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Participation by the United States in the United
Nations Organization

22

COMMENTARY

U.S. participation in the United Nations required legislative authority and rules for the selection and appointment of persons to represent the United States in the world organization, to provide necessary funds for dues to meet salary and other expenses, and to clarify the respective roles of the Congress and the executive branch in relation to the United Nations Organization. S. 1580, 79th Congress, 1st session, provided a domestic clarification of purpose, authority, and commitment with respect to the United Nations, and created the administrative necessary for permanent American participation in its various organs and agencies.

In the hearings on the United Nations Participation Act of 1945 which follow, the House Committee on Foreign Affairs demonstrates considerable care over the constitutional and statutory problems incident to the anticipated appointment of Members of the Senate and House—including members of the committee-to positions in the U.S. mission to the United Nations. Ultimately at issue were fundamental constitutional questions of control over foreign policy between the executive and legislative branches of Government. The bill provided legislative expression to controversial features of the U.N. Charter regarding sanctions and their enforcement. Congressional concern for control over the country's armed forces is evident in the committee's discussions, although the right of the President to cooperate with the U.N. Security

Council on short notice by virtue of prior agreement is respected.

At the conclusion of the hearing of December 10, 1945, Representative Case of South Dakota presented House Concurrent Resolution 75 for the committee's consideration.' This measure extended the U.S. formal invitation to the United Nations to locate its permanent headquarters in the United States. It represented a response as well as an initiative, however, since the United Nations had recently expressed its positive interest in securing an American headquarters site. The resolution was carried through the House and Senate in 2 days.

1

Consideration of House Concurrent Resolution 75 appears on p. 183.

PARTICIPATION BY THE UNITED STATES IN THE UNITED NATIONS ORGANIZATION

(S. 1580, 79th Cong., 1st Sess.)

FRIDAY, DECEMBER 7, 1945

HOUSE OF REPRESENTATIVES, COMMITTEE ON FOREIGN AFFAIRS, Washington, D.C. The committee met at 10 a.m., Hon. Sol Bloom (chairman) presiding.

Chairman BLOOM. The committee will come to order for the consideration of S. 1580,1 to provide for the appointment of representatives of the United States in the organs and agencies of the United Nations, and to make other provision with respect to the participation of the United States in such organization.

And also for the consideration of H.R. 4618.2

Mr. Acheson, the floor is yours.

STATEMENT OF HON. DEAN ACHESON, UNDER SECRETARY OF

STATE

Mr. ACHESON. Mr. Chairman, members of the committee, I think this morning with the permission of the committee I will simply go through the Senate bill referred to by the chairman and explain the various provisions of the bill.

There is here with me this morning Dr. Pasvolsky, of the Department of State, who is the great authority on the charter.

Mr. JOHNSON. He is the father.

Mr. ACHESON. If there are any questions about the charter, I should much prefer to have them answered by Dr. Pasvolsky.

U.S. REPRESENTATIVE TO THE UNITED NATIONS

The first section of the act is simply the title. "This act may be cited as the 'United Nations Participation Act of 1945.'"

Section 2 (a) gives "the President, by and with the advice and consent of the Senate," the authority to "appoint a representative of the United States at the seat of the United Nations who shall have the rank and status of envoy extraordinary and ambassador plenipotentiary, shall receive annual compensation of $20,000, and shall

1 For text of S. 1580 see appendix IV. p. 290.

2 H.R. 4618 was identical to S. 1580 as passed by the Senate and referred to the House.

hold office at the pleasure of the President. Such representative shall represent the United States in the Security Council of the United Nations and shall perform such other functions in connection with the participation of the United States in the United Nations as the President may from time to time direct."

That section gives the President authority to appoint a man by and with the advice and consent of the Senate who shall take up his office at the seat of the United Nations and who shall be in permanent residence there.

Mr. EATON. A member of the Security Council but not a member of the Assembly.

Mr. ACHESON. He shall be a member of the Security Council.
Mr. EATON. But not of the Assembly.

Mr. ACHESON. He might also be appointed by the President if the President so desires, one of the delegates to the Assembly. That shall be within the discretion of the President.

The act provides that he shall be the representative on the Security Council at the seat of the United Nations.

Chairman BLOOM. Might he also be a delegate to the Assembly and also the representative on the Security Council?

Mr. ACHESON. There is nothing in this law to prevent it, Mr. Chairman.

Chairman BLOOM. I think at the time when the number of delegates came up that came up at San Francisco, that there would be five delegates appointed. You could have as many as you wanted, but only five would be able to sit in the Assembly-but the member on the Security Council would not be a member of the Assembly. Is that right? I do not know.

Mr. ACHESON. I think so far as the charter is concerned, if it is agreeable to you we will ask Mr. Pasvolsky to answer the question whether there is anything in the charter which would prevent the person who represents the United States on the Security Council to also represent the United States as one of the delegates to the General Assembly.

STATEMENT OF DR. LEO PASVOLSKY, SPECIAL ASSISTANT TO THE SECRETARY OF STATE FOR INTERNATIONAL ORGANIZATION AND SECURITY AFFAIRS

Mr. PASVOLSKY. I do not think so. The Assembly only meets once a year for a short period.

Mr. EATON. It meets once a year but there is no limit to how long it can stay in session.

Mr. PASVOLSKY. No. Its performance indicates about 3 weeks.
Chairman BLOOM. All right.

Mr. ACHESON. Dr. Pasvolsky is Special Assistant to the Secretary of State.

Chairman BLOOM. You have said, Doctor, that they meet once a year. That is not the set rule. It can meet any time it wants and as long as it wants.

Mr. PASVOLSKY. That is right. But customarily, Mr. Chairman, the charter provides they shall meet in annual session. It can also meet in special session, under certain rules, for convenience.

Now, the Council is to be in continuancy, which means that the Council will be in session at the time when the Assembly itself is in session.

Mr. EATON. Then how can a man be in two places at once?-unless he happened to be a member of this administration.

Mr. PASVOLSKY. He would not be in two places; he does not have to be appointed to the Assembly. The point is whether there is anything in the charter to prevent his appointment.

If I can add a personal opinion I think it would be a good thing to have him on the delegation because of the things

Chairman BLOOM. Will you talk a little louder?

Mr. PASVOLSKY. One of the things the Assembly would do would be to discuss the items of the Security Council, and therefore it would be a good thing to have him on the delegation.

The other countries will undoubtedly do that-have on their delegations the fellow who really knows what is in those reports.

Now the reason for the proviso, that there shall be several delegates to the Assembly is that there will be several commissions.

Happening to have the San Francisco experience-we did not have enough delegates for all the commissions.

Chairman BLOOM. A little bit louder. We cannot hear you up here. Mr. PASVOLSKY. The Assembly procedure-as far as we can foresee it will be well to have on the commission of the Assembly, which discusses matters that come out of the Security Council, the man who is handling these matters on the Security Council.

Chairman BLOOM. I will ask the Secretary with reference to the alternates.

Mr. ACHESON. If you will leave that until we come to that. Chairman BLOOM. All right. And there is one thing off the record that I would like to have you tell the committee.

[Discussion off the record.]

Mrs. ROGERS. May I ask, Mr. Chairman?

Chairman BLOOM. Yes.

Mrs. ROGERS. Who calls the special sessions?

Mr. ACHESON. You mean the first one?

Mrs. ROGERS. No. After that.

Mr. PASVOLSKY. A majority of the members.

Mrs. ROGERS. That is what I thought, the vote of the Council.

Mr. JOHNSON. Mr. Chairman, I suggest we let Mr. Acheson discuss this section and then we can go back to these others.

Chairman BLOOM. I suggest the Secretary read and then after that answer our questions.

Mr. ACHESON. Yes.

Chairman BLOOM. Proceed, Mr. Secretary.

DEPUTY U.S. REPRESENTATIVE TO THE UNITED NATIONS

Mr. ACHESON. Section 2(b) has to do with a deputy representative. That provides [reading]:

The President, by and with the advice and consent of the Senate, shall appoint a deputy representative of the United States to the Security Council who shall have the rank and status of envoy extraordinary and minister plenipotentiary, shall receive annual compensation of $12,000, and shall hold office at the pleasure of the President. Such deputy representative shall represent the United States

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