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Public Law 79-264 (S. 1580), 59 Stat. 619, approved December 20, 1945; as amended

by Public Law 81-216 (National Security Act Amendments of 1949, H.R. 5632). 63 Stat. 578, approved August 10, 1949; Public Law 81-341 (H.R. 4708), 63 Stat. 734; approved October 10, 1949; Public Law 86-707 (Overseas Differentials and Allowances Act, H.R. 7758), 74 Stat. 792, approved September 6, 1960; Public Law 89-206 (S. 1903), 79 Stat. 841, approved September 28, 1965; Public Law 93–126 (Department of State Appropriations Authorization Act of 1973, H.R. 7645). 87 Stat. 451, approved October 18, 1973; Public Law 95-12 (H.R. 1746), 91 Stat. 22, approved March 18, 1977; Public Law 96-465 (Foreign Service Act of 1980, H.R. 6790), 94 Stat. 2071 at 2160, approved October 17, 1980; Public Law 97-241 (Department of State Authorization Act, Fiscal Years 1982 and 1983; S. 1193). 96 Stat. 273 at 279 and 280, approved August 24, 1982; Public Law 98-164 (Department of State Authorization Act, Fiscal Years 1984 and 1985; H.R. 2915). 97 Stat. 1017 at 1035, approved November 22, 1983; Public Law 100-459 [Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1989; H.R. 4782), approved October 1, 1988; Public Law 103-236 (Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333), 108

Stat. 382, approved April 30, 1994 AN ACT To provide for the appointment of representatives of the United States in

the organs and agencies of the United Nations, and to make other provision with respect to the participation of the United States in such organization.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “United Nations Participation Act of 1945”.

SEC. 2. (a) 2 The President, by and with the advice and consent of the Senate, shall appoint a representative of the United States to the United Nations who shall have the rank and status of Ambassador Extraordinary and Plenipotentiary and shall hold office at the pleasure of the President. Such representative shall represent the United States in the Security Council of the United Nations and may serve ex officio as representative of the United States in any organ, commission, or other body of the United Nations other than specialized agencies of the United Nations, and shall perform such other functions in connection with the participation of the United States in the United Nations as the President may, from time to time, direct.

See related legislation: Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, especially title IV, part A, beginning at page 113; Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, sec. 161, page 209, secs. 170, 174-175, beginning at page 212, sec, 192, page 215, and sec. 364, page 228; Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, secs. 406-408, beginning at page 265; Foreign Relations Authorization Act, Fiscal Years 1988 and 1989, title VII, and sec. 1211, beginning at page 324 and page 340; Foreign Relations Authorization Act, Fiscal Years 1986 and 1987, sec. 151, page 370; Department of State Authorization Act, Fiscal Years 1984 and 1985, secs. 113-116, 118-119, beginning at page 384; Department of State Authorization Act, Fiscal Years 1982 and 1983, secs. 104, 108, 109, beginning at page 401; Foreign Relations Authorization Act, Fiscal Year 1979, sec. 103, page 415, sec, 609, page 429; For. eign Relations Authorization Act, Fiscal Year 1978, sec. 503, page 439; Foreign Relations Au. thorization Act, Fiscal Year 1976, sec. 205, page 450, sec. 503, page 450,

2 22 U.S.C. 287. Subsecs. (a) and (b) were amended and restated by sec. l(a) of Public Law 89206 (79 Stat. 841); previously amended and restated by sec. 2 of Public Law 81-341 (63 Stat. 734),

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(b) 2 The President, by and with the advice and consent of the Senate, shall appoint additional persons with appropriate titles, rank, and status to represent the United States in the principal organs of the United Nations and in such organs, commissions, or other bodies as may be created by the United Nations with respect to nuclear energy or disarmament (control and limitation of armament). Such persons shall serve at the pleasure of the President and subject to the direction of the Representative of the United States to the United Nations. They shall, at the direction of the Representative of the United States to the United Nations, represent the United States in any organ, commission, or other body of the United Nations, including the Security Council, the Economic and Social Council, and the Trusteeship Council, and perform such other functions as the Representative of the United States is authorized to perform in connection with the participation of the United States in the United Nations. Any Deputy Representative or any other officer holding office at the time the provisions of this Act, as amended, become effective shall not be required to be reappointed by reason of the enactment of this Act, as amended.

(c) 3 The President, by and with the advice and consent of the Senate, shall designate from time to time to attend a specified session or specified sessions of the General Assembly of the United Nations not to exceed five representatives of the United States and such number of alternates as he may determine consistent with the rules of procedure of the General Assembly. One of the representatives shall be designated as the senior representative.

(d) 4 The President may also appoint from time to time such other persons as he may deem necessary to represent the United States in organs and agencies of the United Nations. The President may, without the advice and consent of the Senate, designate any officer of the United States to act without additional compensation as the representative of the United States in either the Economic and Social Council or the Trusteeship Council (1) at any specified session thereof where the position is vacant or in the absence or disability of the regular representative or (2) in connection with a specified subject matter at any specified session of either such council in lieu of the regular representative. The President may designate any officer of the Department of State, whose appointment is subject to confirmation by the Senate, to act, without additional compensation, for temporary periods as the representative of the United States in the Security Council of the United Nations in the absence or disability of the representatives provided for under section 2 (a) and (b) or in lieu of such representatives in connection with a specified subject matter.

(e) 5 The President, by and with the advice and consent of the Senate, shall appoint a representative of the United States to the European office of the United Nations with appropriate rank and status who shall serve at the pleasure of the President and subject to the direction of the Secretary of State. Such person shall, at the direction of the Secretary of State, represent the United States at the European office of the United Nations, and perform such other functions there in connection with the participation of the United States in international organizations as the Secretary of State may, from time to time, direct.

3 Subsec. (c) was amended and restated by sec. 1 of Public Law 81-341 (63 Ştat. 734).

4 Subsec. (d) was amended and restated by sec. I(b) of Public Law 89-206 (79 Stat. 841); previously amended and restated by sec. 1 of Public Law 81-341 (63 Stat. 735).

5 Subsecs. (e) and (f) were redesignated subsecs. (f) and (g) respectively and a new subsec. (e) was added by sec. 2 of Public Law 89-206 (79 Stat. 841). The present subsec. (g) was originally added by sec. 2 of Public Law 81-341.

(f) 5 Nothing contained in this section shall preclude the President, or the Secretary of State, at the direction of the President from representing the United States at any meeting or session of any organ or agency of the United Nations.

(g) 5 All persons appointed in pursuance of authority contained in this section shall receive compensation at rates determined by the President upon the basis of duties to be performed but not in excess of rates authorized by sections 401, 402, and 403 of the Foreign Service Act of 1980 for chiefs of mission, members of the Senior Foreign Service, and Foreign Service officers occupying positions of equivalent importance, except that no Member of the Senate or House of Representatives or officer of the United States who is designated under subsections (c) and (d) of this section as a representative of the United States or as an alternate to attend any specified session or specified sessions of the General Assembly shall be entitled to receive such compensation.

(h)? The President, by and with the advice and consent of the Senate, shall appoint a representative of the United States to the Vienna office of the United Nations with appropriate rank and status, who shall serve at the pleasure of the President and subject to the direction of the Secretary of State. Such individual shall, at the direction of the Secretary of State, represent the United States at the Vienna office of the United Nations and perform such other functions there in connection with the participation of the United States in international organizations as the Secretary of State from time to time may direct.

SEC. 3.8 The representatives provided for in section 2 hereof, when representing the United States in the respective organs and agencies of the United Nations, shall, at all times, act in accordance with the instructions of the President transmitted by the Secretary of State unless other means of transmission is directed by the President, and such representatives shall, in accordance with such instructions, cast any and all votes under the Charter in the United Nations.

SEC. 4.9 (a) PERIODIC REPORTS.—The President shall, from time to time as occasion may require, but not less than once each year, make reports to the Congress of the activities of the United Nations and of the participation of the United States therein. He shall make special current reports on decisions of the Security Council to take enforcement measures under the provisions of the Charter of the United Nations, and on the participation therein, under his instructions, of the representative of the United States.

& References in this sentence to the Foreign Service Act of 1980 and to the Senior Foreign Service were inserted by sec. 2206(aX2) of Public Law 96-465 (94 Stat. 2160), effective February 15, 1981. These replaced a reference to the Foreign Service Act of 1946.

1 Subsec. (h) was added by sec. 118 of the Department of State Authorization Act, Fiscal Years 1982 and 1983 (Public Law 97-273; 96 Stat. 279).

8 22 U.S.C. 287a. 9 22 U.S.C. 287b. Sec. 406 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 448), inserted "(a) PERIODIC REPORTS.—”, and added new subsecs. (b) and (c). See also sec. 407 of that Act, relating to consultations and reports on U.N. peacekeeping operations, page 116.

(b) TRANSMITTAL OF SECURITY COUNCIL RESOLUTIONS.--Not later than 3 days (excluding Saturdays, Sundays, and legal holidays) after adoption of any resolution by the Security Council, the Secre tary of State shall transmit the text of such resolution and any supporting documentation to the designated congressional committees.

(c) REPORTS ON PEACEKEEPING OPERATIONS. The Secretary of State shall promptly transmit to the designated congressional committees any published report prepared by the United Nations and distributed to the members of the Security Council that contains assessments of any proposed, ongoing, or concluded United Nations peacekeeping operation.

(d) 10 ANNUAL REPORT.—In addition to the report required by subsection (a), the President, at the time of submission of the annual budget request to the Congress, shall submit to the desig. nated congressional committees a report that includes the following:

(1) COSTS OF PEACEKEEPING OPERATIONS.

(A) In accordance with section 407(a)(5)(B) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, a description of all assistance provided by the United States to the United Nations to support peacekeeping operations during the previous calendar quarter and during the previous year.

(B) With respect to United Nations peacekeeping operations

(i) the aggregate cost of all United Nations peacekeeping operations for the prior fiscal year;

(ii) the costs of each United Nations peacekeeping operation for the prior fiscal year; and

(iii) the amount of United States contributions (both assessed and voluntary) to United Nations peacekeeping operations on an operation-by-operation basis for

the prior fiscal year. (C) With respect to other international peacekeeping op erations in which the United States participates

(i) the aggregate cost of all such operations for the prior fiscal year;

(ii) the costs of each such operation for the prior fiscal year; and

(iii) the amount of United States contributions (both assessed and voluntary) to such operations on an oper

ation-by-operation basis for the prior fiscal year. (D) In the case of the first 2 reports submitted pursuant to this subsection, a projection of all United States costs for United Nations peacekeeping operations during each of the next 2 fiscal years, including assessed and voluntary

10 Sec. 407(b) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; Public Law 103-236; 108 Stat. 450), added subsec. (d) and (e).

contributions. (2) OTHER MATTERS REGARDING PEACEKEEPING OPERATIONS.—

(A) An assessment of the effectiveness of ongoing international peacekeeping operations, their relevance to United States national interests, the efforts by the United Nations and other international organizations (as applicable) to resolve the relevant armed conflicts, and the projected termination dates for all such operations.

(B) The dollar value and percentage of total peacekeeping contracts that have been awarded to United States

contractors during the previous year. (3) UNITED NATIONS REFORM.

(A)(i) A description of the status of efforts to establish and implement an independent office of the Inspector General at the United Nations.

(ii) If an office of the Inspector General has been established at the United Nations, a discussion of whether the Inspector General is keeping the Secretary General and the members of the General Assembly fully informed about problems, deficiencies, the necessity for corrective action, and the progress of corrective action.

(iii) For purposes of this subparagraph, the term 'office of the Inspector General' means an independent office (or other independent entity) established by the United Nations to conduct and supervise objective audits, inspections, and investigations relating to the programs and operations of the United Nations.

(B) A description of the status of efforts to reduce the United States peacekeeping assessment rate.

(C) A description of the status of other United States efforts to achieve financial and management reform at the

United Nations. (4) MILITARY PERSONNEL PARTICIPATING IN MULTINATIONAL FORCES.—A description of

(A) the status under international law of members of multinational forces, including the legal status of such personnel if captured, missing, or detained;

(B) the extent of the risk for United States military personnel who are captured while participating in multinational forces in cases where their captors fail to respect the 1949 Geneva Conventions and other international agreements intended to protect prisoners of war; and

(C) the specific steps that have been taken to protect United States military personnel participating in multinational forces, together (if necessary) with any recommendations for the enactment of legislation to achieve that objec

tive. (5) HUMAN RIGHTS AND U.N. PEACEKEEPING FORCES.-A description of the efforts by United Nations peacekeeping forces to promote and protect internationally recognized human rights standards, including the status of investigations in any case of alleged human rights violations during the preceding

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