4. Public Law 85-507, 85th Congress, S. 385, July 7, 1958, cited as the "Government Employees Training Act" which provides, in part: "Sec. 3. For the purposes of this Act *** (5) the term "training" means the process of providing for and making available to an employee, and placing or enrolling such course, curriculum, subject, system, or routine of instruction or education, in scientific, professional, technical, mechanical, trade, clerical, fiscal, administrative, or other fields which are or will be directly related to the performance by such employee of official duties for the Government, in order to increase the knowledge, proficiency, ability, skill, and qualifications of such employee in the performance of official duties; *** (7-B) any foreign government or international organization, or instrumentality of either, which is designated by the President as eligible to provide training under this Act, *** Sec. 19 (b). Hereafter any appropriation available to any department for expenses of travel shall be available for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or managment of those functions or activities*****

5. Public Law 87-626, 87th Congress, S. 981, September 5, 1962 (76 Stat. 427), which provides, in part: "That the authority of the Secretary of the Interior, exercised through the Geological Survey of the Department of the Interior, to examine the geological structure, mineral resources, and products of the national domain, is hereby expanded to authorize such examinations outside the national domain where determined by the Secretary to be in the national interest.

6. Public Law 92-60, 92nd Congress, S. 991, July 29, 1971, cited as "The Saline Water Conversion Act of 1971, "which provides, in part: "Sec. 5. In carrying out his functions under this Act, the Secretary may—*** (f) assemble and maintain pertinent and current scientific literature, both domestic and foreign, and issue bibliographical data with respect thereto; (g) cause on-site inspections to be made of promising projects, domestic and foreign, and, in the case of projects located in the United States, cooperate and participate in their developments when the purposes of this Act will be served thereby; (h) foster and participate in regional, national, and international conferences relating to saline water conversion; (i) coordinate, correlate, and publish information with a view to advancing the development of low-cost saline water conversion projects; ***" "Sec. 10 (c). Not more than 2 per centum of the funds to be made available in any fiscal year for research under the authority of this Act may be expended, subject to the approval of the Secretary of State to assure that such activities are consistent with the foreign policy objectives of the United States, in cooperation with public or private agencies in foreign countries for research useful to the program in the United States."

7. Public Law 1024, 84th Congress, 2nd Session, S. 3275, August 8, 1956, (70 Stat. 1119; as amended 70 Stat. 1122), the Fish and Wildlife Act of 1956, which provides, in part: "Sec. 742 (f). Policies, procedures, and recommendations *** The Secretary, with the assistance of the departmental staff herein authorized, shall-*** (5) take such steps as many be required for the development, management, advancement, conservation, and protection of wildlife resources through research, acquisition of refuge lands, development of existing facilities, and others means ***"

8. Public Law 480-83, 83rd Congress, S.2475, originally enacted July 10, 1954, (68 Stat. 454), as amended through December 31, 1966, cited as the "Agricultural Trade Development and Assistance Act of 1954," which provides, in part: "Sec. 104. Notwithstanding any other provision of law, the President may use or enter into agreements with foreign countries or international organizations to use foreign currencies, *** (b) For carrying out programs of the United States Government agencies to *** conduct research and support scientific activities overseas including programs and projects of scientific cooperation between the United States and other countries *** and promote and support programs of *** scientific research."

MEMORANDUM OF AGREEMENT

The Department of Indian Affairs and Northern Development of Canada, and the Department of the Interior of the United States of America,

Considering that the Government of Canada (hereinafter called “Canada”) and the Government of the United States of America (hereinafter called "the

United States") have under their respective charges the protection from forest fires of lands within the Yukon Territory in Canada and the State of Alaska in the United States; and

Considering that it has been decided to enter into an agreement for mutual co-operation between Canada and the United States in the detection and suppression of forest fires by designating an area along the boundary separating the Yukon Territory and the State of Alaska within which such co-operation may be achieved and thereby exercise more effective control over any fire in the territory of one of the Parties which may escape to the territory of the other Party;

Agree as follows:

1. In this agreement,

(a) "Party" or "Parties" means the Department of Indian Affairs and Northern Development of Canada or the Department of the Interior of the United States, or both, as the context requires, which are the respective agencies directly responsible for protection of particular lands in the buffer zone;

(b) "boundary" means the boundary separating the Yukon Territory and the State of Alaska;

(c) "buffer zone" means an area 10 miles in depth at all points on each side of the boundary;

(d) "fire" means a forest fire which is located within or partly within the buffer zone;

(e) "territory" means the land within the buffer zone which may be within the jurisdiction of one or other of the Parties;

(f) "suppression action" means the act of fighting a fire within or partly within the buffer zone.

2. The Parties will co-operate with each other in the detection and suppression of fire by recognizing a buffer zone in which immediate suppression action may be initially started by either Party. In order to facilitate such co-operation the coming into effect of this agreement pursuant to Section 11 hereof shall be construed as permitting officers, employees, agents and conscripts of either Party, when engaged in the detection or suppression of a fire, to pass and repass across the boundary and proceed in the buffer zone without the necessity of obtaining passports, permits, or any other documents whatsoever. 3. Upon the detection of a fire anywhere in the buffer zone, either Party shall have the right to commence immediately suppression action without prior notice to the other. However, when the fire is on the lands of the other Party, the Party which has commenced suppression action will, as soon as practicable thereafter, notify the other Party that a fire has started and that it has intervened to suppress the fire.

4. After having notified the other Party of the detection of a fire on the lands of that Party and of the intervention to suppress the fire, the Party which has commenced such suppression action shall then have discretion whether to continue or to discontinue such action, subject only to giving of notice as provided for in Section 8 hereof.

5. In the event one of the Parties commences suppression action in the buffer zone and notifies the other Party, the other Party may either (a) appoint a liaison officer who shall be charged with observing the progress of the suppression action and reporting on it or (b) actively join the Party which has commenced suppression action and participate in it.

6. Unless otherwise agreed upon between the Parties in a specific case, where a fire is discovered in the buffer zone and both Parties take joint suppression action, the direction of such action shall be under the charge of the Party in whose territory such action is taking place.

7. In accordance with the co-operative nature of this agreement, it shall be permissible and desirable for the Parties to exchange recommendations and suggestions designed to render more effective the detection of fires and the suppression action.

8. Either Party which is engaged in suppression action in the territory of the other Party may discontinue such action at any time upon giving notice of its intention in this respect to the other Party. Both Parties hereby waive all claims or liability which may arise against each other for any loss, damage, injury or death whatsoever resulting from the failure of either Party to institute suppression action or resulting from any discontinuance of suppression action as contemplated by this agreement.

9. Each Party will provide its own men, materials and supplies during suppression action within the buffer zone and will asume its costs, expenses and liabilities in respect of such suppression action without any right of reimbursement whatsoever from the other Party.

10. Each Party hereby undertakes wherever possible, to co-operate in exchanging meteorological information concerning weather, in or about the buffer zone, and to install essential weather recording instruments within 50 miles of the boundary during normal fire seasons.

11. This agreement shall become effective when formalized by an exchange of diplomatic notes between the Government of Canada and the Government of the United States of America.

In witness whereof the undersigned, duly authorized, have signed this agreement.

-- day of

Done in duplicate at__ this 1970. For the Department of Indian Affairs and Northern Development of Canada:

JEAN CHRISTIEN,

For the Department of the Interior of the United States of America:

ROGERS C B MORTON. DEPARTMENT OF JUSTICE, Washington, D.C., April 24, 1972.

Hon. SAM ERVIN,

Chairman, Subcommittee on Separation of Powers,
Senate Judiciary Committee,

Washington, D.C.

DEAR SENATOR ERVIN: This is in response to your letter to Mr. Kleindienst of March 30, 1972 referring to executive agreements and noting that because of the separation of powers problems involved your subcommittee will hold hearings on this matter.

The letter states that government agencies enter into agreements with foreign states and asks for a list of all executive agreements since World War II in which this Department has participated together with the purpose of and authority for the agreements.

It is impossible to be sure, of course, that in the time available we have located every agreement for the 27 year period about which you have asked. In an effort to be as helpful as possible we circulated copies of your letter to the various parts of this Department that seemed most likely to have participated in such agreements. From their responses we have compiled the following list: 1. Agreement between the Bureau of Narcotics and Dangerous Drugs of the Department of Justice and the Office of the Attorney General of Mexico, March 5, 1970. Its purpose is to establish terms by which BNDD provides Mexico with technical and financial assistance to eradicate narcotics and dangerous drugs in Mexico. Section 451 (a) of the Foreign Assistance Act of 1961. 22 U.S.C. 2261 (a), permits the President to use a contingency fund when he determines its use to be important to the national interest; the funds were allocated by AID to BNDD pursuant to §.632 (a) of the Act, 22 U.S.C. 2392 (a).

2. Agreement between the French Minister of the Interior and the Attorney General of the United States, February 26, 1971. The purpose of the agreement is to facilitate cooperation between France and the United States in combatting illegal drug traffic. For authority see 21 U.S.C. 952, 959, 960; Reorg. Plan No. 1 of 1968, mesage from President, February 7, 1968, Const., Art. II, § 3.

3. Agreement between the Commissioner, United States Immigation and Naturalization Service and the Director of Immigration of Canada, July 7, 1949. The purpose of the agreement is to provide for the orderly and expeditious return of deportees between Canada and the United States. At the time that the agreement was made the duty of the Attorney General to arrange for deportations was set forth in § 20 of the Immigration Act of 1917, as amended, 39 Stat. 890-91, 57 Stat. 511. The present provision covering this matter is § 243 of the Immigration and Nationality Act. 8 U.S.C. 1253. See also former § 23 of the Immigration Act of 1917, 39 Stat. 892-893, as amended, now superseded by 8 U.S.C. 1103.

4. Migrant Labor Agreement of 1951, as amended between the United States and Mexico. The purpose of the agreement is to establish conditions for the orderly employment of Mexican agricultural workers who may be needed in the

United States. The authority for the agreement is Public Law 78, 82nd Congress, 65 Stat. 119 (1951).

5. The Immigration and Naturalization Service participates in the implementation of agreements made by the State Department with Germany, Belgium, Italy, Greece, Lebanon, Austria, and Hong Kong. The purpose of these agreements is to provide for examination and admission of refugee applicants. The authority for these agreements is § 203 (a) (7) of the Immigration and Nationality Act, 8 U.S.C. 1153 (a) (7).

We hope that this information is of some assistance to you.
Sincerely,

RALPH E. ERICKSON, Assistant Attorney General, Office of Legal Counsel.

U.S. DEPARTMENT OF LABOR,

OFFICE OF THE SECRETARY, Washington, D.C., April 26, 1972.

Hon. SAM J. ERVIN, Jr.,

Committee on the Judiciary,

Subcommittee on Separation of Powers,

U.S. Senate,

Washington, D.C.

· DEAR MR. CHAIRMAN: This is in response to your letter of March 30, 1972, requesting information concerning executive agreements in connection with your Committee's inquiry on this subject.

We understand that the Department of State is reporting on agreements entered into by the Government of the United States at the diplomatic level with foreign states during the period from 1946 to the present time. These include the following agreements in relation to which the Department of Labor has been a participating agency:

(1) The Migrant Labor Agreement, August 11, 1951, as amended and extended, replacing the Agreement of August 1, 1949 (TIAS 2331; 2 UST 1940), entered into between the Governments of Mexico and the United States regarding contracting of Mexican Farm Labor. The Agreement specifically provided (Article 2) that all negotiations relating to any aspects of the program which is the subject of this Agreement shall be carried out exclusively between the two Governments. The Agreement gave the Secretary of Labor functions related to carrying out its provisions.

The Agreement was authorized by Public Law 78, 82nd Congress, approved July 12, 1951, 65 Stat. 119, as amended and extended. The Law (which added Title V to the Agricultural Act of 1949), among other things, authorized the Secretary of Labor (Section 507) "(3) when necessary to supplement the domestic agricultural labor force, to cooperate with the Secretary of State in negotiating and carrying out agreements or arrangements relating to the employment in the United States, subject to the immigration laws, of agricultural workers from the Republic of Mexico."

The program terminated under Public Law 78 and the Agreement December 31, 1964 (P.L. 88-203, 77 Stat. 363; TIAS 5492, 14 UST 1804; see also 7 USC 1461, Note (1970 Ed.)).

(2) Agreement amending the Agreement between the Government of Canada and the Government of the United States respecting unemployment insurance benefits, September 11, 1951, TIAS 2452; 3 UST p. 2812. This 1951 Agreement amended the Agreement of April 12, 1942, 56 Stat. 1451, between the two Governments. The purpose of the 1942 Agreement, as stated in the exchange of notes which effected the Agreement, was the coordination and integration of the application of the unemployment insurance laws of Canada and the United States in order to avoid duplication of contributions with respect to the same services and duplication of insurance payments with respect to the same periods of unemployment. The original Agreement named the Social Security Board as the United States agency involved.

In addition to making certain changes in the procedural detail set forth in the original Agreement, the 1951 amendment reflects the fact that the name of the United States agency involved had been changed. (See Reorganization Plan No. 2 of 1949, effective August 20, 1949, 14 FR 5225, 63 Stat. 1065, 5 USC

80-847-72- 39

Appendix, transferring the Bureau of Employment Security to the Department of Labor and transferring to the Secretary of Labor the functions with respect to unemployment insurance, among others.) The Agreement, as amended, is still in effect.

The authorization for the Agreement, as indicated in the exchange of notes in connection with the original Agreement, is the Social Security Act, August 14, 1935, as amended, and the Unemployment Insurance Act, 1940, of Canada. In regard to agreements at the Departmental level, we submit the following information:

Agreement dated April 21, 1966, entered into between the Department of Labor and the Council for International Economic Cooperation and Development (CIECD) of the Republic of China. This was an Agreement to furnish technical services. It provided for the assignment of Labor Department personnel (a manpower adviser and two other supporting technicians) to assist, on a reimbursable basis, the Manpower Resources Committee of CIECD in examination of potential manpower resources, planning of manpower supply and requirements, and in devising ways to better utilize available manpower resources. The Agreement, as amended, was for a period of approximately 16 months from November 15, 1965, in respect to the manpower adviser and for a lesser period for the other personnel. The Agreement was authorized by an AID determination made (under appropriate delegation to it) pursuant to Section 607 of the Foreign Assistance Act of 1961, as amended (22 USC 2357). Section 607 provides in part that "Whenever the President determines it to be consistent with and in furtherance of the purposes of subchapter I of this chapter and within the limitations of this chapter, any agency of the United States Government is authorized to furnish services and commodities on an advance-of-funds or reimbursement basis to friendly countries.

We trust the above information meets your request, but if there is any other matter in which we can be of further assistance we would be pleased to be so informed.

Sincerely,

J.D. HODGSON, Secretary of Labor.

THE LIBRARIAN OF CONGRESS,
Washington, D.C. April 10, 1972.

Hon. SAM J. ERVIN, Jr.,
U.S. Senate,

Washington, D.C.

DEAR SENATOR ERVIN: Thank you for your letter of March 20, 1972 regarding executive agreements. There are two types of executive agreements in which the Library of Congress has participated.

The Department of State from time to time negotiates bilateral executive agreements for the reciprocal exchange of official publications between the United States and foreign countries. Under these agreements the Library of Congress is named as the recipient on behalf of the United States of the official publications received from the foreign countries. Since World War II, the Department of State has negotiated 27 such executive agreements affecting the Library of Congress with the following countries: Austria, Burma, Cambodia, Ceylon, Colombia, Costa Rica, Denmark, Ecuador, Ethiopia, Germany, Greece, India, Indonesia, Israel, Jamaica, Japan, Korea, Norway, Pakistan, Philippines, Spain, Sweden, Switzerland, Thailand, Union of South Africa, Vietnam, Yugoslavia. We enclose an example of this type of executive agreement. They are all identical in content.

In addition, the Library of Congress participates through one of its departments, the Copyright Office, in the administration of the Copyright Law, Title 17 of the U.S. Code. Under this statute, the President of the United States is specifically empowered to issue proclamations extending the provisions of the Copyright Law to the works of authors or proprietors who are citizens or subjects of foreign states or nations under the following conditions: "S 9. AUTHORS OR PROPRIETORS, ENTITLED: ALIENS.

"(b) When the foreign state or nation of which such author or proprietor is a citizen or subject grants, either by treaty, convention, agreement, or law, to