Page images
PDF
EPUB

ties and assistance, including rights of passage, to be made available to the Security Council on its call for the purpose of maintaining international peace and security in accordance with article 43 of said Charter. The President shall not be deemed to require the authorization of the Congress to make available to the Security Council on its call in order to take action under article 42 of said Charter and pursuant to such special agreement or agreements the Armed Forces, facilities, or assistance provided for therein: Provided, That, except as authorized in section 7 of this Act,18 nothing herein contained shall be construed as an authorization to the President by the Congress to make available to the Security Council for such purpose armed forces, facilities, or assistance in addition to the forces, facilities, and assistance provided for in such special agreement or agreements.

SEC. 7.19 (a) Notwithstanding the provisions of any other law, the President, upon the request by the United Nations for cooperative action, and to the extent that he finds that it is consistent with the national interest to comply with such request, may authorize, in support of such activities of the United Nations as are specifically directed to the peaceful settlement of disputes and not involving the employment of armed forces contemplated by chapter VII of the United Nations Charter

(1) the detail to the United Nations, under such terms and conditions as the President shall determine, of personnel of the armed forces of the United States to serve as observers, guards, or in any noncombatant capacity, but in no event shall more than a total of one thousand of such personnel be so detailed at any one time: Provided, That while so detailed, such personnel shall be considered for all purposes as acting in the line of duty, including the receipt of pay and allowances as personnel of the armed forces of the United States, credit for longevity and retirement, and all other perquisites appertaining to such duty: Provided further, That upon authorization or approval by the President, such personnel may accept directly from the United Nations (a) any or all of the allowances or perquisites to which they are entitled under the first proviso hereof, and (b) extraordinary expenses and perquisites incident to such detail;

(2) the furnishing of facilities, services, or other assistance and the loan of the agreed fair share of the United States of any supplies and equipment to the United Nations by the Department of Defense, under such terms and conditions as the President shall determine;

(3) the obligation, insofar as necessary to carry out the purposes of clauses (1) and (2) of this subsection, of any funds appropriated to the Department of Defense or any department therein, the procurement of such personnel, supplies, equipment, facilities, services, or other assistance as may be made

18 The words "except as authorized in section 7 of this Act" were added by sec. 4 of Public Law 81-341 (63 Stat. 735).

19 22 U.S.C. 287d-1. Sec. 7 was added by sec. 5 of Public Law 81-341 (63 Stat. 735). Sec. 12(a) of Public Law 81-216 (63 Stat. 591) changed the term "National Military Establishment" to "De partment of Defense" throughout the section.

available in accordance with the request of the United Nations, and the replacement of such items, when necessary, where they are furnished from stocks.

(b) Whenever personnel or assistance is made available pursuant to the authority contained in subsection (a) (1) and (2) of this section, the President shall require reimbursement from the United Nations for the expense thereby incurred by the United States: Provided, That in exceptional circumstances, or when the President finds it to be in the national interest, he may waive, in whole or in part, the requirement of such reimbursement: Provided further, That when any such reimbursement is made, it shall be credited, at the option of the appropriate department of the Department of Defense, either to the appropriation, fund, or account utilized in incurring the obligation, or to an appropriate appropriation, fund, or account currently available for the purposes for which expenditures were made.

(c) In addition to the authorization of appropriations to the Department of State contained in section 8 of this Act, there is hereby authorized to be appropriated to the Department of Defense, or any department therein, such sums as may be necessary to reimburse such departments in the event that reimbursement from the United Nations is waived in whole or in part pursuant to authority contained in subsection (b) of this section.

(d) Nothing in this Act shall authorize the disclosure of any information or knowledge in any case in which such disclosure is prohibited by any other law of the United States.

SEC. 8.20 There is hereby authorized to be appropriated annually to the Department of State, out of any money in the treasury not otherwise appropriated, such sums as may be necessary for the payment by the United States of its share of the expenses of the United Nations as apportioned by the General Assembly in accordance with article 17 of the Charter, and for all necessary salaries and expenses of the representatives provided for in section 2 hereof, and of their appropriate staffs, including personal services in the District of Columbia and elsewhere, without regard to the civil-service laws and the Classification Act of 1923, as amended; 21 travel expenses without regard to the Standardized Government Travel Regulations, as amended, the Travel Expense Act of 1949,22 and section 10 of the Act of March 3, 1933, as amended, 23 and,

20 22 U.S.C. 287e. Added originally as sec. 7, this text was redesignated as sec. 8 by sec. 6 of Public Law 81-341 (63 Stat. 736).

Sec. 410 of the Foreign Assistance Act of 1971 (Public Law 92-226), approved February 7, 1972, provided as follows:

"The Congress strongly urges the President to undertake such negotiations as may be necessary to implement that portion of the recommendations of the Report of the President's Commission for the Observance of the Twenty-fifth Anniversary of the United Nations (known as the "Lodge Commission") which proposes that the portion of the regular assessed costs to be paid by the United States to the United Nations be reduced so that the United States is assessed in each year not more than 25 per centum of such costs assessed all members of the United Nations for that year.".

See also title IV, part A of the Foreign Relations Authorization Act for Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 445), beginning at page 113.

21 Classification Act of 1923, as amended, is now the Classification Act of 1949, as amended (5 U.S.C. 305, 5101-5113, 5115, 5331-5338, 5341, 5342, 5509, 7154).

22 Travel Expense Act of 1949 is now amended (5 U.S.C. 5701, 5702, 5704-5708). 23 15 U.S.C. 5731.

under such rules and regulations as the Secretary of State may prescribe, travel expenses of families and transportation of effects of United States representatives and other personnel in going to and returning from their post of duty; allowances for living quarters, including heat, fuel, and light, as authorized by the Act approved June 26, 1930 (5 U.S.C. 118a); 24 cost-of-living allowances for personnel stationed abroad under such rules and regulations as the Secretary of State may prescribe; communications services; stenographic reporting, translating, and other services, by contract; hire of passenger motor vehicles and other local transportation; rent of offices; printing and binding without regard to section 11 of the Act of March 1, 1949 (44 U.S.C. 111); allowances and expenses as provided in section 6 of the Act of July 30, 1946 (Public Law 565, Seventy-ninth Congress), 25 and allowances and expenses equivalent to those provided in section 905 of the Foreign Service Act of 1980,26 the lease or rental (for periods not exceeding ten years) of living quarters for the use of the representatives provided for in section 2 of this Act serving abroad 27 and of their appropriate staffs, 28 the cost of installation and use of telephones in the same manner as telephone service is provided for use of the Foreign Service pursuant to the Act of August 23, 1912, as amended (31 U.S.C. 679), and 29 unusual expenses similar to those authorized by section 22 of the Administrative Expenses Act of 1946, as amended 30 by section 311 of the Overseas Differentials and Allowances Act, incident to the operation and maintenance of such living quarters abroad; 31 and such other expenses as may be authorized by the Secretary of State; and without regard to section 3709 of the Revised Statutes as amended (41 U.S.C. 5).32

SEC. 9.33 The Secretary of State may, under such regulations as he shall prescribe, and notwithstanding section 3648 of the Revised

24 Act of June 26, 1930, is now amended (5 U.S.C. 5912).

25 Sec. 6 of the Act of July 30, 1946, as amended (22 U.S.C. 287r).

26 The reference to sec. 905 of the Foreign Service Act of 1980 was inserted by sec. 2206(a*2) of Public Law 96-465 (94 Stat. 2160), effective February 15, 1981. This replaced a reference to sec. 901(3) of the Foreign Service Act of 1946.

27 Sec. 304(a)(1) of Public Law 100-459 (102 Stat. 2207) added "serving abroad" at this point. 28 The words "representatives provided for in section 2 of this Act and of their appropriate staffs" were inserted in lieu of "representative of the United States to the United Nations referred to in paragraph (a) of section 2 hereof by sec. 119(1) of the Department of State Authorization Act, Fiscal Years 1982 and 1983 (Public Law 97-241, 96 Stat. 280).

29 Sec. 311(b) of Public Law 86-707 substituted the phrase "and unusual expenses・・・ " for the previous clause.

30 Sec. 22 of the Administrative Expenses Act of 1946, as amended, is now codified as 5 U.S.C. 5913 by Public Law 89-554 (80 Stat. 378 at 510; September 6, 1966).

31 Sec. 304(a)(2) of Public Law 100-459 (102 Stat. 2207) added "abroad" at this point.

32 The last sentence, added by sec. 119(2) of Public Law 97-273 (96 Stat. 280), was deleted by sec. 304(a)(3) of Public Law 100-459. It formerly read as follows:

[ocr errors]

"Any payments made by United States Government personnel for occupancy by them of living quarters leased or rented under this section shall be credited to the appropriation, fund, or account utilized by the Secretary of State for such lease or rental or to the appropriation, fund, or account currently available for such purpose."

33 22 U.S.C. 287e-1. Sec. 9, originally added by sec. 15 of Public Law 93-126 (87 Stat. 454), was substantially rewritten by sec. 304(b) of Public Law 100-459 (102 Stat. 2207). Subsec. (2) was redesignated (3)"; in such subsec. the word "President" was deleted and "Secretary" inserted; subsecs. (1), (2), and (4) were new text. Sec. 304(c)(1) provided an effective date of July 1, 1989, for these amendments. Sec. 9 formerly read as follows:

"SEC. 9. The President may, under such regulations as he shall prescribe, and notwithstanding section 3648 of the Revised Statutes (31 U.Š.C. 529) and section 5536 of title 5, United States Code

Continued

Statutes (31 U.S.C. 529) and section 5536 of title 5, United States Code:

(1) Make available to the Representative of the United States to the United Nations and the Deputy Permanent Representative of the United States to the United Nations living quarters leased or rented by the United States (for periods not exceeding ten years) and allowances for unusual expenses incident to the operation and maintenance of such living quarters similar to those and to be considered for all purposes as authorized by section 22 of the Administrative Expenses Act of 1946, as amended by section 311 of the Overseas Differentials and Allowances Act.

(2) 34 Make available in New York to no more than 18 foreign service employees of the staff of the United States Mission to the United Nations, other representatives, and no_more than two employees who serve at the pleasure of the Representative, living quarters leased or rented by the United States (for periods not exceeding ten years). The number of employees to which such quarters will be made available shall be determined by the Secretary and shall reflect a significant reduction over the number of persons eligible for housing benefits as of the date of enactment of this provision. No employee may occupy a unit under this provision if the unit is owned by the employee. The Secretary shall require that each employee occupying housing under this subsection contribute to the Department of State a percentage of his or her base salary, in an amount to be determined by the Secretary of State toward the cost of such housing. The Secretary may reduce such payments to the extent of income taxes paid on the value of the leased or rented quarters any payments made by employees to the Department of State for occupancy by them of living quarters leased or rented under this section shall be credited to the appropriation, fund, or account utilized by the Secretary of State for such lease or rental or to the appropriation, fund, or account currently available for such purpose.

"(1) grant any employee of the staff of the United States Mission to the United Nations designated by the Secretary of State, and any employee of the United States Information Agency designated by the Director of that Agency, who is required because of important representational responsibilities to live in the extraordinarily high-rent area immediately surrounding the headquarters of the United Nations in New York, New York, an allowance to compensate for the portion of expenses necessarily incurred by the employee for quarters and utilities which exceed the average of such expenses incurred by typical, permanent residents of the Metropolitan New York, New York, area with comparable salary and family size who are not compelled by reason of their employment to live in such high-rent area; and

"(2) provide such allowance as the President considers appropriate, to each Delegate and Alternate Delegate of the United States to any session of the General Assembly of the United Nations who is not a permanent member of the staff of the United States Mission to the United Nations, in order to compensate each such Delegate or Alternate Delegate for necessary housing and subsistence expenses incurred by him with respect to attending any such session.

"Not more than fifty employees, including not more than five employees of the United States Information Agency, shall be receiving an allowance under paragraph (1) of this section at any one time.".

34 Sec. 304(c) of Public Law 100-459 (102 Stat. 2208) provided:

“(2) In the event that taxes paid by an employee on the benefit provided under subsection (2) of section 9 exceed the contribution amount computed as a percentage of base salary under that subsection, the Department of State may reimburse the employee up to the amount of such differential for the period from the date of enactment of this Act through July 1, 1989.".

(3) 33 provide such allowance as the Secretary considers appropriate, to each Delegate and Alternate Delegate of the United States to any session of the General Assembly of the United Nations who is not a permanent member of the staff of the United States Mission to the United Nations, in order to compensate each such Delegate or Alternate Delegate for necessary housing and subsistence expenses incurred by him with respect to attending any such session.

(4) The Inspector General shall review the program established by this section no later than December 1989 and periodically thereafter with a view to increasing cost savings and making other appropriate recommendations.

« PreviousContinue »