SEC. 3. (a) The Administrator for Economic Cooperation is hereby authorized to furnish assistance to the Republic of Korea in conformity with Korea. 62 Stat. 137; (1) the provisions of the Economic Coopera- 22 U. S. C. tion Act of 1948, as amended, wherever such provi-1501 note. sions are applicable and not inconsistent with the intent and purposes of this section 3; and (2) the agreement on aid between the United States of America and the Republic of Korea signed December 10, 1948, or any supplementary or succeeding agreement which shall not substantially alter the basic obligations of either party. (b) Notwithstanding the provisions of any other law, the Administrator shall immediately terminate aid under this section in the event of the formation in the Republic of Korea of a coalition government which includes one or more members of the Communist Party or of the party now in control of the government of northern Korea. (c) Notwithstanding the provisions of any other law, the Administrator is authorized to make available to the Republic of Korea merchant vessels of tonnage not in excess of two thousand five hundred gross tons each, in a number not to exceed ten at any one time, with a stipulation that such vessels shall be operated only in east Asian waters and must be returned forthwith upon demand of the Administrator and in any event not later than June 30, 1952.10 Any agency of the United States Government owning or operating any such vessel is authorized to make such vessel available to the Administrator for the purposes of this section upon his application, notwithstanding the provisions of any other law and without reimbursement by the Administrator, and title to any such vessel so supplied shall remain in the United States Government. NOTE.-Section 303 of the Mutual Security Act of 1951, as amended, provides: "(e) The functions of the Administrator for Economic Cooperation under the provisons of section 3 of the Far Eastern Economic Assistance Act of 1950, as amended (22 U. S. C. 1551), shall hereafter be performed by such departments or agencies of the Government as the President shall direct." 62 Stat., Pt. 3, 3788, T. 1. A. S. 1908. Merchant vessels. authorized. (d) In order to carry out the provisions of this sec- Appropriation tion 3, there is hereby authorized to be appropriated to the President, in addition to sums already appropriated, 10 Sec. 107 (a) of Public Law 535, 81st Cong., changed the date in this sentence from June 30, 1951, as originally provided, to June 30, 1952. not to exceed $60,000,000 for the fiscal year ending June RFC advances. 30, 1950, and $100,000,000 for the fiscal year ending June 30, 1951.11 Time limitation. China Area Aid 63 Stat. 55; 62 Stat. 158; (e) Notwithstanding the provisions of any other law, until such time as an appropriation shall be made pursuant to subsection (d) of this section, the Reconstruction Finance Corporation is authorized and directed to make advances not to exceed in the aggregate $30,000,000 to carry out the provisions of this section, in such manner, at such times, and in such amounts as the Administrator shall request, and no interest shall be charged on advances made by the Treasury to the Reconstruction Finance Corporation for this purpose. The Reconstruction Finance Corporation shall be repaid without interest for advances made by it hereunder; from funds made available for the purposes of this section 3. 12 SEC. 4. The authorization for appropriations in this Act is limited to the period ending June 30, 1951,12 in order that any subsequent authorizations may be separately passed on, and is not to be construed as an express or implied commitment to provide further authorizations or appropriations.13 C. Text of the China Area Aid Act of 1950, Title II of the Foreign Economic Assistance Act of 1950, Public Law 535, Eighty-first Congress [H. R. 7797], approved June 5, 1950, as amended by the Mutual Security Act of 1951, Public Law 165, Eighty-second Congress [H. R. 5113], 65 Stat. 376, approved October 10, 1951 TITLE II-AID TO CHINA SEC. 201.14 This title may be cited as the "China Area Aid Act of 1950". NATURE OF ASSISTANCE SEC. 202. 15 Funds, now unobligated or hereafter released from obligation, appropriated by section 12 of the Act entitled "An Act to amend the Economic Cooperation Act of 1948", approved April 19, 1949 (Public Law 47, Eighty-first Congress),16 are hereby made available 11 Sec. 107 (b) of Public Law 535 authorized the additional amount for fiscal year 1951. The changes made in this subsection by sec. 107 (b) of Public Law 535 are shown as follows: "(d) In order to carry out the provisions of this sec. 3, there is hereby authorized to be appropriated to the President, in addition to sums already appropriated, not to exceed $60,000,000 for the fiscal year ending [June 30, 1950. June 30, 1950, and $100,000,000 for the fiscal year ending June 30. 1951. 39 12 Sec. 107 (c) of Public Law 535, 81st Cong., changed the date in this sentence from June 30, 1950, as originally provided, to June 30, 1951. 13 Authorizations for fiscal years 1952, 1953 and 1954 are contained in sec. 303, Mutual Security Act of 1951, as amended, see p. 10. 14 22 U. S. C. § 1547 note. 15 22 U. S. C. § 1547. 16 Sec. 12 of Public Law 47, 81st Cong., provides: "An amount, equal to any balance, unobligated as of April 2, 1949, or for furtherance of the general objectives of the China Aid Act of 1948 17 through June 30, 1951,18 and for carrying out the purposes of that Act through economic assistance in any place in China and in the general area of China which the President deems to be not under Communist control, in such manner and on such terms and conditions as the President may determine, and references in the said Act to China shall, insofar as applicable, apply also to any other such place: Provided, That so long as the President deems it practicable, not less than $40,000,000 of such funds shall be available only for such assistance in areas in China (including Formosa): Relief funds. Provided further, That not more than $8,000,000 of such funds (excluding the $40,000,000 mentioned in the foregoing proviso) shall be available for relief on humanitarian grounds through the American Red Cross, or other voluntary relief agencies in any place in China suffering from the effects of natural calamity, under such safeguards as the President shall direct to assure non-discriminatory distribution according to need and appropriate publicity as to source and scope of the assistance Allocation for being furnished by the United States: Provided further, That not more than $6,000,000 of such funds (excluding the amounts mentioned in the foregoing provisos), shall be available for allocation to the Secretary of State, to remain available until expended, under such regulations as the Secretary of State may prescribe, using private agencies to the maximum extent practicable, for necessary expenses of tuition, subsistence, transportation, and emergency medical care for selected citizens of China and of Korea 19 for studying or teaching in accredited colleges, universities, or other educational institutions in the United States approved by the Secretary of State for the purposes, or for research and related academic and technical activities in the United States, and the Attorney General is hereby authorized and directed to promulgate regulations providing that such selected citizens of China who have been admitted for the purpose of study in the United States, shall be granted permission to accept em-. ployment upon application filed with the Commissioner of Immigration and Naturalization. subsequently released from obligation of funds appropriated by Public Law 793, approved June 28, 1948, for the purposes of the China Aid Act of 1948 is hereby made available to the President for obligation through [February 15, 1950] June 30, 1950, for assistance in areas in China which he may deem to be not under Communist domination, to be furnished in such manner and on such terms and conditions as he may determine." Public Law 793, the Foreign Aid Appropriations Act, 1949, 62 Stat. 1056, appropriated $400,000,000 for assistance until April 2, 1949, pursuant to the provisions of the China Aid Act of 1948. 17 Text printed on p. 84. 18 Authorization of appropriations for fiscal years 1952 and 1953 are contained in sec. 302 (a) of the Mutual Security Act of 1951, as amended, the text of which appears on p. 9. Authorization for fiscal year 1954 is contained in sec. 541 of the Mutual Security Act of 1951, as amended, see p. 38. The phrase "and of Korea" was inserted by sec. 302 (b), Mutual Security Act of 1951, now designated 302 (c). tuition, etc. Findings and declaration of policy. VII. MUTUAL DEFENSE ASSISTANCE ACT OF 1949, AS AMENDED Text of Public Law 329, Eighty-first Congress, 63 Stat. 714, approved October 6, 1949, incorporating amendments made by Public Law 621, Eighty-first Congress, 64 Stat. 373, approved July 26, 1950, by the Mutual Security Act of 1951, Public Law 165, Eighty-second Congress [H. R. 5113], 65 Stat. 373, approved October 10, 1951, by the Mutual Security Act of 1952, Public Law 400, Eighty-second Congress [H. R. 7005], 66 Stat. 141, approved June 20, 1952, and by the Mutual Security Act of 1953, Public Law 118, Eighty-third Congress, first session [H. R. 5710], 67 Stat. 152, approved July 16, 1953. AN ACT To promote the foreign policy and provide for the defense and general welfare of the United States by furnishing military assistance to foreign nations Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Mutual Defense Assistance Act of 1949". FINDINGS AND DECLARATION OF POLICY1 The Congress of the United States reaffirms the policy of the United States to achieve international peace and security through the United Nations so that armed force shall not be used except in the common interest. The Congress hereby finds that the efforts of the United States. and other countries to promote peace and security in furtherance of the purposes of the Charter of the United Nations require additional measures of support based upon the principle of continuous and effective self-help and mutual aid. These measures include the furnishing of military assistance essential to enable the United States and other nations dedicated to the purposes and principles of the United Nations Charter to participate effectively in arrangements for individual and collective selfdefense in support of those purposes and principles. In furnishing such military assistance, it remains the policy of the United States to continue to exert maximum efforts to obtain agreements to provide the United Nations with armed forces as contemplated in the Charter and agreements to achieve universal control of weapons of mass destruction and universal regulation and reduction of armaments, including armed forces, under adequate safe1 The findings and declaration of policy are found in 22 U. S. C. § 1571. guards to protect complying nations against violation and evasion. The Congress hereby expresses itself as favoring the creation by the free countries and the free peoples of the Far East of a joint organization, consistent with the Charter of the United Nations, to establish a program of self-help and mutual cooperation designed to develop their economic and social well-being, to safeguard basic rights and liberties and to protect their security and independence. The Congress recognizes that economic recovery is essential to international peace and security and must be given clear priority. The Congress also recognizes that the increased confidence of free peoples in their ability to resist direct or indirect aggression and to maintain internal security will advance such recovery and support political stability. NOTE.-Additional purpose: Section 2 (a) of the Mutual Security Act of 1951, as amended, the text of which appears on page 1, provides that the purposes of the Mutual Defense Assistance Act of 1949, as amended, shall hereafter be deemed to include the purpose of the Mutual Security Act of 1951, as amended. TITLE I-NORTH ATLANTIC TREATY COUNTRIES SEC. 101.2 In view of the coming into force of the North Atlantic Treaty and the establishment thereunder of the Council and the Defense Committee which will recommend measures for the common defense of the North Atlantic area, and in view of the fact that the task of the Council and the Defense Committee can be facilitated by immediate steps to increase the integrated defensive armed strength of the parties to the treaty, the President is hereby authorized to furnish military assistance in the form of equipment, materials, and services to such nations as are parties to the treaty and request such assistance. Any such assistance furnished under this title 222 U. S. C. § 1591. Text on p. 167. 'Changes in this sentence made by sec. 101 of Public Law 621, 81st Cong., are shown as follows: "In view of the coming into force of the North Atlantic Treaty and the establishment thereunder of the Council and the Defense Committee which will recommend measures for the common defense of the North Atlantic area, and in view of the fact that the task of the Council and the Defense Committee can be facilitated by immediate steps to increase the integrated defensive armed strength of the parties to the treaty, the President is hereby authorized to furnish military assistance in the form of equipment, materials, and services to such nations as are parties to the treaty [and have heretofore requested such assistance] and request such assistance." 88459-53- -7 91 |