22 U.S.C. § 287r — Authorization of appropriations; payment

Page 236 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287r 1 See Termination of Reporting Requirements note below. in the constitution of the Organization. Any money so received shall be held by the Secretary of State and shall be subject to disbursement through the disbursement facilities of the Treas- ury Department as the terms of the gift or be- quest may require and shall remain available for expenditure by grant or otherwise until ex- pended: Provided, That no such gift or bequest may be accepted or disbursed if the terms there- of are inconsistent with the purposes of the Na- tional Commission as set forth in this sub- chapter and in the constitution of the Organiza- tion. Gifts or bequests provided for herein shall, for the purposes of Federal income, estate, and gift taxes, be deemed to be a gift to or for the United States. The National Commission and Secretary of State shall submit to Congress an- nual reports of receipts and expenditures of funds and bequests received and disbursed pursu- ant to the provisions of this section.1 (July 30, 1946, ch. 700, § 5, 60 Stat. 713; Pub. L. 85–477, ch. V, § 502(e), June 30, 1958, 72 Stat. 273; Pub. L. 87–139, § 10, Aug. 14, 1961, 75 Stat. 341; Pub. L. 98–164, title I, § 106(a), Nov. 22, 1983, 97 Stat. 1018.) Editorial Notes REFERENCES IN TEXT The constitution of the Organization, referred to in text, is the Constitution of the United Nations Edu- cational, Scientific, and Cultural Organization, which is set out as a note under section 287m of this title. CODIFICATION ‘‘Section 5703 of title 5’’ substituted in text for ‘‘sec- tion 5 of the Administrative Expenses Act of 1946, as amended (5 U.S.C. 73b–2)’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. AMENDMENTS 1983—Pub. L. 98–164 struck out provision prohibiting acceptance of gifts or bequests aggregating more than $200,000 in any year. 1961—Pub. L. 87–139 substituted provisions author- izing payment of transportation and other expenses of attending experts as authorized by section 5703 of title 5, for provisions which allowed the experts $10 per diem plus actual transportation expenses. 1958—Pub. L. 85–477 authorized the National Commis- sion to receive and accept services and gifts or bequests of money or materials. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS Pub. L. 89–348, § 1(21), Nov. 8, 1965, 79 Stat. 1311, re- pealed the following reporting requirement: ‘‘The an- nual report to Congress by the National Commission on Educational, Scientific, and Cultural Cooperation and the Secretary of State of the receipts and expenditures of funds and bequests received and disbursed in connec- tion with the United Nations Educational, Scientific, and Cultural Organization (72 Stat. 273; 22 U.S.C. 287q).’’ § 287r. Authorization of appropriations; payment of expenses There is hereby authorized to be appropriated annually to the Department of State, out of any money in the Treasury not otherwise appro- priated such sums as may be necessary for the payment by the United States of its share of the expenses of the Organization as apportioned by the General Conference of the Organization in accordance with article IX of the constitution of the Organization, and such additional sums as may be necessary to pay the expenses of partici- pation by the United States in the activities of the Organization, including: (a) salaries of the representatives provided for in section 287n of this title, of their appropriate staffs, and of members of the secretariat of the National Com- mission provided for in section 287o of this title, including personal services in the District of Co- lumbia and elsewhere, without regard to the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5; (b) travel expenses without regard to the Standardized Government Travel Regulations, as amended, the Subsist- ence Expense Act of 1926, as amended, and sec- tion 5731 of title 5, and, under such rules and regulations as the Secretary of State may pre- scribe, travel expenses of families and transpor- tation of effects of United States representa- tives and other personnel in going to and return- ing from their post of duty; (c) allowances for living quarters, including heat, fuel, and light, as authorized by section 5912 of title 5; (d) cost of living allowances under such rules and regula- tions as the Secretary of State may prescribe, including allowances to persons temporarily sta- tioned abroad; (e) communication services; (f) stenographic reporting, translating, and other services, by contract, if deemed necessary, with- out regard to section 6101 of title 41; (g) local transportation; (h) equipment; (i) transportation of things; (j) rent of offices; (k) printing and binding without regard to section 501 of title 44 and section 6101 of title 41; (l) official entertain- ment; (m) stationery; (n) purchase of news- papers, periodicals, books, and documents; and (o) such other expenses as may be authorized by the Secretary of State. (July 30, 1946, ch. 700, § 6, 60 Stat. 714; ch. 782, title II, § 202(2), title XI, § 1106(a), Oct. 28, 1949, 63 Stat. 954, 972.) Editorial Notes REFERENCES IN TEXT Article IX of the constitution of the Organization, re- ferred to in text, is article IX of the constitution of the United Nations Educational, Scientific, and Cultural Organization, which is set out as a note under section 287m of this title. The Subsistence Expenses Act of 1926, as amended, re- ferred to in clause (b), was repealed and superseded by the Travel Expense Act of 1949, which is now covered by subchapter I of chapter 57 of Title 5. Section 9(a) of the 1949 Act provided in part: ‘‘All Acts . . . applicable to civilian officers or employees of the departments and establishments, providing for reimbursement of actual travel or transportation expense, and all other Acts, general or special, which are in conflict with the provi- sions of this Act . . . are hereby modified, but only to the extent of inconsistency or conflict with the provi- sions of this Act . . .’’ CODIFICATION In cl. (a), ‘‘chapter 51 and subchapter III of chapter 53 of title 5’’ substituted for ‘‘the Classification Act of 1949’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, Page 237 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 288 80 Stat. 631, which Act enacted Title 5, Government Or- ganization and Employees. In cls. (b) and (c), ‘‘section 5731 of title 5’’ and ‘‘sec- tion 5912 of title 5’’ substituted for ‘‘section 10 of the Act of March 3, 1933 (U.S.C., title 5, sec. 73b)’’ and ‘‘the Act approved June 26, 1930 (U.S.C., title 5, sec. 118a)’’, respectively, on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, which Act enacted Title 5. In cl. (f), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In cl. (k), ‘‘section 501 of title 44’’ substituted for ‘‘section 11 of the Act of March 1, 1919 (44 U.S.C. 111)’’ on authority of Pub. L. 90–620, § 2(b), Oct. 22, 1968, which Act enacted Title 44, Public Printing and Documents. In cl. (k), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 1949—Act Oct. 28, 1949, substituted ‘‘Classification Act of 1949’’ for ‘‘Classification Act of 1923’’. Statutory Notes and Related Subsidiaries REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this sec- tion, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655. ANNUAL APPROPRIATIONS Annual appropriations to meet the obligations of membership in various international organizations were contained in acts listed in a note set out under section 269a of this title. RESTRICTION ON CONTRIBUTIONS BECAUSE OF JOURNALISTIC INTERFERENCE; REPORT TO CONGRESS Pub. L. 97–241, title I, § 109, Aug. 24, 1982, 96 Stat. 276, provided that: ‘‘(a) None of the funds authorized to be appropriated by paragraph (2) of section 102 of this Act [section 102(2) of Pub. L. 97–241, which was not classified to the Code] or by any other Act for ‘International Organizations and Conferences’ may be used for payment by the United States of its contribution toward the assessed budget of the United Nations Educational, Scientific and Cultural Organization if that organization imple- ments any policy or procedure the effect of which is to license journalists or their publications, to censor or otherwise restrict the free flow of information within or among countries, or to impose mandatory codes of journalistic practice or ethics. ‘‘(b) Not later then February 1 of each year, the Sec- retary of State shall report to the Congress with re- spect to whether the United Nations Educational, Sci- entific and Cultural Organization has taken any action described in subsection (a) of this section.’’ [For termination, effective May 15, 2000, of reporting provisions in section 109(b) of Pub. L. 97–241, set out above, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 130 of House Document No. 103–7.] § 287s. Amendments to constitution of Organiza- tion involving new obligations Unless Congress by law authorizes such action, neither the President nor any person or agency shall on behalf of the United States approve any amendment under article XIII of the constitu- tion of the Organization involving any new obli- gation for the United States. (July 30, 1946, ch. 700, § 7, 60 Stat. 714.) Editorial Notes REFERENCES IN TEXT Article XIII of the constitution of the Organization, referred to in text, is article XIII of the constitution of the United Nations Educational, Scientific, and Cul- tural Organization, which is set out as a note under section 287m of this title. § 287t. Prohibition against disclosure of informa- tion or knowledge In adopting this subchapter, it is the under- standing of the Congress that the constitution of the Organization does not require, nor does this subchapter authorize, the disclosure of any information or knowledge in any case in which such disclosure is prohibited by any law of the United States. (July 30, 1946, ch. 700, § 8, 60 Stat. 714.) Editorial Notes REFERENCES IN TEXT The constitution of the Organization, referred to in text, is the constitution of the United Nations Edu- cational, Scientific, and Cultural Organization, which is set out as a note under section 287m of this title. SUBCHAPTER XVIII—PRIVILEGES AND IM- MUNITIES OF INTERNATIONAL ORGANI- ZATIONS § 288. ‘‘International organization’’ defined; au- thority of President For the purposes of this subchapter, the term ‘‘international organization’’ means a public international organization in which the United States participates pursuant to any treaty or under the authority of any Act of Congress au- thorizing such participation or making an ap- propriation for such participation, and which shall have been designated by the President through appropriate Executive order as being entitled to enjoy the privileges, exemptions, and immunities provided in this subchapter. The President shall be authorized, in the light of the functions performed by any such international organization, by appropriate Executive order to withhold or withdraw from any such organiza- tion or its officers or employees any of the privi- leges, exemptions, and immunities provided for in this subchapter (including the amendments made by this subchapter) or to condition or limit the enjoyment by any such organization or its officers or employees of any such privilege, exemption, or immunity. The President shall be authorized, if in his judgment such action should be justified by reason of the abuse by an international organization or its officers and employees of the privileges, exemptions, and im- munities provided in this subchapter or for any other reason, at any time to revoke the designa- tion of any international organization under this section, whereupon the international orga- nization in question shall cease to be classed as an international organization for the purposes of this subchapter. (Dec. 29, 1945, ch. 652, title I, § 1, 59 Stat. 669.)