Foreign Relations of the United States, 1964–1968, Volume VIII, International Monetary and Trade Policy

131. Memorandum From the General Counsel, Department of Commerce (Giles) to Secretary of Commerce Trowbridge¹

Washington, June 30, 1967.

SUBJECT

• U.S. Travel Service—“Discover America, Inc.”

I have reviewed the material in the attached file² and have the following comments and conclusions:

1) I don’t understand John Black’s assertion that Short’s appointment by the President expired on December 31, 1965. This may be true with respect to the first so-called Ullman Resolution, but the President’s appointment of Short, dated May 1, 1965, states that Short serves at the “pleasure” of the President. So far as we know, the President has not terminated his pleasure in this regard.

2) Actually, the President did not need the Ullman Resolution as a legal matter in order to encourage private industry to cooperate on the travel problem or in order to do the things done under that Resolution.

3) It is certainly clear that the U.S.T.S. act vests in the Secretary of Commerce the authority and responsibility to carry on a program of promoting foreign citizens to visit the United States. This does not mean, however, that the President of the United States cannot ask a private citizen (such as Short) to undertake a special effort, at no compensation, to encourage private industry’s participation in promoting travel to the U.S. from abroad, as well as encouraging U.S. citizens to stay home and travel within the United States.

4) It seems to me that the problem is essentially not a legal one, but one of administrative policy. In other words, I do not see that the legal argument is really conclusive for either Short on the one hand, or for U.S.T.S. on the other. (This assumes of course that Short doesn’t try to tell Commerce exactly how it will expend travel program money appropriated to this Department by Congress.)

5) Apparently, this is a controversy of some long standing, and I would suggest that you talk with the Vice President about Short’s recent contacts with you and see if you cannot reach an appropriate understanding with him regarding Commerce relationship with Short. (This is not the same as asking the Vice President how Commerce should plan its official responsibilities and how exactly it should expend its appropriations for the travel program.)

6) It would also be relevant to know what precise activities does Short propose to carry out which John Black disagrees with, and why? And what precise activities does John propose to carry out which Short disagrees with, and why? Is there a real difference of view on specific program content—not just a disagreement about who will do something and get the “credit”?

REG

1. Source: Washington National Records Center, RG 40, Secretary of Commerce Files: FRC 74 A 20, U.S. Travel Service, 1967–1968. No classification marking.
2. The attached file includes Black’s June 5 letter to Trowbridge (Document 127) and its attachments.