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by him, investigate, regulate, or prohibit, in whole or in part, economic relations or rail, sea, air, postal, telegraphic, radio, and other means of communication between any foreign country or any national thereof or any person therein and the United States or any person subject to the jurisdiction thereof, or involving any property subject to the jurisdiction of the United States.
(b) Any person who willfully violates or evades or attempts to violate or evade any order, rule, or regulation issued by the President pursuant to paragraph (a) of this section shall, upon conviction, be fined not more than $10,000 or, if a natural person, be imprisoned for not more than ten years, or both; and the officer, director, or agent of any corporation who knowingly participates in such violation or evasion shall be punished by a like fine, imprisonment, or both, and any property, funds, securities, papers, or other articles or documents, or any vessel, together with her tackle, apparel, furniture, and equipment, or vehicle, concerned in such violation shall be forfeited to the United States.
SEC. 6. The President is authorized to negotiate a special agreement or agreements with the Security Council which shall be subject to the approval of the Congress by appropriate Act or joint resolution, providing for the numbers and types of armed forces, their degree of readiness and general location, and the nature of facilities 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 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. The Secretary of State may acquire by purchase, gift, devise, construction, exchange, lease or rental (for periods not exceeding ten years), an official residence for the use of the representative of the United States to the United Nations, and may provide and pay for maintaining, operating, altering, repairing, and equipping such a residence, including the cost of installation and use of telephones in the same manner as telephone service is provided for the use of the Foreign Service pursuant to the Act of August 23, 1912, as amended (31 U. S. O. 679), and may make an allotment of funds, similar to the allotment authorized by Section 902 of the Foreign Service Act of 1946, for unusual expenses incident to the operation and maintenance of such residence, to be accounted for in accordance with Section 903 of said Act: Provided, That the foregoing shall be without regard to Section 322 of the Act of June 30, 1932, as amended (40 U. S. C. 278a): Provided further, That the Secretary of State may accept on behalf of the United States, gifts made by will or otherwise for the benefit of the United States which would further the purposes of this section under the same terms and conditions as he may accept, pursuant to Section 1021 of the Foreign Service Act of 1946 (60 Stat. 999), gifts made for the benefit of the Foreign Service.
SEC. 8.” 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 (classification laws] the Classification Act of 1923, as amended; travel expenses without regard to the Standardized Government Travel Regulations, as amended, and without regard to the rates of per diem allowances in lieu of subsistence expenses under the Subsistence Expense Act of 1926, as amended and section 10 of the Act of March 3, 1933, as amended, and 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;
1 This is a new section. The original section 7 will be re-designated section 8 and amended as indicated.
2 Formerly designated section 7.
allowances for living quarters, including heat, fuel, and light, as authorized by the Act approved June 26, 1930 (5 U. S. C. 118a); cost of living allowances for personnel stationed abroad under such rules and regulations as the Secretary of State may prescribe; communication services; stenographic reporting, translating, and other services, by contract; [if deemed necessary, without regard to section 3709 of the Revised Statutes (41_U. S. C. 5);] hire of passenger motor vehicles and other local transportation ; [equipment; transportation of things ;] rent of offices; printing and binding; without regard to Section 11 of the Act of March 1, 1919 (44 U. S. C. 111); official entertainment, and representation ; [stationery; purchase of newspapers, periodicals, books and documents;] expenses as authorized in section r hereof; and such other expenses as may be authorized by the Secretary of State; all without regard to Section 3709 of the Revised Statutes, as amended, (41 U. S. C. 5)."
PROPOSED AMENDMENTS TO THE UNITED NATIONS PARTICIPATION ACT
The nature and volume of work of the United States Mission to the United Nations make it necessary to secure amendments to sections 2 and 7 of the United Nations Participation Act. The primary purpose of amendments proposed at this time is to provide greater flexibility in our representation in the Security Council and to provide assistance to our principal Representative to the United Nations. The principal proposed amendments provide
1. For the creation of a new position, namely, that of Deputy United States Representative to the United Nations and that the Representative and Deputy Representative to the United Nations shall be our number one and two Representatives in the Security Council, and provide further that these two representatives may serve ex officio as United States Representative on any organ, commission, or other body of the United Nations.
2. That the salary of the Representative and Deputy Representative to the United Nations shall correspond to the rates paid to the chiefs of missions, class I and II, respectively, as provided in the Foreign Service Act.
3. For the appointment by the President, by and with the advice and consent of the Senate, of an additional Deputy Representative in the Security Council, and authorize the President to designate any departmental officer of the Department of State, whose appointment is subject to confirmation by the Senate, to serve for temporary periods in the Security Council in the absence or disability of the Representative and Deputy Representatives, or in lieu of such Representatives in connection with a specified subject matter.
4. For removal from the act of the requirement for confirmation by the Senate of Presidential appointments to the many commissions of the United Nations, except the Atomic Energy Commission.
5. The addition of a new section to enable the mission to acquire by purchase, rent, or gift, a residence for the United States representative.
6. Amendments to section 7 to clarify the existing language and to bring it into accord with related legislation governing the use of the appropriations. The detailed analysis of the specific amendments follows. Section 2 (a)
The amendments provide for the establishment of a new position, namely, that of Deputy Representative of the United States to the United Nations, to be appointed by the President, by and with the advice and consent of the Senate. It is also provided that the Representative and Deputy Representative of the United States to the United Nations shall have the rank and status of ambassador extraordinary and plenipotentiary and shall receive compensation at the same rates as are paid to chiefs of missions, class I and class II, respectively, under the Foreign Service Act. The Representative and Deputy Representative are designated as the principal representatives in the Security Council of the United Nations and are authorized to serve ex officio as United States representative on any organ, commission, or body of the United Nations. This section changes the title of the United States Representative at the seat of the United Nations to Representative of the United States to the United Nations. This minor change in title brings the title into accord with the title used on the appointment and confirmation of Ambassador Austin to his present position. Section 2 (6)
The section is amended to authorize the appointment of an additional Deputy Representative of the United States in the Security Council and to provide that he shall serve in the Security Council in the event of the absence or disability of the Representative and Deputy Representative of the United States to the United Nations. The amendment eliminates the provision for rank of envoy extraordinary and minister plenipotentiary for this position. The effect of this amendment is to provide a third member of the United States Mission authorized to serve on the Security Council. This Deputy Representative, however, would not be authorized to serve on any other organ of the United Nations. Section 2 (d)
The amendments to this section change the authorization of the President to designate an officer of the United States to serve, without the advice and consent of the Senate, in the Economic and Social Council and the Trusteeship Council to cover any specified session of either Council rather than any specified meeting as currently provided in the act. The amendments also permit the designation by the President, without the advice and consent of the Senate, of any officer of the United States to act in either of these Councils for a specified session thereof in the event that the position is vacant as well as in the absence or disability of the regular representative.
An additional amendment to this section would authorize the President to designate any departmental officer of the Department of State, whose appointment is subject to confirmation by the Senate, to serve 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 Representative and Deputy Representative or in lieu of such Representatives in connection with a specified subject matter.
It is proposed to amend the section also to make it unnecessary to secure Senate confirmation of Presidential appointments to the Commissions of the United Nations to which the United States is entitled to appoint a representative, except for such commissions as may be formed by the United Nations with respect to atomic energy. This amendment would make it unnecessary to secure Senate confirmation of Pesidential appointments to the many commissions of the Economic and Social Council or to subcommissions of any other organ of the United Nations. Section 7 (a new section replacing former sec. 7)
Section 7 authorizes the Secretary of State to acquire by purchase, gift, devise, construction, exchange, lease or rental, an official residence for the use of the Representative of the United States to the United Nations and the use of the appropriation for participation in the United Nations for payment of maintenance and operating costs of the residence. This amendment is drafted to make provisions for a residence for the Representative, similar to provisions of this nature in the Foreign Service Act of 1946. Section 8 (replaces and amends former section 7)
Most of the amendments of this section are designed to clarify provisions of the existing law and to bring it more nearly into accord with related legislation. The amendments to this section specifically exempt the United States mission from the provisions of the civil-service laws and the Classification Act of 1923, as amended. The amendments also exempt the mission from the provisions of the Subsistence Expense Act of 1926 with regard to the rates of per diem allowances in lieu of subsistence expenses. It is 'proposed to amend the provision regarding payment of cost of living allowances to limit such payment to personnel stationed abroad but to broaden the allowances for official entertainment to include representation also. This provision will permit payment of allowances for living quarters and cost of living allowances to any representatives who may be appointed to regional commissions of the United Nations where the head. quarters are located outside of the United States, such as the Economic Commission for Europe. It also brings the provision for payment of entertainment and representation allowances in line with provisions of the Foreign Service Act. It is proposed also to amend this section to exempt the use of the appropriation for printing and binding from provisions of section 11 of the act of March 1, 1919 (44 U. S. C. 111) (note statute requiring printing by the Government Printing Office) and to exempt the use of the appropiration for expenses as authorized in section 7 and other expenses authorized by the Secretary of State from this appropriation from provisions of section 3709 of the Revised Statutes, as amended (41 U. S. C. 5) (note statute requiring advertising for bids).
DEPARTMENT OF STATE,
Washington, January 19, 1948. Hon. JOSEPH W. MARTIN, Jr.,
Speaker of the House of Representatives. Mr. DEAR MR. SPEAKER: There is transmitted herewith a draft of a proposed bill authorizing the furnishing of services and the temporary detail of United States employees to public international organizations entitled to enjoy, in whole or in part, the privileges, exemptions, and immunities authorized by and in accordance with the International Organization Immunities Act (59 Stat. 669), on a reimbursable basis.
The purpose of this bill is to authorize agencies of the United States Government to detail personnel or supply services required by public international organizations, under the direction and general supervision of the Secretary of State. For reasons of economy, it is desirable that international organizations should follow a policy of providing in their secretariats only a minimum staff and of relying on member governments for service and personnel which it is not feasible for the organizations to provide for themselves. If the organizations are able to draw upon governments for assistance of this kind for short periods, their complement of full-time permanent staff can be kept smaller in size than would otherwise be possible.
The United States Government, as participant in these organizations, has received numerous requests for detail of personnel to assist the international organizations. Under the existing statutes, it is impossible to comply with most of these requests. This bill permits the Secretary of State to comply with these requests, provided the Government agency and United States employee involved consent.
Both the international organizations and the United States Government will benefit from the proposed statute. The international organization will be enabled to maintain a smaller staff than otherwise would be necessary if it is allowed to draw on its member governments for additional staff to meet difficult technical problems or peak work loads. The United States Government will benefit in two ways. In the first place, reducing the budget of the international organization will correspondingly reduce the United States financial contribution. Since it is to be expected that many other nations will similarly loan personnel to the international organizations, the effect on the budget may be quite substantial. In the second place, the employees of the United States Government who are so loaned will have a unique opportunity to broaden their training and background on the technical, professional questions which are the concern of the particular international organization. Their usefulness to the United States will accordingly be increased by the experience gained through service with the international organization.
The bill provides for reimbursement by the international organization concerned of the costs and expenses involved in the furnishing of services and in the detail of personnel. Thus, the bill, if enacted into law, will enable the United States Government, in international comity, to assist, at no cost or expense to itself, public international organizations in which it participates and in whose success this Government and the American public share a continual concern.
A similar letter is being dispatched to the President pro tempore of the United States Senate.
The Department has been informed by the Bureau of the Budget that there is no objection to the submission of this proposal. Faithfully yours,
ROBERT A. LOVETT,
[Draft] A BILL To authorize the furnishing of services and the temporary detail of United States
employees to public international organizations 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 "International Organizations Services and Detail Act of 1948”.
SEC. 2. When used in this Act-
(2) the term "international organization" means any public international organization entitled to enjoy, in whole or in part, the privileges, exemptions, and immunities authorized by and in accordance with the International Organizations Immunities Act (59 Stat. 669); and
(3) the term "Government agency” means any department, independent establishment, or other agency of the Government of the United States, or any corporation wholly owned by the Government of the United States.
SEC. 3. The Secretary is authorized, upon application of an international organization and its agreement to pay the costs and expenses thereof either by advancement of funds or reimbursement, to: (1) provide scientific, technical, professional, or administrative services, through such Government agency as the Secretary may designate, with the approval of that agency, or (2) detail, or authorize the detail, for not exceeding one year at a time, to the international organization of any person, except members of the armed forces, in the employ or service of the Government of the United States with the approval of the Government agency in which such person is employed or serving and with the consent of such person: Provided, That while so detailed, such person shall be considered, for the purpose of preserving his rights and privileges as such, an officer or employee of the Government of the United States and of the Government agency from which detailed, and shall continue to receive therefrom his regular compensation : Provided further, That when reimbursement is made, it shall be credited to the appropriation, fund, or account utilized in incurring the obligation: Provided further, That any officer or employee detailed under the authority of this Act is hereby authorized to accept directly from the funds of the international organization payment for additional compensation, allowances, and travel expenses at rates fixed by such international organization.
SEC. 4. 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.
DEPARTMENT OF STATE,
Washington, February 13, 1948. Hon. CHARLES A. EATON,
House of Representatives. DEAR MR. EATON: One of the important matters which the Congress will have before it at its current session is the approval of a loan to the United Nations to finance the construction of its permanent headquarters in New York City. I understand that this matter has already been discussed informally with you.
During the course of the second regular session of the General Assembly in New York last fall, it became clear that, as a result of the critical dollar shortage confronting most of the members of the United Nations, the only satisfactory way of pr for the prompt construction of a permanent home for the Organization would be a loan by the United States. In view of these facts, and taking into consideration the economic and financial advantages that would accrue to the United States from this project, the President authorized Ambassador Austin, in reply to an inquiry from the Secretary General regarding the possibility of a United States Government loan, to state that the President would be willing to request the Congress to approve an interest-free loan of $65,000,000 for this purpose. The General Assembly accepted this offer subject to the express understanding that the loan would require approval of the Congress.
A memorandum is enclosed which gives the background leading up to the loan proposal and the Assembly resolution. This memorandum explains why other methods of financing are not feasible and why the approval of this transaction by the Congress will result in definite benefits to the United States, both in actual economic and financial returns and in leadership and prestige within the United Nations.
The prompt construction of a permanent headquarters for the United Nations is essential not only for the efficient operation of the Organization, but also as a demonstration of faith in and support for the United Nations.
Negotations with United Nations officials conducted by officers of the Department of State and the Treasury, in consultation with the Bureau of the Budget, have resulted in a draft loan agreement specifying the terms of the proposed loan. A copy of this draft is enclosed. If you have any comments or questions about it,