Volume 68 · 1220
Public Law 83–778
Making appropriations for Mutual Security for the fiscal year ending June 30, 1955, and for other purposes.
Approved September 3, 1954
Statutory text
AN ACT
Making appropriations for Mutual Security for the fiscal year ending June 30, 1955, 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, 1955, namely:
MUTUAL SECURITY For expenses necessary to enable the President to carry out the provisions of the Mutual Security Act of 1954, Public Law , approved 1954 (H. R. 9678), as follows: Military assistance: For military assistance as authorized by title I, chapter 1, $1, 192,700,000 plus unobligated balances, as follows: For general military assistance authorized by section 103, $1,092,700,000 plus not to exceed $2,383,512,729 of unobligated balances; for infrastructure authorized by section 104 (a), $100,000,000, plus not to exceed $39,000,000 of unobligated balances: Provided, That such unobligated balances shall be derived from balances of appropriations heretofore made for military assistance (Europe; Near East and Africa; Asia and the Pacific; American Republics; and mutual special weapons planning): Provided further, That not to exceed $23,250,000 of such funds shall be available for administrative expenses to carry out the purposes of title I, chapter 1 until June 30, 1955: Provided further, That the military supplies and equipment (or the equivalent value thereof as the Secretary of Defense snail determine but not to exceed $200,000,000 in inventory value) which have been procured and processed for delivery to foreign areas and which subsequently are returned to the custody of the United States because of a change in the international situation, shall remain available for military assistance authorized by law, and such amounts shall be in addition to the amounts herein otherwise provided for: Provided further, That this limitation on military supplies and equipment shall not apply to capital ships for which title has passed but which have been reclaimed by the Navy Department; Southeast Asia and the Western Pacific: For assistance authorized by section 121, $700,000,000: Provided, That none of the funds appropriated in this paragraph may be used for assistance to any nation which in the opinion of the President is not making satisfactory efforts against Communist penetration and/or aggression; Production for forces support: For assistance authorized by section 122, $35,000,000, all of which shall be in the form of United States surplus agricultural commodities; Common-use items: For assistance authorized by section 123, $60,000,000; Defense support, Europe: For assistance authorized by section 131 (b) (1), $45,000,000; Special assistance in joint control areas in Europe, as authorized by section 403, $25,000,000; Defense support, Near East, Africa and South Asia: For assistance authorized by section 131 (b) (2), $73,000,000; Defense support, Far East and the Pacific: For assistance authorized by section 131 (b) (3), $80,098, 195; Korean program: For assistance authorized by section 132 (except subsection (c)), $205,000,000 and in addition, unobligated balances of the appropriation under the head “Civilian Relief in Korea” in the Department of Defense Appropriation Act, 1954, are continued available for the purposes of section 132 (a) through June 30, 1955, and are hereby consolidated with this appropriation; Contributions to United Nations Korean Reconstruction Agency: For making contributions authorized by section 132 (c), $3,000,000, and in addition, not to exceed $16,000,000 of the unobligated balances of funds heretofore made available under this head; Development assistance, Near East and Africa: For assistance authorized by section 201 (a) (1), $115,000,000; Development assistance, South Asia: For assistance authorized by section 201 (a) (2), $60,500,000; Development assistance, American Republics and non-self-governing territories of the Western Hemisphere: For assistance authorized by section 201 (a) (3), $9,000,000; Technical cooperation, general authorization: For assistance authorized by section 304, $105,000,000; Contributions to the United Nations expanded program of technical assistance: For contributions to cover the amount pledged by the United States for conducting the program during the calendar year 1954, $9,957,621: Provided, That no commitment for the calendar year 1955 or thereafter shall be pledged on behalf of the United States until the Congress appropriates for said purpose; Contributions for programs of the Organization of American States: For contributions authorized by section 306 (b), $1,500,000; Contributions to the Intergovernmental Committee for European Migration: For contributions authorized by section 405 (a), $10,000,000, and in addition, not to exceed $500,000 of the unobligated balance heretofore appropriated for “Movement of Migrants”: 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; Contributions to the United Nations children’s fund: For contributions authorized by section 406, $12,500,000 which shall constitute the total United States contribution through June 30, 1955; Contributions to the United Nations Relief and Works Agency: Not to exceed $23,063,250 of the unobligated balances of funds appropriated under the head “Palestine Refugee Program” in the Mutual Security Appropriation Act, 1954, are continued available through June 30, 1955, for the purposes authorized by section 407; Contributions to the North Atlantic Treaty Organization: For payments authorized by section 408, $1,169,000; Ocean freight charges: For payments authorized by section 409, $4,400,000; Control Act expenses: For carrying out the purposes of the Mutual Defense Assistance Control Act of 1951, as authorized by section 410, $1,175,000; Administrative expenses: For expenses authorized by section 411, $32,500,000. Funds appropriated under each paragraph of this Act (other than appropriations under the head of military assistance), including specified amounts of unobligated balances, 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 during fiscal year 1955, may be consolidated in one account for each paragraph: Provided, That any apparent recorded obligation outstanding on June 30, 1954, against any such appropriations which is not eligible for certification under the terms of section 1311 of the Supplemental Appropriation Act, 1955, may be corrected and certified under section 1311 as an obligation if approved by the Director of the Foreign Operations Administration and the Director of the Budget not later than February 1, 1955.
Sec. 102. general provisions
Appropriations in this Act for the purposes of chapters 2 and 3 of title I and titles II, III, and IV of the Mutual Security Act
Ante, pp. 837, 838, 840, 841, 843.
of 1954, and allocations to the Foreign Operations Administration, from any other appropriations shall be available for rents in the District of Columbia; expenses of attendance at meetings concerned with the purposes of such appropriations, including (not withstanding
the provision of section 9 of the Act of March 4, 1909 (31 U. S. C. 673)). expenses in connection with meetings of persons whose
Ante, p. 859.
employment is authorized by section 530 of the Mutual Security Act of 1954; employment of aliens, by contract, for services abroad; maintenance, operation, and hire of aircraft; hire of passenger motor vehicles and, in addition, passenger motor vehicles abroad may be exchanged or sold and replaced by an equal number of such vehicles and the cost, including the exchange allowance, of each such replacement shall not exceed $3,000 in the case of an automobile for the chief of any special
Ante, p. 857.
mission or staff abroad established under section 526, and $1,400 in the case of all other such passenger vehicles except station wagons; transportation of privately owned automobiles; entertainment within the United States (not to exceed $15,000); exchange of funds without regard to section 3651 of the Revised Statutes (31 U. S. C. 543); loss by exchange; expenditures (not to exceed $50,000) of a confidential character other than entertainment, provided that a certificate of the amount of each such expenditure, the nature of which it is considered inadvisable to specify, shall be made by the Director or Deputy Director of the Foreign Operations Administration, and every such certificate shall be deemed a sufficient voucher for the amount therein specified; insurance of official motor vehicles in foreign countries; rental of quarters outside the continental limits of the United States to house employees of the United States Government (without regard to section
322 of the Act of June 30, 1932, as amended (40 U. S. C. 278a)), lease, necessary repairs and alterations to quarters; actual expenses of preparing and transporting to their former homes in the United States or elsewhere the remains of persons or members of the families of persons who may die while such persons are away from their homes
Ante, p. 832.
participating in activities under the Mutual Security Act of 1954 or other Act administered by the Foreign Operations Administration; purchase of uniforms; employment of chauffeurs for passenger carrying vehicles abroad notwithstanding the provisions of any other law; medical examinations of dependents of overseas personnel or candidates for overseas positions on the same basis as for employees or candidates; payment of per diem in lieu of subsistence to persons participating in any program of furnishing technical information and assistance, while in countries other than their own and other than the continental United States, at rates not in excess of those prescribed by the Standardized Government Travel Regulations,
Ante, p. 418
notwithstanding section 107 of the Department of State Appropriation Act, 1955; expenses authorized by the Foreign Service Act of 1946, as amended
(22 U. S. C. 801–1158), not otherwise provided for; ice and drinking water for use abroad; and services of commissioned officers of the Public Health Service and of the Coast and Geodetic Survey, and for the purposes 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: Provided, That no part of the administrative expenses shall be used to pay the salary of any civilian employee at a rate greater than that paid by the State Department for comparable work or services in the same area: Provided further, That none of the funds provided herein shall be
Salary prohibition.
used to pay any employee a basic salary of $12,000 or more per annum, except that this prohibition shall not apply to two-thirds of the number of employees being paid at the basic salary of $12,000 or more per annum on June 30, 1953, and except that this prohibition shall not apply to employees receiving salaries in excess of $12,000 as the result of general pay raise legislation enacted during the fiscal year 1955, nor to not to exceed six employees assigned to the administration or implementation of the program authorized by section 132 of the Mutual
Ante, p. 838.
Security Act of 1954: Provided further, That appropriations made
Travel expenses.
under this Act shall be available for expenses in connection with travel of personnel outside the continental United States, including travel of dependents and transportation of personal effects, household goods, or automobiles of such personnel when any part of such travel or transportation begins in the current fiscal year pursuant to travel orders issued in that fiscal year, notwithstanding the fact that such travel or transportation may not be completed during the current fiscal year, and cost of transporting to and from a place of storage, and the cost of storing, the furniture and household and personal effects of an employee of the Foreign Operations Administration who is assigned to a post at which he is unable to use his furniture and effects, under such regulations as the Director of the Foreign Operations Administration may prescribe: Provided further, That no part of any appropriation contained in this Act shall be available for expense of transportation, packing, crating, temporary storage, drayage, and unpacking of household goods and personal effects in excess of an average of five thousand pounds net but not exceeding nine thousand pounds net in any one shipment, but the limitations imposed herein shall not be applicable in the case of employees transferred to or serving in stations outside the continental United States under orders relieving them from a duty station within the United States prior to August 1, 1953.
Sec. 103.
Payments made from funds appropriated herein for
Engineering fees; report to Congress.
engineering 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.
Pursuant to section 1415 of the Supplemental Appropriation Act, 1953. and in addition to other amounts made available pursuant
to said section, not to exceed the equivalent of $25,000,000 of foreign currencies or credits owed to or owned by the United States shall remain available until expended, without reimbursement to the Treasury, for liquidation of obligations incurred against such currencies or credits prior to July 1, 1953, pursuant to authority contained in the Mutual Security Act of 1951, as amended, and Acts for
which funds were authorized by that Act and hereafter, foreign currencies generated under the provisions of this Act shall be utilized only for the purposes for which the funds providing the commodities which generated the currency were appropriated (except as specifically provided in section 109 of this Act): Provided, That the proviso in section 502 (b) of the Mutual Security Act of 1954 is
Ante, p. 850.
amended as follows: (1) Strike out “Committee on Rules and Administration of the Senate” and insert “Committee on Appropriations of the Senate”.
Sec. 105.
None of the funds provided by this Act nor any of the
Foreign debts, restriction.
counterpart funds generated as a result of assistance under this 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 withdrawn by any recipient country to make payment on
European Payments Union.
such debts: Provided, That none of the funds herein appropriated shall be used to make up any deficit to the European Payments Union for any nation of which a dependent area fails to comply with any treaty to which the United States and such dependent area are parties and said failure to comply has been adjudicated adversely to said nation in any court of competent jurisdiction nor shall any of the counterpart funds generated as a result of assistance under this Act be made available to such nation.
Sec. 106.
The Director shall, in providing for the procurement of
Transportation on U. S. flag vessels.
commodities under authority of this Act, 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 Act and transported abroad on ocean vessels, is so transported on United States flag vessels to the extent such vessels are available at market rates.
Sec. 107.
Funds made available pursuant to this Act may not be
Procurement outside U. S.
used for the procurement of equipment or materials outside the United States unless the President or an official of Cabinet rank designated by him determines that such procurement will not result in one or more of the following conditions:
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;
Production of such equipment or materials outside the United States under inadequate safeguards against sabotage or the release to potential enemies of information detrimental to the security of the United States;
Unjustifiable cost in comparison with procurement in the United States; and
Delays in delivery incompatible with United States defense objectives.
Sec. 108.
Not more than 25 per centum of any funds made available
Restriction on obligations.
by this Act shall be obligated during the last two months of the fiscal year.
Sec. 109.
$55,000,000 of the unobligated balances continued available
Surplus agricultural commodities.
under this Act shall be available only for the procurement and sale, in accordance with provisions of section 402 of the Mutual Security Act of 1954, of surplus agricultural commodities as assistance to Spain during the current fiscal year: Provided, That 80 per centum of the foreign currencies generated hereunder shall be used to strengthen and improve the civilian economy of Spain, the balance to be available for use of the United States: Provided, however, That this provision shall not be construed as a precedent or as an abrogation of any agreement heretofore entered into.
Sec. 110.
Funds heretofore or hereafter allocated to the Department
Ante, p. 843.
of Defense
Funds allocated to Defense Department.
Accounting, etc.
from any appropriation for military assistance (except funds obligated directly against any such appropriation for offshore procurement or other purposes) shall be accounted for by geographic area and by country 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 administration of military assistance). Within the limits of amounts available from funds so allocated, the Department of Defense is authorized to incur, in applicable appropriations, obligations 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 obligations so incurred. Unobligated amounts of such allocations equal to the value of orders placed with the military departments against such allocations during the current fiscal year shall be reserved and shall remain available until June 30, 1957, for making such reimbursements (except in case of funds obligated directly against such allocations) only upon the basis of materials delivered and services rendered: Provided, That reports of items to be
Reports to Congress.
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 beginning with the period ending December 31, 1954, 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
Restriction on reimbursements.
reimbursements for materials 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 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 returned to the appropriation from which allocated: Provided further, That funds appropriated in this Act for military assistance (including specified amounts of unobligated balances), and amounts certified pursuant to section 1311 of the Supplemental Appropriation Act, 1955, as having been
Ante, p. 830.
obligated against appropriations heretofore made for such purposes, shall be maintained in one account which shall be used for all transactions involving military assistance during the current fiscal year, and no expenditures shall be made from such account except as may be within the limits of the sum of the amounts mentioned in this proviso: Provided further, That any apparent recorded obligation exceeding $5,000,000, outstanding on June 30, 1954, which is not eligible for certification under the terms of section 1311 of the Supplemental Appropriation Act, 1955, may be corrected and certified under section 1311 as an obligation if approved by the Secretary of Defense and the Director of the Budget not later than February 1, 1955: Provided further, That nothing in this Act shall be construed as making any appropriation or fund available for obligation after June 30, 1955, except as may be necessary for reimbursements authorized herein or as authorized by the Mutual Security Act of 1954.
Ante, p. 832.
Sec. 111.
The appropriations, authorizations, and authority with
Availability of funds, etc.
respect thereto in this Act shall be available from July 1, 1954, for the purposes provided in such appropriations, authorizations, and authority. All obligations incurred during the period between June 30, 1954, and the date of enactment of this Act in anticipation of such Appropriations, authorizations, and authority are hereby ratified and confirmed if in accordance with the terms hereof and the terms of Public Law 475, Eighty-third Congress.
Ante, p. 448.
Sec. 112.
Not to exceed $30,000 of the funds appropriated in this Act shall be used to carry out the purposes of section 416 of the
Ante, p. 849.
Mutual Security Act of 1954.
Sec. 113.
No part of any appropriation contained in this Act shall
Strikes or overthrow of Government.
be used to pay the salary or wages of any person who engages in a strike against the Government of the United States or who is a member of an organization of Government employees that asserts the right to strike against the Government of the United States, or who advocates, or is a member of an organization that advocates, the overthrow of the Government of the United States by force or violence:
Affidavit.
Provided, That for the purposes hereof an affidavit shall be considered prima facie evidence that the person making the affidavit has not contrary to the provisions of this paragraph engaged in a strike against the Government of the United States, is not a member of an organization of Government employees that asserts the right to strike against the Government of the United States, or that such person does not advocate, and is not a member of an organization that advocates, the overthrow of the Government of the United States by force or
Penalty.
violence: Provided further, That any person who engages in a strike against the Government of the United States or who is a member of an organization of Government employees that asserts the right to strike against the Government of the United States, or who advocates, or who is a member of an organization that advocates, the overthrow of the Government of the United States by force or violence and accepts employment the salary or wages for which are paid from any appropriation or fund contained in this or any other Act shall be guilty of a felony and, upon conviction, shall be fined not more than $1,000 or imprisoned for not more than one year, or both: Provided further, That the above penalty clause shall be in addition to, and not in substitution for, any other provisions of existing law.
This Act may be cited as the “Mutual Security Appropriation Act,
Short title.
1955”.
Approved September 3, 1954.