Committee Prints

from deduction and withholding under subsection (a) the compensation for personal services of

"(A) nonresident alien individuals who enter and leave the United States at frequent intervals, and

"(B) a nonresident alien individual for the period he is temporarily present in the United States as a nonimmigrant under subparagraph (F) or (J) of section 101 (a) (15) of the Immigration and Nationality Act, as amended."

(e) (1) Section 3121 (b) of the Internal Revenue Code of 1954 relating to the definition of employment for purposes of the Federal Insurance Contributions Act) is amended

(A) by striking out "or" at the end of paragraph (17);

(B) by striking out the period at the end of paragraph (18) and inserting in lieu thereof"; or"; and

(C) by adding at the end thereof the following new paragraph: "(19) Service which is performed by a nonresident alien individual for the period he is temporarily present in the United States as a nonimmigrant under subparagraph (F) or (J) of section 101 (a) (15) of the Immigration and Nationality Act, as amended, and which is performed to carry out the purpose specified in subparagraph (F) or (J), as the case may be.' (2) Section 210(a) of the Social Security Act, as amended, is amended

(A) by striking out "or" at the end of paragraph (17); (B) by striking out the period at the end of paragraph (18) and inserting in lieu thereof"; or"; and

(f) Section 3306 (c) of the Internal Revenue Code of 1954 (relating to the definition of employment for purposes of the Federal Unemployment Tax Act) is amended

(1) by striking out "or" at the end of paragraph (16);

(2) by striking out the period at the end of paragraph (17) and inserting in lieu thereof"; or"; and

(3) by adding at the end thereof the following new paragraph: "(18) Service which is performed by a nonresident alien individual for the period he is temporarily present in the United States as a nonimmigrant under subparagraph (F) or (J) of section 101 (a) (15) of the Immigration and Nationality Act, as amended, and which is performed to carry out the purpose specified in subparagraph (F) or (J), as the case may be." (g) (1) Section 3401 (a) (6) of the Internal Revenue Code of 1954 (relating to the definition of wages for purposes of withholding of income tax at source) is amended by adding at the end thereof the following new subparagraph:

"(C) an individual who is temporarily present in the United States as a nonimmigrant under subparagraph (F) or (J) of section 101 (a) (15) of the Immigration and Nationality Act, as

amended, if such remuneration is exempt, under section 1441 (c) (4) (B), from deduction and withholding under section 1441 (a), and is not exempt from taxation under section 872(b) (3), or”. (2) Section 3402 (f) of such Code (relating to withholding exemptions) is amended by adding at the end thereof the following new paragraph:

"(6) EXEMPTION OF CERTAIN NONRESIDENT ALIENS.-Notwithstanding the provisions of paragraph (1), a nonresident alien individual (other than an individual described in section 3401(a) (6) (A) or (B)) shall be entitled to only one withholding exemption."

(h) (1) The amendments made by subsections (a), (b), and (c) of this section shall apply to taxable years beginning after December 31, 1961.

(2) The amendments made by subsection (d) of this section shall apply with respect to payments made after December 31, 1961.

(3) The amendments made by subsections (e) and (f) of this section shall apply with respect to service performed after December 31,

1961.

(4) The amendments made by subsection (g) of this section shall apply with respect to wages paid after December 31, 1961. SEC. 111. (a) There are hereby repealed

(1) Section 32 (b) (2) of the Surplus Property Act of 1944, as amended (60 Stat. 754, 50 U.S.C. App. Sec. 1641);

(2) Sections 2(2), 201, 203 insofar as it relates to schools, 601, 602 and 603 insofar as they relate to the Advisory Commission on Educational Exchange, 1001 insofar as it relates to persons employed or assigned to duties under this Act, and 1008 and 1009 insofar as they relate to educational exchange activities, of the United States Information and Educational Exchange Act of 1948, as amended (62 Stat. 6; 22 U.S.C. sections 1431 (2); 1434, 1439, 1440, 1446, 1448, 1466, 1467, and 1468);

(3) The International Cultural Exchange and Trade Fair Participation Act of 1956 (70 Stat. 778; 22 U.S.C. 1991-2001);

(4) The joint resolution of August 24, 1949, authorizing the use of Finnish World War I debt payments available for educational and technical instruction, and so forth (63 Stat. 630; 20 U.S.C. 222-224).

(b) All Executive orders, agreements, determinations, regulations, contracts, appointments, and other actions issued, concluded, or taken under authority of any provisions of law repealed by subsection (a) of this section shall continue in full force and effect, and shall be applicable to the appropriate provisions of this Act until modified or superseded by appropriate authority.

(c) Any reference in any other Act to the provisions of law listed in subsection (a) shall hereafter be considered to be references to the appropriate provisions of this Act.

APPENDIX II-EXECUTIVE ORDER 11185

Published October 20, 1964 as 29 F.R. 14399

TO FACILITATE COORDINATION OF FEDERAL EDUCATION PROGRAMS Whereas sound public policy requires a continuing appraisal of the relation of Federal educational activities to the educational needs and goals of the Nation and to its educational systems and institutions; and Whereas the scope of, and program outlays for, Federal educational activities have been expanded greatly and have a significant influence on education in this country and on the American people; and Whereas many Federal agencies are involved both directly and indirectly in carrying on educational programs either as Federal activities or in cooperation with State and local units of government;

and Whereas closer coordination of Federal educational activities will facilitate the resolution of common problems and otherwise promote effective planning and management of such activities; and Whereas, under the direction of the Secretary of Health, Education, and Welfare (hereinafter referred to as the Secretary), the Office of Education is directed by law to collect data on the progress of education, provide information to aid in the maintenance of efficient school systems, and otherwise promote the cause of education through the country (14 Stat. 434; 20 U.S.C. 1):

Now, therefore, by virtue of the authority vested in me as President of the United States, it is hereby ordered as follows:

SECTION 1. Functions of the Secretary of Health, Education, and Welfare. The Secretary, with the assistance of the Commissioner of Education (hereinafter referred to as the Commissioner), shall identify the education needs and goals of the Nation and from time to time shall recommend to the President policies for promoting the progress of education.

SEC. 2. Functions of the Commissioner of Education. Under the direction of the Secretary, the Commissioner shall:

(a) study the current effects of Federal activities upon the educational programs of State, local and nonprofit educational institutions, assess future trends of such activities, and (taking into consideration the relationship between education and policies in fields such as manpower development, defense, military manpower, economic growth, and science) develop recommendations for educational activities, or for coordination of policies affecting such activities;

(b) exercise leadership in seeking timely resolution of differences of opinion concerning policies or administrative practices

with respect to Federal educational activities affecting educational institutions;

(c) make appropriate arrangements for obtaining advice and information, including establishment of ad hoc working groups to consider special problems, and utilizing existing interagency machinery wherever appropriate; and

(d) exercise initiative in obtaining pertinent and consistent data permitting an overview of Federal educational activities. SEC. 3. Agency responsibilities. The heads of Federal agencies, as to their respective education related programs, shall:

(a) insofar as practicable, take such actions as may be necessary to assure: (1) conformity of their programs with the educational goals and policies of the Nation, as identified by the Secretary, and (2) consistent administrative policies and practices among Federal agencies in the conduct of similar programs;

(b) keep each other fully and currently informed in order to achieve coordinated planning and prevent unnecessary duplication of activities;

(d) cooperate with the Secretary and the Commissioner in the conduct of such studies and analyses as may be necessary to carry out the responsibilities and duties assigned by this order. To this end the heads of Federal agencies shall maintain information on current and planned activities that can readily be analyzed in conjunction with information on related activities of other Federal agencies.

SEC. 4. Establishment and functions of a Federal Interagency Committee on Education. (a) There is hereby established a "Federal Interagency Committee on Education" (hereinafter referred to as the "Committee").

(b) The Committee shall advise the Secretary, the Commissioner, and the heads of Federal agencies in connection with the responsibilities assigned to them by this order.

(c) The Committee shall be composed of the Commissioner, who shall be the chairman, and one appropriate representative of each of the following: the Department of State, the Department of Defense, the Department of Agriculture, the Department of Labor, the National Science Foundation, the Atomic Energy Commission, and the National Aeronautics and Space Administration.

(d) The chairman may invite Federal agencies additional to those which are represented on the Committee under the provisions of subsection (c), above, to designate representatives to participate in meetings of the Committee on matters of substantial interest to such agencies which are to be considered by the Committee.

(e) The Director of the Bureau of the Budget, the Chairman of the Council of Economic Advisers, and the Director of the Office of Science and Technology may each designate a member of his staff to attend meetings of the Committee as an observer.

(f) Each Federal agency which is represented on the Committee under the provisions of subsection (c), above, including the Department of Health, Education, and Welfare, shall furnish necessary assistance to the Committee in accordance with Section 214 of the Act of May 3, 1945, 59 Stat. 134 (31 U.S.C. 691).

SEC. 5. Construction. Nothing in this order shall be construed as subjecting any Federal agency, or any function vested by law in, or assigned pursuant to law to, any Federal agency, to the authority of any other Federal agency, or as abrogating or restricting any such function in any manner.

SEC. 6. Definition. Except as may be inconsistent with the provisions of this order or otherwise inappropriate, the term "Federal agency", as used herein, includes any department or other agency or instrumentality (including officers) of the executive branch of the Government of the United States. LYNDON B. JOHNSON

THE WHITE HOUSE,

October 16, 1964.

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