The general purpose of the bill is to improve United States participation in the activities of the United Nations. It seeks to do this in three general ways-(a) by strengthening representation at the top level; (b) by affirming and clarifying the legal basis for the armed services to furnish noncombatant assistance to the United Nations; and (c) by making secondary changes in detail in the basic statute under which the United States participates in United Nations activities. These three purposes are discussed subsequently in that order.

I. STRENGTHENING REPRESENTATION

The bill would amend section 2 of the United Nations Participation Act so as to create a new post of deputy representative of the United States to the United Nations. He would be appointed by the President with senatorial confirmation and be removable by the President. He would rank as ambassador and would receive $20,000 a year. This deputy would be authorized to act for the representative in all his functions. He would be in addition to the present deputy, who is authorized to act only in Security Council matters.

The argument for this additional office is simply that the volume and diversity of the representative's work require someone authorized to share his burdens. The pressure of work on the representative is heavy at all times. When the General Assembly and the Security Council are in concurrent session, and when the time of the representative is in demand by the leaders of other delegations to the United Nations, the volume of work goes far beyond the load that two men can be expected to carry.

These normal exigencies are multiplied when illness or other temporary difficulty deprives the United States of the services of the representative and the deputy for the Security Council. At Paris last winter, for example, the representative and the deputy for Security Council matters were both ill at the same time. The United States was left for a period without any permanent representation authorized to deal with high-level matters in the Security Council.

Consideration of the health and welfare of its servants is enough to justify and demand that the United States Government strengthen its representation at the seat of the United Nations. Beyond that, the interest of the United States itself in maintaining adequate execution of its foreign policy, irrespective of personal circumstances, makes this part of the legislation necessary.

The bill would amend section 2 of the basic act so as to authorize the representative and the deputy to serve ex officio on any organ, commission, or body of the United Nations other than specialized agencies. The purpose is simply to authorize them to divide jurisdiction by cases and subject matter rather than by agencies concerned. The stages of any particular case may involve more than one organ of the United Nations. It is in the interest of effective representation to enable the same person to follow a case through all stages. Specialized agencies-such as World Health Organization, International Labor Organization, etc.-are excepted since they have their own United States delegations and it is desirable to protect the autonomy of their functions.

The bill would enable the President to designate an official of the Department of State whose appointment is subject to senatorial con

firmation (the Secretary, the Under Secretary, the Assistant Secretaries, the Counselor, and the Legal Adviser) to sit on the Security Council in the absence of the representative or the deputies or in instances of particular advantage.

The bill would also raise the representative's salary from $20,000 to $25,000 a year. The arguments for this are two-(a) the expenses incurred by the post justify the representative's being compensated at the rate of a chief of mission at a major capital abroad; (b) the interests of the United States require that its representative be equal in prestige and status to those with whom he must deal from day to day, the chief representatives of other great powers and the chiefs of diplomatic

missions.

The bill also would raise from $12,000 to $17,500 the ceiling on salaries for United States representatives to the principal organs of the United Nations. In the committee's view, the raise in salary is consistent with the interests of the United States in attracting the highest caliber of individuals to the posts of representative in such important functioning bodies as the Economic and Social Council and the Trusteeship Council.

The bill also would raise to the rate of $15,000 a year the maximum compensation for delegates to the General Assembly. The present rate is $12,000. The committee believes this raise is justified in the interest of the United States in continuing to attract persons of high attainment to the position of delegate. The higher rate is consistent with the importance of the post concerned. It should be emphasized that the pay figure does not relate to a salary but rather to a rate at which such representatives will be paid for the fractions of a year during which they serve.

II. NONCOMBATANT ASSISTANCE TO THE UNITED NATIONS

Section 7 of the United Nations Participation Act, as amended by this bill, would relate to United States assistance to the political commissions of the United Nations engaged in the peaceful settlement of disputes between nations. This type of assistance is extended by the United States in recognition of the obligation it has undertaken under article 2, section 5, of the United Nations Charter to "give the United Nations every assistance in any action it takes in accordance with the present Charter" and in the furtherance of specific foreign policy interests which are very directly involved in the disputes in question.

Five United Nations political commissions are now in the fieldthe Special Committee on the Balkans, the Commission for India and Pakistan, the Commission for Indonesia, the Palestine Conciliation Commission, and the Commission on Korea. The United States has a representative on all the commissions with the exception of the last, the Commission on Korea. Such commissions are created by special resolutions of the General Assembly or the Security Council of the United Nations. Their tenures are determined by the duration of the emergency which they are created to resolve. Because of the unpredictability of the need and duration of the commissions they have had to operate pretty much on a makeshift basis. Their activities have been carried on in the face of formidable physical hazards and supply difficulties.

Such a commission in the field requires the services of military observers, communications experts, drivers, guards, and other such auxiliary personnel. It may require also vehicles, transport and liaison planes, and communication equipment. The numbers of men and the volume of supplies and equipment required are insignificant in comparison to the resources of this Government but are of the utmost importance to the success of a commission in the field.

It would not be in the interest of economy for the United Nations to attempt to have the necessary auxiliary personnel as permanent employees or to maintain in its own right the equipment and supplies which might conceivably be required. This consideration is of particular importance to the United States, which bears approximately 40 cents of every dollar spent by the United Nations.

The United States has made a practice of furnishing supplies and rendering auxiliary services to United Nations commissions. Such assistance, when provided by the United States, comes normally from the National Military Establishment. A list of United States personnel and equipment detailed or loaned to the United Nations is given in part A of appendix I of this report. It should be emphasized that the United States is not the only government assisting the United Nations in such manner. Part B of appendix I lists the contributions known to have been made by other governments to assist political missions of the United Nations.

The Executive has proceeded on the premise that existing United States law amply authorizes such assistance as an activity of the Military Establishment in support of the foreign policy of the United States.

Under existing law, however, it has been considered necessary to have personnel detailed or equipment furnished to the Department of State or to some American military or diplomatic officer serving as a member of the commission concerned. This has resulted in questions of dual control and in administrative confusion which are not in the interest of effective operation. For example, under existing law a vehicle supplied to a commission could technically be used only by an American officer and driven by an American chauffeur. Strictly enforced, this restriction would result in inefficiency of organization. Also, if personnel must be detailed and supplies furnished only to an American military or diplomatic officer, there is a serious question as to the right of the United States to request reimbursement from the United Nations. Some question has risen also as to the right of United States personnel to accept from the United Nations per diem and other allowances which the United Nations is prepared to pay. While the legal basis for this practice is the same as that for sending personnel on such missions, it is desirable to clarify the matter by specific inclusion in this section.

The new section 7 of the United Nations Participation Act, as contained in this bill, would clarify the status and procedure relevant to services and supplies made available to the United Nations by the United States so that there will be no question regarding control and the right of reimbursement. The language restricts equipment and supplies to those of a noncombatant character. Military items in the technical sense are not involved. It will include only such items as vehicles, maintenance equipment, radios, personnel field equipment,

and side arms for individual protection. Services also will be of a noncombatant character, such as the furnishing of planes for transport and liaison.

The bill limits to 1,000 the United States personnel to be on detail to the United Nations at any one time. This number is considered adequate to accommodate any needs in the calculable future. It is believed desirable, however, to include such a limitation in the bill as a clear indication that the Congress intends only that auxiliary personnel shall be made available and that there shall not be any wholesale drawing upon American manpower resources.

Members of the armed forces so detailed would be subject to the orders of the United Nations for the purposes of the operation of the commission in question. Thus, under international law, they would have the status and privileges and immunities which pertain to their activities on behalf of the United Nations. They would also retain the rights and perquisites which pertain to their status as members of the armed forces of the United States on an assignment given them by the United States.

It should be pointed out that the bill does not pledge the United States to make personnel, supplies, and services available for United Nations activities. These are to be made available only at the discretion of the President, who may be expected to exercise this discretion in a manner consistent with the interests of United States foreign policy, a limitation which is inherent in his constitutional position.

It should be noted also that the bill establishes that standard of the fair share of the United States in the lending of supplies, equipment, and the like. The committee is cognizant that in some instances the United States may have to be the primary source for such assistance to the United Nations. The language of the bill is not intended to be a precise restraint or limitation. It is intended, however, to embody the idea that such assistance to the United Nations should be recognized as incumbent upon all of its members and not exclusively or preponderantly upon one of them.

Likewise, it should be noted that the President is authorized to determine the terms and conditions under which supplies, equipment, facilities, services, and other assistance may be rendered to the United Nations by the National Military Establishment. It is the committee's understanding that the terms and conditions applicable to any vessels, crewed by United States personnel, made available to the United Nations in pursuance of this legislation will include reservations which will keep them subject to the control and disposition of United States authority while on such detail. It is anticipated that in the usual course such assistance will be on a reimbursable basis insofar as such assistance incurs specific and direct expenses to the United States. This is not intended to include expenses which would be incurred even if such assistance were not given. There may occur unusual circumstances, however, in which a requirement of reimbursement might impede an activity where such impediment would be contrary to the interests of this country. In view of this consideration, the committee decided not to make reimbursement a hard and fast condition but rather to trust to the discretion of the Executive. Finally, it is emphasized that the activities of the United Nations which may be assisted under this section of the bill relate solely to

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peaceful settlement of disputes and do not relate to the employment of armed forces as contemplated in chapter VII of the United Nations Charter. This is specifically stated in the first sentence of the section.

III. CHANGES IN DETAIL

Section 2 (d) of the United Nations Participation Act, as amended by this bill, would contain the more accurate term "session" in place of the less accurate term "meeting" in connection with alternative representation on the Economic and Social Council and the Trusteeship Council.

Section 5 (b) of the act, as amended by this bill, would add "aircraft" to the transportation items susceptible to forfeit in connection with violations of authorized actions taken by this Government in cooperation with the Security Council. The Department of Justice has advised that this action is necessary to make the language airtight in view of the holding of the Supreme Court in the case of McBoyle v. The United States (283 U. S. 25).

Section 8 of the United Nations Participation Act, as amended by this bill, would make several changes in the authorizations presently contained in section 7 of the act. The changes are as follows:

Lease or rental is authorized (for periods not to exceed 10 years) of a residence for the representative of the United States to the United Nations. This is now provided for the representative under appropriations acts, but such appropriations are subject to point of order.

The language in the existing law, in connection with authorization for appropriations referring to civil-service classification laws, subsistence allowances, travel expenses, and hire of local transportation, is made more precise and thus more desirable. There would be no increase in advantages presently enjoyed.

Eliminated as unnecessary are (1) the reference to exemptions from statute in connection with contracts for services; and (2) authorization for purchase of newspapers, periodicals, books, and documents.

The Department of State suggested an amendment to clarify an item contained in section 7 of the existing law (Public Law 264, 79th Cong.) concerning the waiver of the Subsistence Expense Act of 1926, as amended. It is the view of the committee, however, that such an amendment is unnecessary since it is clear in the existing provision that the Congress intends to confer authority to permit the administrative determination and establishment of rates of per diem allowances in lieu of subsistence expenses without regard to the rates established in the Subsistence Expense Act of 1926, as amended.