PROVIDING CERTAIN BASIC AUTHORITY FOR THE DEPARTMENT OF STATE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP59-00224A000100480004-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 10
• Document Creation Date: November 17, 2016
• Document Release Date: July 31, 2000
• Sequence Number: 4
• Publication Date: July 27, 1955
• Content Type: REPORT

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Calendar No.1187
84TH CONGRESS I SENATE 5 Rl:Powr
Ist Session No. 1175
PROVIDING CERTAIN BASIC AUTHORITY FOR THE
DEPARTMENT OF STATE
Mr. GEORGE, from the Committee on Foreign Relations, submitted
the following
REPORT.
The Committee on Foreign Relations, having had under considera-
tion S. 2569, a bill to provide certain ba,ic authority for the Depart-
ment of State, report the same to the Senate with two clarifying
amendments and recommend that it do pars.
It is the purpose of this bill to authorize the Department of State
to carry on certain housekeeping-type activities in connection with
the conduct of the foreign policy of the United States. For many
years provisions have been included in appropriations acts recognizing
that such activities are necessary in the day-to-day operations of the
Department of State. Much of the language of those appropriations
bills has been subject to a point of order under Senate rule XVI,
paragraph 4, which provides in part that-
No amendment which proposes general legislation shall be received to any
general appropriation bill * * *.
The enactment of this bill will make it unnecessary in the future to
request waiver of points of order for the activities authorized herein.
The bill does not, except for sections 14, 15, and 16, authorize the
appropriation of any funds that have not normally been included in
appropriation acts for many years.
The Committee on Foreign Relations referred S. 2569 to a subcom-
mittee under the chairmanship of Senator Mike Mansfield for con-
sideration. On July 20, the subcommittee received in support of the
55006
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CERTAIN BASIC AUTHORITY FOR THE DEPARTMENT OF STATE
till testimony of the Honorable Loy Henderson, Deputy Under
Secretary of State for Administration, Edward B. Wilber, Deputy
Controller and Budget Officer of the Department of State, and J.
Edward Lyerly, Office of the Legal Adviser of the Department of
State. The subcommittee reported the bill to the Committee on
Foreign Relations with an ame?idment suggested by the Joint Com.-
niit'ee on Printing. The Committee on Foreign Relations favorably
reported S. 2569 to the Senate on July 27.
In view of the fact that most of the problems which will be dealt
with by the pending bill have arisen over a period of years during the
consideration of appropriation legislation relating to the. Department
of State, the committee asked the budget officer of the. Department of
State to prepare a statement indicating the need for each section of the
bill and the provisions of law or of past appropriation acts related to
those se--tions.
The information received is as follows:
EXPLANATION OF A BILL To PROVIDE CERTAIN BASIC AUTHORITY FOR THE
DEPARTMENT OF STATE
The provisions embodied in-this bill represent items carried in appropriation
acts for many years which the Congress has recognized as necessary to permit the
State Department to carry out its normal functions. The majority of items
cover the normal housekeeping tasks which the Department of State has found
necessary in maintaining a worldwide organization for diplomatic and consular
operations.
The specific provisions of the bill are explained in the following sections:
Section 1. Passport and despatch agencies.--This section provides that the
Secretary of State is authorized to establish, maintain and operate passport and
despatch agencies.
The, Secretary has basic authority to issue passports as set forth below:
(22 U. S. C. 211a): "The Secretary of State may grant and issue passports,
and cause passports to be granted, issued, and vertified in foreign countries by
c. tiplem.atic representatives of the United States * * * under such rules as the
President shall designate and prescribe for and on behalf of the United States,
and no other person shall grant, issue, or verify such passports" (44 Stat. 887).
Passport agencies established as a convenience to the public are considered
a normal activity to expedite the public business. Authority to establish, main-
tain and operate passport agencies has been contained in annual appropriation
acts for many years. Without such agencies the entire work of passport issuance
would have to be done in Washington. If all work were done in Washington,
the inconvenience and delay to applicants would jeopardize the present efficient
service.
Despatch agencies (5 U. S. C. 153a): "There shall be paid compensation to
agents and employees of, and rent and other expenses for, despatch agencies
established by the Secretary of State."
The above section of the United States Code is based on provisions contained
for many years in the Department of State annual appropriation acts. Dispatch
ageneie3, which serve all departments and agencies of the Federal Government,
v; ere edablish.ed because of the need to expedite shipments of materials required
to support the overseas operations of the United States Government.
Se^tion 2.--This section provides that the Secretary of State, when authorized
in an appropriation or other law, may do a number of specific, acts as set forth
below.
Se^,ion 2 (a). Printing and binding.--The act of March 1, 1919 (44 U. S. C. 111)
provides that all printing be done at the Government Printing Office and also
provides for a Joint Committee on Printing which can issue waivers for printing
done at places other than at the Government Printing Office. Exemption from
this provision was provided in the Stc..te Appropriation Act, 1947 and repeated in
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subsequent years. This provision, as amended by the Committee, applies only
to printing and binding done outside the continental limits of the United States.
It is frequently quite difficult and often very expensive to have all printing and
binding submitted to Washington from posts all over the world. If the work were
clone at the Government Printing Office, the cost would be higher because of the
higher costs in the United States for paper and labor. In addition to the higher
basic cost of printing at the Government Printing Office there would have to be
added approximately 25 percent of the cost for shipping the material to the posts
.overseas.
Section 2 (b). Printing and binding equipment abroad.-The United States Mis-
sion in Germany maintains a printing plant which provides an economical method
for the Government in supplying printed materials to the mission and other
agencies in Europe. It is estimated that in fiscal year 1956 30 percent of the print-
ing and reproduction capacity of the plant will be used for administrative printing
on behalf of the mission, 46 percent for the United States Information Agency re-
quirements and the remaining 24 percent for other United States agencies in
Europe and for the Department of State posts in Europe, North Africa, and the
l\Tear East.
Section 2 (c). Storage of household goods.-This provision permits the Depart-
ment to pay the costs incident to storing an employee's household and personal
effects when the Department assigns an employee to a post where quarters are
furnished. The 1956 estimate included approximate] v$1.00,000 for this provision.
.If the provision were not available, the goods would have to he shipped to the
employees at additional cost to the Government.
Section 2 (d). Employment of aliens by contract.- -The Classification Act of 1949
provides in section 202 thereof as follows: "This Act * * * shall not apply
to-- * * * (29) persons employed on a fee, contract, or piecework basis; * * *"
(5 U. S. C. 1082 (29)).
The Department has learned from experience that, at certain Foreign Service
posts abroad, it is more advantaveous and less costly to the Government to con-
tract for the intermittent services of aliens for cleaning, repairing, maintenance,
and related services rat}.er than employ them continuously as employees of the
Foreign Service. In order to acquire such services by contract it is necessary to
include the provision set forth in section 2 (d).
1 Section 2 (e). Employment of personnel without regard to civil service and classifi-
cation.-This provision waives the civil service and classification laws only when
authorized in an appropriation act or other law. It is presently authorize ? in the
appropriation entitled "International Contingencies." The Department has the
following authority under other law:
(a) Without regard to civil-service laws.-The basic authority to support
this waiver is found in the various participation acts, such as the U. N. Act
(22 U. S. C. 287a), the UNESCO Act (22 U. S. C. 287r), the WPO Act
(22 U. S. C. 2901)), the ILO Act (22 U. S. C. 272a), the Pan American Rail-
way Congress Act (22 U. S. C. 280k), the Caribbean Commission Act (22
U. S. C. 280i), the International Whaling Convention Act (Sec. 14. Public
Law 676, 81st Cong., 64 Stat. 421), the South Pacific Commission Act
(22 U. S. C. 280b), at cetera.
(b) Without regard to classification laws.-The basic authority to support
this waiver is found in all the acts cited above, and in 5 U. S. C. 1082 which
provides: "This chapter * * * shall not apply to-* * * (2) * * * posi-
tions in and under the Department of State which are (A) connected with
the representation of the United States to international organizations; or
(B) specifically exempted by law from the Classification Act of 1923, as
amended, or any other Classification or compensation law; * * *" (Classifi-
cation Act of 1949, 63 Stat. 954).
Section 2 (f). Official entertainment.-The Comptroller General of the United
States has ruled that unless the appropriation act contains specific authority
for the use of funds for entertainment, or provision is made in the authorizing
legislation, appropriated funds are not available for such purpose (5 Comp.
Gen. 455; 26 Comp. Gen. 283).
Two appropriations of the Department carry authorization in fiscal year 1956
for entert_a,inment. The international contingencies appropriation provides that
of the total available not to exceed $100,000 may be spent for representation and
for entertainment. The major portion of expense under this provision is spent
overseas at official international conferences. In addition some funds are required
.when: international conferences are held in the United States.
. The. appropriation designated "International educational exchange activities"
has a limitation of $1,000 for fiscal year 1956. This fund is used for entertaining
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94 CERTAIN BASIC AUTHORITY FOR THE DEPARTMENT OF STATE
prominent exchange visitors who come to Washington to visit the Nation's
Capital and interview Government officials.
Section 2 (g). Purchase of uniforms.-There is authority contained in 5 United
States Code 118g as follows:
"A,ppropria,tions availa4Je for the procurement of supplies and msterials or
equipment shell l-e available for the purchase and maintenance of special clothing
and equipment for the protection of personnel in the performance of their assigned
tasks" (60 Sta,t. 809).
The Comptroller General of the United States, however, has ruled in various
decisions, including 22 Comptroller General 1015, that in the absence of specific
statutory authority, uniforms to be worn by civilian employees of a Government
agency may not be considered as equipment to be procured and furnished by the
Government at public expense, but must be considered as personal furnishings to
be procured at the expense of the employees.
The Department requires general authority to purchase uniforms because of the
varying requirements and varying costs for uniforms in different countries. The
cost may vary from $10 to $150 per employee per year. The Federal Employees'
ITniform Allowance Act (68 Stat. 1114) provides a maximum of $100 a year which,
if used by the Department, would result in inequities.
Uniforms are provided only where local custom requires them for such positions
as chauffeurs, messengers, elevator operators, nurses, doctors, doormen, and
Marine guards. In the case of Marine guards, civilian clothing must be provided
because of local regulations regarding the wearing of uniforms. Replacement
standards vary with different areas of the world. On the average, 1 summer
and 1 winter outfit are provided each year.
Section 2 (h). Transporting remains of deceased eochangee. --This provision is
authorized in the appropriation for international educational exchange activities.
It is a contingent provision which is rarely used but necessary as a result of
experience.
Section 3 provides that the Secretary is given general authority to act in the
following specific cases:
Section 3 (a). Motor vehicle insurance.-Laws in some foreign countries require
that insurance be carried on all motor vehicles being operated in those countries.
The above provision is necessary as the Comptroller General of the United States
has consistently ruled that funds of a Government agency may not be expended, in
the absence of statutory authority to purchase insurance to cover the Govern-
rnent's possible tort liability (19 Comp. Gen. 798).
The above provision is necessary to save this Government from the embar-
rassment of being unable to comply with local regulations.
Section 3 (b). Tie line.-Tie lines and te'etyre equipment rentals are considered
normal contingent e?penses of tl,.e Department which is operating a highly com-
plex communi"ations system utilizing commercial and military facilities. Equip-
rnew and tie lines are required for intraoffice and interbuilding and interc'epart-
raeni; lines for e pe-'itious service and special lines where the traffic provides
economical operation or security.
The estimated cost in the 1956 estimates for such lines and equipment is
h600.000. If the provision were eliminated it is estimated that the Department
would spend 5 to 6 million dollars for the service it now receives for an expenditure
of $600,000.
If commercial facilities were used entirely, not only would the Government's
exi,enditures increase tenfold, but it would he impossible to tie them into e-isting
Government fa-pities either in the Department or with other Government
systems, and security would he a very real problem to overcome.
,9'ection 3 (c). Ice and drinking water.-In many posts ice and drinking water
have to be purchased to protect the health of the employees because the local
water, if available, is contaminated.
Section 3 (d). Excise taxes.--In several foreign countries this Government is
obliged to pay for excise taxes which would correspond to local or Federal taxes
in the United States. The Department's records do not reveal readily the
;specific amount paid under this provision.
Section 3 (c). Relief, protection, and burial of seamen.--This is a contingent
item. The United States Government has not paid for the cost of the burial of
an American seaman for the past 5 years as the Government seeks to have the
cancan's employer bear such costs. it is felt, however, that the burial of seamen
Palls within the concept of rendering aid to Americans and comes within the
intent of 48 United States Code 678 R here it is stated that it is the duty of consuls
to provide for the seamen of the United States who may be found destitute.
;,ce following item.
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CERTAIN BASIC AUTHORITY FOR THE DEPARTMENT OF STATE 5
Section 4 (f). Expenses of rescue--This provision permits the United States
to pay rescuers of Americans nominal sums for their services. In fiscal year
1254, the costs of rescuing the seamen of two United States fishing vessels were
paid under this provision-the Sun Voyager ($603.73) and the Santa Barbara
($844.37) at a total outlay of $1,448.10.
This is obviously a contingent item and required to assure the protection of
Americans and might well be construed to be within the intent of the provisions
of title 46, United States Code, sections 678 and 679 and title 50, United States
Code Appendix, section 1291 stated below:
(46 U. S. C. 678:) "It shall be the duty of the consuls and vice consuls, * * * to
provide for the seamen of the United States, who may be found destitute * * *,
sufficient subsistence and passages to some port in the United States, * * * at
the expense of the United States, subject to such instructions as the Secretary
of State shall give * * *" (see. 4577, Rev. Stat.; 34 Stat. 100).
(46 U. S. C. 679:) "All masters of vessels of the United States, * *: are
required to take such destitute seamen on board their vessels, at the request of
consular officers, and to transport them to the port in the United States to which
such vessel may be bound on such terms, not exceeding $10 for each person * * *.
If such destitute seamen are so disabled or ill as to be unable to perform duty,
the consular officer shall so certify in the certificate of transport-) tion, and such
additional compensation shall be paid as the Comptroller General of the United
States shall deem proper * * * Reasonable compensation, in addition to the
allowances provided herein * * *, may be paid from general approprictionj for
the relief and protection of American seamen, when authorized by the Secretary
of State, * * *" (see. 4578, Rev. Stat.; 23 Stat. 55; 24 Stat. 83; 28 Stat. 205;
42 Stat. 24; 46 Stat. 20,1).
(50 U. S. C. App. 1291:) "Officers and members of cre's's * * * employed on
United states or foreign flag vessels as employees of the United States * * ` shall,
with respect to * * * (2) death, injuries, illness; mainte:iance and cure, loss of
effects, detention, or repatriation * * * have all the rights, benefits, exemptions,
privileges, and liabilities, under law applicable to citizens of the United States
employed as seamen on privately owned and operated American vessels * * *"
(57 .;tat. 45, as amended).
Section 3 (g). Rent of buildings.--This provision is similar to the following
authorization contained in the :State Appropriation Act, 1931:
(22 U. S. C. 291:) "The Secretary of State may lease or rent, for perindsnot
exceeding ten years, such buildings and grounds for the use of the Voreign service
as may be necessary; and he may, in accordance with existi-ig practice without
cost to them, and within the limit of any appropriation by Congress, furnish
the officers and employees in the Foreign Service with living quarters, heat, likht,
and household equipment in Government-owned or rented buildings, at places
where, in his judgment, it would be in the public interest to do so, not',cithstanding
the provisions of section 70 of title 5; * * *" (46 Stat. 177).
Rental for periods in excess of 10 years is provided in the Foreign service
Buildings Act of 1926, as amended.
The proposed provision resulted from the Department's experience in being
forced to acquire leases on a long-term basis and being required to make payments
in advance, which is prohibited by 31 United States Code 529 unless authorized
by an appropriation or other law.
(31 U. S. C. 529): "No advance of public money shall be made in ally case
unless authorized by the appropriation conceriied or other lay * * *" (60
Stat. 809).
Section 3 (h). Maintain rented properties.-The purpose of this provision is
to permit the Department to manage the property rented or leased under 3 (g)
in such a manner as will provide economical operation and security. The Sec-
retary has general authority to do so under the following provision:
(41 U. S. C. 12): "No contract shall be entered into for the erection, repair,
or furnishing of any public building, or for any public improvement 'hich shall
bind the Government to pay a larger sum of money than the amount in the Treas-
ury appropriated for the specific purpose" (sec. 3733, Rev. Stat.).
(22 U. S. C. 296): " * * * the Secretary of State is authorized to supervise,
preserve, maintain, operate * * * the Foreign Service properties in foreign
countries and the other properties acquired in accordance with the provisions
of said sections * * *" (66 Stat. 140).
Section 4 is a restatement of appropriation language that has been in existence
many years supported by citations to the basic law of the Department and Section
291 of the Revised Statutes.
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'eetion 4 (a). Expenditure for unforeseen emergencies.-
(5 U. S. C. 156) : "The Secretary of State shall perform such duties as shall
from time to time be enjoined on or intrusted to hint by the President relative
G) correspondence, commissions, or instructions to or with public ministers or
consuls from the United States, or o negotiations with public ministers from
foreign states or princes, or to memorials or other applications from foreign public
ministers or other foreigners, or to such other matters respecting foreign affairs
a.-; the ['resident of the United States ;hall assign to the Department, and he shall
c:rmdiict the business of the Department in such manner as the President shall
dire-F" (se 2)2, Rev. Stat.).
(31 P. S. C. 107) : "Whenever any sum of money has been or shall be issued,
from the Treasury, for the purpose of intercourse or treaty with foreign rations,
in pursuance of any law, the President is authorized to cause the same to be duly
si~ttle i annually with the General Accounting Office, by causing the same to be
acecrurted for, specifically, if the ox~)enditnre may, in his judgment, be made
public; and by making or causing the Secretary of State to make a certificate of
the amount of such expenditure as he may think it advisable not to specify; and
everv such certificate shall be deemed a sufficient voucher for the sum therein
eqprosser# to have been expended" (ser . 291, Rev. Stat.; 42 Stat. 24).
Section 4 (b). Delegation to subordinates.-This is a specific delegation of the
authority in section 291 of the Revised Statutes. The Secretary now has the
following authority:
(5 IT. S. C. 151c): "The Secretary of State * * * may delegr,te authority to
perform s,ny * * * functions to officers and employees under his direction and,
nrlmrvi^,ion" (63 Stat. 111).
Secti:m --'This section provides basic authority for the operations carried on
under funds appropriated to the Department for rnany years under the title of
"intern:;tion:tl Contingencies". Thin is the appropriation which cont.air.s funds
!,o defr:;y the expenses of the United States in meetings and conferences with
r,,presentatives of other countries as ,uthorized by treaty, convention, or specific
qet of Congress, including meetings aid conferences of international organizations
iri which the United St:d,es participat rs as an adhering member.
x^,ui_p[es: Meetings of the General Assembly of the United Nations,
*,eet.ings of the General Conference of UM NCO; meetings of the World
lleAth Assembly of W11O; meetings of the Council and Conference of the
Food and Agriculture Organizaton; meetings of the General Conference of
[LO; meetings of the Pan American R~,,ilws,y Congress; meetings of the Inter-
:7.-,rli.a-,entarv Union for the Pro motion of International Arbitration; meet-
ngs of the Intern.a,tionai Telecommunication Union, et cetera,.
'1"his appropriation also containsfuids for United States participation in [new or)
temporary international organizations or other routine international activitieF
a~ hich are not specifically authorized )y treaty convention or specific at of Con-
1 he following subsections are similar to the wording in the appropriation
a et:
Nr,tion 5 (a). Part iei.pation.-Geioral authority is provided in the basic act
of the Department.
(5 U. S. C. 156:) "The Secretary of State shall perform such duties; as shall from
time to time be enjoined on or intrusted to him by the President relative to cor-
respowtences, commissions, or instructions to or with public ministers or consuls
from the United States, or to negotiations with public ministers from foreign
states or princes, or to memorials or other applications from foreign public minis-
ters or other foreigners, or to such other matters respecting foreign affairs as tho
President of the United States shall assign to the Department, and he shall. con-
e uct the business of the department iu such manner as the Pre>udent shall direct"
(ice. 202, Rev. Stat.).
Section 5 (b; (1). Expenses of partici pat ion, employment of aliens : --this provision
included because of restriction contained in the Supplemental Appropriation
Act, 1953 (Public Law 547, 82d Cony.), as follows:
"Sr(,. 1402. Unless otherwise specified and during the current fiscal year, no
part of any appropriation contained in this or any other Act shall be used to pay
the compensation of any officer or employee of the Government of the Unites[
States * * * whose past of duty is in continental United States unless such
person (1) is a citizen of the United States, (2) is a person in the service of the
United States on the date of enactment of this Act who, being eligible for citizen-
ship, had filed a declaration of intention to become a citizen of the United States
prior to such date, or (3) is a person who owes allegiance to the United
states: * * * "
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Section 5 (b) (2). Travel expenses.-This provision permits the Department
under strict internal regulation to pay travel expenses and per diem for partici-
pants at international conferences without regard to the standardized travel
regulations. Participants at conferences are given quarters at a specific hotel
which becomes a State Department office and in addition, a reduced per diem for
living expenses. Frequently the site of an international conference will be
established by the host government in a resort area where lodging and meals are
considerably more costly than the usual rate for the city or country in question.
Section 5 (b) (3). Travel expenses of w. o. c.'s.--Occasionally persons who are
not in the employ of the United States Government serve without compensation
as officially accredited members of United States delegations to international
conferences and related activities. Persons who serve without compensation
should receive the same per diem in lieu of subsistence as is paid other members
of the delegation. However, section 5 of Public Law 600, 79th Congress, limits
to $10 the per diem that may be paid persons who serve without compensation
(5 U. S. C. 73 b-2, 60 Stat. 808). This provision would place all members of the
delegation on an equal basis for their travel expense.
Section 5 (b) (4). Rental of quarters.-Frequently in order to provide adequate
quarters for the United States delegation it is necessary to contract for a block of
rooms at a specific hotel.
Section 5 (b) (5). Contributions: This provision provides authority for the
United States to make contributions to new or temporary international organiza-
tions where participation is necessary. Examples of contributions of this kind
provided by the "International contingencies" appropriation are (1) Central
Commission for the, Rhine River, (2) General Agreement on Tariffs and Trade,
(3) International Cotton Advisory Committee, (4) International Rubber Study
Group, (5) International Seed Testing Association, and (6) International Tin
Study Group.
Section 6. ICAO.--This section provides that the administrative provisions
of the United Nations Participation Act of 1941i shall be applicable to the ex-
penses incurred in connection with United States participation in the Inter-
national Civil Aviation Organization. This provision has been included an-
nually in the appropriation acts since 1949.
Section 7. Proceeds of sale.--The purpose of this provision is to remove any
fiscal year limitation on the use of the proceed.; from the sale or exchange of
passenger motor vehicles in possession of the Foreign Service abroad.
Section 8.-This is permissive authorization for the Secretary to make funds
available to other agencies when authorized by law.
Section 9. Exemption from Revised Statutes 3741.-The law for which exemption
is requested follows:
(41 U. S. C. 22) : "In every contract or agreement to be made or entered into,
or accepted by or on behalf of the United States, there shall be inserted an express
condition that no Member of or Delegate to Congress shall be admitted to any
share or part of such contract or agreement,, or to any benefit to arise there-
upon * * *" (sec. 3741, Rev. Stat., as amended).
Such a provision in a contract entered into in a foreign country is frequontly
misunderstood and in view thereof, the Department believes that a waiver should
be granted.
Section 10. Exchange of funds.--The above provision if deleted will not affect
the Department's operations. The United States Code (31 U. S. C. 492a) provides
adequate authority for the Department to exchange funds. Public Law 442 of
June 29, 1954 (68 Stat. 322), made permanent the act of December 23, 1944 (58
Stat. 921), as amended by the act of June 16, 1953 (67 Stat. 61).
Section 11. Travel of personnel outside the continental United States.-In response
to request by the chairman of the subcommittee of the House Appropriations
Committee for the Department of State recommendations to meet problems
arising from regulations and decisions of the General Accounting Office, and
regulations of the Treasury Department, in connection with the Department's
operations all over the world, this lafguage was included in the Department of
State Appropriation Act, 1919 (see. 106, Public Law 579, 80th Cong., June 3,
1948).
The Comptroller General of the United States, in decision of June 27, 1947
(26 Comp. Gen. 961) held that obligations incident to travel of personnel of the
Department and the Foreign Service are incurred and are chargeable against
appropriations current at the time tickets are purchased. On July 2'l, 1947
(27 Comp. Gen. 25) he ruled that expenses of transportation are chargeable to
the appropriation current at the time such expenses are-incurred, and not to the
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appropriation current at the time transfer orders are issued, in the absence of a
specific statutory pro- ision to the contrary. On June 18, 1948 (27 Comp. Gen.
7(14), in response to the Department's request for a clarification of the rule as to
the appropriation properly chargeable with the cost of transportation, the Comp-
troller General ruled that the cost is chargeable to the appropriation available
for expenses of travel for the fiscal year in which the tra. el is commenced.
Due to rapidly changing world co editions, before a trip is completed it is
frequently necessary to change the destination of personnel to meet emergency
needs of the Department abroad. In the majority of cases it requires a number
of months to complete all transactions in the transfer of employees.
The principal objective of this la'igurge was to make it possible to plan transfers
of personnel without being confronted with an unknown carryo, er i-i connection
with expenses that previously had to ba> di ided and charged against two separate
fiscal year appropriations.
Section 12. Use of official vehicles.-The act of August 2, 1946 prohibits the use
of official vehicles for transportation )f employees between their domiciles and
places of employment as follows:
(5 U. S. C. 78:) "(c) Unless otherwise specifically provided, no appropriation
available for any department shall be expended * * w (2) for the maintenance,
operation, and repair of any Government-owned passenger motor vehicle or air-
craft not used exclusively for official purposes; and `official purposes' shall not
include the transportation of officers and employees between their domiciles and
places of employment, except in cases of medical officers on outpatient medical
service and except in cases of officers and employees engaged in field work the
character of whose duties makes such transportation necessary and then only as
to such latter cases when the same is approved by the head of the- department
concerned * * *" (60 Stat. 810).
Authority to transport employees from their residences to the office and return
w?ien conditions warrant it, especially in countries behind the Iron Curtain and in
the Far East areas where public transportation facilities are unsafe or are not
available, was first included at the request of the Department in the appropriation
act for the fiscal year 1950 (sec. 107, l iblic Law 179-81st Cong., July 20, 1949).
Scc'ion 13. Late of per diem for exchan:gees.-This provision was originally author-
ized in an appropriation act when the iaaximum rate available in the Government
was $',-) per day. Under this provision the Secretary of State sets rates for partici-
pa.nts of exchange or similar programs brought to this country by any Govern-
ment agency. Rates are set after a ca; eful study of living costs, and for the most
part are below the maximum authorized.
Section 14.--'t'his section would authorize allowances granted under section 901
(P of the For6,.gn Service Act of 1946 (22 U. S. C. 1131 (1)), to include water in
addition to the utilities specified.
Section 901 (1) of the Forei:tn Service Act provides: "Allowances, wherever
Government-owned or rented quarters are not available, for living quarters, heat,
li ;ht, fuel, gas and electricity * * *."
At ninny Foreign Service posts the cost of water is a very large item of necessary
expense to employees. Apparently it was omitted from the list of other utilities
in the Foreign Service Act for which the Department is authorized. to pay.
Section 15.--This section authorizes appropriations now or hereafter made
available to the Department of State or allowances granted under the authority
in part, A of title IX of the Foreign Service Act of 1946, as amended (22 U. S. C.
1131), to be available for the payment of such allowances in advance.
This provision wo""ld authorize the Department to pay allowances to employees
in advance where their contracts or commitments require prepayment; for ex-
ample, housing leases which are obtainable only if rent is paid in advance for long
pvriods.
Many employees have found it rrec.:ssary to borrow money in order to obtain
rented quarters where local business practice demanded advance rental payment
for periods of 6 months or a year. Some other agencies, such as FOA, already
have the authority to make payments of allowances in advance. Other types of
allowances frequently require out-of-pocket payments by employees before they
are reimbursed by the Departmer t.
Section 16.--This section authorizes the Secretary of State, notwithstanding the
provisions of any other law, to prescribe regulations for the payment on a corn-
mutated basis of expenses authorized by law for travel of personnel of the Depart-
went and its Foreign Service, including travel of dependents and for transporta-
tion, or for transportation and storage, of furniture and household and personal
effects, and automobiles of such personnel.
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ERTAIN BASIC AUTHORITY FOR THE DEPARTMENT OF STATE.
This provision will permit the Department to make commutated payments for
travel and the shipment of personal effects and household goods.
Authority is requested to make commutated payments in lieu of other methods
of payment whenever it is deemed to be in the interest of the United States
Government to do so. It is believed analysis will show that economies can be
effected by paying per diem in fixed amounts between predetermined points, thus
obviating the necessity for detailed claims on a daily and hourly basis; similar
analyses may also prove the economy in giving the traveler a lump-sum payment
to cover travel expenses based on experience factors and travel rates; finally,
studies may indicate that payment for shipment of personal effects and household
goods can be paid in lump sum under strict limitations regarding weight and
volume. Successful implementation of commutated payments of this nature
would result in manpower and paperwork savings.
Section 17. Enabling clause.-This provision authorizes appropriations to carry
out the purposes of the act and is a standard clause.
In addition to the foregoing comments received from the Depart-
ment of State, the committee received the following letter from the
chairman of the Subcommittee on Departments of State and Justice
and the Judiciary of the Senate Committee on Appropriations. The
suggestions made in this letter are included in sections 14, 15, and 16
of the bill:
UNITED STATES SENATE,
COMMITTEE ON APPROPRIATIONS,
July 12, 1955.
Chairman, Foreign Relations Committee,
United States Senate, Washington, D. C.
DEAR MR. CHAIRMAN: In accordance with the authorization granted by the
committee of conferees on H. R_ 5502, the appropriation bill for the State Depart-
ment and other activities for the fiscal year 1956, there is Submitted for considera-
tion of your committee the following legislative matters previously included. in the
bill as passed by the Senate. Such items were deleted by the conferees with the
thought that your committee might take appropriate action during the present
session of the Congress.
These items are as follows:
(1) Provision for advance payments of Foreign Service allowances:
"Appropriations granted under the authority in part A of title IX of the Foreign
Service Act of 1946, as amended, shall be available for the payment of such
allowances in advance."
This proposed provision would authorize the Department to pay allowances to
employees in advance where their contracts or commitments require prepayment.
For example, housing leases which are obtainable only if rent is paid in advance
for long periods.
(2) Provision on post allowances:
"Allowances granted under section 901 (1) of the Foreign Service Act of 1946
(22 U. S. C. 1131), may include water, in addition to the utilities specified."
This proposed provision would authorize the Department to pay the costs of
water purchased by personnel located in non-Government-owned quarters at
foreign posts. Such allowance was not included in the list of utilities authorized
in section 901 (1) of the Foreign Service Act. It is my understanding, however,
that such allowance is provided military personnel under the guise of commuta-
tim of quarters.
(3) Provision for commuted payments for travel and the shipment of personal
effects and household goods:
"The Secretary of State may, notwithstanding the provisions of any other law,
prescribe regulations for the payment on a commuted basis in lieu of any other
method, of expenses authorized by law for travel of personnel of the Department
and its Foreign Service, including travel of dependents, and for transportation,
and/or storage of furniture and household and personal effects, and automobiles
of such personnel."
This proposed provision will permit the Department to make commuted pay-
ments for travel and the shipment of personal effects and household goods of
Foreign Service personnel whenever it is found to be in the interest of the United
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10 CERTAIN BASIC AUTHORITY FOR THE DEPARTMENT OF STATE
States Government. Such authority is presently granted for domestic expenses
by Public Law 600, 79th Congress.
HA.RLEY' M. KILGORE,
Chairman, Subcommittee on Departments of
State and Justice and the Judiciary.
Enactment of the pending bill is necessary to serve as basic authority
for essential activities of the Department of State. The committee
emphasizes that it does not construe any provision of the pending bill
as authorizing the Department of State to engage in activities which
it has not engaged in heretofore in the absence of this legislation.
Thus, authorization in section 5 to provide for participation in certain
international activities for which provision has not been made by
treaty or by special act of Congress is not to be construed as authoriza-
Con for the Secretary of State to commit the United States to mem-
bership in permanent international organizations requiring substantial
fixed. contributions from the United States unless there is specific
legislative authority for such participation. In view of the necessity
for this legislation and the fact that annual appropriations are re-
quired to give effect to these provisions, the committee recommends
its early approval.
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