplus agricultural commodities. The rescission
of the remainder of section 32 funds by the Act of July 30,1947 (Public
Law 266, Eightieth Congress), is hereby canceled and such funds
are hereby made available for the purposes of section 32 for the fiscal
year ending June 30,1948.
(g) No export shall be authorized pursuant to authority conferred
by section 6 of the Act of July 2, 1940 ( 54 Stat. T14), including any
amendment thereto, of any commodity from the United States to any
country wholly or partly in Europe which is not a participating
country, if the department, agency, or officer in the executive branch
of the Government exercising the authority granted to the President
by section 6 of the Act of July 2, 1940, as amended, determines that
the supply of such commodity is insufficient (or would be insufficient
if such export were permitted) to fulfill the requirements of partici­
pating countries under this title as determined by the Administrator:
Provided, however, That such export may be authorized if such
department, agency, or officer determines that such export is otherwise
in the national interest of the United States.
(h) In providing for the performance of any of the functions
described m subsection (a)' of section 111, the Administrator shall,
to the maximum extent consistent with the accomplishment of the
purposes of this title, utilize private channels of trade.
REIMBTJRESMENT TO GOVERNM ENT AGENCIES

S ec. 113. (a) The Administrator shall make reimbursement or
payment, out of funds available for the purposes of this title, for any
commodity, service, or facility procured unaer section 111 of this title
from any department, agency, or establishment of the Government.
Such reimbursement or payment shall be made to the owning or
disposal agency, as the case may be, at replacement cost, or, if required
by law, at actual cost, or at any other price authorized by law and
agreed to between the Administrator and such agency. The amount
of any reimbursement or payment to an owning agency for com­
modities, services, or facilities so procured shall be credited to current
applicable appropriations, funds, or accounts from which there may
be procured replacements of similar commodities or such services or
facilities: Provided, That such commodities, services, or facilities may
be procured from an owning agency only with the consent of such
agency: And provided further, That where such appropriations, funds,
or accounts are not reimbursable except by reason of this subsection,
and when the owning agency determines that replacement of any
commodity procured under authority of this section is not necessary,
any funds received in payment therefor shall be covered into the
Treasury as miscellaneous receipts.
(b)
The Administrator, whenever in his judgment the interests
of the United States will best be served thereby, may dispose of any
commodity procured out of funds made available for the purposes of
this title, in lieu of transferring such commodity to a participating
country, (1) by transfer of such commodity, upon reimbursement,
to any department, agency, or establishment of the Government for
use or disposal by such department, agency, or establishment as



15

[P u b . L a w 472.1

authorized by law, or (2) without regard to provisions of law relating
to the disposal of Government-owned property, when necessary to
prevent spoilage or wastage of such commodity or to conserve the
usefulness thereof. Funds realized from such disposal or transfer
shall revert to the respective appropriation or appropriations out of
which funds were expended for the procurement of such commodity.
A U TH O R IZA TIO N OF APPROPRIATIONS

S ec . 114. (a) Notwithstanding the provisions of any other law, the
Reconstruction Finance Corporation is authorized and directed, until
such time as an appropriation shall be made pursuant to subsection
(c) of this section, to make advances not. to exceed in the aggregate
$1,000,000,000 to carry out the provisions of this title, in such maimer,
at such time, and in such amounts as the President shall determine,
and no interest shall be charged on advances made by the Treasury to
the Reconstruction Finance Corporation for this purpose. The Recon­
struction Finance Corporation shall be repaid without interest for
advances made by it hereunder, from funds made available for the
purposes of this title.
(b) Such part as the President may determine of the unobligated
and unexpended balances of appropriations or other funds available
for the purposes of the Foreign Aid Act of 1947 shall be available for
the purpose of carrying out the purposes of this title.
(c) In order to carry out the provisions of this title with respect
to those participating countries which adhere to the purposes of this
title, and remain eligible to receive assistance hereunder, such funds
shall be available as are hereafter authorized and appropriated to
the President from time to time through June 30, 1952, to carry out
the provisions and accomplish the purposes of this title: Provided,,
however, That for carrving out the provisions and accomplishing the
purposes of this title for the period of one year following the date
of enactment of this Act, there are hereby authorized to be so appro­
priated not to exceed $4,300,000,000. Nothing in this title is intended
nor shall it be construed as an express or implied commitment to
provide any specific assistance, whether of funds, commodities, or
services, to any country or countries. The authorization in this title
is limited to the period of twelve months in order that subsequent
Congresses may pass on any subsequent authorizations.
(a)
Funds made available for the purposes of this title shall be
available for incurring and defraying all necessary expenses incident
to carrying out the provisions of this title, including administrative
expenses and expenses for compensation, allowances and travel of
personnel, including Foreign Service personnel whose services are
utilized primarily for the purposes of this title, and, without regard
to the provisions of any other law, for printing and binding, and for
expenditures outside tne continental limits of the United States for
the procurement of supplies and services and for other administrative
purposes (other than compensation of personnel) without regard to
such laws and regulations governing the obligation and expenditure
of government funds, as the Administrator shall specify in the interest
of the accomplishment of the purposes of this title.
(e)
The unencumbered portions of any deposits which may have
been made by any participating country pursuant to section 6 of the



16

[ P u b . L a w 472.J

joint resolution providing for relief assistance to the people of countries
devastated by war (Public Law 84, Eightieth Congress) and section 5
(b) of the Foreign Aid Act of 1947 (Public Law 389, Eightieth Con­
gress) may be merged with the deposits to be made by such partici­
pating country in accordance with section 115 (b) (6) of this title,
and shall be held or used under the same terms and conditions as are
provided in section 115 (b) (6) of this title.
(f)
In order to reserve some part of the surplus of the fiscal year
1948 for payments thereafter to be made under this title, there is
hereby created on the books of the Treasury of the United States a
trust fund to be known as the Foreign Economic Cooperation Trust
Fund. Notwithstanding any other provision of law, an amount of
$3,000,000,000, out of sums appropriated pursuant to the authorization
contained in this title shall, when appropriated, be transferred imme­
diately to the trust fund, and shall thereupon be considered as
expended during the fiscal year 1948, for the purpose of reporting
governmental expenditures. The Secretary of the Treasury shall be
the sole trustee of the trust fund and is authorized and directed to pay
out of the fund such amounts as the Administrator shall duly requisi­
tion. The first expenditures made out of the appropriations authorized
under this title in the fiscal year 1949 shall be made with funds requisi­
tioned by the Administrator out of the trust fund until the fund is
exhausted, at which time such fund shall cease to exist. The provisions
of this subsection shall not be construed as affecting the application
of any provision of law which would otherwise govern the obligation
of funds so appropriated or the auditing or submission of accounts of
transactions with respect to such funds.
BILATERAL A N D M U LT IL A TE R A L UNDERTAKINGS

S ec. 115. (a) The Secretary of State, after consultation with the
Administrator, is authorized to conclude, with individual participat­
ing countries or any number of such countries or with an organization
representing any such countries, agreements in furtherance of the
purposes of this title. The Secretary of State, before an Administra­
tor or Deputy Administrator shall have qualified and taken office, is
authorized to negotiate and conclude such temporary agreements in
implementation of subsection (b) of this section as he may deem
necessary in furtherance of the purposes of this title: Provided, That
when an Administrator or Deputy Administrator shall have qualified
and taken office, the Secretary of State shall conclude the basic agree­
ments required by subsection (b) of this section only after consulta­
tion with the Administrator or Deputy Administrator, as the case
may be.
(b)
The provision of assistance under this title results from the
multilateral pledges of the participating countries to use all their
efforts to accomplish a joint recovery program based upon self-help
and mutual cooperation as embodied in the report of the Committee
of European Economic Cooperation signed at Paris on September 22,
1947, and is contingent upon continuous effort of the participating
countries to accomplish a joint recovery program through multilateral
undertakings and the establishment or a continuing organization for
this purpose. In addition to continued mutual cooperation of the
participating countries in such a program, each such country shall




17

[P u b . L a w 472.]

conclude an agreement with the United States in order for such coun­
try to be eligible to receive assistance under this title. Such agree­
ment shall provide for the adherence of such country to the purposes
of this title and shall, where applicable, make appropriate provision,
among others, for—
(1) promoting industrial and agricultural production in order
to enable the participating country to become independent of
extraordinary outside economic assistance; and submitting for
the approval of the Administrator, upon his request and whenever
he deems it in furtherance of the purposes of this title, specific
projects proposed by such country to be undertaken in substantial
part with assistance furnished under this title, which projects,
whenever practicable, shall include projects for increased produc­
tion of coal, steel, transportation facilities, and food;
(2) taking financial and monetary measures necessary to sta­
bilize its currency, establish or maintain a valid rate of exchange,
to balance its governmental budget as soon as practicable, and
generally to restore or maintain confidence in its monetary system;
(3) cooperating with other participating countries in facili­
tating and stimulating an increasing interchange of goods and
services among the participating countries and with other coun­
tries and cooperating to reduce barriers to trade among themselves
and with other countries;
(4) making efficient and practical use, within the framework
of a joint program for European recovery, of the resources of
such participating country, including any commodities, facilities,
or services furnished under this title, which use shall include, to
the extent practicable, taking measures to locate and identify and
put into appropriate use, in furtherance of such program, assets,
and earnings therefrom, which belong to the citizens of such
country and which are situated within the United States, its
Territories and possessions;
(5) facilitating the transfer to the United States by sale,
exchange, barter, or otherwise for stock-piling or other purposes,
for such period of time as may be agreed to and upon reasonable
terms and in reasonable quantities, of materials which are
required by the United States as a result of deficiencies or poten­
tial deficiencies in its own resources, and which may be available
in such participating country after due regard for reasonable
requirements for domestic use and commercial export of such
country;
(6) placing in a special account a deposit in the currency of
such country, in commensurate amounts and under such terms
and conditions as may be agreed to between such country and
the Government of the United States, when any commodity or
service is made available through any means authorized under
this title, and is furnished to the participating country on a grant
basis. Such special account, together with the unencumbered
portions of any deposits which may have been made by such
country pursuant to section 6 of the joint resolution providing
for relief assistance to the people of countries devastated by war
(Public Law 84, Eightieth Congress) and section 5 (b) of the
Foreign Aid Act of 1947 (Public Law 389, Eightieth Congress),
shall be held or used within such country for such purposes as



I P u b . L a w 472.J

18

may be agreed to between such country and the Administrator in
consultation with the National Advisory Council on International
Monetary and Financial Problems, and the Public Advisory
Board provided for in section 107 (a) for purposes of internal
monetary and financial stabilization, for the stimulation of pro­
ductive activity and the exploration for and development of new
sources of wealth, or for such other expenditures as may be con­
sistent with the purposes of this title, including local currency
administrative expenditures of the United States incident to
operations under this title, and under agreement that any unen­
cumbered balance remaining in such account on June 30, 1952,
shall be disposed of within such country for such purposes as may,
subject to approval by Act or joint resolution of the Congress,
be agreed to between such country and the Government of the
United States;
(7) publishing in such country and transmitting to the United
States, not less frequently than every calendar quarter after the
date of the agreement, full statements of operations under the
agreement, including a report of the use of funds, commodities,
and services received under this title;
(8) furnishing promptly, upon request of the United States,
any relevant information which would be of assistance to the
United States in determining the nature and scope of operations
and the use of assistance provided under this title;
(9) recognizing the principle of equity in respect to the drain
upon the natural resources of the United States and of the recipient
countries, by agreeing to negotiate (a) a future schedule of mini­
mum availabilities to the United States for future purchase and
delivery of a fair share of materials which are required by the
United States as a result of deficiencies or potential deficiencies in
its own resources at world market prices so as to protect the access
of United States industry to an equitable 9hare of such materials
either in percentages of production or in absolute quantities from
the participating countries, and (b) suitable protection for the
right of access ror any person as defined in paragraph (iii) of
subparagraph (3) of section 111 (b) in the development of such
materials on terms of treatment equivalent to those afforded to
the nationals of the country concerned, and (c) an agreed schedule
of increased production of such materials where practicable in
such participating countries and for delivery of an agreed percent­
age of such increased production to be transferred to the United
States on a long-term basis in consideration of assistance furnished
by the Administrator to such countries under this title; and
(10) submitting for the decision of the International Court of
Justice or of any arbitral tribunal mutually agreed upon any
case espoused by the United States Government involving com­
pensation of a national of the United States for governmental
measures affecting his property rights, including contracts with
or concessions from such country.
(c)
Notwithstanding the provisions of subsection (b) of this
section, the Administrator, during the three months after the date
of enactment of this Act, may perform with respect to anj partici­
pating country any of the functions authorized under this title which



19

(P t jb . L a w 472.]

he may determine to be essential in furtherance of the purposes of
this title, if (1) such country has signified its adherence to the pur­
poses of this title and its intention to conclude an agreement
pursuant to subsection (b) of this section, and (2) he finds that
such country is complying with the applicable provisions of subsec­
tion (b) of this section: Provided, That, notwithstanding the
provisions of this subsection, the Administrator may, through June
30, 1948, provide for the transfer of food, medical supplies, fibers,
fuel, petroleum and petroleum products, fertilizer, pesticides, and
seed to any country of Europe wnich participated in the Committee
of European Economic Cooperation and which undertook pledges
to the other participants therein, when the Administrator determines
that the transfer of any such supplies to any such country is essential
in order to make it possible to carry out the purposes of this title
by alleviating conditions of hunger and cold and by preventing
serious economic retrogression.
(d) The Administrator shall encourage the joint organization of
the participating countries referred to in subsection (b) of this section
to ensure that each participating country makes efficient use of the
resources of such country, including any commodities, facilities, or
services furnished under tnis title, by observing and reviewing such
use through an effective follow-up system approved by the joint
organization.
(e) The Administrator shall encourage arrangements among the
participating countries in conjunction with the International Refugee
Organization looking toward the largest practicable utilization of
manpower available m any of the participating countries in further­
ance of the accomplishment of the purposes of this title.
( f ) The Administrator will request tne Secretary of State to obtain
the agreement of those countries concerned that such capital equipment
as is scheduled for removal as reparations from the three western zones
of Germany be retained in Germany if such retention will most effec­
tively serve the purposes of the European recovery program.
(g) It is the understanding of the Congress that, in accordance
with agreements now in effect, prisoners of war remaining in partici­
pating countries shall, if they so freely elect, be repatriated prior to
January 1,1949.
W ESTERN H E M ISPH E RE COUNTRIES

S ec. 116. The President shall take appropriate steps to encourage
all countries in the Western Hemisphere to make available to par­
ticipating countries such assistance as they may be able to furnish.
OTHER DUTIES OP T H E ADM INISTRATOR

S ec. 117. (a) The Administrator, in furtherance of the purposes
of section 115 (b) ( 5 ) , and in agreement with a participating country,
shall, whenever practicable, promote, by means of funds made avail­
able for the purposes of this title, an increase in the production in
such participating country of materials which are required by the
United States as a result of deficiencies or potential deficiencies in
the resources within the United States.
(b)
The Administrator, in cooperation with the Secretary of Com­
merce, shall facilitate and encourage, through private and public



[P u b . L a w 472.J

2 0

travel, transport, and other agencies, the promotion and development
of travel by citizens of the United States to and within participating
countries.
(c) In order to further the efficient use of United States voluntary
contributions for relief in participating countries receiving assistance
under this title in the form of grants or any of the zones ofoccupation
of Germany for which assistance is provided under this title and the
Free Territory of Trieste or either of its zones, funds made available
for the purposes of this title shall be used insofar as practicable by the
Administrator, under rules and regulations prescribed by him, to pay
ocean freight charges from a United States port to a designated foreign
port of entry (1) of supplies donated to, or purchased by, United
States voluntary nonprofit relief agencies registered with and recom­
mended by the Advisory Committee on Voluntary Foreign Aid for
operations in Europe, or (2) of relief packages conforming to such
specified size, weight, and contents, as the Administrator may prescribe
originating in the United States and consigned to an individual resid­
ing in a participating country receiving assistance under this title in
the form of grants or any of the zones of occupation of Germany for
which assistance is provided under this title and the Free Territory
of Trieste or either of its zones. Where practicable the Administrator
is directed to make an agreement with such country for the use of a
portion of the deposit of local currency placed in a special account
pursuant to paragraph 6 of subsection (b) of section 115 of this title,
for the purpose of defraying the transportation cost of such supplies
and relief packages from the port of entry of such country to the desig­
nated shipping point of consignee. The Secretary of State, after con­
sultation with the Administrator, shall make agreements where prac­
ticable with the participating countries for the free entry of such
supplies and relief packages.
(d) The Administrator is directed to refuse delivery insofar as
practicable to participating countries of commodities which go into
the production of any commodity for delivery to any nonparticipating
European country which commodity would be refused export licenses
to those countries by the United States in the interest of national se­
curity. Whenever the Administrator believes that the issuance of a
license for the export of any commodity to any country wholly or
partly in Europe which is not a participating country is inconsistent
with the purposes and provisions of this title, he shall so advise the
department, agency, or officer in the executive branch of the Govern­
ment exercising the authority with respect to such commodity granted
to the President by section 6 of the Act of July 2,1940 (54 Stat. 714),
as amended, and, if differences of view are not adjusted by consulta­
tion, the matter shall be referred to the President for final decision.
T E RM IN A TIO N OF ASSISTANCE

S ec . 118. The Administrator, in determining the form and measure
of assistance provided under this title to any participating country,
shall take into account the extent to which such country is complying
with its undertakings embodied in its pledges to other participating
countries and in its agreement concluded with the United States under
section 115. The Administrator shall terminate the provision of
assistance under this title to any participating country whenever he



21

[PTT*. L aw CTi]

determines that (1) such country is not adhering to its agreement con­
cluded under section 115, or is diverting from the purposes of this
title assistance provided hereunder? and that in the circumstances
remedial action other than termination will not more effectively pro­
mote the purposes of this title or (2) because of changed conditions,
assistance is no longer consistent with the national interest of the
United States. Termination of assistance to any country under this
section shall include the termination of deliveries of all supplies sched­
uled under the aid program for such country and not yet delivered.
E XE M P TIO N FROM CONTRACT A N D ACCOUNTING LA W S

S ec. 119. When the President determines it to be in furtherance
of the purposes of this title, the functions authorized under this title
may be performed without regard to such provisions of law regulating
the making, performance, amendment, or modification of contracts
and the expenditure of Government funds as the President may
specify.
E XEM PTION FROM CE R TA IN FEDERAL L A W 8 R E LATIN G TO E M PL O Y M E N T

S ec . 120. Service of an individual as a member of the Public
Advisory Board (other than the Administrator) created by section
107 (a], as a member of an advisory committee appointed pursuant
to section 107 (b), as an expert or consultant under section 104 (e),
or as an expert, consultant, or technician under section 124 (d), shall *
not be considered as service or employment bringing sueh individual
within the provisions of section 109 or 113 of the Criminal Code
(U. S. C., title 18, secs. 198 and 2 0 3 ), of section 190 of the Revised
statutes (U. S. C., title 5, sec. 99), or of section 19 (e) of the Contract
Settlement Act of 1944, or of any other Federal law imposing restric­
tions, 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
involving the United States.
U N ITED N A TIO N S

S ec. 121. (a) The President is authorized to request the coopera­
tion of or the use of the services and facilities of the United Nations,
its organs and specialized agencies, or other international organiza­
tions, m carrying out the purposes of this title, and may make payments,
by advancements or reimbursements, for such purposes, out of funds
made available for the purposes of this title, as may be necessary
therefor, to the extent that special compensation is usually required
for such services and facilities. Nothing in this title shall be con­
strued to authorize the Administrator to delegate to or otherwise
confer upon any international or foreign organization or agency any
of his authority to decide the method of furnishing assistance under
this title to any participating country or the amount thereof.
(b) The President shall cause to be transmitted to the Secretary
General of the United Nations copies of reports to Congress on the
operations conducted under this title.
(c) Any agreements concluded between the Uniied States and.
participating countries, or groups of such countries, in implementa


[ P u b . L a w 472.]

22

tion of the purposes of this title, shall be registered with the United
Nations if such registration is required by the Charter of the United
Nations.
T E R M IN A T IO N OF PROGRAM

S ec . 122. (a) After June 30,1952, or after the date of the passage
of a concurrent resolution by the two Houses of Congress before such
date, which declares that the powers conferred on the Administrator
by or pursuant to subsection (a) of section 111 of this title are no
longer necessary for the accomplishment of the purposes of this title,
whichever shall first occur, none of the functions authorized under
such provisions may be exercised; except that during the twelve
months following such date commodities and services with respect to
which the Administrator had, prior to such date, authorized procure­
ment for, shipment to, or delivery in a participating country, may be
transferred to such country, and funds appropriated under authority
of this title may be obligated during such twelve-month period for
the necessary expenses oi procurement, shipment, delivery, and other
activities essential to such transfer, and shall remain available during
such period for the necessary expenses of liquidating operations under
this title.
(b)
At such time as the President shall find appropriate after such
date, and prior to the expiration of the twelve months following such
date, the powers, duties, and authority of the Administrator under
* this title may be transferred to such other departments, agencies, or
establishments of the Government as the President shall specify, and
the relevant funds, records, and personnel of the Administration may
be transferred to the departments, agencies, or establishments to which
the related functions are transferred.
REPORTS TO CONGRESS

S ec . 123. The President from time to time, but not less frequently
than once every calendar quarter through June 30, 1952, and once
every year thereafter until all operations under this title have been
completed, shall transmit to the Congress a report of operations under
this title? including the text of bilateral and multilateral agreements
entered into in carrying out the provisions of this title. 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 tne case may
be, is not in session.
JO IN T CONGRESSIONAL COM M ITTEE

S ec . 124. (a) There is hereby established a joint congressional com­
mittee to be known as the Joint Committee on Foreign Economic
Cooperation (hereinafter referred to as the committee), to be com­
posed of ten members as follows:
(1)
Three members who are members of the Committee on
Foreign Relations of the Senate, two from the majority and one
from the minority party, to be appointed by the chairman of the
committee; two members who are members of the Committee on
Appropriations of the Senate, one from the majority and one



23

( P u b . L a w 472.]

from the minority party, to be appointed by the chairman of the
committee; and
(2)
Three members who are members of the Committee on
Foreign Affairs of the House, two fropi the majority and one from
the minority party, to be appointed by the chairman of the com­
mittee ; and two members who are members of the Committee on
Appropriations of the House, one from the majority and one
from the minority party, to be appointed by the chairman of the
committee.
A vacancy in the membership of the committee shall be filled in the
same manner as the original selection. The committee shall elect a
chairman from among its members.
(b) It shall be the function of the committee to make a continuous
study of the programs of United States economic assistance to foreign
countries, and to review the progress achieved in the execution and
administration of such programs. Upon request, the committee shall
aid the several standing committees of the Congress having legisla­
tive jurisdiction over any part of the programs of United States
economic assistance to foreign countries; and it shall make a report
to the Senate and the House of Representatives, from time to time,
concerning the results of its studies, together with such recommenda­
tions as it may deem desirable. The Administrator, at the request
of the committee, shall consult with the committee from time to time
with respect to his activities under this Act.
(c) The committee, or any duly authorized subcommittee thereof,
is authorized to hold such hearings, to sit and act at such times and
places, to require by subpena or otherwise the attendance of such
witnesses and the production of such books, papers, and documents,
to administer such oaths, to take such testimony, to procure such
printing and binding, and to make such expenditures as it deems
advisable. The cost of stenographic services to report such hearings
shall not be in excess of 25 cents per hundred words. The provisions
of sections 102 to 104, inclusive, of the Revised Statutes shall apply
in case of any failure of any witness to comply with any subpena or
to testify when summoned under authority of this subsection.
(d) The committee is authorized to appoint and, without regard
to the Classification Act of 1923, as amended, fix the compensation of
such experts, consultants, technicians, and organizations thereof, and
clerical and stenographic assistants as it deems necessary and advisable.
(e) There are hereby authorized to be appropriated such sums as
may be necessary to carry out the provisions of this section, to be
disbursed by the Secretary of the Senate on vouchers signed by the
chairman.
SEPARABILITY CLAUSE

S ec . 125. If any provision of this Act or the application of such
provision to any circumstances or persons shall be held invalid, the
validity of the remainder of the Act and the applicability .of such
provision to other circumstances or persons shall not be affected
thereby.
TITLE II
S ec. 201. This title m ay be cited as the “International Children’s
Emergency Fund Assistance Act of 1948".



[ P u b . L a w 473.]

24

S ec. 202. It is the purpose of this title to provide for the special
care and feeding of children by authorizing additional moneys for
the International Children’s Emergency Fund of the United Nations.
S ec. 203. The President is hereby authorized and directed any time
after the date of the enactment of this Act and before July 1, 1949,
to make contributions (a) from sums appropriated to carry out the
purposes of this title and (b) from sums appropriated to carry out
the general purposes of the proviso in the first paragraph of the first
section of the joint resolution of May 31, 1947 (Public Law 84,
Eightieth Congress), as amended, to the International Children’s
Emergency Fund of the United Nations for the special care and feeding
of children.
S ec. 204. No contribution shall be made pursuant to this title or
such ioint resolution of May 31, 1947, which would cause the sum of
(a) the aggregate amount contributed pursuant to this title and (b)
the aggregate amount contributed by tne United States pursuant to
such joint resolution of May 31, 1947, to exceed whichever of the
following sums is the lesser:
(1) 72 per centum of the total resources contributed after May
31, 1947, by all governments, including the United States, for
programs carried out under tne supervision of such Fund: Pro­
vided, That in computing the amount of resources contributed
there shall not be included. contributions by any government for
the benefit of persons located within the territory of such con­
tributing government; or

( 2) $100,000,000.
S ec. 205. Funds appropriated for the purposes of such joint resolu­
tion of May 31, 1947, shall remain available through June 30, 1949.
S ec. 206. There is hereby authorized to be appropriated to carry
out the purposes of this title for the fiscal year ending June 3 0 , 1949,
the sum of $60,000,000.

TITLE III
S ec. 301. This title may be cited as the “ Greek-Turkish Assistance
Act of 1948” .
S ec. 302. In addition to the amounts authorized to be appropriated
under subsection (b) of section 4 of the Act of M aj 22,1947 ( 61 Stat.
103), there are hereby authorized to be appropriated not to exceed
$275,000,000 to carry out the provisions of such Act, as amended.
S ec. 303. (a) Subsection (a) of section 4 of such Act of May 22,
1947, is hereby amended by adding at the end thereof the following:
“ The Reconstruction Finance Corporation is authorized and directed
to make additional advances, not to exceed in the aggregate $50,000,000,
to carry out the provisions of this Act, as amended, in such manner
and in such amounts as the President shall determine. No interest
shall be charged on advances made by the Treasury to the Reconstruc­
tion Finance Corporation for this purpose.”
(b) Subsection (b) of section 4 o f the said Act is hereby amended
by inserting after tne word “ repaid” the following: “without interest”.
S ec. 304. Subsections (2) and (3) of section 1 of such Act of May
22,1947, are hereby amended to permit detailing of persons referred to
in such subsections to the United States Missions to Greece and Turkey




25

[Pub. L aw 472.]

as well as to the governments of those countries. Section 302 of the Act
of January 27, 1948 (Public Law 402, Eightieth Congress), and sec­
tion 110 (c) of the Economic Cooperation Act of 1948 (relating to
investigations of personnel by the Federal Bureau of Investigation)
shall be applicable to any person so detailed pursuant to such subsec­
tion (2 ) of such Act of 1947 : Provided, That any military or civilian
personnel detailed under section 1 of such Act of 1947 may receive such
station allowances or additional allowances as the President may pre­
scribe (and payments of such allowances heretofore made are hereby
validated).
TITLE IV
S ec. 401. This title may be cited as the “ China Aid Act o f 1948” .
S ec. 402. Recognizing the intimate economic and other relation­

ships between the United States and China, and recognizing that
disruption following in the wake of war is not contained by national
frontiers, the Congress finds that the existing situation in China
endangers the establishment of a lasting peace, the general welfare
and national interest of the United States, and the attainment of the
objectives of the United Nations. It is the sense of the Congress
that the further evolution in China of principles of individual liberty,
free institutions, and genuine independence rests largely upon the
continuing development of a strong and democratic national govern­
ment as the basis for the establishment of sound economic conditions
and for stable international economic relationships. Mindful of the
advantages which the United States has enjoyed through the existence
of a large domestic market with no internal trade barriers, and believ­
ing that similar advantages can accrue to China, it is declared to be
the policy of the people of the United States to encourage the Republic
of China and its people to exert sustained common efforts which will
speedily achieve the internal peace and economic stability in China
which are essential for lasting peace and prosperity in the world.
It is further declared to be the policy of tne people of the United
States to encourage the Republic of China in its efforts to maintain
the genuine independence and the administrative integrity of China,
and to sustain and strengthen principles of individual liberty and free
institutions in China through a program of assistance based on selfhelp and cooperation: Provided, That no assistance to China herein
contemplated shall seriously impair the economic stability of the
United States. It is further declared to be the policy of the United
States that assistance provided by the United States under this title
should at all times be dependent upon cooperation by the Republic
of China and its people in furthering the program: Provided further,
That assistance furnished under this title shall not be construed
as an express or implied assumption by the United States of any
responsibility for policies, acts, or undertakings of the Republic of
China or for conditions which may prevail in China at any time.
S ec. 403. Aid provided under this title shall be provided under the
applicable provisions of the Economic Cooperation Act of 1948 which
are consistent with the purposes of this title. It is not the purpose of
this title that China, in order to receive aid hereunder, shall adhere to
a joint program for European recovery.




[ P u b . L a w 472.]

26

Seo. 404. (a) In order to carry out the purposes of this title, there
is hereby authorized to be appropriated to the President for aid to
China a sum not to exceed $838,000,000 to remain available for obliga­
tion for the period of one year following the date of enactment of this
Act.
(b)
There is also hereby authorized to be appropriated to the Pres­
ident a sum not to exceed $125,000,000 for additional aid to China
through grants, on such terms as the President may determine and
without regard to the provisions of the Economic Cooperation Act of
1948, to remain available for obligation for the period of one year fol­
lowing the date of enactment of this Act.
S ec. 405. An agreement shall be entered into between China and
the United States containing those undertakings by China which the
Secretary of State, after consultation with the Administrator for Eco­
nomic Cooperation, may deem necessary to carry out the purposes of
this title and to improve commercial relations with China.
S ec . 406. Notwithstanding the provisions of any other law, the
Reconstruction Finance Corporation is authorized and directed, until
such time as an appropriation is made pursuant to section 404, to
make advances, not to exceed in the aggregate $50,000,000, to carry
out the provisions of this title in such manner and in such amounts
as the President shall determine. From appropriations authorized
under section 404, there shall be repaid without interest to the Recon­
struction Finance Corporation the advances made by it under the
authority contained herein. No interest shall be charged on advances
made by the Treasury to the Reconstruction Finance Corporation in
implementation of this section.
S ec. 407. (a) The Secretary of State, after consultation with the
Administrator, is hereby authorized to conclude an agreement with
China establishing a Joint Commission on Rural Reconstruction in
China, to be composed of two citizens of the United States appointed
by the President of the United States and three citizens of China
appointed by the President of China. Such Commission shall, sub­
ject to the direction and control of the Administrator, formulate and
carry out a program for reconstruction in rural areas of China, which
shall include such research and training activities as may be necessary
or appropriate for such reconstruction: Provided, That assistance
furnished under this section shall not be construed as an express or
implied assumption by the United States of any responsibility for
mairing any further contributions to carry out the purposes of this
section.
(b)
Insofar as practicable, an amount equal to not more than 10
per centum of the funds made available under subsection (a) of sec­
tion 404 shall be used to carry out the purposes of subsection (a) of
this section. Such amount may be in United States dollars, proceeds
in Chinese currency from the sale of commodities made available to
China with funds authorized under subsection (a) of section 404, or
both.
Approved April 3, 1948.