the purposes of this chapter, any part of any appropriations available to the Department for carrying out the purposes of this chapter, for direct expenditure or as a working fund, and any such expenditures may be made under the specific authority contained in this chapter or under the authority governing the activities of the Government agency to which a part of any such appropriation is transferred, provided the activities come within the scope of this chapter. (Jan. 27, 1948, ch. 36, title VII, § 702, 62 Stat. 11.) § 1478. Reimbursement of program expenses from sources other than appropriations; disposition of receipts. The Secretary shall, when he finds it in the public interest, request and accept reimbursement from any cooperating governmental or private source in a foreign country, or from State or local governmental institutions or private sources in the United States, for all or part of the expenses of any portion of the program undertaken hereunder. The amounts so received shall be covered into the Treasury as miscellaneous receipts. (Jan. 27, 1948, ch. 36, title IX, § 901, 62 Stat. 13.) § 1479. Advancement of funds, property, or services by foreign governments; disposition; availability; return of unexpended balances or property. If any other government shall express the desire to provide funds, property, or services to be used by this Government, in whole or in part, for the expenses of any specific part of the program undertaken pursuant to this chapter, the Secretary is authorized, when he finds it in the public interest, to accept such funds, property, or services. Funds so received may be established as a special deposit account in the Treasury of the United States, to be available for the specified purpose, and to be used for reimbursement of appropriations or direct expenditure, subject to the provisions of this chapter. Any unexpended balance of the special deposit account and other property received under this section and no longer required for the purposes for which provided shall be returned to the government providing the funds or property. (Jan. 27, 1948, ch. 36, title IX, § 902, 62 Stat. 13.) § 1480. Maximum rates of per diem in lieu of subsistence payable to foreign participants. The Secretary of State, with the approval of the Bureau of the Budget, shall prescribe the maximum rates (not to exceed $12 per day) of per diem in lieu of subsistence (or of similar allowances therefor) payable while away from their own countries to foreign participants in any exchange of persons program, or in any program of furnishing technical information and assistance, under the jurisdiction of any Government agency, and said rates may be fixed without regard to any provision of law in limitation thereof. (July 10, 1952, ch. 651, title I, § 109, 66 Stat. 555.) CODIFICATION Section was enacted as part of the Department of State Appropriation Act, act July 10, 1952, and not as a part of the "United States Information and Educational Exchange Act of 1948" which comprises this chapter. 1507. Special missions for each participating country. (a) Chief of mission; duties; appointment and rank; compensation and allowances. (b) Repealed. (c) Office space and facilities. (d) Operation in occupied Germany and Free Territory of Trieste. 1508. Personnel performing outside United States. (a) Pay and allowances; assignment to Foreign Service Reserve or Staff. (b) Employment of aliens. (c) Repealed. 1509. Assistance to participating countries. (a) Nature and methods; terms and conditions. (c) Assistance by grants; payments-in-cash, or 1510. Protection of domestic economy. (a) Minimization of procurement in United States. SUBCHAPTER I.-ASSISTANCE TO EUROPEAN COUNTRIES GENERAL AREA OF CHINA, AND PHILIPPINES; APPROPRIATION FOR FISCAL YEAR 1953 Economic and technical assistance in general area of China, and Republic of Philippines, for fiscal year 1953, availability of such 1953 appropriation under applicable provisions of this subchapter, and availability until June 30, 1953 of unexpended balances of certain prior appropriations, see section 1702 of this title. §§ 1501, 1502. Repealed. Oct. 10, 1951, ch. 479, title V, § 503 (b) (1), as added June 20, 1952, ch. 449, § 7 (c), 66 Stat. 144. Section 1501, acts Apr. 3, 1948, ch. 169, title I, § 102, 62 Stat. 137; Apr. 19, 1949, ch. 77, § 1, 63 Stat. 50; June 5 1950, ch. 220, title I, § 102, 64 Stat. 198, related to congressional declarations and findings and is now covered by chapter 22 of this title. Section 1502, act Apr. 3, 1948, ch. 169, title I, § 103, 62 Stat. 138, related to participating countries and is now covered by chapter 22 of this title. § 1503. Economic Cooperation Administration. (a)-(d) Repealed. Oct. 10, 1951, ch. 479, title V, § 503 (b) (1), as added June 20, 1952, ch. 449, § 7 (c), 66 Stat. 144. (e) Employment of personnel. Any department, agency, or establishment of the Government (including, whenever used in this subchapter, any corporation which is an instrumentality of the United States) performing functions under this subchapter 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 subchapter, and funds available pursuant to section 1512 of this titl shall be available for personal services in the Distric of Columbia and elsewhere without regard to section 947 (a) of Title 5. Of such personnel employed by the Administration, not to exceed one hundred may be compensated without regard to the provi sions of the Classification Act of 1949, of whom no more than twenty-five may be compensated at rate in excess of the highest rate authorized by suc Act, but not in excess of $15,000 per annum. perts and consultants or organizations thereof, as authorized by section 55a of Title 5, may be employed by the Administration, and individuals so employed may be compensated 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) Rules and regulations. 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 subchapter, 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. (Apr. 3, 1948, ch. 169, title I, 104, 62 Stat. 138; Apr. 19, 1949, ch. 77, § 2, 63 Stat. 50: Oct. 28, 1949, ch. 782, title XI, § 1106 (a), 63 Stat. 972; Oct. 10, 1951, ch. 479, title V, § 503 (b) (1), as added June 20, 1952, ch. 449, § 7 (c), 66 Stat. 144.) REFERENCES IN TEXT The Classification Act of 1949, referred to in the text, is classified to chapter 21 of Title 5, Executive Departments and Government Officers and Employees. AMENDMENTS 1952-Subsecs. (a)-(d) repealed by act June 20, 1952. Subsecs. (a)-(c), related to establishment of Economic Cooperation Administration, appointment and compensation of Administrator and Deputy Administrator, and interim management prior to the appointment of the Administrator. Subsec. (d) related to creation of corporation; its powers, duties and liabilities; its termination date, and its capital stock. 1949-Act Oct. 28, 1949, substituted the "Classification Act of 1949" in lieu of the "Classification Act of 1923". 1949 Subsec. (e) amended by act Apr. 19, 1949, which struck out "$10,000 per annum" and inserted in lieu thereof "the highest rate authorized by such act" in secend sentence. SHORT TITLE OF CHAPTER Congress in enacting this chapter, sections 1409 and 1410 of this title, and amendments to sections 286b, and 1404 of this title, provided by section 1 of act Apr. 3, 1948, that they should be popularly known as the "Forsign Assistance Act of 1948." Members of Congress in debate and the newspapers have popularized this act by the names "European Recovtry Program" and the "Marshall Plan." SHORT TITLE OF SUBCHAPTER Congress in enacting this subchapter provided by section 101 of act Apr. 3, 1948, that it should be popularly known as the "Economic Cooperation Act of 1948." SEPARABILITY CLAUSE Section 125 of Act Apr. 3, 1948, provided: "If any proon of this Act [this chapter] or the application of Each provision to any circumstances or persons shall be Qeld invalid, the validity of the remainder of the Act [this hapter] and the applicability of such provision to other rcumstances or persons shall not be affected thereby." MUTUAL SECURITY ASSISTANCE Purposes of this subchapter extended to include mutual Burity assistance, see section 1651 of this title. BOLISHMENT OF ADMINISTRATION AND TRANSFER OF POWERS AND FUNCTIONS OF ADMINISTRATOR TO DIRECTOR FOR MUTUAL SECURITY Abolishment of Economic Cooperation Administration nd transfer of Administrator's powers and functions to Mrector for Mutual Security, see section 1653 (a) of this itle. TRANSFER OF ECA PERSONNEL TO MUTUAL SECURITY AGENCY Transfer of personnel of the Economic Cooperation Administration, and records and property thereof, to Mutual Security Agency, functions, duties, and compensation, and restriction on number employed see section 1655 of this title. § 1504. General functions of Administrator. (a), (b) Repealed. Oct. 10, 1951, ch. 479, title V, § 503 (b) (1), as added June 20, 1952, ch, 449, § 7 (c), 66 Stat. 144. (c) The Administrator and the department, agency, or officer in the executive branch of the Government exercising the authority granted to the President by the Export Control Act of 1949, 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. Whenever the Administrator believes that any action, proposed action, or failure to act on the part of such department, agency, or officer in performing functions under this subchapter is inconsistent with the purposes and provisions of this subchapter, he shall consult with such department, agency, or officer and, if differences of view are not adjusted by consultation, the matter shall be referred to the President for final decision. (Apr. 3, 1948, ch. 169, title I, § 105, 62 Stat. 140; Apr. 19, 1949, ch. 77, § 3, 63 Stat. 50; Oct. 10, 1951, ch. 479, title V, § 503 (b) (1), as added June 20, 1952, ch. 449, § 7 (c), 66 Stat. 144.) REFERENCES IN TEXT The Export Control Act of 1949, referred to in text of subsection (c) of this section, has been classified to sections 2021-2032 of Appendix to Title 50, War and National Defense. AMENDMENTS 1952 Subsecs. (a), (b) repealed by act June 20, 1952. Subsec. (a) related to certain functions vested in the Administrator. Subsec. (b) related to transmission of information between the Administrator and the Secretary of State. 1949-Subsec. (c) amended by act Apr. 19, 1949, which struck out "section 701 of Appendix to Title 50" and inserted in lieu thereof "the Export Control Act of 1949." ABOLISHMENT OF ADMINISTRATION AND TRANSFER OF POWERS AND FUNCTIONS OF ADMINISTRATOR TO DIRECTOR FOR MUTUAL SECURITY Abolishment of Economic Cooperation Administration and transfer of Administrator's powers and functions to Director for Mutual Security, see section 1653 (a) of this title. EXECUTIVE ORDER NO. 9943 Ex. Ord. No. 9943, April 9, 1948, 13 F. R. 1975, set out as a note under this section, was superseded by Ex. Ord. No. 10387, Aug. 25, 1952, 17 F. R. 7799, set out as a note under section 1675 of this title. § 1505. Public Advisory Board; composition; qualifications; appointment; compensation; expenses; meetings; additional advisory committees. (a) There is 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 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 subchapter, 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 committees as he may determine to be necessary or desirable to effectuate the purposes of this subchapter. (Apr. 3, 1948, ch. 169, title I, § 107, 62 Stat. 141.) ABOLISHMENT OF ADMINISTRATION AND TRANSFER OF POWERS AND FUNCTIONS OF ADMINISTRATOR TO DIRECTOR FOR MUTUAL SECURITY Abolishment of Economic Cooperation Administration and transfer of Administrator's powers and functions to Director for Mutual Security, see section 1653 (a) of this title. § 1506. Repealed. Oct. 10, 1951, ch. 479, title V, § 503 (b) (1), as added June 20, 1952, ch. 449, § 7 (c), 66 Stat. 144. Section, acts Apr. 3, 1948, ch. 169, title I, § 108, 62 Stat. 141; Apr. 19, 1949, ch. 77, § 4, 63 Stat. 50, related to the United States Special Representative and Deputy Representative abroad, and is now covered by chapter 22 of this title. § 1507. Special missions for each participating coun try (a) Chief of mission; duties; appointment and rank; compensation and allowances. There shall be established for each participating country, except as provided in subsection (d) of this section, a special mission for economic cooperation under the direction of a chief who shall be responsible for assuring the performance within such country of operations under this subchapter. 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; and the chief of the special mission shall be entitled to receive the same compensation and allowances as a chief of mission, class 3, or a chief of mission, class 4, within the meaning of chapter 14 of this title, or compensation and allowances in accordance with section 1508 (a) of this title, as the Administrator shall determine to be necessary or appropriate. (b) Repealed. Oct. 10, 1951, ch. 479, title V, § 503 (b) (1), as added June 20, 1952, ch. 449, § 7 (c), 66 Stat. 144. (c) Office space and facilities. The Secretary of State shall provide such office space, facilities, and other administrative services for the United States Special Representative 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) Operation in occupied Germany and Free Territory of Trieste. 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 subchapter, in order to enable the Administrator to carry out his responsibility to assure the accomplishment of the purposes of this subchapter. (Apr. 3, 1948, ch. 169, title I, § 109, 62 Stat. 142; Apr. 19, 1949, ch. 77, § 5, 63 Stat. 51; Oct. 10, 1951, ch. 479, title V, § 503 (b) (1), as added June 20, 1952, ch. 449, § 7 (c), 66 Stat. 144.) AMENDMENTS 1952-Subsec. (b) related to interchange of information between chiefs of special and diplomatic missions, and was repealed by act June 20, 1952. 1949-Subsec. (a) amended by act Apr. 19, 1949, to provide for compensation and allowances of chief of special mission. ABOLISHMENT OF ADMINISTRATION AND TRANSFER OF POWERS AND FUNCTIONS OF ADMINISTRATOR TO DIRECTOR FOR MUTUAL SECURITY Abolishment of Economic Cooperation Administration and transfer of Administrator's powers and functions to Director for Mutual Security, see section 1653 (a) of this title. § 1508. Personnel performing outside United States(a) Pay and allowances; assignment to Foreign Service Reserve or Staff. For the purpose of performing functions under this subchapter outside the continental limits of the United States the Administrator may (1) employ persons who shall receive compensation at any of the rates provided for the Foreign Service Reserve and Staff by chapter 14 of this title, together with 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 this subchapter, and the Secretary of State may assign, transfer, or promote such persons upon the recommendation of the Administrator. Persons so appointed to the Foreign Service Staff shall be entitled to the benefits of section 928 of this title. (b) Employment of aliens. For the purpose of performing functions under this subchapter outside the continental limits of the United States, the Secretary of State may, at the request of the Administrator, appoint, for the duration of operations under this subchapter, alien clerks and employees in accordance with applicable provisions of chapter 14 of this title. (c) Repealed. Oct. 10, 1951, ch. 479, title V, § 503 (b) (1), as added June 20, 1952, ch. 449, § 7 (c), 66 Stat. 144. (Apr. 3, 1948, ch. 169, title I, § 110, 62 Stat. 142; Apr. 5, 1952, ch. 159, § 1, 66 Stat. 43; Oct. 10, 1951, ch. 479, title V, § 503 (b) (1), as added June 20, 1952, ch. 449, § 7 (c), 66 Stat. 144.) AMENDMENTS 1952 Subsec. (c) related to loyalty and security investigation of employees, and was repealed by act June 20, 1952. Subsec. (c) amended by act Apr. 5, 1952, which substituted the "Civil Service Commission" for the "Federal Bureau of Investigation". ABOLISHMENT OF ADMINISTRATION AND TRANSFER OF POWERS AND FUNCTIONS OF ADMINISTRATOR TO DIRECTOR FOR MUTUAL SECURITY Abolishment of Economic Cooperation Administration and transfer of Administrator's powers and functions to Director for Mutual Security, see section 1653 (a) of this title. TRANSFER OF ECA PERSONNEL TO MUTUAL SECURITY AGENCY Transfer of personnel of the Economic Cooperation Administration, and records and property thereof, to Mutual Security Agency, functions, duties, and compensation, and restriction on number employed, see section 1655 of this title. § 1509. Assistance to participating countries-(a) Nature and methods; terms and conditions. The Administrator may, from time to time, furnish assistance to any participating country by providing for the performance of any of the functions set forth in paragraphs (1)—(5) of this subsection when he deems it to be in furtherance of the purposes of this subchapter, and upon the terms and conditions set forth in this subchapter and such additional terms and conditions consistent with the provisions of this subchapter 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 sections 1611-1614, and 1615-1648 of Appendix to Title 50 for their own use, of any commodity which he determines to be required for the furtherance of the purposes of this subchapter. As used in this subchapter, the term "commodity" means any commodity, material, article, supply, or goods necessary for the purposes of this subchapter. (2) Processing, storing, transporting, and repairing any commodities, or performing any other services with respect to a participating country which he determines to be required for accomplishing the purposes of this subchapter. The Administrator shall, in providing for the procurement of commodities under authority of this subchapter, take such steps as may be necessary to assure, as far as is practicable, that at least 50 per centum of the gross tonnage of commodities procured out of funds made available under this subchapter and transported to or from the United States on ocean vessels, computed separately for dry bulk carriers, dry cargo liner and tanker services, is so transported on United States flag vessels to the extent such vessels are available at market rates for United States flag vessels; and, in the administration of this provision, the Admin istrator shall, insofar as practicable and consistent with the purposes of this subchapter, endeavor to secure a fair and reasonable participation by United States flag vessels in cargoes by geographic area. (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 projects designed to carry out the purposes of this subchapter, which have been submitted to the Administrator by participating countries and have been approved by him. (b) Utilization of private channels of trade; terms and conditions. In order to facilitate and maximize the use of private channels of trade, subject to adequate safeguards to assure that all expenditures in connection with such procurement are within approved programs 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 section 203 of Title 31 and section 15 of Title 41 and shall constitute obligations of applicable appropriations); and (ii) withdrawals may be made by participating countries, or agencies or organizations representing participating countries or by other persons or organizations, upon presentation of contracts, invoices, or other documentation specified by the Administrator under arrangements prescribed by the Administrator to assure the use of such withdrawals for purposes approved by the Administrator. Such accounts may be established on the books of the Administration, 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 expenditures 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 Administrator may prescribe in regulations promulgated by him with the approval of the Comptroller General of the |