Foreign Relations of the United States, 1947, The Near East and Africa, Volume V

868.00/3–447

Memorandum by the Assistant Legal Adviser for International Organization Affairs (Howard) to the Under Secretary of State (Acheson)

secret

[Washington,] March 4, 1947.

The attached memorandum¹ on proposed legislative measures to provide aid to Greece and Turkey was prepared in consultation with Messrs. Henderson—NEA, Labouisse—EUR, Ness—OFD, Havlik—ED, Jernegan—NE, Robertson—NEA, and Wolkin—Le.

Authority to provide assistance under existing legislation and various types of legislation for obtaining additional authority needed were considered.

The most difficult problem was that of providing adequate Congressional control without sacrificing administrative practicability.² The proposal contained in the outline of legislation attached, which provides for Congressional approval of the President’s findings that assistance should be provided to a particular country, is submitted on the basis of a recognized inadequacy in our present knowledge as to what Congress may be prepared to accept. A second Congressional control is, of course, in the over-all limitation on appropriations. This type of control might be extended by providing in the appropriations for stated amounts for specified countries, subject to emergency use under proper safeguards for other countries not so specified. Still another type of control, which would probably be too rigid, is a requirement of Congressional approval of the individual agreements made with countries which are prospective recipients of assistance.

[Annex]

Memorandum on Proposed Legislative Measures To Provide Aid to Greece and Turkey

secret

[Washington, undated.]

1. It is recommended that a single legislative measure be sought along the lines of the attached outline,³ rather than a number of legislative measures covering separately the various forms of aid, viz., the furnishing of funds to countries needing assistance, the detailing of military personnel, the detailing of civilian personnel, and the procurement and furnishing of military and other supplies.

2. It is recommended that the single legislative measure be in the form of a general enabling authority, requiring implementation by appropriations from time to time, rather than in the form of authority for assistance to particular countries specified in the legislation.

3. It is recommended that only if, after introduction and consideration by Congress of the proposed legislative measure, it appears that certain immediate needs of Greece or Turkey must be met prior to the probable date of enactment of the measure, the Congress be asked by concurrent resolution to request and authorize the President to direct the Export-Import Bank to make a loan of a modest amount to one or both of these countries. A concurrent resolution would probably be effective for this purpose since the limitation on the exercise of the Bank’s powers was expressed in the form of a statement of the policy of Congress.

[Sub-Annex]

Outline of Proposed Enabling Legislation

The principal provisions of the proposed enabling legislation would be along the following lines:

1. Authority

Alternative A. The President is authorized to furnish assistance to any country for the purpose of promoting its stability and independence whenever he finds such assistance is in the interest of the national security. (Preferred by majority.)

Alternative B. The President is authorized to furnish assistance to any country requesting assistance for the purpose of promoting or sustaining within its territory a democratic form of government whenever he finds such assistance is in the interest of the national security and welfare.

Alternative C. The President is authorized to furnish assistance to any country whenever he finds such assistance is in the national interest.

2. Congressional Approval. The President shall transmit to the Congress the name of any country which he finds eligible to receive assistance. Such assistance may be furnished beginning thirty days thereafter, unless the Congress by concurrent resolution within such period disapproves the furnishing of assistance to such country, or beginning at an earlier date upon approval of the Congress by concurrent resolution.

3. Nature of Assistance. The assistance, which the President is authorized to furnish through any agency of the Government, shall include

a. funds;

b. military, industrial and agricultural supplies;

c. details of military and civilian personnel, and other services.

4. Safeguards. A foreign government prior to receiving any assistance must agree (i) to utilize funds, supplies or services for the specific purposes agreed upon; (ii) to permit full disclosure to its people through press and radio of the source, amount and general nature of assistance furnished; (iii) to permit free access of United States Government officials for the purpose of Observing that the assistance is utilized effectively and in accordance with the undertakings of the recipient government; (iv) not to transfer title to or possession of supplies received without the consent of the President; and (v) to enforce effective security restrictions when requested to do so with respect to particular supplies furnished.

5. Termination of Assistance. The furnishing of assistance shall be terminated at any time the President finds that the undertakings of the recipient government are not being fulfilled or for any other reason in the interest of the United States.

6. Repayment. The terms of repayment or other benefits to be received by the United States shall be determined by the President.

7. Delegation of Authority. The President may delegate the authority of administering the program of assistance to the Secretary of State.

8. Reports. The President shall make periodic reports to the Congress.

9. Terminal Date. The enabling legislation will expire on June 30, 1950.

1. Infra.
2. See Sub-Annex, p. 85.
3. Infra.