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Now, therefore, the United States and the the Government of the United States, or any sions for security and priority in such agreeFederal Republic have entered into the fol agency or entity thereof, arising out of or ments are hereby superseded by Article IV lowing agreement:
in any way relating to contracts for the ex of this Agreement.
If at any time or from time to time the United States in the total amount of one
parties hereto determine that it would be in billion United States dollars ($1,000,000,000) 1. Except as providing in paragraph 2 of their common interests because of adverse for economic assistance to Germany which this Article, in consideration of the under economic conditions or for any other reasons was authorized under the GARIOA and takings of the Federal Republic herein pro to postpone, or provide for the postponeECA programs of the United States (as de vided, and of the conclusion of a satisfactory ment of, any installments of interest or fined in Article VII of the present Agree agreement for the settlement of German ex principal, or to alter or provide for the alterment) prior to July 1, 1951.
ternal debts, the United States hereby waives ation of any of the provisions of this Agree2. The Federal Republic hereby promises all claims of the United States against the ment relating to the payment of interest to pay to the Export-Import Bank of Wash Federal Republic arising from the furnish
and principal, or to alter this Agreement in ington, an agency of the United States, its ing, pursuant to the GARIOA and ECA pro any other respect, they may by mutual successors or assigns, in liquidation of the grams, of economic assistance authorized
agreement in writing provide for any such aforementioned indebtedness, the principal prior to July 1, 1951, to the extent that such
postponement or alteration or other modisum of one billion United States dollars claims would cause the payment by the Fed fication. ($1,000,000,000) and interest at the rate of eral Republic of more than the amount spec
ARTICLE VII 242% per annum on the unpaid principal ified in Article I of this Agreement or bebalance thereof from time to time outstand fore the times specified therein, provided,
For the purpose of this Agreement: ing from January 1, 1953, such interest to however, that this waiver shall not be con
1. The term “GARIOA program” shall be paid semiannually. The first payment of strued as in any way affecting the obliga
mean the program of economic assistance interest, in the amount of $12,500,000 shall tions of the Federal Republic to make de authorized by applicable provisions of the be made on July 1, 1953; thereafter until posits to the ECA and GARIOA counterpart United States Appropriation Acts for the and including January 1, 1958, $12,500,000 accounts of any sums it may be obligated so
Government and Relief of Occupied Areas, shall be paid on January 1 and July 1 of to deposit under any existing agreements,
as well as any other economic assistance, each year as interest. Beginning July 1, or the rights of the United States in respect
other than (a) surplus property and (b) 1958 and semiannually thereafter, fifty-nine of the use of funds from such accounts for
assistance included in the ECA program, furinstallments of $23,790,000 and one final inthe benefit of the German economy or peo
nished by the United States directly or installment of the unpaid balance shall be ple, nor shall this waiver be construed as in directly, to Germany or the German people paid, such installments to be applied first any way affecting the right of the United since the date of the initial entry of the to accrued interest and the remainder to States to use for its own purposes the funds forces of the United States into Germany principal.
from such accounts for which it gave the during World War II. 3. The principal and interest are payable
Federal Republic credit in determining the 2. The term "ECA program” shall mean at the office of the Export-Import Bank of total amount of its claim set forth in the the program under which the United States
furnished economic assistance to Germany Washington, Washington, D. C. in lawful
preamble to this Agreement. money of the United States.
2. The obligation of the Federal Republic pursuant to the Economic Cooperation
or its predecessors to refund dollars disbursed Agreement between the United States and 4. The Federal Republic at any time may
the United States and United Kingdom Ocanticipate the payment of all or any part of
by the Economic Cooperation Administrathe outstanding principal indebtedness un
tion or successor agencies under the appli- cupied Areas in Germany dated July 14,
cable regulations governing the disbursement 1948; the Economic Cooperation Agreement der this Agreement. Any prepayment made to the United States shall be in United
of such funds, shall in no way be affected by between the United States and the French States dollars.
Zone of Occupation of Germany dated July Such payment shall be
this Agreement; provided, however, that to
the extent that such refunds are attributable 9, 1948; and the Ecnomic Cooperation credited first to payments of interest or
to procurement or technical assistance au Agreement between the United States and principal that are past due and unpaid if
thorizations issued on or before June 30, the Federal Republic dated December 15, any, otherwise the prepayment shall be
1951, which refunds are received after au 1949, as amended. credited in equal proportions to all unpaid installments of principal. To the extent thority under the Mutual Security Act, as
ARTICLE VIII that the Federal Republic makes a payment
amended or supplemented, to provide for of principal under agreements on postwar
This Agreement shall enter into force on assistance to the Federal Republic has ceased, economic assistance entered into contempothey shall be considered as a reduction of
the date of the coming into force of the raneously with the United Kingdom of
principal, applied first to payments of prin- Agreement on German External Debts beGreat Britain and Northern Ireland and
tween the Federal Republic on the one hand, cipal past due and unpaid if any, otherwise and France, which it is not required to make at the option of the United States to the
and France, the United Kingdom of Great pursuant to the terms of such agreements, next due unpaid installment of principal or
Britain and Northern Ireland, the United it shall, unless the United States agrees
States and other nations on the other hand. to all unpaid installments of principal in
The contracting parties will exchange inotherwise, make prepayments with respect to equal proportion.
struments confirming that this Agreement the principal indebtedness under this Agree
has been approved in accordance with their ment proportionate to the prepayments 1. The Federal Republic agrees that it will respective constitutional requirements. made by the Federal Republic on the in accord to the indebtedness covered by this In witness whereof, the undersigned repdebtedness under the agreements with the Agreement a treatment with respect to se resentatives duly authorized thereto by their United Kingdom of Great Britain and north curity and to priority of payment and of respective governments have signed this ern Ireland and France.
transfer not less favorable than that ac Agreement. 5. Upon default in the prompt and full corded to any indebtedness of the Federal Done at London February 27, 1953, in duplipayment of any installment of principal or Republic covered by the Agreement on Ger cate in the English and German languages, interest, the entire unpaid principal hereof man External Debts and its Annexes and the both texts being equally authentic. and interest thereon to the date of payment agreements mentioned in the last clause of For the United States of America: shall become due and be payable at the the preamble thereto. The Federal Republic
WARREN LEE PIERSON. option of the United States. The nonexer further agrees that it will accord to the For the Federal Republic of Germany: cise of such right with respect to any par indebtedness covered by this Agreement a
ABS. ticular default shall not constitute a waiver treatment with respect to priority of transof such right with respect to such default or fer not less favorable than that accorded to The PRESIDING OFFICER. The any other default.
any other indebtedness covered by the agreement is open to amendment. If Agreement on German External Debts and there be no amendment to be proposed,
its Annexes. The Federal Republic on behalf of itself
the agreement will be reported to the
2. The Federal Republic further agrees and all persons subject to its jurisdiction
Senate. that it will not take any action with respect hereby waives, and releases and discharges the United States and its nationals from, to security and to priority of payment and
The agreement was reported to the of transfer accorded to any future loans or
Senate without amendment. any and all claims and liabilities arising out credits contracted by it or by persons, organ
The PRESIDING OFFICER. The resof or in any way relating to the furnishing, pursuant to GARIOA and ECA programs, of
izations or enterprises subject to its jurisdic- olution of ratification will be read.
tion which would result in the impairment economic assistance authorized prior to July
The legislative clerk read the resoluof the Federal Republic's ability to carry out 1, 1951, and related operations, including but
tion of ratification, as follows: not limited to, claims based upon expendi
its obligations regarding the indebtedness
Resolved (two-thirds of the Senators prestures of dollars or counterpart funds under
ent concurring therein), That the Senate such programs not of direct benefit to the
advise and consent to the ratification of ExGerman economy. The waiver, release, and All agreements relating to the economic ecutive E, 83d Congress, 1st session, an discharge in the first sentence of this Article assistance herein mentioned, shall remain agreement between the United States and do not include claims against others than in full force and effect, except that provi the Federal Republic of Germany, regarding
14. 15 16
24. 25 26.
the settlement of the claims of the United of the United States, by the Federal Republic Republic and by a re-united Germany and as States for postwar economic assistance at the Federal Reserve Bank of New York for full discharge of each of them and of Ger(other than surplus property) to Germany, credit in the general account of the Treasurer many of their respective obligations under signed at London on February 27, 1953. of the United States in accordance with the the agreement of June 23, 1930, and the following schedule:
bonds issued pursuant thereto, in respect of The PRESIDING OFFICER. The
awards of the Mixed Claims Commission, question is on agreeing to the resolution
United States and Germany, made on behalf of ratification. [Putting the question.]
Installment No. Due Date Amount
of nationals of the United States, anything Two-thirds of the Senators present con
in the exchange of letter of October 23, 1950 curring therein, the resolution of ratifi 1.
April 1, 1953 $3,000,000.00 and March 6, 1951 between Chancellor Ade2.
April 1, 1954 3,000,000.00 cation is agreed to, and the agreement is
nauer and the Allied High Commission for 3. April 1, 1955 3,000,000.00
Germany or in the memorandum of Decemratified.
April 1, 1956 3,000,000.00
ber 1951 prepared by the Tripartite Com6.
April 1, 1958 3, 700,000.00 mission on German Debts to the contrary AGREEMENT WITH THE FEDERAL
April 1, 1959 3, 700,000.00 notwithstanding.
7. Settlement of the indebtedness of GerREPUBLIC OF GERMANY RELAT 9.
April 1, 1961 3,700,000.00 10.
April 1, 1962 ING TO AWARDS MADE BY THE
many in respect of the awards of the Mixed 11
April 1, 1963 4,000,000.00 Claims Commission, United States and GerMIXED CLAIMS COMMISSION, 12.
April 1, 1964 4,000,000.00 many, to the United States on its own behalf 13
April 1, 1965 4,000,000.00 UNITED STATES AND GERMANY
shall be deferred until the final general setApril 1, 1966 4,000,000.00 April 1, 1967 4,000,000.00
tlement envisaged in Paragraph (1) of ArThe Senate, as in Committee of the
April 1, 1968 4,000,000.00 ticle 5 of the Agreement on German External Whole, proceeded to consider the agree 17.
April 1, 1969 4,000,000.00 Debts, signed this day in London. 18.
April 1, 1970 4, 000, 000.00 ment (Executive F, 83d Cong., 1st sess.),
8. The amounts to be paid by the Federal 19. April 1, 1971 4,000,000.00
Republic in accordance with this agreement an agreement between the United States 20.
April 1, 1972 4,000,000.00 and the Federal Republic of Germany,
April 1, 1973 4,000,000.00 shall be paid without deduction for, and 22
April 1, 1974 4,000,000.00 shall be exempt from, any and all taxes or relating to the indebtedness of Germany 23.
April 1, 1975 4,000,000.00
other public dues present or future, imposed for awards made by the Mixed Claims
April 1, 1976 4,000,000.00
by or under authority of the Federal ReCommission, United States and Ger
April 1, 1978 4,000,000.00 public or any political or local taxing aumany, signed at London on February 27.
thority within the Federal Republic. 1953, which was read the second time,
3. In the event the Federal Republic shall
9. Any notice from or by the Federal Reas follows:
public shall be suficient if delivered to the fail to pay any installment upon the due
American Embassy at Bonn or to the SecreAGREEMENT BETWEEN THE UNITED STATES OF date such installment shall bear interest
tary of the Treasury at the Treasury of the AMERICA AND THE FEDERAL REPUBLIC OF at the rate of 334 per cent per annum from
United States in Washington. Any notice, GERMANY RELATING TO INDEBTEDNESS OF that date until the date when such install
request, or consent under the hand of the GERMANY FOR AWARDS MADE BY THE MIXED ment is paid.
Secretary of the Treasury of the United CLAIMS COMMISSION, UNITED STATES AND 4. As evidence of the obligations set forth
States shall be deemed and taken as the noGERMANY in the preceding articles of this agreement,
tice, request, or consent of the United States Whereas Germany, under the terms of the the Federal Republic shall issue to the
and shall be sufficient if delivered at the United States bonds in the form attached agreement of June 23, 1930 between the
Embassy of the Federal Republic at WashUnited States of America and Germany, herehereto as Exhibit A.
ington or at the office of the Ministry of inafter referred to as the 1930 Agreement,
The bonds shall be numbered consecu Finance of the Federal Republic at Bonn. was indebted to the United States of Amer
tively from 1 to 26, shall be dated January The United States in its discretion may waive ica (hereinafter called the United States) for
1, 1953, and shall mature and be payable any notice required hereunder, but any such awards and interest thereon entered in favor
serially as provided for in Article 2 hereof. waiver shall be in writing and shall not exof the United States on its own behalf and Each such bond shall be denominated in tend to or affect any subsequent notice or on behalf of its nationals by the Mixed
dollars and be payable to the Government impair any right of the United States to Claims Commission, United States and Ger
of the United States in lawful currency of require notice hereunder. many; and
the United States. The bonds shall be signed 10. The United States and the Federal ReWhereas, the United States is holding,
for the Federal Republic by the President public, each for itself represents and agrees under the terms of the 1930 Agreement,
and a member of the Bundesschuldenver that the execution and delivery of this agreebonds of Germany as evidence of such in
waltung and shall be delivered to the Sec ment have in all respects been duly authordebtedness; and
retary of the Treasury of the United States ized, and that all acts, conditions, and legal Whereas, in an agreement between the
at the United States Treasury in Washing- formalities which should have been com
ton. Governments of the French Republic, the
pleted prior to the making of this agreement United Kingdom of Great Britain, and
5. Upon receipt by the United States of have been completed as required by the laws Northern Ireland, the United States of
the bonds issued pursuant to Article 4 of the United States and of the Federal ReAmerica and the Federal Republic of Ger
hereof, the United States shall cancel and public respectively and in conformity theremany in the form of an exchange of letters,
deliver to the Federal Republic those bonds with. on March 6, 1951, the Government of the
of Germany issued under the 1930 Agree 11. Any dispute between the United States Federal Republic of Germany confirmed that
ment as evidence of Germany's indebtedness and the Federal Republic respecting the init is liable for the pre-war external debt of
for awards of the Mixed Claims Commission, terpretation or implementation of this agreethe German Reich; and
United States and Germany, which have the ment shall be settled through negotiation or Whereas, the United States and the Federal following maturity dates:
by such other method as may then be agreed Republic of Germany (hereinafter referred March 31, 1932 September 30, 1931
between the United States and the Federal to as the Federal Republic) desire, as part March 31, 1933 September 30, 1932
Republic. of the general settlement of German debts, March 31, 1934 September 30, 1933
12. This agreement shall be approved by to make provision for the settlement of the March 31, 1935 September 30, 1934
the United States and the Federal Republic obligations of the Federal Republic with re March 31, 1936 September 30, 1935
in accordance with their respective constigard to the remaining indebtedness of Ger March 31, 1937 September 30, 1936
tutional procedures. many for awards made by the Mixed Claims March 31, 1938 September 30, 1937 The agreement shall enter into forceCommission, United States and Germany, March 31, 1939 September 30, 1938 (a) upon the exchange of instruments of on behalf of nationals of the United States, March 31, 1940 September 30, 1939 approval at Washington, and and to defer settlement of all other indebted March 31, 1941 September 30, 1940 (b) upon the coming into force of the ness under the 1930 Agreement until the final March 31, 1942 September 30, 1941 Agreement on German External Debts begeneral settlement envisaged in Paragraph March 31, 1943 September 30, 1942 tween the Federal Republic on the one part (1) of Article 5 of the Agreement on Ger 6. The United States will apply the pay
and France, the United Kingdom of Great man External Debts, signed this day in ments made by the Federal Republic as pro
Britain and Northern Ireland, the United London: vided in this agreement in reduction of the
States and other countries on the other part. Now, therefore, it is agreed as follows: remaining indebtedness of Germany in re
In witness whereof, the undersigned repre1. The Federal Republic shall pay to the spect of awards of the Mixed Claims Com sentatives duly authorized thereto by their United States the total amount of $97,500,- mission, United States and Germany, made
respective governments have signed this 000.00, on behalf of those nationals of the on behalf of nationals of the United States; agreement. United States, or their successors or as provided, however, that full performance of
Done at London on February 27, 1953, in signees, on whose behalf awards of the Mixed this agreement by the Government of the duplicate in the English and German lanClaims Commission, United States and Ger Federal Republic or by it and the govern guages, both texts being equally authentic. many have heretofore been entered which ment of a re-united Germany and payment
For the United States of America: awards have not been fully satisfied. of the amounts due under this agreement
WARREN LEE PIERSON. 2. The said total amount shall be paid in shall constitute and be accepted by the For the Federal Republic of Germany: 26 annual installments, in lawful currency United States as fulfillment by the Federal
ARTICLE III The members of the Board for the Validation of German Bonds in the United States are authorized and bound to waive all immunity from service of process issuing from courts in the United States in proceedings brought to determine whether the requirements for validation of bonds under the Validation Law have been met. Such proceedings must be brought within three months from receipt of the decision of the Board by the party seeking validation of the bond. It is agreed that such members will comply with any judgments, orders or decrees that such courts may issue in such proceedings. The term “members” as used in this Article includes the chairman and the deputies of the members when acting as members.
ARTICLE IV For the purpose of all proceedings in the United States, the English texts of the Validation Law and of the Second Implementing Ordinance thereunder of March 7, 1953 (Bundesanzeiger 1953, Nr. 50, page 2) which are annexed to the Agreement on Validation Procedures shall be authentic.
lar bonds, signed at Bonn on April 1, (Form of Bond)
1953, which was read the second time, as THE FEDERAL REPUBLIC OF GERMANY
follows: Dated January 1, 1953
(Ex. G, 83d Cong., 1st sess, validation of No.
German dollar bonds) The Federal Republic of Germany, herein AGREEMENT BETWEEN THE UNITED STATES OF called the Federal Republic, in consideration AMERICA AND THE FEDERAL REPUBLIC OF GERof the mutual covenants contained in an MANY REGARDING CERTAIN MATTERS ARISING agreement dated ------, 1953, between it and FROM THE VALIDATION OF GERMAN DOLLAR the United States of America hereby prom
BONDS ises to pay to the Government of the United
Whereas the United States of America States of America, herein called the United
(hereinafter referred to "the United States, on April 1, 19--, for the purposes
States”) and the Federal Republic of Gerspecified in said agreement the sum of
many (hereinafter referred to as "the Fed$. This bond is payable at the Federal
eral Republic") have agreed that it is in Reserve Bank of New York in lawful cur
their common interest to provide for the derency of the United States.
termination of the validity of German dolIf this bond is not paid on the date when
lar bonds in view of the possibility that a it is due, interest on the face amount of
large number of such bonds may have been this bond shall be paid at the rate of 334 unlawfully acquired during hostilities in per cent per annum from such date until
Germany or soon thereafter; the date of payment.
Whereas they have agreed on procedures This bond is payable without deduction
for accomplishing this purpose in the Agreefor, and is exempt from, any and all taxes
ment Between the Government of the United and other public dues, present or future, im
States of America and the Government of posed by or under authority of the Federal
the Federal Republic of Germany Regarding Republic or any political or local taxing
the Validation of Dollar Bonds of German authority within the Federal Republic.
Issue (hereinafter referred to as “the AgreeThis bond is issued pursuant to the pro ment on Validation Procedures”) signed at visions of an agreement dated
Bonn on February 27, 1953; between the United States and the Federal
Whereas the Federal Republic on the one Republic, to which this bond is subject and
hand and the United States and other counto which reference is made.
tries on the other signed the Agreement on In witness whereof, the Federal Republic
German External Debts at London on Februhas caused this bond to be executed and
ary 27, 1953, for the settlement of Germany's delivered on its behalf. For the Federal Republic of Germany:
external obligations, including German dol
lar bonds, the benefits of which will apply THE BUNDESSCHULDENVERWALTUNG, only to bonds which have been duly vali
Whereas the United States and the Federal
required to permit debtors and creditors to
ligations arising from German dollar bonds The PRESIDING OFFICER. The
with confidence in the stability of the proagreement is open to amendment. If
cedures regarding validation and with asthere be no amendment to be proposed, surance that claims prejudicial to such setthe agreement will be reported to the tlement will not be asserted on the basis of Senate.
bonds which were unlawfully acquired: The agreement was reported to the
Therefore, the United States and the Fed
eral Republic have agreed as follows: Senate without amendment. The PRESIDING OFFICER. The
ARTICLE I resolution of ratification will be read. Except as may be agreed between the FedThe legislative clerk read the reso
eral Republic and the United States, the lution of ratification, as follows:
Federal Republic will not amend, modify, or
repeal its Law for the Validation of German Resolved (two-thirds of the Senators pres Foreign Currency Bonds of August 25, 1952 ent concurring therein), That the Senate
(Bundesgesetzblatt 1952, Part I, page 553) advise and consent to the ratification of (hereinafter referred to as “the Validation Executive F, 83d Congress, 1st session, an Law") or the Schedule thereto insofar as they agreement between the United States and the
relate to bonds, debentures, or other obligaFederal Republic of Germany, relating to the tions (hereinafter referred to as bonds) listed indebtedness of Germany for awards made by in the said Schedule or the First Implementthe Mixed Claims Commission, United States ing Ordinance under the said Law of Februand Germany, signed at London on February ary 21, 1953 (Bundesgesetzblatt 1953, Part I, 27, 1953.
page 31) and in respect of which the Sched
ule or the said Ordinance describes the The PRESIDING OFFICER. The
United States as the Country of Offering, or question is on agreeing to the resolution
to coupons, dividend warrants, renewal cerof ratification. [Putting the question.] tificates, subscription warrants or other secTwo-thirds of the Senators present con ondary instruments issued in connection curring therein, the resolution of ratifi with such bonds. Except as may be so agreed, cation is agreed to, and the agreement is
the Federal Republic will not extend the proratified.
visions of the said Law to bonds offered in
Schedule or the said Ordinance.
other secondary instrument referred to in the
first sentence of Article I above shall be enThe Senate, as in Committee of the
forceable unless and until it shall be valiWhole, proceeded to consider the agree
dated either by the Board for the Validation ment (Executive G, 83d Cong., 1st sess.), of German Bonds in the United States estaban agreement between the United States
lished by the Agreement on Validation Proand the Federal Republic of Germany, cedures, or by the authorities competent for concerning the validation of German dol- that purpose in the Federal Republic.
ARTICLE V This Agreement shall be ratified by the Federal Republic and the United States in accordance with their respective constitutional procedures. The Agreement shall enter into force upon (a) the exchange of instruments of ratification at Washington, and (b) the entry into force of the Agreement on German External Debts between the Federal Republic on the one hand, and France, the United Kingdom of Great Britain and Northern Ireland, the United States and other countries on the other hand.
Done in duplicate, in the English and German languages, both authentic, at Bonn, this first day of April, 1953. For the United States of America
JAMES B. CONANT For the Federal Republic of Germany
SCHAEFFER The PRESIDING OFFICER. The agreement is open to amendment. If there be no amendment to be proposed, the agreement will be reported to the Senate.
The agreement was reported to the Senate without amendment.
The PRESIDING OFFICER. The resolution of ratification will be read.
The legislative clerk read the resolution of ratification, as follows:
Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of Executive G, 83d Congress, 1st session, an agreement between the United States and the Federal Republic of Germany, concerning the validation of German dollar bonds, signed at Bonn on April 1, 1953.
The PRESIDING OFFICER. The question is on agreeing to the resolution of ratification. [Putting the question.] Two-thirds of the Senators present concurring therein, the resolution of ratification is agreed to, and the agreement is ratified.
The motion was agreed to; and (at 8 o'clock and 20 minutes p. m.) the Senate, in executive session, took a recess until tomorrow, Tuesday, July 14, 1953, at 12 o'clock meridian.
read the House joint resolution, as folExecutive nominations received by the lowing title: Senate July 13 (legislative day of July H. R. 5451. An act to amend the wheat lows: 11), 1953:
marketing quota provisions of the Agricul Resolved, etc., That not to exceed $300,000
tural Adjustment Act of 1938, as amended, of the unobligated balance of the appropriaDEPARTMENT OF JUSTICE and for other purposes.
tion “Salaries and expenses, Small Defense Perry William Morton, of Nebraska, to be
The message also announced that the available through July 31, 1953. The revolv
Plants Administration, 1953” shall remain Assistant Attorney General to fill an existing vacancy.
Senate had passed, with amendments in ing fund established under said Adminis
which the concurrence of the House is tration shall remain available through July FARM CREDIT ADMINISTRATION Carl Raymond Arnold, of Ohio, to be Gove requested, a bill of the House of the fol- 31, 1953, for payment of obligations and di lowing title:
rect costs under contracts entered into durernor of the Farm Credit Administration for the remainder of the term of 6 years from H. R. 5690. An act making appropriations ing the fiscal year 1953.
SEC. 2. Appropriations and authority grantJune 15, 1952, vice Ivy W. Duggan, resigned. for additional independent executive bureaus, boards, commissions, corporations,
ed pursuant to this joint resolution shall be IN THE MARINE CORPS
subject to the provisions of sections 2 to 6, agencies, and offices, for the fiscal year endMaj. Gen. Oliver P. Smith, United States ing June 30, 1954, and for other purposes.
inclusive, of the joint resolution approved
June 30, 1953 (Public Law 91), making temMarine Corps, to have the grade, rank, pay, and allowances of lieutenant general while The message also announced that the porary appropriations for the fiscal year 1954. serving as commanding general, Fleet Ma Senate insists upon its amendments to
SEC. 3. Appropriations and authority grantthe foregoing bill, requests a conference
ed by this joint resolution shall be available rine Force, Atlantic.
on and after July 1, 1953, and all obligations Maj. Gen. John T. Selden, United States with the House on the disagreeing votes incurred in anticipation of the enactment Marine Corps, for permanent appointment to of the two Houses thereon, and appoints hereof are ratified and confirmed if otherwise the grade of major general.
Mr. SALTONSTALL, Mr. BRIDGES, Mr. FERGU- in accordance with the terms hereof. Brig. Gen. Lewis B. Puller, United States
SON, Mr. CORDON, Mr. HICKENLOOPER, Mr. Marine Corps, for permanent appointment to
The joint resolution was ordered to be MAYBANK, Mr. HILL, and Mr. ELLENDER to the grade of brigadier general. be the conferees on the part of the read the third time, and passed, and a
engrossed and read a third time, was Senate.
motion to reconsider was laid on the The message also announced that the
table. HOUSE OF REPRESENTATIVES Senate had passed bills of the following
titles, in which the concurrence of the
SPECIAL ORDER GRANTED
Mr. PATMAN asked and was given The House met at 12 o'clock noon. certain property to the city of Rupert, Idaho; permission to address the House for 20 and
minutes on today and tomorrow, followThe Chaplain, Rev. Bernard Braskamp,
S. 1569. An act to amend the Independent ing the legislative program and any speD. D., offered the following prayer: Offices Appropriation Act, 1953, so as to pro- cial orders heretofore entered.
vide for the investigation by the Civil Service Almighty God, as we begin this new
Commission in lieu of the Federal Bureau of week, may we accept its challenge and Investigation of persons receiving Atomic STATE, JUSTICE, AND COMMERCE opportunity to bring to our torn and Energy Commission fellowships. troubled world the confidence and con
DEPARTMENTS APPROPRIATION solation of a great trust in Thee.
BILL, 1954 We know that the forces of evil, which CONTINUING AVAILABILITY OF AP
Mr. CLEVENGER. Mr. Speaker, I are arrayed against us and storming the PROPRIATIONS FOR SMALL DE ask unanimous consent to take from the citadel of our freedom and faith, are FENSE PLANTS ADMINISTRATION Speaker's table the bill (H. R. 4974) terrible and terrific but not too mighty
Mr. TABER. Mr.
making appropriations for the Depart
Speaker, I ask ments of State, Justice, and Commerce, for Thy divine strength to withstand and
unanimous consent for the immediate for the fiscal year ending June 30, 1954, conquer.
consideration of House Joint Resolution and for other purposes, with Senate May we never fear to go forward into 294 continuing the availability of approthe hours of any new day when encour priations for the Small Defense Plants Senate amendments, and agree to the
amendments thereto, disagree to the aged and encompassed with a vivid and Administration for the month of July
conference asked by the Senate. vital sense of Thy grace which is suffi 1953, and for other purposes.
The SPEAKER. Is there objection to cient for humanity's most urgent and The Clerk read the title of the joint
resolution. desperate needs.
the request of the gentleman from Ohio? Help us to hasten the coming of the The SPEAKER. Is there objection to
Mr. CANNON. Mr. Speaker, reserving
the right to object, may I ask the gentime when righteousness shall prevail the request of the gentleman from New York [Mr. TABER] ?
tleman when he expects this bill to go and there will be peace and good will
Mr. CANNON. Mr. Speaker, reserving
to conference? among all men and nations.
Mr. CLEVENGER. the right to object, may I ask the gentle
Thursday at 4 In Christ's name we invoke Thy bless
o'clock. man this question: The provision for ings. Amen. this agency would have been included in
The SPEAKER. Is there objection to Friday, July 10, 1953, was read and ap- that under the law it was due to expire and appoints the following conferees: The Journal of the proceedings of the continuing resolution but for the fact the request of the gentleman from Ohio?
[After a pause.) The Chair hears none, proved.
at the end of the fiscal year.
Messrs. CLEVENGER, COUDERT, Bow, COON, tion extending the life of the agency until
TABER, ROONEY, PRESTON, SIKES, and MESSAGE FROM THE SENATE
SWEARING IN OF MEMBER Senate had passed without amendment that is all it is. It is to carry on and to Mr. McCORMACK. Mr. Speaker, I bills of the House of the following titles: continue the availability of funds to meet ask unanimous consent that the gentle
H. R. 4072. An act relating to the disposi- the obligations that were incurred under man from Illinois, Mr. JAMES B. BOWLER, tion of certain former recreational demon the revolving fund prior to the 30th of be permitted to take the oath of office. stration project lands by the Commonwealth June.
His certificate of election has not arof Virginia to the School Board of Mecklen
Mr. CANNON. No money will be avail. rived, but there is no contest, and there burg County, Va.; and
able beyond the date of July 31, 1953, the is no question as to his election. H. R. 5302. An act to provide for an addi
date of the legislative extension of the tional Assistant Postmaster General in the
The SPEAKER. Is there objection to Post Office Department. life of the agency?
the request of the gentleman from MasMr. TABER. That is correct.
sachusetts ? The message also announced that the The SPEAKER. Is there objection to There was no objection. Senate had passed, with amendments in the request of the gentleman from New Mr. BOWLER appeared at the bar of which the concurrence of the House is York [Mr. TABER] ?
the House and took the oath of office.
MILIT."RY UNIFORM EXPENSE (c) An officer of a Reserve component
SPECIAL ORDER Mr. POFF. Mr. Speaker, I ask unan
* entering on active duty or active duty for training * * * shall be entitled, for each
Mr. KEAN asked and was given perimous consent to extend my remarks at
time of such entry or reentry on active duty mission to address the House for 30 minthis point in the RECORD.
* * * to a further sum not to exceed $100 as utes on tomorrow, following any special The SPEAKER. Is there objection to reimbursement for additional uniforms and orders heretofore entered. the request of the gentleman from Vir- equipment required on such duty. ginia ?
While it would appear that this lanThere was no objection.
guage affords some relief to Reserve offi. CUSTOMS SIMPLIFICATION BILL Mr. POFF. Mr. Speaker, the great
cers, as a practical matter they seldom Ways and Means Committee of the House
Mrs. ROGERS of Massachusetts, Mr. ever receive any uniform allowance. Un Speaker, I ask unanimous consent to is currently studying several tax-relief
less he is called into active duty for more address the House for 1 minute, to remeasures introduced during this session
than 90 days, or completes 14 days of vise and extend my remarks, and to inof Congress. I am today introducing active duty or active duty for training clude telegrams and letters. another such measure which, to me,
as a member of a Reserve component, or seems deserving of special and preferred
The SPEAKER. Is there objection to completes 14 two-hour periods of inacattention. My bill is in the following tive-duty training in the Ready Reserve,
the request of the gentlewoman from
Massachusetts ? language: he is not entitled to the initial allowance
There was no objection. A bill to amend section 23 of the Internal of $200; and even if he gets this initial Mrs. ROGERS of Massachusetts. Mr.
Revenue Code to provide for the ex allowance and the supplemental $100 Speaker, I have received numerous letemption of amounts paid by members of
allowance as well, he can then obtain the Armed Forces for uniforms they are
ters and telegrams in somewhat the same only $50 for every 4 years of service perrequired to purchase
language concerning the customs simformed in an active status in a Reserve plification bill: Be it enacted, etc., That section 23 of the
component, and that 4 years must inInternal Revenue Code (relating to deduc
LOWELL, MASS., July 10, 1953. tions from gross income) is amended by addclude at least 28 days of active duty for
EDITH NOURSE ROGERS, ing at the end thereof the following new training.
House of Representatives: subsection:
From this it can be seen that while Reference H. R. 5877 in regard to customs "(gg) Amounts paid for uniforms by mem Reserve personnel are required in the simplification bill, we are unalterably opbers of Armed Forces: Amounts paid by a performance of their duties to buy and
posed to any amendment requiring injury member of the Armed Forces of the United wear uniforms, it is exceedingly difficult
to be proven before countervailing duty can States, whether Regular or Reserve, for the
be imposed. for them to earn any uniform allowance, purchase of uniforms which he is required
ALEXANDER WOOL COMBING Co., to wear by reason of active duty, active duty and, when they do, it is wholly inade
By ALBERT ALEXANDER. for training, or inactive-duty training, re
quate. duced by the amount of any uniform reim In the case of Regular officers, who bursement or allowance received by him from are required to buy their own uniforms
BOSTON, MASS., July 10, 1953.
The Honorable EDITH NOURSE ROGERS, the United States during the taxable year. and who get no governmental allowance No deduction under this subsection for any
Congress of the United States, House at all, I have always felt that the law
of Representatives, House office taxable year shall exceed $200.” and the rule laid down in the regulations
Building: SEC. 2. The amendment made by this act
and the decided cases was broad enough Please oppose amendment to customs shall apply with respect to taxable years beginning after December 31, 1953.
to permit deductions of the full uniform simplification bill, H. R. 5877. Amendment expense. That rule provides in substance
could result in rescinding present counterStated another way, this legislation that if.a taxpayer is engaged in an occu
vailing duty on Uruguayan wool tops. would permit all Regular and Reserve
ARTHUR O. WELLMAN. pation which requires special apparel for members of the Armed Forces who are
the production of the taxable income, required to buy their own uniforms to then the costs of such apparel are clas
BOSTON, MASS., July 10, 1953. deduct up to $200 of the expense for sified as ordinary and necessary items of
EDITH NOURSE ROGERS, every taxable year (less the uniform expense and as such are fully deductible
Ways and Means Committee, allowance paid him by the Government, provided, first, the special apparel is spe
House Office Building: if any). The purpose of the $200 limitacifically required as a condition of em
We strongly urge you endeavor persuade
Ways and Means Committee tion is to prevent the high-salaried brass
eliminate ployment; and, second, it is not adaptfrom writing off the full cost of fancy- able to general or continued usage to
amendment from customs simplification bill
(H. R. 5877) relating to requirement injury dress uniforms.
such an extent that it takes the place of test before countervailing duties can be imIn the case of Reserve officers, section ordinary clothing.
posed. Our industry had no opportunity 243 of the Armed Forces Reserve Act of Under this rule, ballplayers, firemen,
express our opposition this clause which was 1952—Public Law 476, 82d Congress policemen, aviators, nurses, and so forth,
not in original bill. Respectfully request provides in part as follows: have been permitted to deduct the full
your oppostion to such fundamental change
in statutory law without opportunity for SEC. 243. (a) An officer of a Reserve com cost of their uniforms. Is a military uni.
industries vitally affected to be heard. ponent or of the Army of the United States form any different?
KENNETH MARRINER, without component or the Air Force of the Applying the tests
Marriner & Co., Inc. United States without component shall be entitled to an initial sum not to exceed $200
First, is the military uniform special as reimbursement for the purchase of reapparel ? Ask the boys who wear them.
GRANITEVILLE, MASS., July 10, 1953. quired uniforms and equipment, either
Second, is the military uniform re Hon. EDITH NOURSE ROGERS, (1) upon first reporting for active duty for
quired as a condition to employment? House Office Building: a period in excess of 90 days; or
The serviceman could not serve with We understand that simplification bill, (2) upon completion, as a member of a out it.
H. R. 5877, will be offered on House floor Reserve component, of not less than 14 days' active duty or active duty for training; or
Third, is it an ordinary and necessary
this coming Monday, July 13, to require in(3) after the performance of 14 periods of
jury test before countervailing duties could item of expense for the production of
be imposed. We urge that this matter be not less than 2 hours' duration each, of in taxable income? The military man pays
given a full hearing, as it might result in active-duty training as a member in the an income tax on his salary and without rescinding present countervailing duty on Ready Reserye of a Reserve component: Pro
his uniform he could not earn his salary. Uruguayan wool top. vided, That only duty requiring the wearFourth, is it adaptable to general or
EDWARD M. ABBOTT. ing of the uniform shall be counted for the
continued personal and private usage? purpose of this section.* * * (b) An officer of a Reserve component shall Certainly no more so than a nurse's dress
BOSTON, MASS., July 9, 1953. be entitled to an additional sum of not to or a fireman's shirt or a policeman's Congresswoman EDITH NOURSE ROGERS, exceed $50 for reimbursement for the pur trousers.
House of Representatives, chase of required uniforms and equipment, If, then, the general rule is satisfied,
Washington, D. C.: upon completion of each period
** of 4
Am advised Ways and Means Committee years of satisfactory Federal service
will offer amendment to customs simplificaa part of the affirmative law? Assuredly performed in an active status in a Reserve
tion bill which would add so-called injury component and which shall include at least our service men and women are entitled
test to countervailing duty statute. This 28 days of active duty or active duty for
to the same benefits as our civilian in is a new feature of bill on which no public training. come earners and taxpayers.
hearings were held. We strongly oppose as