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

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

Page 223 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287e tent that he finds that it is consistent with the na- tional interest to comply with such request, is author- ized, 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 Na- tions Charter, to request the Secretary of Defense to detail personnel of the armed forces to the United Na- tions, and to furnish facilities, services, or other assist- ance and to loan supplies and equipment to the United Nations in an agreed fair share of the United States under such terms and conditions as the Secretary of State and the Secretary of Defense shall jointly deter- mine and in accordance with and subject to the provi- sions of paragraphs (1), (2), and (3) of section 7(a) of the Act [subsection (a)(1), (2) and (3) of this section], and the Secretary of Defense is authorized to comply with the request of the Secretary of State, giving due regard to the requirements of the national defense. 2. The Secretary of State, in accordance with and subject to the provisions of section 7(b) of the Act [sub- section (b) of this section], shall require reimbursement from the United Nations for the expense thereby in- curred by the United States whenever personnel or as- sistance is made available to the United Nations, ex- cept that in exceptional circumstances, or when the Secretary of State finds it to be in the national inter- est, he may, after consultation with the Secretary of Defense, waive, in whole or in part, the requirement of such reimbursement. 3. The Secretary of Defense, in accordance with and subject to the provisions of section 7(a)(1) of the Act [

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Page 223 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287e tent that he finds that it is consistent with the na- tional interest to comply with such request, is author- ized, 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 Na- tions Charter, to request the Secretary of Defense to detail personnel of the armed forces to the United Na- tions, and to furnish facilities, services, or other assist- ance and to loan supplies and equipment to the United Nations in an agreed fair share of the United States under such terms and conditions as the Secretary of State and the Secretary of Defense shall jointly deter- mine and in accordance with and subject to the provi- sions of paragraphs (1), (2), and (3) of section 7(a) of the Act [subsection (a)(1), (2) and (3) of this section], and the Secretary of Defense is authorized to comply with the request of the Secretary of State, giving due regard to the requirements of the national defense. 2. The Secretary of State, in accordance with and subject to the provisions of section 7(b) of the Act [sub- section (b) of this section], shall require reimbursement from the United Nations for the expense thereby in- curred by the United States whenever personnel or as- sistance is made available to the United Nations, ex- cept that in exceptional circumstances, or when the Secretary of State finds it to be in the national inter- est, he may, after consultation with the Secretary of Defense, waive, in whole or in part, the requirement of such reimbursement. 3. The Secretary of Defense, in accordance with and subject to the provisions of section 7(a)(1) of the Act [subsection (a)(1) of this section], may authorize per- sonnel of the armed forces detailed to the United Na- tions to accept directly from the United Nations (a) any or all of the allowances or perquisites to which they are entitled under the first proviso of section 7(a)(1) of the Act [subsection (a)(1) of this section], and (b) extraordinary expenses and perquisites incident to such detail. HARRY S TRUMAN. § 287e. 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 United Nations as apportioned by the General Assembly in accordance with ar- ticle 17 of the Charter, and for all necessary sal- aries and expenses of the representatives pro- vided for in section 287 of this title, and of their appropriate staffs, including personal services in the District of Columbia and elsewhere, without regard to the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5; travel expenses without regard to the Standardized Government Travel Regulations, as amended, subchapter I of chapter 57 and section 5731 of title 5 and, under such rules and regulations as the Secretary of State may prescribe, travel ex- penses of families and transportation of effects of United States representatives and other per- sonnel in going to and returning from their post of duty; allowances for living quarters, includ- ing heat, fuel, and light, as authorized by sec- tion 5912 of title 5; cost-of-living allowances for personnel stationed abroad under such rules and regulations as the Secretary of State may pre- scribe; communications services; stenographic reporting, translating, and other services, by contract; hire of passenger motor vehicles and other local transportation; rent of offices; print- ing and binding without regard to section 501 of title 44; allowances and expenses as provided in section 287r of this title, and allowances and ex- penses equivalent to those provided in section 4085 of this title; the lease or rental (for periods not exceeding ten years) of living quarters for the use of the representatives provided for in section 287 of this title serving abroad and of their appropriate staffs the cost of installation and use of telephones in the same manner as telephone service is provided for use of the For- eign Service pursuant to section 1348 of title 31, and unusual expenses similar to those author- ized by section 5913 of title 5, incident to the op- eration and maintenance of such living quarters abroad; and such other expenses as may be au- thorized by the Secretary of State; all without regard to section 6101 of title 41. (Dec. 20, 1945, ch. 583, § 8, formerly § 7, 59 Stat. 621, renumbered and amended Oct. 10, 1949, ch. 660, § 6, 63 Stat. 736; Oct. 28, 1949, ch. 782, title II, § 202(2), title XI, § 1106(a), 63 Stat. 954, 972; Pub. L. 86–707, title III, § 311(b), Sept. 6, 1960, 74 Stat. 797; Pub. L. 96–465, title II, § 2206(a)(2)(B), Oct. 17, 1980, 94 Stat. 2161; Pub. L. 97–241, title I, § 119, Aug. 24, 1982, 96 Stat. 280; Pub. L. 100–459, title III, § 304(a), Oct. 1, 1988, 102 Stat. 2207.) Editorial Notes REFERENCES IN TEXT Article 17 of the Charter, referred to in text, is article 17 of the United Nations Charter. CODIFICATION In text, ‘‘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, 80 Stat. 631, which Act enacted Title 5, Government Or- ganization and Employees. In text, ‘‘subchapter I of chapter 57 and section 5731 of title 5’’ substituted for ‘‘the Travel Expense Act of 1949, and section 10 of the Act of March 3, 1933, as amended [5 U.S.C. 73b]’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, which Act enacted Title 5. In text, ‘‘section 5912 of title 5’’ and ‘‘section 5913 of title 5’’ substituted for ‘‘the Act approved June 26, 1930 (5 U.S.C. 118a)’’ and ‘‘section 22 of the Administrative Expenses Act of 1946, as amended by section 311 of the Overseas Differentials and Allowances Act [5 U.S.C. 3039]’’, respectively, on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, which Act enacted Title 5. In text, ‘‘section 501 of title 44’’ substituted for ‘‘sec- tion 11 of the Act of March 1, 1919 (44 U.S.C. 111)’’ on au- thority of Pub. L. 90–620, § 2(b), Oct. 22, 1968, 82 Stat. 1305, which Act enacted Title 44, Public Printing and Documents. In text, ‘‘section 1348 of title 31’’ substituted for ‘‘the Act of August 23, 1912, as amended (31 U.S.C. 679)’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, which Act enacted Title 31, Money and Finance. In text, ‘‘section 6101 of title 41’’ substituted for ‘‘sec- tion 3709 of the Revised Statutes, as amended (41 U.S.C. 5)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Con- tracts. AMENDMENTS 1988—Pub. L. 100–459 inserted ‘‘serving abroad’’ after ‘‘use of the representatives provided for in section 287 of this title’’, inserted ‘‘abroad’’ after ‘‘such living quarters’’ and struck out at end ‘‘Any payments made by United States Government personnel for occupancy Page 224 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287e 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.’’ 1982—Pub. L. 97–241 substituted ‘‘use of the represent- atives provided for in section 287 of this title and of their appropriate staffs’’ for ‘‘use of the representative of the United States to the United Nations referred to in subsection (a) of section 287 of this title’’ and in- serted provision that payments made by United States Government personnel for occupancy of living quarters leased or rented be credited to the appropriation, fund, or account utilized for such lease or rental or to the ap- propriation, fund, or account currently available for such purpose. 1980—Pub. L. 96–465 substituted reference to section 4085 of this title for reference to section 1131 of this title. 1960—Pub. L. 86–707 substituted ‘‘and unusual ex- penses similar to those authorized by section 5913 of title 5, incident to the operation and maintenance of such living quarters’’ for ‘‘and the allotment of funds, similar to the allotment authorized by section 1132 of this title, for unusual expenses incident to the oper- ation and maintenance of such living quarters, to be accounted for in accordance with section 1133 of this title.’’ 1949—Act Oct. 28, 1949, substituted ‘‘Classification Act of 1949’’ for ‘‘Classification Act of 1923’’. Act Oct. 10, 1949, which renumbered section as section 8 of act Dec. 20, 1945, from section 7, authorized lease or rental, for periods not to exceed 10 years, of a residence for our representative to the United Nations, and clari- fied references to the civil service and classification laws, subsistence allowances, and travel expense. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–459 effective July 1, 1989, see section 304(c)(1) of Pub. L. 100–459, set out as an Ef- fective Date of 1988 Amendment; Transition Provisions note under section 287e–1 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title. 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. TAXATION OF INTERNET OR INTERNATIONAL CURRENCY TRANSACTIONS Pub. L. 107–77, title IV, § 404, Nov. 28, 2001, 115 Stat. 789, provided that: ‘‘Hereafter, none of the funds appro- priated or otherwise made available for the United Na- tions may be used by the United Nations for the pro- mulgation or enforcement of any treaty, resolution, or regulation authorizing the United Nations, or any of its specialized agencies or affiliated organizations, to tax any aspect of the Internet or international currency transactions.’’ Similar provisions were contained in the following appropriation acts: Pub. L. 106–553, § 1(a)(2) [title IV, § 405], Dec. 21, 2000, 114 Stat. 2762, 2762A–96. Pub. L. 106–113, div. B, § 1000(a)(1) [title IV, § 406], Nov. 29, 1999, 113 Stat. 1535, 1501A–45. REFUND OF EXCESS CONTRIBUTIONS Pub. L. 107–228, div. A, title I, § 113(e), Sept. 30, 2002, 116 Stat. 1359, provided that: ‘‘The United States shall continue to insist that the United Nations and its spe- cialized and affiliated agencies shall credit or refund to each member of the organization or agency concerned its proportionate share of the amount by which the total contributions to the organization or agency ex- ceed the expenditures of the regular assessed budget of the organization or agency.’’ Similar provisions were contained in the following prior authorization act: Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title I, § 106(g)], Nov. 29, 1999, 113 Stat. 1536, 1501A–416. REDUCTION IN APPROPRIATIONS FOR CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS IF OFFICIAL STATUS, ACCREDITATION, OR RECOGNITION IS GRANTED TO OR- GANIZATION SEEKING LEGALIZATION OF PEDOPHILIA Pub. L. 103–236, title I, § 102(g), Apr. 30, 1994, 108 Stat. 389, as amended by Pub. L. 103–415, § 1(o), Oct. 25, 1994, 108 Stat. 4301, which provided that funds authorized to be appropriated for the United Nations and its affili- ated agencies were to be reduced in a certain amount for fiscal year 1995 and each year thereafter until the President certified to the Speaker of the House of Rep- resentatives and the President of the Senate that no United Nations agency or United Nations affiliated agency granted any official status, accreditation, or recognition to any organization seeking the legaliza- tion of pedophilia, was repealed by Pub. L. 117–263, div. I, title XCVII, § 9716(d), Dec. 23, 2022, 136 Stat. 3921. MEMBERSHIP OF PALESTINE LIBERATION ORGANIZATION IN UNITED NATIONS AGENCIES Pub. L. 101–246, title IV, § 414, Feb. 16, 1990, 104 Stat. 70, provided that: ‘‘(a) PROHIBITION.—No funds authorized to be appro- priated by this Act or any other Act shall be available for the United Nations or any specialized agency there- of which accords the Palestine Liberation Organization the same standing as member states. ‘‘(b) TRANSFER OR REPROGRAMMING.—Funds subject to the prohibition contained in subsection (a) which would be available for the United Nations or any specialized agency thereof (but for that prohibition) are authorized to remain available until expended and may be repro- grammed or transferred to any other account of the De- partment of State or the Agency for International De- velopment to carry out the general purposes for which such funds were authorized.’’ PROBABLE EXEMPTIONS TO UNITED NATIONS EMPLOYEE HIRING FREEZE Pub. L. 100–204, title VII, § 701, Dec. 22, 1987, 101 Stat. 1383, as amended by Pub. L. 102–138, title I, § 163, Oct. 28, 1991, 105 Stat. 676, provided that: ‘‘(a) FINDINGS.—The Congress makes the following findings: ‘‘(1) In April 1986, the Secretary-General of the United Nations adopted a freeze on the hiring of per- sonnel within the United Nations Secretariat. ‘‘(2) The conditions of the freeze were such that, as the terms of office for the personnel expired, replace- ments would not be recruited or hired to fill the va- cant positions, with minor exceptions. ‘‘(3) The freeze was designed to reduce United Na- tions personnel by 15 percent over three years, as rec- ommended by the Group of High-Level Intergovern- mental Experts to Review the Efficiency of the Ad- ministrative and Financial Functioning of the United Nations (commonly referred to as the ‘Group of 18 Ex- perts’). ‘‘(4) On May 5, 1987, the Secretary-General reported to the Department of State that he was considering granting 156 exceptions to the hiring freeze. ‘‘(5) Of these 156 probable exceptions, 104 would be Soviet and Soviet-bloc nationals currently employed in the United Nations Secretariat—of 298 Soviet and Page 225 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287e Soviet-bloc nationals currently employed in the United Nations Secretariat—who would be replaced over the next 18 months. ‘‘(6) According to a report from the Select Com- mittee on Intelligence of the Senate on ‘Soviet Pres- ence in the United Nations Secretariat’ (Senate Print 99–52, May 1985), approximately one-fourth of the So- viets in the United Nations Secretariat are intel- ligence officers, many more are co-opted by the So- viet intelligence agencies, and all Soviets in the United Nations Secretariat must respond to KGB re- quests for assistance. ‘‘(7) Other United States intelligence authorities es- timate that as many as one-half of the Soviet and So- viet-bloc nationals in the United Nations Secretariat are officers of the KGB or the GRU. ‘‘(8) If the Secretary-General’s probable exemptions are adopted, the Soviet Union will be allowed to re- place retiring Soviet and Soviet-bloc personnel with new, highly skilled and well-trained intelligence offi- cers of the KGB or the GRU. ‘‘(9) The Secretary-General’s proposed exceptions would thus provide the Soviet Union with the capa- bility to rebuild its intelligence apparatus within the United States, which was devastated in recent years when the United States ordered severe reductions in the size of the Soviet mission to the United Nations, the Soviet Embassy in Washington, District of Co- lumbia, and the Soviet Consulate in San Francisco, California. ‘‘(10) Article 100 of the United Nations Charter calls for the establishment of an international civil service whose members are neutral and loyal only to the United Nations. ‘‘(11) Section 3 of Article 101 of the United Nations Charter calls for the appointment of individuals who are professionally qualified for the positions they are to fill and maintains that due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible. ‘‘(12) As of September 1985, 442 of 446 Soviet nation- als employed throughout the United Nations system are ‘seconded’, that is, serve on short, fixed-term con- tracts. ‘‘(13) Through the abuse of short, fixed-term con- tracts, the Soviet Union has maintained undue influ- ence and control over major offices of the United Na- tions Secretariat, thereby effectively using the United Nations Secretariat in the conduct of its for- eign relations, in clear violation of Articles 100 and 101 of the United Nations Charter. ‘‘(14) The Secretary-General’s proposed exceptions to the hiring freeze (as described in paragraphs (1) through (5)) would continue the gross violations of Articles 100 and 101 of the United Nations Charter de- scribed in paragraph (13). ‘‘(15) The Secretary-General’s proposed exceptions to such hiring freeze would be clearly inconsistent with the terms of the United Nation’s self-imposed reform program. ‘‘(16) The United Nations has not yet achieved its reform goals and there is no indication that the United Nations can afford to make such large excep- tions to such hiring freeze. ‘‘(b) SENSE OF THE CONGRESS.—It is the sense of the Congress that— ‘‘(1) the President should take all such actions nec- essary to ensure compliance with the hiring freeze rule, including withholding all assessed United States contributions to the United Nations, and denying United States entry visas to Soviet and Soviet-bloc applicants coming to the United States to replace So- viet and Soviet-bloc nationals currently serving in the United Nations Secretariat; ‘‘(2) the President, through the Department of State and the United States mission to the United Nations, should express to the Secretary-General of the United Nations the insistence of the American people that the hiring freeze continue indefinitely, or until the United Nations has complied with the Group of 18 recommendations and can thus afford to make exceptions to the freeze; ‘‘(3) the Secretary-General should revoke all excep- tions to the hiring freeze rule, excepting those mem- ber-nations which have 15 or fewer nationals serving in the United Nations Secretariat, or those positions not subject to geographical representation, such as those of the general service category; ‘‘(4) the long-term, flagrant violations of Articles 100 and 101 of the United Nations Charter and the abuse of secondment by the Soviet Union and Soviet- bloc member-nations are reprehensible; ‘‘(5) the United Nations should adopt the rec- ommendations of the Group of 18 (as referred to in subsection (a)(3)) that no member-nation be allowed to have more than 50 percent of its nationals em- ployed under fixed-term contracts; ‘‘(6) the Soviet Union is hereby condemned for— ‘‘(A) its refusal to adhere to the principles of the United Nations Charter calling for an international civil service, ‘‘(B) its abuse of secondment, and ‘‘(C) its absolute disregard of the solemn purpose of the United Nations to be an international civil service; and ‘‘(7) if the Soviet Union and the Soviet-bloc intend to remain member-nations of the United Nations, they should adhere to Articles 100, 101, and all other principles of the United Nations Charter to which every other member-nation must adhere. ‘‘(c) DEFINITION.—For the purposes of this section, the term ‘Soviet-bloc’ means the countries of Bulgaria, Cuba, Czechoslovakia, East Germany, Hungary, Nica- ragua, North Korea, Poland, and Romania.’’ HOUSING ALLOWANCES OF INTERNATIONAL CIVIL SERVANTS Pub. L. 100–204, title VII, § 703, Dec. 22, 1987, 101 Stat. 1389, provided that: ‘‘(a) UNITED STATES POLICY.—It is the policy of the United States to seek the implementation by the United Nations of the recommendation by the Inter- national Civil Service Commission to deduct from the pay (commonly referred to as a ‘rental deduction’) of an international civil servant the amount of any hous- ing allowance or payment which is provided by any member state to that international civil servant, in ac- cordance with Article 100 of the Charter of the United Nations and regulations thereunder. ‘‘(b) UNITED STATES AMBASSADOR TO THE UNITED NA- TIONS.—The United States Ambassador to the United Nations shall seek to promote the adoption of the rec- ommendation described in subsection (a).’’ REFORM IN BUDGET DECISION-MAKING PROCEDURES OF UNITED NATIONS AND ITS SPECIALIZED AGENCIES Pub. L. 103–236, title IV, § 409(a)–(d), Apr. 30, 1994, 108 Stat. 454, as amended by Pub. L. 107–228, div. A, title IV, § 405(b)(2), Sept. 30, 2002, 116 Stat. 1391, provided that: ‘‘(a) ASSESSED CONTRIBUTIONS.—For assessed con- tributions authorized to be appropriated for ‘Assessed Contributions to International Organizations’ by this Act [108 Stat. 382, 388], the President may withhold 20 percent of the funds appropriated for the United States assessed contribution to the United Nations or to any of its specialized agencies for any calendar year if the United Nations or any such agency has failed to imple- ment or to continue to implement consensus-based de- cisionmaking procedures on budgetary matters which assure that sufficient attention is paid to the views of the United States and other member states that are the major financial contributors to such assessed budgets. ‘‘(b) NOTICE TO CONGRESS.—The President shall notify the Congress when a decision is made to withhold any share of the United States assessed contribution to the United Nations or its specialized agencies pursuant to subsection (a) and shall notify the Congress when the decision is made to pay any previously withheld as- Page 226 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287e sessed contribution. A notification under this sub- section shall include appropriate consultation between the President (or the President’s representative) and the Committee on Foreign Affairs of the House of Rep- resentatives and the Committee on Foreign Relations of the Senate. ‘‘(c) CONTRIBUTIONS FOR PRIOR YEARS.—Subject to the availability of appropriations, payment of assessed con- tributions for prior years may be made to the United Nations or any of its specialized agencies notwith- standing subsection (a) if such payment would further United States interests in that organization. ‘‘[(d) Repealed. Pub. L. 107–228, div. A, title IV, § 405(b)(2), Sept. 30, 2002, 116 Stat. 1391.]’’ [Functions of President under section 409 of Pub. L. 103–236, set out above, delegated to Secretary of State by Memorandum of President of the United States, July 26, 1994, 59 F.R. 40205, set out as a note under sec- tion 2370a of this title.] Similar provisions were contained in the following prior authorization act: Pub. L. 102–138, title I, § 162(a)–(d), Oct. 28, 1991, 105 Stat. 675; repealed by Pub. L. 103–236, title I, § 139(21), title IV, § 409(e), Apr. 30, 1994, 108 Stat. 399, 454, as amended by Pub. L. 103–415, § 1(aa), Oct. 25, 1994, 108 Stat. 4302. Pub. L. 101–246, title IV, § 405, Feb. 16, 1990, 104 Stat. 65, provided that progress had been made in formula- tion and implementation of budget reforms by United Nations and its specialized agencies but that limitation on United States assessed contributions would continue until President made specific determinations on con- tinued implementation of decisionmaking procedures on budget matters, elimination of abuse of secondment in United Nations Secretariat, and reduction in staff of United Nations Secretariat, prior to repeal by Pub. L. 102–138, title I, § 162(e), Oct. 28, 1991, 105 Stat. 676. Pub. L. 99–93, title I, § 143, Aug. 16, 1985, 99 Stat. 424, as amended by Pub. L. 100–204, title VII, § 702(b), Dec. 22, 1987, 101 Stat. 1386, provided for limitation on assessed contributions of United States until reform in budget decisionmaking procedures of United Nations and its specialized agencies had been formulated and imple- mented as determined by President and reported to Congress, prior to repeal by Pub. L. 102–138, title I, § 162(e), Oct. 28, 1991, 105 Stat. 676. EMPLOYEES OF THE UNITED NATIONS Pub. L. 99–93, title I, § 151, Aug. 16, 1985, 99 Stat. 428, provided that: ‘‘(a) INITIAL REPORT.—Not later than 90 days after the date of enactment of this Act [Aug. 16, 1985], the Sec- retary of State shall report to the Congress on whether, and the extent to which, international civil servants employed by the United Nations, including those sec- onded to the United Nations, are required to return all or part of their salaries to their respective govern- ments. The Secretary shall also include in this report a description of the steps taken by the Department of State and by the United States Representative to the United Nations to correct this practice. ‘‘(b) REPORT ON STEPS TO CORRECT PRACTICE.—The Secretary of State shall determine and report to the Congress on whether substantial progress has been made by June 1, 1986, in correcting the practice of international civil servants employed by the United Nations being required to return all or part of their sal- aries to their respective governments. ‘‘(c) REDUCTION IN CONTRIBUTION IF SUBSTANTIAL PROGESS [sic] NOT MADE.—If the Secretary of State de- termines pursuant to subsection (b) that substantial progress has not been made in correcting this practice, the United States shall thereafter reduce the amount of its annual assessed contributions to the United Nations by the amount of that contribution which is the United States proportionate share of the salaries of those international civil servants employed by the United Nations who are returning any portion of their salaries to their respective governments. ‘‘(d) NATIONAL TAXATION.—This section does not apply with respect to payments made for purposes of national taxation in accordance with formal treaty res- ervations concerning such taxation by a member state of the United Nations.’’ RESTRICTIONS RELATING TO THE PALESTINE LIBERATION ORGANIZATION AND THE SOUTH WEST AFRICA PEO- PLE’S ORGANIZATION Pub. L. 98–164, title I, § 114, Nov. 22, 1983, 97 Stat. 1020, as amended by Pub. L. 99–93, title I, § 144, Aug. 16, 1985, 99 Stat. 424; Pub. L. 100–204, title VII, § 705, Dec. 22, 1987, 101 Stat. 1390, provided that: ‘‘(a) Funds appropriated for any fiscal year for the Department of State for ‘International Organizations and Conferences’ may not be used for payment by the United States, as its contribution toward the assessed budget of the United Nations for any year, of any amount which would cause the total amount paid by the United States as its assessed contribution for that year to exceed the amount assessed as the United States contribution for that year less— ‘‘(1) 25 per centum of the amount budgeted for that year for the Committee on the Exercise for the In- alienable Rights of the Palestinian People (or any similar successor entity); and ‘‘(2) 25 per centum of the amount budgeted for that year for the Special Unit on Palestinian Rights (or any similar successor entity); ‘‘(3) 25 percent of the amount budgeted for that year for the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Popu- lation of the Occupied Territories (or any similar suc- cessor entity); ‘‘(4) 25 per centum of the amount budgeted for that year for projects whose primary purpose is to provide benefits to the Palestine Liberation Organization or entities associated with it or to the South West Afri- ca People’s Organization; ‘‘(5) 25 percent of the amount budgeted for that year for the Second Decade to Combat Racism and Racial Discrimination; ‘‘(6) 25 percent of the amount budgeted for any other United Nations agency or conference whose sole or partial purpose is to implement the provisions of General Assembly Resolution 33/79; and ‘‘(7) 25 percent of the amount budgeted for the Gen- eral Assembly-approved $73,500,000 conference center to be constructed for the Economic Commission for Africa (ECA) in the Ethiopian capital of Addis Ababa. ‘‘(b) Funds appropriated for any fiscal year for the Department of State for ‘International Organizations and Conferences’ may not be used for payment by the United States, as its contribution toward the assessed budget of any specialized agency of the United Nations for any year, of any amount which would cause the total amount paid by the United States as its assessed contribution for that year to exceed the amount as- sessed as the United States contribution for that year less 25 per centum of the amount budgeted by such agency for that year for projects whose primary pur- pose is to provide benefits to the Palestine Liberation Organization or entities associated with it or to the South West Africa People’s Organization. ‘‘(c) The President shall annually review the budgets of the United Nations and its specialized agencies to de- termine which projects have the primary purpose of providing benefits to the Palestine Liberation Organi- zation or to the South West Africa People’s Organiza- tion. The President shall report to the Congress on any such project for which a portion of the United States assessed contribution is withheld and the amount with- held. ‘‘(d) Subsections (a)(3) and (b) shall not be construed as limiting United States contributions to the United Nations or its specialized agencies for projects whose primary purpose is to provide humanitarian, edu- Page 227 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287e–1 cational, developmental, and other nonpolitical bene- fits.’’ ANNUAL REVIEW FOR PROJECTS PROVIDING POLITICAL BENEFITS TO PALESTINE LIBERATION ORGANIZATION; REPORT TO CONGRESS ON WITHHOLDING OF ASSESSED CONTRIBUTION Pub. L. 97–241, title I, § 104(c), Aug. 24, 1982, 96 Stat. 274, provided that: ‘‘The President shall annually re- view the budgets of the United Nations and its special- ized agencies to determine which projects have the pri- mary purpose of providing political benefit to the Pal- estine Liberation Organization. The President shall re- port to the Congress on any such project for which a portion of the United States assessed contribution is withheld and the amount withheld.’’ [Functions of the President under section 104(c) of Pub. L. 97–241, set out as a note above, delegated to the Secretary of State, see Ex. Ord. No. 12374, July 28, 1982, 47 F.R. 32903, as amended by Ex. Ord. No. 12408, Feb. 23, 1983, 48 F.R. 8035.] LIMIT ON PAYMENTS TO UNITED NATIONS AND AFFILIATED AGENCIES Pub. L. 103–236, title IV, § 404(b)(1), (2), Apr. 30, 1994, 108 Stat. 447, as amended by Pub. L. 107–228, div. A, title IV, § 402(a), Sept. 30, 2002, 116 Stat. 1388; Pub. L. 110–161, div. J, title I, § 113, Dec. 26, 2007, 121 Stat. 2288; Pub. L. 111–8, div. H, title VII, § 7051, Mar. 11, 2009, 123 Stat. 893; Pub. L. 111–117, div. F, title VII, § 7051, Dec. 16, 2009, 123 Stat. 3378, provided that: ‘‘(1) FISCAL YEARS 1994 AND 1995.—Funds authorized to be appropriated for ‘Contributions for International Peacekeeping Activities’ for fiscal years 1994 and 1995 shall not be available for the payment of the United States assessed contribution for a United Nations peacekeeping operation in an amount which is greater than 30.4 percent of the total of all assessed contribu- tions for that operation, notwithstanding the last sen- tence of the paragraph headed ‘Contributions to Inter- national Organizations’ in Public Law 92–544, as amend- ed by section 203 of the Foreign Relations Authoriza- tion Act, Fiscal Year 1976 (22 U.S.C. 287e note). ‘‘(2) SUBSEQUENT FISCAL YEARS.— ‘‘(A) IN GENERAL.—Except as provided in subpara- graph (B), funds authorized to be appropriated for ‘Contributions for International Peacekeeping Ac- tivities’ for any fiscal year after fiscal year 1995 shall not be available for the payment of the United States assessed contribution for a United Nations peace- keeping operation in an amount which is greater than 25 percent of the total of all assessed contribu- tions for that operation. ‘‘(B) REDUCTION IN UNITED STATES SHARE OF AS- SESSED CONTRIBUTIONS.—Notwithstanding the per- centage limitation contained in subparagraph (A), the United States share of assessed contributions for each United Nations peacekeeping operation during the following periods is authorized to be as follows: ‘‘(i) For assessments made during calendar year 2001, 28.15 percent. ‘‘(ii) For assessments made during calendar year 2002, 27.90 percent. ‘‘(iii) For assessments made during calendar year 2003, 27.40 percent. ‘‘(iv) For assessments made during calendar year 2004, 27.40 percent. ‘‘(v) For assessments made during each of the cal- endar years 2005, 2006, 2007, 2008, and 2009, 27.1 per- cent. ‘‘(vi) For assessments made during calendar year 2010, 27.3 percent.’’ [Pub. L. 108–447, div. B, title IV, § 411, Dec. 8, 2004, 118 Stat. 2905, provided that during fiscal year 2005, section 404(b)(2)(B) of Pub. L. 103–236, set out above, would be administered as though the final clause read as follows: [‘‘(v) For assessments made during calendar year 2005, 27.1 percent.’’] Pub. L. 103–236, title IV, § 410, Apr. 30, 1994, 108 Stat. 454, provided that: ‘‘The United States shall not make any voluntary or assessed contribution— ‘‘(1) to any affiliated organization of the United Na- tions which grants full membership as a state to any organization or group that does not have the inter- nationally recognized attributes of statehood, or ‘‘(2) to the United Nations, if the United Nations grants full membership as a state in the United Na- tions to any organization or group that does not have the internationally recognized attributes of state- hood, during any period in which such membership is effec- tive.’’ Pub. L. 92–544, title I, § 101, Oct. 25, 1972, 86 Stat. 1110, as amended by Pub. L. 94–141, title II, § 203, Nov. 29, 1975, 89 Stat. 762; Pub. L. 103–236, title IV, § 404(b)(3), Apr. 30, 1994, 108 Stat. 447; Pub. L. 107–228, div. A, title IV, § 402(b), Sept. 30, 2002, 116 Stat. 1389, provided that: ‘‘Subject to section 404(b)(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 [Pub. L. 103–236] (22 U.S.C. 287e note), after December 31, 1973, no appropriation is authorized and no payment shall be made to the United Nations or any affiliated agency in excess of 25 per centum of the total annual assessment of such organization. Subject to section 404(b)(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e note), appropriations are au- thorized and contributions and payments may be made to the following organizations and activities notwith- standing that such contributions and payments are in excess of 25 per centum of the total annual assessment of the respective organization or 331⁄3 per centum of the budget for the respective activity: the International Atomic Energy Agency, the joint financing program of the International Civil Aviation Organization, and con- tributions for international peacekeeping activities conducted by or under the auspices of the United Na- tions or through multilateral agreements.’’ UNITED STATES ASSESSED CONTRIBUTION TO THE UNITED NATIONS Pub. L. 92–226, pt. IV, § 410, Feb. 7, 1972, 86 Stat. 36, provided that: ‘‘The Congress strongly urges the Presi- dent to undertake such negotiations as may be nec- essary to implement that portion of the recommenda- tions 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 Na- tions 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.’’ § 287e–1. Housing supplement for certain employ- ees assigned to the United States Mission to the United Nations The Secretary of State may, under such regu- lations as he shall prescribe, and notwith- standing section 3324(a) and (b) of title 31 and section 5536 of title 5: (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 al- lowances 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 5913 of title 5. (2) Make available in New York to no more than 41 foreign service employees of the staff of the United States Mission to the United Na- tions, other representatives, and no more than two employees who serve at the pleasure of

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 287e — Fourteenth replenishment

**(a)** The United States Governor of the International Development Association is authorized to contribute on behalf of the United States $2,850,000,000 to the fourteenth replenishment of the resources of the Association, subject to obtaining the necessary appropriations. **(b)** In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $2,850,000,000 for payment by the Secretary of the Treasury.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 287e

Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.