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possession, or other similar governmental organization or subdivision of a foreign government, and any agency or instrumentality of any such foreign government or of any such organization or subdivision; (3) the term 'central bank' includes any foreign bank or banker authorized to perform any one or more of the functions of a central bank; (4) the term 'person' includes any individual, or any corporation, partnership, association, or other similar organization; and (5) the term 'insured bank' shall have the meaning given to it in section 12B of this Act."

Approved, April 7, 1941.

[CHAPTER 49]

JOINT RESOLUTION

Affirming and approving nonrecognition of the transfer of any geographic region in this hemisphere from one non-American power to another non-American power, and providing for consultation with other American republics in the event that such transfer should appear likely.

Whereas our traditional policy has been to consider any attempt on the part of non-American powers to extend their system to any portion of this hemisphere as dangerous to the peace and safety not only of this country but of the other American republics; and Whereas the American republics agreed at the Inter-American Conference for the Maintenance of Peace held in Buenos Aires in 1936 and at the Eighth International Conference of American States held in Lima in 1938 to consult with one another in the event that the peace, security, or territorial integrity of any American republic should be threatened; and

Whereas the Meeting of the Foreign Ministers of the American Republics at Panama October 3, 1939, resolved "That in case any geographic region of America subject to the jurisdiction of any nonAmerican state should be obliged to change its sovereignty and there should result therefrom a danger to the security of the American Continent, a consultative meeting such as the one now being held will be convoked with the urgency that the case may require": Therefore be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, (1) That the United States would not recognize any transfer, and would not acquiesce in any attempt to transfer, any geographic region of this hemisphere from one non-American power to another non-American power; and

(2) That if such transfer or attempt to transfer should appear likely, the United States shall, in addition to other measures, immediately consult with the other American republics to determine upon the steps which should be taken to safeguard their common interests. Approved, April 10, 1941.

[CHAPTER 59]

JOINT RESOLUTION

To carry out the obligations of the United States under the Inter-American Coffee Agreement, signed at Washington on November 28, 1940, and for other purposes.

Whereas an Inter-American Coffee Agreement was signed at Washington on November 28, 1940, by representatives of the Governments of the United States of America, Brazil, Colombia, Costa Rica, Cuba, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Peru, and Venezuela; and

"Central bank."

"Person."

"Insured bank."
48 Stat. 168.
12 U. S. C. § 264.

April 10, 1941

[S. J. Res. 7] [Public Law 32]

Preamble.

51 Stat. 15.

Nonrecognition of certain transfers of

regions
of this hemi-
sphere.

transfer appears likely.

Consultations if

April 11, 1941 [S. J. Res. 43] [Public Law 33]

Preamble.

Post, pp. 561, 754.

Inter-American
Execution of obliga-

Coffee Agreement.

tions.

Treaty Series 970.

Allocations of quota to nonparticipating countries.

tions.

Whereas the said agreement contemplates the cooperation of the Government of the United States in a joint effort to promote the orderly marketing of coffee in international trade, with a view to assuring equitable terms for both producers and consumers by adjusting supply to demand: Therefore be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That on and after the entry into force of the Inter-American Coffee Agreement, as proclaimed by the President, and during the continuation in force of the obligations of the United States thereunder, no coffee imported from any foreign country may be entered for consumption except as provided in the said agreement.

SEC. 2. The President is authorized to make such allocations of the quota provided in the agreement for countries not participating in the said agreement as he finds necessary or appropriate in order to afford any such country or countries an opportunity to supply a fair share of the quota, whether or not required by any international obligation of the United States, or in order to make available the Rules and regula- types of coffee usually consumed in the United States. The President is also authorized to make such rules and regulations as he finds necessary or appropriate to carry out the provisions of this joint resolution and of the said agreement, and with respect to any provision of such regulations for any act or performance by an importer of coffee, compliance therewith shall be a condition to the entry for consumption of the coffee in respect of which the act or performance is required.

April 11, 1941 (H. R. 4146]

[Public Law 34]

Approved, April 11, 1941.

[CHAPTER 64]

AN ACT

To extend the provisions of the Bituminous Coal Act of 1937 for a period of two years, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Bituminous Coal United States of America in Congress assembled, That (a) section 19 of the Bituminous Coal Act of 1937 (relating to termination of the Act) is amended to read as follows:

Act of 1937, amend

ment.

50 Stat. 90.

15 U. S. C. § 849.

Duration of Act. 1 U. S. C. § 29.

Revenue

Internal
Code, amendment.

53 Stat. 432.

26 U. S. C. § 3527.

Bituminous Coal

Act of 1937, amendment.

50 Stat. 91.

Office of Bitumi

Counsel, establish

ment.

Post, pp. 202, 544.

"SEC. 19. This Act shall cease to be in effect (except as provided in section 13 of the Revised Statutes) and any agencies and offices established under, or to engage in the administration of, this Act shall cease to exist at 12:01 A. M., April 26, 1943."

(b) Section 3527 of the Internal Revenue Code (relating to termination of the bituminous coal taxes) is amended to read as follows: "SEC. 3527. TERMINATION OF TAX.

"The taxes imposed by this chapter shall not apply to the sale or other disposal, after April 25, 1943, of bituminous coal.

SEC. 2. The Bituminous Coal Act of 1937 is amended by adding after section 21 a new section to read as follows:

"SEC. 22. (a) There is hereby established in the Executive branch nous Coal Consumers' of the Government an office to be known as the Office of the Bituminous Coal Consumers' Counsel. The office shall be in charge of a counsel to be appointed by the President, by and with the advice and consent of the Senate. The counsel shall have no financial interest, direct or indirect, in the mining, transportation, or sale of, or the manufacture of equipment for, coal (whether or not bituminous coal), oil, or gas, or in the generation, transmission, or sale of hydroelectric power, or in the manufacture of equipment for the use thereof, and

shall not actively engage in any other business, vocation, or employment. The counsel shall receive compensation at the rate of $10,000 per year and necessary traveling expenses. With the exception of a clerk to the counsel, the attorneys, and such special agents and experts as the counsel may from time to time find necessary for the conduct of his work, all employees of the counsel shall be appointed and their compensation fixed in accordance with the civil-service laws and the Classification Act of 1923, as amended.

"(b) The counsel shall have and perform the functions conferred and imposed upon the Consumers' Counsel of the National Bituminous Coal Commission by this Act as in force upon its enactment. The functions of such office which were transferred, by Reorganization Plan Numbered II transmitted by the President to Congress on May 9, 1939, to the office of the Solicitor of the Department of the Interior shall not be performed by such office of the Solicitor after the Bituminous Coal Consumers' Counsel has taken office, and in no event after the expiration of sixty days after the date this section takes effect.

42 Stat. 1488.
5 U. S. C. §§ 661-674.
Post, p. 613.
Functions.
50 Stat. 74.

15 U. S. C. § 829 (b).

53 Stat. 1433.

5 U.S. C. § 133t note.

Transfer of records, property, and

"(c) All records and property of such office of the Consumers' Counsel of the National Bituminous Coal Commission transferred by sonnel. such Reorganization Plan to the office of the Solicitor of the Department of the Interior, and all records and property of the office of such Solicitor used primarily in the administration of any function of the office of such Consumers' Counsel transferred by such Reorganization Plan, and all personnel so transferred (not heretofore retransferred or separated from the service under section 402 of such Reorganization Plan) and all personnel used in the administration of such functions are transferred to the Office of the Bituminous Coal Consumers' Counsel established by subsection (a) of this section for use in the administration of the functions vested in such office by this section.

53 Stat. 1435.

per

5 U.S. C. § 133t note.

Transfer of unexpended balances.

"(d) So much of the unexpended balances of the appropriations, allocations, or other funds available for the use of the office of the Solicitor of the Department of the Interior in the exercise of the functions of the Office of the Consumers' Counsel of the National Bituminous Coal Commission transferred by such Reorganization Plan, or for the use of the Secretary of the Interior in the exercise of any function so transferred, as the Director of the Budget with the approval of the President shall determine, shall be transferred to the Office of the Bituminous Coal Consumers' Counsel for use in connection with the exercise of the functions vested in such office by this section. In determining the amount to be transferred the Director of the Bureau of the Budget may include an amount to provide for the liquidation of obligations incurred against such appropriations, allocations, or other funds prior to the transfer: Provided, That the use of the unexpended balances of appropriations, allocations, or other funds transferred by this section shall be subject to the pro- 133г. visions of section 4 (d) (3) and section 9 of the Reorganization Act

of 1939.

"(e) All orders, rules, regulations, permits, or other privileges made, issued, or granted by or in respect of the Consumers' Counsel of the National Bituminous Coal Commission, or the office of such Consumers' Counsel, or the Solicitor of the Department of the Interior, or the office of such Solicitor, in the administration of the functions vested in such office or officer by this Act or such Reorganization Plan, and in effect at the time this section takes effect, shall continue in effect to the same extent as if this section had not been enacted, until modified, superseded, or repealed.

Proviso.
Use restricted.
53 Stat. 562, 563.
5 U. S. C. §§ 133-

Continuation of orders, etc.

Pending proceed

ings.

April 11, 1941

[S. 433]

[Public Law 35]

Relief of disbursing ments to noncitizens.

officers, etc., for pay

Proviso.

Refunds.

April 11, 1941

[S. 441] [Public Law 36]

Army.

Credit in accounts

ing officers.

"(f) No suit, action, or other proceeding lawfully commenced by or against any of the officers or offices referred to in subsection (e) of this section in his or its official capacity or in relation to the discharge of his or its official duties, shall abate by reason of the enactment of this section, but the court or agency before which such suit, action, or proceeding is pending, may (on motion or supplemental petition filed at any time within twelve months after the date this section takes effect showing a necessity for the survival of such suit, action, or proceeding to obtain a settlement of the questions involved) allow the same to be maintained by or against the Bituminous Coal Consumers' Counsel."

Approved, April 11, 1941.

[CHAPTER 69]

AN ACT

To relieve disbursing officers, certifying officers, and payees in respect of certain payments made in contravention of appropriation restrictions regarding citizenship status.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding provisions contained in the several Appropriation Acts for the fiscal years 1939, 1940, and 1941 prohibiting the payment of compensation therefrom to officers or employees who are not citizens of the United States, the Comptroller General of the United States is hereby authorized and directed to allow credit in the settlement of disbursing officers' accounts, and relieve certifying officers of liability, for such payments for services rendered by noncitizen officers and employees as are otherwise correct and legal, as are made in good faith, and as are found not to be due to any lack of good faith on the part of the payee: Provided, That this Act shall only affect such payments as were made prior to January 1, 1941.

SEC. 2. If credit is allowed in disbursing officers' accounts in accordance with section 1 of this Act, the officer or employee, or former officer or employee receiving the payment shall not be required to refund the amount thereof; and any such amount which has been collected from an officer or employee, or former officer or employee, may be refunded to him.

Approved, April 11, 1941.

[CHAPTER 70]

AN ACT

For the relief of certain disbursing officers of the Army of the United States and for the settlement of individual claims approved by the War Department. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Compof designated disburs- troller General of the United States be, and he is hereby, authorized and directed to credit in the accounts of the following disbursing officers of the Army of the United States the amounts set opposite their names: Captain Arthur G. Alexander, Finance Reserve, $100; Lieutenant Colonel Stephen R. Beard, Finance Department, $585.68; Major Roy J. Caperton, Finance Department, $307.60; Lieutenant Colonel J. D. Chambliss, Infantry, $29.80; Lieutenant Colonel Samuel F. Cohen, Infantry, $39.05; Lieutenant Colonel Edward T. Comegys, Finance Department, $162.55; Lieutenant Colonel Walter D. Dabney, Finance Department, $956.51; Lieutenant Colonel William M. Dixon, Finance Department, $87.81; Major Charles G.

Dobbins (deceased), Finance Department, $758.64; Captain John H. Doherty, Finance Department, $15.56; Major Charles F. Eddy (deceased), Finance Department, $279.23; Lieutenant Colonel Leroy M. Edwards, Finance Department, $106.08; Major Grady D. Epps, Infantry, $25.38; Lieutenant Colonel Eugene M. Foster, Finance Department, $204.44; Lieutenant Colonel Horace G. Foster, Finance Department (now retired), $2,643.53; Major Clarence A. Frank, Finance Department, $11.20; Lieutenant Colonel Carl Halla, Finance Department, $71.13; Major John B. Harper, Finance Department (now retired), $200; Major John H. Harrington (Coast Artillery Corps), Finance Department, $42.65; Captain John B. Hess, Finance Department, $21.55; Major William T. Johnson, Finance Department, $25.74; Lieutenant Colonel W. H. Kasten, Finance Department, $32.25; Major Richard K. Lebrou, Finance Department, $57.49; Major Columbus B. Nenow, Finance Department, $52; Captain Charles K. McAlister, Finance Department, $126; Lieutenant Colonel Cherubusco Newton, Junior, Finance Department, $72.43; Major S. C. Page, Finance Department, $81.09; Lieutenant Colonel Frank E. Parker (deceased), Finance Department, $526.84; Major H. R. Priest, Finance Department, $68; Lieutenant Colonel Walter O. Rawls, Finance Department, $1.64; Major E. F. Rea, Finance Department, $98.85; Lieutenant Colonel Bickford E. Sawyer, Finance Department, $88; Major Oliver T. Simpson, Finance Department, $19.61; Major Wallace C. Steiger, Finance Department, $11.92; Lieutenant Colonel John P. Tillman, Finance Department, $315.64; Lieutenant Colonel Irvin V. Todd, Finance Department, $63.50; Lieutenant Colonel Thomas P. Walsh, Finance Department, $52.77; Lieutenant Colonel Hugh Whitt, Finance Department, $123.68; Captain Ernest W. Wilson, Finance Department, $5; Captain Harold F. Chrisman, Finance Department, $61.64; Lieutenant Colonel Montgomery T. Legg, Finance Department, $316.78; and Major Millard F. W. Oliver, Finance Department, $53.66; the said amounts representing erroneous payments of public funds for which these officers are accountable, such erroneous payments having resulted from minor errors in the computations of pay and allowances due former members of the Civilian Conservation Corps, enlisted men of the Regular Army, members of the Officers' Reserve Corps, members of the citizens' military training camps, civilian employes, and commercial firms or individuals from whom collection of the overpayments cannot be effected, and which amounts have been disallowed by the Comptroller General of the United States.

SEC. 2. That the Comptroller General of the United States be, and he is hereby, authorized and directed to credit in the accounts of Lieutenant Colonel Walter D. Dabney, Finance Department, the sum of $71.90, public funds for which he is accountable and which were paid by him by check to certain former members of the National Guard for armory drill pay, and which checks were later discovered to have been endorsed by other than the rightful payees.

SEC. 3. That the Comptroller General of the United States be, and he is hereby, authorized and directed to credit in the accounts of Lieutenant Colonel J. A. Dorst, Corps of Engineers, the sum of $92.38, representing part of a disallowance made by the Comptroller General of the United States on account of a payment to the A. B. C. Transfer Company for uncrating the household effects of an Army officer: Provided, That no person shall be held pecuniarily liable for any part of the sum credited in the disbursing officer's account under the authority of this section.

SEC. 4. That the Comptroller General of the United States be, and he is hereby, authorized and directed to credit in the accounts

Lt. Col. Walter D. Dabney.

Lt. Col. J. A. Dorst.

Proviso.

Lt. Col. M. H. Forbes.

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