An Act to provide for the improvement and strengthening of the international relations of the United States by promoting better mutual understanding among the peoples of the world through educational and cultural exchanges
PL 87-256 (H.R.8666), enacted 09/21/1961

4 9 U £
1 C 1 1 0 1 
75 S T A T . ] 
PUBLIC LAW 87-256-SEPT. 21, 1961 
527 
(d) Section 9(c) of such Act (49 U.S.C. 1108(c)) is amended by 
striking out "Alaska, Hawaii," and by inserting before the period at 
the end thereof the following: ", or a special reservation for Govern-
ment purposes". 
(e) Section 10(c) of such Act (49 U.S.C. 1109(c)) is amended by 
striking out "Alaska and" where it appears in the heading and in the 
text of such section. 
SEC. 9. Section 1109 of the Federal Aviation Act of 1958 (49 U.S.C. • 
1509) is amended by adding at the end thereof the following new 
subsection: 
"(e) There are authorized to be appropriated such sums as may be 
necessary to enable the head of any department or agency of the Fed-
eral Government charged with any duty of inspection, clearance, col-
lection of taxes or duties, or other similar function, with respect to 
persons or property moving in air commerce, to acquire such space 
at public airports (as defined in the Federal Airport Act) as he de- ^
^
^
^ 
termines, after consultation with the Administrator of the Federal ""'"" 
Aviation Agency, to be necessary for the performance of such duty. 
In acquiring any such space, the head of such department or agency 
shall act through the Administrator of General Services in accordance 
with the procedures established by law which are generally applica-
ble to the acquisition of space to be used by departments and agencies 
of the Federal Government." 
SEC. 10. The amendments made by this Act shall not apply with 
respect to projects for which amounts have been obligated by the 
execution of grant agreements before their enactment. 
With respect 
to such projects, the Federal Airport Act shall continue to apply as 
if this Act had not been enacted. 
Approved September 20, 1961, 11:55 a.m. 
Public Law 87-256 
AN ACT 
„ 
. 
Septemb er 21, 1961 
To provide for the improvement and strengthening of the international relations 
[H. R. 8666] 
of the United States by promoting better mutual understanding among the 
peoples of the world through educational and cultural exchanges. 
tional and Cultural 
A c t of 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That this Act may 
.^^^^^'}^^f^'^l', 
be cited as the "Mutual Educational and Cultural Exchange Act ExChang 
of 1961". 
1961. 
SEC. 101. STATEMENT OP PURPOSE.—The purpose of this Act is to 
enable the Government of the United States to increase mutual under-
standing between the people of the United States and the people of 
other countries by means of educational and cultural exchange; to 
strengthen the ties which unite us with other nations by demonstrat-
ing the educational and cultural interests, developments, and achieve-
ments of the people of the United States and other nations, and the 
contributions being made toward a peaceful and more fruitful life 
for people throughout the world; to promote international coopera-
tion for educational and cultural advancement; and thus to assist in 
the development of friendly, sympathetic, and peaceful relations 
between the United States and the other countries of the world. 
SEC. 102. (a) The President is authorized, when he considers that ^ho'u^''^^""^^ ^"' 
it would strengthen international cooperative relations, to provide, 
by grant, contract, or otherwise, for— 
(1) educational exchanges, (i) by financing studies, research, 
instruction, and other educational activities— 
thority. 
528 
PUBLIC LAW 87-256-SEPT. 21, 1961 
[76 ST AT. 
(A) of or for American citizens and nationals in foreign 
countries, and 
(B) 01 or for citizens and nationals of foreign countries 
in American schools and institutions of learning located in 
or outside the United States; 
and (ii) by financing visits and interchan^s between the United 
States and other countries of students, trainees, teachers, instruc-
tors, and professors; 
(2) cultural exchanges, by financing— 
(i) visits and interchanges between the United States a^nd 
other countries of leaders, experts in fields of specialized 
knowledge or skill, and other influential or distinguished 
persons; 
(ii) tours in countries abroad by creative and performing 
artists and athletes from the United States, individually and 
in groups, representing any field of the arts, sports, or any 
other form of cultural attainment; 
(iii) United States representation in international artistic, 
dramatic, musical, sports, and other cultural festivals, compe-
titions, meetings, and like exhibitions and assemblies; 
(iv) participation by groups and individuals from other 
countries in nonprofit activities in the United States similar 
to those described in subparagraphs (|ii) and (iii) of this 
paragraph, when the President determines that such partici-
pation is in the national interest. 
(3) United States participation in international fairs and expo-
sitions, including trade and industrial fairs and other public or 
private demonstrations of United States economic accomplish-
ments and cultural attainments. 
(b) In furtherance of the purposes of this Act, the President is 
further authorized to provide for— 
(1) interchanges between the United States and other countries 
of handicrafts, scientific, technical, and scholarly books, books of 
literature, periodicals, and Government publications, and the 
reproduction and translation of such writings, and the prepara-
tion, distribution, and interchange of other educational and 
research materials, including laboratory and technical equipment 
for education and research; 
(2) establishing and operating in the United States and abroad 
centers for cultural and technical interchanges to promote better 
relations and understanding between the United States and other 
nations through cooperative study, training, and research; 
(3) assistance in the establishment, expansion, maintenance, 
and operation of schools and institutions of learning abroad, 
founded, operated, or sponsored by citizens or nonprofit institu-
tions of the United States^ including such schools and institu-
tions serving as demonstration centers for methods and practices 
employed in the United States^ 
(4) fostering and supporting American studies in foreign 
countries through professorships, lectureships, institutes, semi-
nars, and courses in such subjects as American history, govern-
ment, economics, language and literature, and other subjects 
related to American civilization and culture, including financing 
the attendance at such studies by persons from other countries; 
75 S T A T . ] 
PUBLIC LAW 87-256-SEPT. 21, 1961 
529 
(5) promoting and supporting medical, scientific, cultural, and 
educational research and development; 
(6) promoting modern foreign language training and area 
studies in United States schools, colleges, and universities by 
supporting visits and study in foreign countries by teachers and 
prospective teachers in sucli schools, colleges, and universities for 
the purpose of improving their skill in languages and their knowl-
edge of the culture of the people of those countries, and by financ-
ing visits by teachers from those countries to the United States 
for the purpose of participating in foreign language training and 
area studies in United States schools, colleges, and universities; 
(7) United States representation at international nongovern-
mental educational, scientific, and technical meetings; 
(8) participation by groups and individuals from other coun-
tries in educational, scientific, and technical meetings held under 
American auspices in or outside the United States; 
(9) encouraging independent research into the problems of 
educational and cultural exchange. 
SEC. 103. (a) The President is authorized to enter into agreements 
Agreements. 
with foreign governments and international organizations, in further-
ance of the purposes of this Act. 
In such agreements the President 
is authorized, when he deems it in the public interest, to seek the agree-
ment of the other governments concerned to cooperate and assist, 
including making use of funds placed in special accounts pursuant to 
agreements concluded in accordance with section 115(b)(6) of the 
Economic Cooperation Act of 1948, or any similar agreements, in 
^^ ^*"*- '^^• 
providing for the activities authorized in section 102, and particularly 
those autliorized in subsection 102(a) (1), of this Act witn respect to 
the expenses of international transportation of their own citizens and 
nationals and of activities in furtherance of the purposes of this Act 
carried on within the borders of such other nations. 
(b) Such agreements may also provide for the creation or continua-
tion of binational or multinational educational and cultural founda-
tions and commissions for the purpose of administering programs in 
furtherance of the purposes of this Act. 
(c) In such agreements with international organizations, the Presi- ^Q^'^ ^ paiticipa-
dent may provide for equitable United States participation in and 
support for, including a reasonable share of the cost of, educational 
and cultural programs to be administered by such organizations. 
SEC. 104. (a) The President may delegatej to such officers of the ^^D«iegationof au-
Government as he determines to be appropriate, any of the powers 
conferred upon him by this Act to the extent that he finds sucn dele-
gation to be in the interest of the purposes expressed in this Act and 
the efficient administration of the programs undertaken pursuant to 
this Act: Provided^ That where the President has delegated any of ^Transmittal to 
such powers to any officer, before the President implements any pro- ''"*^'"*"'-
posal for the delegation of any of such powers to another officer, that 
proposal shall be submitted to the Speaker of the House of Repre-
sentatives and to the Committee on Foreign Relations of the Senate, 
and thereafter a period of not less than sixty days shall have elapsed 
while Congress is in session. In computing such sixty days, there shall 
be excluded the days on which either House is not m session because 
of an adjournment of more than three days. 
530 
PUBLIC LAW 87-256-SEPT. 21, 1961 
[75 S T A T , 
Personnel. 
63 Stat. 954. 
5 u s e 1071 and 
note. 
S u s e llt)5. 
60 Stat. 999. 
60 Stat. 1010. 
60 Stat. 1030. 
Use of funds. 
(b) The President is authorized to employ such other personnel 
as he deems necessary to carry out the provisions and purposes of this 
Act, and of such personnel not to exceed ten may be compensated with-
out regard to the provisions of the Classification Act of 1949, as 
amended, and of these not to exceed five may be compensated at a rate 
in excess of the highest rate provided for grades of the general sched-
ule established by the Classification Act of 1949, as amended, but not 
in excess of $1,000 per annum more than such highest rate. 
Such 
positions shall be in addition to the number authorized by section 505 
of the Classification Act of 1949, as amended. 
(c) For the purpose of performing functions under this Act out-
side the United States, including participation in binational or multi-
national foundations or commissions, the Secretary of State may 
employ or assign or authorize the employment or assignment for the 
duration of operations under this Act of persons in or to the Foreign 
Service Reserve or Foreign Service Staif and alien clerks and 
employees in accordance with applicable provisions of the Foreign 
Service Act of 1946, as amended (22 IT.S.C. 801). 
(d) For the purpose of performing functions under this Act outside 
the United States, the President is authorized to provide that any 
person employed or assigned by a United States Government agency 
shall be entitled, except to the extent that the President may specify 
otherwise in cases in which the period of employment or assignment 
exceeds thirty months, to the same benefits as are provided by section 
528 of the Foreign Service Act of 1946, as amended (22 U.S.C. 928), 
for persons appointed to the Foreign Service Reserve and, except for 
policymaking officials, the provisions of section 1005 of the Foreign 
Service Act of 1949, as amended (22 U.S.C. 807), shall apply in the 
case of such persons. 
(e) (1) In providing for the activities and interchanges authorized 
b^ section 102 of this Act, grants may be made to or for individuals, 
either directly or through foundations or educational or other institu-
tions, which foundations or institutions are public or private nonprofit, 
and may include funds for tuition and other necessary incidental 
expenses, for travel expenses from their places of residence and return 
for themselves, and, whenever it would further the purposes of this 
Act, for the dependent members of their immediate families, for health 
and accident insurance premiums, emergency medical expenses, costs 
of preparing and transporting to their former homes the remains of 
any of such persons who may die while away from their homes as 
participants or dependents of participants in any program under this 
Act, and for per diem in lieu of subsistence at rates prescribed by the 
President, for all such persons, and for such other expenses as are 
necessary for the successful accomplishment of the purposes of this 
Act. 
(2) Funds available for programs under this Act may be used (i) 
to provide for orientation courses, language training, or other appro-
priate services and materials for persons traveling out of the countries 
of their residence for educational and cultural purposes which further 
the purposes of this Act, whether or not they are receiving other finan-
cial support from the Government, and (ii) to provide or continue 
services to increase the effectiveness of such programs following the 
return of such persons to the countries of their residence. 
75 
S T A T . ] 
PUBLIC LAW 87-25 6-SEPT. 21, 1961 
531 
(3) For the purpose of assisting foreign students in making the 
best use of their opportunities while attending colleges and universities 
in the United States, and assisting such students in directing their 
talents and initiative into channels which will make them more effective 
leaders upon return to their native lands, the President may make 
suitable arrangements, by contract or otherwise, for the establishment 
and maintenance at colleges and universities in the United States 
attended by foreign students of an adequate counseling service, 
(4) The President is authorized to provide for publicity and promo-
tion (including representation) abroad of activities of the type 
provided for in this Act. 
(f) All persons employed or assigned to duties under this Act shall 
be investigated with respect to loyalty and suitability in accordance 
with standards and procedures established by the President. 
SEC. 105. (a) Appropriations to carry out the purposes of this Act, 
to remain available until expended, are herebj'^ authorized, and this 
authorization includes the authority to grant, in any appropriation 
Act, the authority to enter into contracts, within the amounts so 
authorized, creating obligations in advance of appropriations. 
(b) Funds appropriated for programs under this Act may, with-
out regard to section 3651 of the Revised Statutes (31 U.S.C. 543), 
be used for the acquisition from any source of foreign currencies in 
such amounts as may be necessary for current expenditures and for 
grants, including grants to foundations and commissions in accord-
ance with international agreements providing for the accomplishment 
of the purposes of this Act. 
(c) Moneys appropriated to any department or agency of the 
Government in furtherance of the purposes of this Act for research, 
technical aid, and educational and cultural programs, mav be trans-
ferred by the President to any other appropriation available for like 
purposes, but no appropriation authorized by this Act shall be 
increased or decreased by more than 10 per centum by reason of 
transfers pursuant to this paragraph. 
(d) The President is authorized— 
(1) to reserve in such amounts and for such periods as he shall 
determine to be necessary to provide for the programs authorized 
by subsections 102(a) (1) and 102(a) (2) (i), and 
(2) notwithstanding the provisions of any other law, to use in 
such amounts as may from time to time be specified in appropria-
tion Acts, to the extent that such use is not restricted oy agree-
ment with the foreign nations concerned, for any programs 
authorized by this Act, 
any currencies of foreign nations received or to be received by the 
United States or any agency thereof— 
(i) under agreements disposing of surplus property or settling 
lend-lease and other war accounts concluded after World War I I ; 
(ii) as the proceeds of sales or loan repayments, including 
interest, for transactions heretofore or hereafter effected under 
the Agricultural Trade Development and Assistance Act of 1954, 
as amended; 
(iii) in repayment of principal or interest on any other credit 
extended or loan heretofore or hereafter made by the United 
States or any agency thereof; or 
Counseling serv-
ice. 
P u b l i c i t y and 
promotion abroad. 
Investigation of 
employees. 
Appropriations. 
Foreign 
curren-
cies. 
Acquisition. 
T r a n E i f e r s 
of 
funds. 
Reserve and use 
of certain ftinds. 
68 Stat. 454. 
7 u s e 1691 note. 
532 
PUBLIC LAW 87-256-SEPT. 21, 1961 
[75 ST AT. 
63 Stat. 54; 64 
Stat. 201. 
22 u s e 1513note. 
40 Stat. 1161. 
42 Stat. 363. 
Foreign partici-
pation. 
Board of Foreign 
Scholarships. 
U. S. A d v i sory 
Commission on In-
ternational Educa-
tional and Cultural 
Affairs. 
R e p o r t to Con-
gre s s. 
(iv) as deposits to the account of the United States pursuant 
to section 115(b) (6) or section 115(h) of the Economic Coopera-
tion Act of 1948, as amended, or any similar provision of any 
other law. 
(e) The President is further authorized to reserve and use for 
educational and cultural exchange programs and other activities 
authorized in subsections 102 (a) and (b) of this Act, in relation to 
Finland and the people of Finland, all sums due or paid on and after 
August 24, 1949, by the Republic of Finland to the United States as 
interest on or in retirement of the principal of the debt incurred under 
the Act of February 25, 1919, as refunded by the a^eement dated 
May 1, 1923, pursuant to the authority contained in the Act of 
February 9, 1922, or of any other indebtedness incurred by that 
Republic and owing to the United States as a result of World War I. 
(f) Foreign governments, international organizations and private 
individuals, firms, associations, agencies, and other groups shall be 
encouraged to participate to the maximum extent feasible m carrying 
out this Act and to make contributions of funds, property, and services 
which the President is hereby authorized to accept, to be utilized to 
carry out the purposes of this Act. 
Funds made available for the 
purposes of this Act may be used to contribute toward meeting the 
expenses of activities carried out through normal private channels, 
by private means, and through foreign governments and international 
organizations. 
SEC. 106. (a)(1) For the purpose of selecting students, scholars, 
teachers, trainees, and other persons to participate in the programs 
authorized under section 102(a) (1) of this Act, and of supervising 
such programs and the programs authorized under section 102(b) 
(4) and (6), there is hereby continued the authority of the President 
to appoint a Board of Foreign Scholarships (hereinafter referred to 
as the "Board") consisting of twelve membsrs. In connection with 
appointments to such Board, due consideration shall be given to the 
selection of distinguished representatives of cultural, educational, 
student advisory, and war veterans groups, and representatives or 
the United States Office of Education, the United States Veterans' 
Administration, public and private nonprofit educational institutions. 
(2) In the selection of American citizens for participation in pro-
grams under this Act, preference shall be given to those who have 
served in the Armed Forces of the United States, and due considera-
tion shall be given to applicants from all geographical areas of the 
United States. 
(b) (1) The United States Advisory Commission on International 
Educational and Cultural Affairs (hereinafter referred to as the 
"Commission") is hereby established to replace the United States 
Advisory Commission on Educational Exchange. The Commission 
shall formulate and recommend to the President policies for exercis-
ing his authority under this Act and shall appraise the effectiveness 
of programs carried out pursuant to it. The Commission shall make 
a special study of the effectiveness of past programs with emphasis on 
the activities of a reasonably representative cross section of past re-
cipients of aid and shall submit a report to the Congress not later 
than December 31,1962. 
76 S T A T . ] 
PUBLIC LAW 87-256~SEPT. 21, 1961 
533 
(2) The Commission shall consist of nine members, who shall be 
appointed by the PresidenL by and with the advice and consent of 
the Senate. Members of tne Commission shall be appointed on a 
nonpartisan basis. 
(3) The members of the Commission shall represent the public 
interest and shall be selected from a cross section of educational, cul-
tural, scientific, technical, and public service backgrounds. 
(4) The term of each member shall be three years except that, of the 
first nine appointments, three shall be for a term of one year and three 
shall be for a term of two years. Any member appointed to fill a 
vacancy occurring prior to the expiration of the term for which his 
predecessor is appointed shall be appointed for the remainder of such 
term. 
Upon the expiration of his term of office any member may 
continue to serve until his successor is appointed and has qualified. 
(5) The President shall designate a Chairman from among members 
of the Commission. 
(6) The Commission is authorized to adopt such rules and regula-
tions as it may deem necessary to carry out the authority conferred 
upon it by this Act. 
(c) (1) There is hereby continued the Advisory Committee on the 
Arts (hereinafter referred to as the "Committee") created under sec-
tion 10 of the International Cultural Exchange and Trade Fair Par-
ticipation Act of 1956, consisting of a Chairman and nine other 
members of whom at least one shall be a member of the Commission. 
Appointment of all members and selection of the Chairman of this 
Committee shall hereafter be made by the Secretary of State. 
In 
making such appointments due consideration shall be given to the 
recommendations for nomination submitted by leading national 
organizations in the major art fields. 
(2) The members of the Committee shall be individuals whose 
knowledge of or experience in, or whose profound interest in, one or 
more of the arts will enable them to assist the Commission, the Presi-
dent, and other officers of the Government in performing the functions 
described in paragraph (3) of this subsection. 
(3) The Committee shall, in connection with activities, authorized 
under subsection 102 (a) (2) of this Act— 
(A) advise and assist the Commission in the discharge of 
its responsibilities in the field of international educational 
exchange and cultural presentations with special reference to the 
role of the arts in such fields; 
(B) advise other interested officers of the Government in the 
discharge of their responsibilities in connection with such activi-
ties and in connection with other international activities concerned 
with the arts; 
(C) provide such other advice and assistance as may be necessary 
or appropriate. 
(4) The term of office of each of the members of the Committee shall 
be three years. 
(d) The President is authorized to create such interagency and other 
advisory committees as in his judgment may be of assistance in carry-
ing out the purposes of this Act, and from time to time to convene 
conferences of persons interested in educational and cultural affairs 
to consider matter^ relating to the purposes of this Act. 
(e) The provisions of section 214 of the Act of May 3, 1945 (59 
Stat. 134; 31 U.S.C. 691), shall be applicable to any interagency com-
Composi t i o n of 
Commis8io]n. 
Term. 
Chairman. 
Rules and regu-
lations. 
Advisory C o m-
;mittee on the Arts. 
70 Stat. 779. 
22 u s e 1999. 
Activities. 
Creation of other 
committee !s. 
534 
PUBLIC LAW 87-256-SEPT. 21, 1961 
[75 STAT. 
mittee created pursuant to the provisions of this Act. 
Members of 
the Board, the Commission, the Committee, and other committees 
provided for in this section shall be entitled (i) to transportation 
expenses and per diem in lieu of subsistence at the rate prescribed by 
or established pursuant to section 5 of the Administrative Expense 
340."'^' '"'• ^^^' ^ct of 1946, as amended (5 U.S.C. 73b-2), while away from home m 
60 Stat. 808; 69 conucction with attendance at meetings or in consultation with officials 
Stat. 394. 
Q£ the Government or otherwise carrying out duties as authorized, 
and (ii) if not otherwise in the employ of the United States Govern-
ment, to conjpensation at rates not in excess of $50 per diem while 
performing services for such Board, Commission, Committee, or other 
committee. 
etc. °sTa« ' * * "
* ^' 
(f) The President is authorized to provide for necessary secretarial 
and staff assistance for the Board, the Commission, the Committee, 
and such other committees as may be created under this section. 
Reports to Con- 
g^c. 107. The Board, the Commission, and the Committee shall 
submit annual reports to the Congress and such other reports to the 
Congress as they deem appropriate, and shall make reports to the 
public in the United States and abroad to develop a better understand-
mg of and support for the programs authorized by this Act. 
SEC. 108. (a) Whenever the President determines it to be in further-
ance of this Act, the functions authorized in section 102(a) (2) and 
(3) may be performed without regard to such provisions of law or 
limitations of authority regulating or relating to the making, per-
formance, amendment, or modification of contracts, the acquisition and 
disposition of property, and the expenditure of Government funds, as 
he may specify. 
(b) The President shall submit annual reports to the Congress of 
activities carried on and expenditures made in furtherance of the 
purposes of this Act. 
Each such report shall include the texts of 
agreements made with other nations during the period covered by the 
report, a full description of the program and the funds expended with 
respect to each country in which activities have been carried on in 
furtherance of the purposes of this Act. 
(c) In connection with activities authorized by section 102(a) 
(2) and (3) of this Act, the President is authorized to provide for 
all necessary expenditures involved in the selection, purchase, rental, 
construction, or other acquisition of exhibits and materials and equip-
ment therefor, and the actual display thereof, including but not limited 
to costs of transportation, insurance, installation, safekeeping and 
storage, maintenance and operation, rental of space, and dismantling. 
(d) The President is authorized to utilize the provisions of title 
VIII of the United States Information and Educational Exchange 
2 2 use 14 7 1- ^Qj^ Qf 1948^ as amended, to the extent he deems necessary in carrying 
out the provisions and purposes of this Act. 
Immigration and 
^^^ 
^Q^ 'pjjg Immigration and Nationality Act, as amended, is 
N a t i o n a l i t y Act, 
, 
, 
I T 
« -.P 
'' 
' 
' 
amendment. 
hereby amended as follows: 
8USC noinote 
(a) In section 101(a) (15) (F) insert"(i)" at the beginning thereof, 
strike out the semicolon at the end thereof, and add the following: 
", and (ii) the alien spouse and minor children of any such alien if 
accompanying him or following to join him;" 
(b) In section 101(a) (15) (I) change the period to a semicolon at 
the end thereof and add the following: 
"(J) an alien having a residence in a foreign country which 
he has no intention of abandoning who is a bona fide student, 
scholar, trainee, teacher, professor, research assistant, specialist, 
or leader in a field of specialized knowledge or skill, or other 
person of similar description, who is coming temporarily to the 
United States as a participant in a program designated by the 
75 S T A T . ] 
PUBLIC LAW 87-256-SEPT. 21, 1961 
535 
Secretary of State, for the purpose of teaching, instructing or 
lecturing, studying, observing, conducting research, consulting, 
demonstrating special skills, or receiving training, and the alien 
spouse and minor children of any such alien if accompanying him 
or following to join him." 
(c) In section 212 redesignate subsection "(e)" to read " ( f ) " and 
^ ^^^ ^'^^^^ 
add a new subsection "(e)" to read: 
"(e) No person admitted under section 101(a) (15) (J) or acquir- 
"*"'*' P* ^^^' 
ing such status after admission shall be eligible to apply for an immi-
grant visa, or for permanent residence, or for a nonimmigrant visa 
under section 101(a) (15) (H) until it is established that such person 
has resided and been physically present in the country of his national-
ity or his last residence, or in another foreign country for an aggre-
gate of at least two years following departure from the United States: 
Provided, 
That such residence in another foreign country shall be 
considered to have satisfied the requirements of this subsection if the 
Secretary of State determines that it has served the purpose and the 
intent of the Mutual Educational and Cultural Exchange Act of 1961: 
Provided further, That upon the favorable recommendation of the 
Secretary of State, pursuant to the request of an interested United 
States Government agency, or of the Commissioner of Immigration 
and Naturalization after he has determined that departure from the 
United States would impose exceptional hardship upon the alien's 
spouse or child (if such spouse or child is a citizen of the United 
States or a lawfully resident alien), the Attorney General may waive 
the requirement of such two-year foreign residence abroad in the case 
of any alien whose admission to the United States is found by the 
Attorney General to be in the public interest: And provided 
further, 
That the provisions of this paragraph shall apply also to those persons 
who acquired exchange visitor status under the United States Infor-
mation and Educational Exchange Act of 1948, as amended"; and 
22 ^u^s"c^'i4 3i 
(d) In section 248, after the language "paragraph (15) (C)", in note. 
both instances, add "or (J)". 
s use izss. 
SEC. 110. (a) Section 117(b)(2)(A) of the Internal Revenue Code coTe?1mTnd! 
of 1954 (relating to the conditions for exclusion of scholarships and ments.' 
fellowship grants in the case of individuals who are not candidates 
^^^^^ ^^'^• 
for degrees) is amended to read as follows: 
"(A) CONDITIONS FOR EXCLUSION.—The grantor of the scholar-
ship or fellowship grant is— 
"(i) an organization described in section 501(c) (3) which 
is exempt from tax under section 501 (a), 
^^ "^^ ''°^-
"(ii) a foreign government, 
"(iii) an international organization, or a binational or 
multinational educational and cultural foundation or com-
mission created or continued pursuant to the Mutual Educa-
tional and Cultural Exchange Act of 1961, or 
"(iv) the United States, or an instrumentality or agency 
thereof, or a State, a territory, or a possession of the United 
States, or any political subdivision thereof, or the District 
of Columbia." 
(b) Section 871 of the Internal Revenue Code of 1954 (relating to 
^e use g7i. 
tax on nonresident alien individuals) is amended by redesignating 
subsection (d) as subsection (e) and by inserting after subsection (c) 
the following new subsection: 
"(d) 
PARTICIPANTS IN CERTAIN EXCHANGE OR TRAINING PRO-
GRAMS.—For purposes of this section, a nonresident alien individual 
who (without regard to tliis subsection) is not engaged in trade or 
business within tlie United States and who is temporarily present in 
the United States as a nonimmigrant under subparagraph (F) or 
586 
PUBLIC LAW 87-256-SEPT. 21, 1961 
[75 STAT. 
Ante, p. 534. 
26 use 872. 
26 use 1441. 
(J) of section 101(a) (15) of the Immigration and Nationality Act, 
8 usc^uo^i^ 
as amended, shall be treated as a nonresident alien individual engaged 
in trade or business within the United States." 
(c) Section 872(b) of the Internal Revenue Code of 1954 (relating 
to exclusions from gross income of nonresident alien individuals) is 
amended by adding at the end thereof the following new paragraph: 
"(3) 
COMPENSATION or PARTICIPANTS IN CERTAIN EXCHANGE OR 
TRAINING PROGRAMS.—Comj)ensation paid by a foreign employer 
to a nonresident alien individual for the period he is temporarily 
present in the United States as a nonimmigrant under subpara-
graph (F) or (J) of section 101(a) (15) of the Immigration and 
Nationality Act, as amended. For purposes of this paragraph, 
the term 'foreign employer' means— 
"(A) a nonresident alien individual, foreign partnership, 
or foreign corporation, or 
"(B) an office or place of business maintained in a foreign 
country or in a possession of the United States by a domestic 
corporation." 
(d)(1) Section 1441(a) of the Internal Revenue Code of 1954 
(relating to withholding of tax on nonresident aliens) is amended by 
inserting before the period at the end thereof the following: ", except 
that in me case of any item of income specified in the second sentence 
of subsection (b), the tax shall be equal to 18 percent of such item". 
(2) Section 1441(b) of such Code (relating to income items subject 
to withholding) is amended by adding at the end thereof the following 
new sentence: "The items of income referred to in subsection (a) from 
which tax shall be deducted and withheld at the rate of 18 percent 
are— 
"(1) that portion of any scholarship or fellowship grant which 
is received by a nonresident alien individual who is temporarily 
present in the United States as a nonimmigrant under subpara-
graph (F) or (J) of section 101(a) (15) of the Immigration and 
Nationality Act, as amended, and which is not excluded from 
gross income under section 117(a) (1) solely by reason of section 
117(b)(2)(B); and 
"(2) amounts described in subparagraphs (A), (B), (C), and 
(D) of section 117(a)(2) which are received by any such non-
resident alien individual and which are incident to a scholarship 
or fellowship grant to which section 117(a) (1) applies, but only 
to the extent such amounts are includible in gross income." 
26 use 1441. 
(3) Section 1441(c) (4) of the Internal Revenue Code of 1954 (rela-
ting to exceptions to withholding of tax on nonresident aliens) is 
amended to read as follows: 
" (4) COMPENSATION OF CERTAIN ALIENS.—^Under regulations pre-
scribed by the Secretary or his delegate, there may be exempted 
from deduction and withholding under subsection (a) the com-
pensation for personal services of— 
"(A) nonresident alien individuals who enter and leave 
the United States at frequent intervals, and 
"(B) a nonresident alien individual for the period he is 
temporarily present in the United States as a nonimmigrant 
under subparagraph (F) or (J) of section 101(a) (15) of the 
Immigration and Nationality Act, as amended." 
26 use 3121. 
(e)(1) Section 3121(b) of the Internal Revenue Code of 1954 
(relating to the definition of employment for purposes of the Federal 
26 use 3125. 
Insurance Contributions Act) is amended— 
^A) by striking out "or" at the end of paragraph (17); 
(B) by striking out the period at the end of paragraph (18) 
and inserting in lieu thereof''; or"; and 
26 use 117. 
75 S T A T . ] 
PUBLIC LAW 87-256-SEPT. 21, 1961 
537 
(C) by adding at the end thereof the following new paragraph: 
"(19) Service which is performed by a nonresident alien indi-
vidual for the period he is temporarily present in the United 
States as a nonimmigrant imder subparagraph (F) or (J) of 
section 101(a) (15) of the Immigration and Nationality Act, as 
amended, and which is performed to carry out the purpose speci-
fied in subparagraph (F) or (J), as the case may be. 
(2) Section 210(a) of the Social Security Act, as amended, is 
amended— 
(A) by striking out "or" at the end of paragraph (17); 
(B) by striking out the period at the end of paragraph (18) 
and inserting in lieu thereof "; or"; and 
(C) by adding at the end thereof the following new paragraph: 
"(19) Service which is performed by a nonresident alien indi-
vidual for the period he is temporarily present in the United 
States as a nonimmigrant under subparagraph (F) or (J) of 
section 101(a) (15) of the Immigration and Nationality Act, as 
amended, and which is performed to carry out the purpose speci-
fied in subparagraph (F) or (J), as the case may be." 
(f) Section 3306(c) of the Internal Revenue Code of 1954 (relating 
to the definition of employment for purposes of the Federal Un-
employment Tax Act) is amended— 
(1) by striking out "or" at the end of paragraph (16); 
(2) by striking out the period at the end of paragraph (17) and 
inserting in lieu thereof "; or"; and 
(3) by adding at the end thereof the following new paragraph: 
"(18) Service which is performed by a nonresident alien indi-
vidual for the period he is temporarily present in the United 
States as a nonimmigrant under subparagraph (F) or (J) of 
section 101(a) (15) of the Immigration and Nationality Act, as 
amended, and which is performed to carry out the purpose 
specified in subparagraph (F) or ( J ) , as the case may be.'' 
(g) (1) Section 3401(a) (6) of the Internal Revenue Code of 1954 
(relating to the definition of wages for purposes of withholding of 
income tax at source) is amended by adding at the end thereof the 
following new subparagraph: 
"(C) an individual who is temporarily present in the United 
States as a nonimmigrant under subparagraph (F) or (J) of 
section 101(a) (15) of the Immigration and Nationality Act, as 
amended, if such remuneration is exempt, under section 1441(c) 
(4) (B), from deduction and withholding under section 1441(a), 
and is not exempt from taxation under section 872(b);(3), or". 
(2) Section 3402(f) of such Code (relating to withholding exemp-
tions) is amended by adding at the end thereof the following new 
paragraph: 
"(6) 
EXEMPTION OF CERTAIN NONRESIDENT ALIENS.—Notwith-
standing the provisions of paragraph (1), a nonresident alien in-
dividual (other than an individual described in section 3401(a) 
(6) (A) or (B)) shall be entitled to only one withholding 
exemption." 
(hj (1) The amendments made by subsections (a), (b), and (c) 
of this section shall apply to taxable years beginning after December 
31, 1961. 
(2) The amendments made by subsection (d) of this section shall 
apply with respect to payments made after December 31, 1961. 
(3) The amendments made by subsections (e) and (f) of this section 
shall apply with respect to service performed after December 31, 
1961. 
8 use 1101. 
Ante, p. 534. 
42 use 410. 
26 use 3306. 
26 use 3401. 
Ante, p. 536, 
26 use 1441. 
Ante, p. !>36. 
26 use 3402. 
26 use 3401. 
64207 0-62—37 
538 
PUBLIC LAW 87-257-SEPT. 21, 1961 
[75 STAT. 
(4) The amendments made by subsection (g) of this section shall 
apply with respect to wages paid after December 31,1961. 
Repeals. 
^^^ 
JH. (a) There are hereby repealed— 
(1) Section 32(b)(2) of the Surplus Property Act of 1944, 
as amended (60 Stat. 754,50 U.S.C. App. Sec. 1641); 
(2) Sections 2(2), 201, 203 insofar as it relates to schools, 
601, 602 and 603 insofar as they relate to the Advisory Commis-
sion on Educational Exchange, 1001 insofar as it relates to persons 
employed or assigned to duties under this Act, and 1008 and 1009 
insofar as they relate to educational exchange activities, of the 
United States Information and Educational Exchange Act of 
1948, as amended (62 Stat. 6; 22 U.S.C. sections 1431 (2); 1434, 
1439, 1440, 1446, 1448, 1466, 1467, and 1468); 
(3) The International Cultural Exchange and Trade Fair 
Participation Act of 1956 (70 Stat. 778; 22 U.S.C. 1991-2001); 
(4) The joint resolution of August 24, 1949, authorizing the 
use of Finnish World War I debt payments available for educa-
tional and technical instruction, and so forth (63 Stat. 630; 20 
U.S.C. 222-224). 
(b) All Executive orders, agreements, determinations, regulations, 
contracts, appointments, and other actions issued, concluded, or taken 
under authority of any provisions of law repealed by subsection (a) 
of this section shall continue in full force and effect, and shall be 
applicable to the appropriate provisions of this Act until modified or 
superseded by appropriate authority. 
(c) Any reference in any other Act to the provisions of law listed 
in subsection (a) shall hereafter be considered to be references to the 
appropriate provisions of this Act. 
Approved September 21, 1961. 
Public Law 87-257 
September 21, 1961 
AN A C T 
[H. R. 8719] 
rp^ amend the Act of .July 23, 1947, chapter 301, as amended, to extend for two 
years the authority to make temporary appointments and promotions in the 
United States Coast Guard. 
Be it enacted by the Senate and House of Representatives 
of the 
Coast Guard. 
United States of America in Congress asseinbled^ That section 16 of 
polntTentr ^^' the Act of July 23, 1947, chapter 301 (61 Stat. 413; 14 U.S.C. 435, 
72 Stat. 1555. 
note), as amendedj is amended, to read as follows: 
"SEC. 16. Notwithstanding the limitations contained in subsectioh 
(a) of section 435, and subsection (a) of section 436, of title 14, United 
70A Stat. 621. 
gtates Code, the authority granted by those sections may be exercised 
until— 
"(1) such time as the Secretary of the Treasury determines 
that the number of officers holding permanent appointments on 
the active list of the Coast Guard is equal to 95 per centum of 
the number of such officers authorized by law, exclusive of extra 
numbers; or 
"(2) January 1,1964; 
whichever occurs earlier." 
Approved September 21, 1961.