The primary purpose of the proposed amendments to the United Nations
Participation Act of 1945 is to provide greater flexibility in the United
States representation in the Security Council and to provide assistance to
our principal Representative to the United Nations. The nature and increased
volume of work of the United States Mission to the United Nations and the
consequent demands upon the time and energy of the United States
Representative make necessary the provisions of the proposed amendments as
outlined in the enclosed memorandum.
A similar communication is being sent to the President pro tempore, 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 to the Congress.
[Enclosure]
Memorandum Prepared in the Department of
State3
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
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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 (b)
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
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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 Presidential
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 headquarters 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 appropriation for expenses
as authorized in section 7 and other expenses authorized by the
Secretary of State from this
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appropriation from provisions of section 3709 of the Revised Statutes,
as amended (41 U.S.C. 5) (note statute requiring advertising for
bids).
