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 in the Security Council of the United Nations in the event of the absence or disability of the representative.

(c) The President may appoint from time to time to attend a designated session or designated sessions of the General Assembly of the United Nations not to exceed five representatives of the United States, one of whom shall be designated as the senior representative.

(d) The President may also appoint from time to time such other persons as he may deem necessary to represent the United States in the organs and agencies of the United Nations at such salaries, not to exceed $12,000 each per annum, as he shall determine: Provided, That the advice and consent of the Senate shall be required for the appointment of any person to represent the United States in the Economic and Social Council or in the Trusteeship Council of the United Nations if the person so appointed is not at the time of such appointment a Member of the Senate or House of Representatives of the United States or an officer of the United States who shall have been appointed by and with the consent of the Senate.

(e) Nothing contained in this section shall preclude the President or the Secretary of State, at the direction of the President, from representing the United States at any meeting or session of any organ or agency of the United Nations. SEC. 3. The representatives provided for in section 2 hereof, when representing the United States in the respective organs and agencies of the United Nations, shall, at all times, act in accordance with the instructions of the President transmitted by the Secretary of State unless other means of transmission is directed by the President, and such representatives shall, in accordance with such instructions, cast any and all votes under the Charter of the United Nations.

SEC. 4. The President shall, from time to time as occasion may require, but not less than once each year, make reports to the Congress of the activities of the United Nations and of the participation of the United States therein. He shall make special current reports on decisions of the Security Council to take enforcement measures under the provisions of the Charter of the United Nations, and on the participation therein under his instructions, of the representative of the United States.

SEC. 5. (a) Notwithstanding the provisions of any other law, whenever the United States is called upon by the Security Council to apply measures which said Council has decided, pursuant to article 41 of said Charter, are to be employed to give effect to its decisions under said Charter, the President may, to the extent necessary to apply such measures, through any agency which he may designate, and under such orders, rules, and regulations as may be prescribed by him, investigate, regulate, or prohibit, in whole or in part, economic relations or rail, sea, air, postal, telegraphic, radio, and other means of communication between any foreign country or any national thereof or any person therein and the United States or any person subject to the jurisdiction thereof, or involving any property subject to the jurisdiction of the United States.

(b) Any person who wilfully violates or evades or attempts to violate or evade any order, rule, or regulation issued by the President pursuant to paragraph (a) of this section shall, upon conviction, be fined not more than $10,000 or, if a natural person, be imprisoned for not more than ten years, or both; and the officer, director, or agent of any corporation who knowingly participates in such violation or evasion shall be punished by a like fine, imprisonment, or both, and any property, funds, securities, papers, or other articles or documents, or any vessel, together with her tackle, apparel, furniture, and equipment, or vehicle, concerned in such violation shall be forfeited to the United States.

SEC. 6. The President is authorized to negotiate a special agreement or agreements with the Security Council which shall be subject to the approval of the Congress by appropriate Act or joint resolution, providing for the numbers and types of armed forces, their degree of readiness and general location, and the nature of facilities and assistance, including rights of passage, to be made available to the Security Council on its call for the purpose of maintaining international peace and security in accordance with article 43 of said Charter. The President shall not be deemed to require the authorization of the Congress to make available to the Security Council on its call in order to take action under

article 42 of said Charter and pursuant to such special agreement or agreements the armed forces, facilities, or assistance provided for therein: Provided, That nothing herein contained shall be construed as an authorization to the President by the Congress to make available to the Security Council for such purpose armed forces, facilities, or assistance in addition to the forces, facilities, and assistance provided for in such special agreement or agreements.

SEC. 7. There is hereby authorized to be appropriated annually to the Department of State, out of any money in the Treasury not otherwise appropriated 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 article 17 of the Charter, and for all necessary salaries and expenses of the representatives provided for in section 2 hereof, and of their appropriate staffs, including personal services in the District of Columbia and elsewhere, without regard to the civil-service and classification laws; travel expenses without regard to the Standardized Government Travel Regulations, as amended, the Subsistence Expense Act of 1926, as amended, and section 10 of the Act of March 3, 1933, and, under such rules and regulations as the Secretary of State may prescribe, travel expenses of families and transportation of effects of United States representatives and other personnel in going to and returning from their post of duty; allowances for living quarters, including heat, fuel, and light, as authorized by the Act approved June 26, 1930 (5 U.S.C. 118a); cost of living allowance under such rules and regulations as the Secretary of State may prescribe; communication services; stenographic reporting, translating, and other services, by contract, if deemed necessary, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5); local transportation; equipment; transportation of things; rent of offices; printing and binding; official entertainment; stationery; purchase of newspapers, periodicals, books, and documents; and such other expenses as may be authorized by the Secretary of State.

PURPOSE OF LEGISLATION

The Charter of the United Nations, having been ratified by the President of the United States, by and with the advice and consent of the Senate, became operative on October 24, 1945, after ratifications had been received from the other four permanent members of the Security Council, namely, China, France, the United Kingdom, and the U.S.S.R., and from a majority of the other signatory states. Meetings of the Executive Committee of the Preparatory Commission have been held in London to proceed with the organization, and meetings of the Preparatory Commission and of the General Assembly will be held in the immediate future. The organization which was charted at San Francisco is thus becoming a living reality. Seldom in diplomatic history has a major treaty been so promptly acted upon by the nations of the world.

The next step so far as the United States is concerned is to proceed with the implementing legislation requisite to our effective participation in this great work. In its report to the Congress on the Charter last July, this committee stated:

"Unless we are prepared to take all steps which are necessary to effectuate our membership in the United Nations we would be merely deceiving the hopes of the United States and of humanity in ratifying the Charter.

"The committee feels that the people and the Members of the Senate understand clearly the consequences and the requirements of our membership in the United Nations and that they are prepared to undertake the responsibilities of membership in order to enjoy the privileges which that membership may ultimately bring in the form of world security."

The legislation under consideration is one of the most important steps to be taken toward this end. It prescribes the domestic, internal arrangements within our Government for giving effect to our participation in this enterprise and sets up the machinery whereby our national authorities can comply with certain of the major international commitments which the United States assumed upon the ratification of the Charter.

The legislation has been carefully prepared in cooperation between the members of this committee and the executive branch. The committee believes that the legislation will adequately accomplish its purposes with due regard to constitutional requirements.

REPRESENTATION IN ORGANS AND AGENCIES OF THE UNITED NATIONS

The first need in connection with our participation in the United Nations is to provide for the representation of the United States in the organs and agencies of the United Nations and to create the necessary offices and prescribe the method of making appointments thereto. Section 2 of the bill would make such provision.

The bill would create the office of representative of the United States at the seat of the United Nations and would prescribe that this person would also represent the United States in the Security Council, since the Security Council will be in continuous session. This arrangement will assure that the United States will always have a functioning organization at the headquarters which can effectively carry out whatever tasks are required in connection with our representation in the various organs and agencies of the United Nations. However, the bill would not define in advance the relationship between this representative and representatives of the United States in the other organs and agencies of the United Nations since it is believed that this question can best be determined from time to time in the future as necessity and experience indicate. The representative is to have the rank and status of an ambassador, this being provided so as to counteract any notion that his office might operate independently of the President. However, in view of this special position, the salary of this representative is fixed at $20,000. He is to be appointed by and with the advice and consent of the Senate. In order to assure continuous representation of the United States on the Security Council-and in further recognition of the continuous nature of our representation on the Security Council, provision is made in section 2(b) for a deputy representative to the Security Council, who must also be confirmed by the Senate.

The General Assembly, unlike the Security Council will meet only in annual and special sessions, and the Charter provides that each member nation shall have not more than five representatives therein. The bill would authorize the President to appoint representatives for sessions of the General Assembly. The committee gave serious consideration to the question of whether such appointments should be confirmed by the Senate.

The President is given power to make other necessary appointments to provide for the representation of the United States in the other organs and agencies of the United Nations. Senate confirmation will be required with respect to the appointment of any person to represent the United States in the other principal Councils of the United Nations, namely, the Economic and Social Council and the Trusteeship Council. This provision will permit sufficient flexibility so that the exact nature of our representation can be adjusted to the requirements of the work of these two Councils. Either one or both of these Councils may for periods of time be in continuous or nearly continuous session and require full-time representation of the most authoritative character from their member nations. On the other hand, it may be that full-time representatives will not always be needed and it may be desirable that the United States be represented thereon by an official of the Government who has already received Senate confirmation. The bill provides that the President or the Secretary of State may attend any meeting or session of any organ or agency of the United Nations. This merely gives effect to the basic relationship between the President and the other officers in the executive branch. For various reasons the President might wish to attend or to have the United States represented by the Secretary of State at particular meetings of the General Assembly, the Security Council, or other organs. In such cases the regular representative of the United States in the particular organ or agency would simply be displaced for the session or meeting in question but would continue to be present and lend his advice and knowledge.

Section 3 adds to what is implicit in section 2 namely, that the representatives of the United States to the various organs and agencies of the United Nations shall at all times act in accordance with instructions from the President. Thus it is again made clear that the representatives to the Security Council, the General Assembly, and the other organs are not autonomous, but act under the authority of the President. For reasons of administrative convenience, as in the case of diplomatic missions, the bill would provide that in general, instructions would be transmitted to these representatives through the Secretary of State. This would further facilitate the close integration of our participation in the United Nations with the day-to-day conduct of our foreign relations in the Department of State.

REPORTS TO THE CONGRESS

Section 4 of the bill emphasizes the continuous and important role the Congress must play in our participation in the United Nations. The basic decision of the Senate in advising and consenting to ratification of the Charter resulted in the undertaking by the country of various obligations which will actually be carried out by and under the authority of the President as the Chief Executive, diplomatic, and military officer of the Government. Among such obligations is that of supplying armed forces to the Security Council concerning which provision is made in section 6.

Although the ratification of the Charter resulted in the vesting in the executive branch of the power and obligation to fulfill the commitments assumed by the United States thereunder, the Congress must be taken into close partnership and must be fully advised of all phases of our participation in this enterprise. The Congress will be asked annually to appropriate funds to support the United Nations budget and for the expenses of our representation. It will be called upon to approve arrangements for the supply of armed forces to the Security Council and thereafter to make appropriations for the maintenance of such forces. The organs of the United Nations, such as the General Assembly and the Economic and Social Council, which are not vested with operating functions, will nevertheless have important powers with respect to the making of recommendations on matters within their competence, which recommendations will, in general, require implementing action by the legislative branch if they are to be put into effect by the United States. For all of these reasons, it is important that Congress should be kept fully informed on all phases of the activities of the United Nations and our participation in them.

Furthermore, it is essential that provision be made for an official channel of information to the public at large on these matters, and the method of reports to Congress is the surest way of effecting an adequate public information service Only through an enlightened and active public opinion can our participation in this Organization in the last analysis be really effective. In its report on the Charter of last July this committee stated:

"The question of our membership in an international organization to preserve peace has been debated throughout the country and in this Congress as fully as any public issue in our history has ever been discussed."

It is important that public interest and information concerning this matter should continue in connection with the actual operation of the Organization.

Section 4 of the bill therefore provides that the President shall at least once a year make reports to Congress on the activities of the United Nations and our participation therein. Furthermore, he shall make special current reports on decisions of the Security Council to take enforcement action and on the position taken therein by the United States representative.

ECONOMIC SANCTIONS

The Charter of the United Nations contemplates that force will be used to settle disputes only as a last resort. In the first instance the parties obligate themselves to seek a solution of a given dispute through the various peaceful settlement procedures prescribed by the Charter. Thereafter, in the event the machinery for peaceful settlement fails to function satisfactorily, there would be contemplated enforcement measures short of the actual use of force. It would be only if these measures were determined to be inadequate that armed force would be used in connection with any particular dispute. Article 41 of the Charter has to do with enforcement measures short of war, and section 5 of the bill is designed to empower the President to lend this country's effective collaboration in action taken by the Security Council under this article.

Section 5 in substance would empower the President to join with other countries in applying enforcement measures short of the use of armed force in dealing with particular disputes. It also prescribes penalties to enforce regulations issued by the President in the exercise of this power. The section refers to the severance of economic relations and communications; the severance of diplomatic relations, which is referred to in article 41 of the Charter, is omitted from section 5 of the bill since this is a matter concerning which full authority is vested in the President by virtue of his constitutional powers and obligations wtih respect to the conduct of this country's foreign relations.

The committee realizes that the powers proposed to be granted to the President under this section are very great. However, the basic decision in this regard

was made when the Charter was ratified and this provision is simply a necessary corollary to our membership in this Organization. The committee also believes that the Security Council must be placed in the most effective position possible to act under article 41 since the prompt and effective application of economic and diplomatic sanctions by all the United Nations (or even the threat or possibility thereof) may avoid the necessity for the use of the armed forces available to the Security Council.

The better prepared this country is to participate promptly in action of this kind, the more effective will be the Security Council and the more hope there will be that the United Nations may serve its major purpose, namely, the prevention of armed conflict.

There exist several well-recognized and long-standing precedents for the delegation to the President of powers of this general nature. Without going into detail, the committee would refer to the embargo legislation approved June 4, 1974, giving the President power to lay embargoes on all ships and vessels in American ports whenever in his opinion the public safety should require (1 Stat. 372). Legislative enactments in 1798 (1 Stat. 565-566), 1799 (1 Stat. 613, 615), 1800 (2 Stat. 7, 9), 1808 (2 Stat. 490) and 1809 (2 Stat. 506) suspended commercial relations with various countries but left the discontinuance of the restraints to the discretion of the President. In addition the Supreme Court held in Cargo of the Brig Aurora v. U.S. (11 U.S. 382 (1813)) that it was constitutional for the President to extend further the provisions of the Non-Intercourse Act of 1809 (2 Stat. 528) by proclamation to Great Britain although such a method of invoking the statutory provisions had not been stipulated in the statute. Congress has likewise, in 1886, authorized the President to exclude foreign vessels for retaliation against discrimination to American commerce (24 Stat. 79). There are many subsequent examples of such delegation of power to the President, one of the more recent of which was upheld by the Supreme Court on the issue of unconstitutional delegation of power in the well-known case of United States v. Curtiss-Wright Export Corporation (299 U.S. 304).

USE OF ARMED FORCES

Section 6 of the bill concerns the important question of the supply of armed force to the Security Council. It deals with two problems in this respect which were the subject of considerable discussion during the course of the consideration of the Charter in this committee and in the Senate last July.

The first part of section 6 would authorize the President to negotiate a military agreement or agreements with the Security Council for the purposes and within the limits prescribed by article 43 of the Charter. While in constitutional terms, the prior authorization of the Congress is not needed to enable the President to negotiate an international agreement-particularly when such an agreement is necessary in order to give effect to existing treaty obligations-the committee believed it desirable that on a matter of this scope and importance the Congress should record its views in advance. In this way the President may proceed with full assurance that the Congress as a whole desires an agreement to be entered into on this subject. At the same time the bill, by providing that the Congress shall approve any such agreement or agreements as may be negotiated, insures that the Congress will have full opportunity to pass upon the terms and provisions thereof.

The bill provides that such approval by Congress shall be expressed by appropriate act or joint resolution. During the debate in the Senate on the Charter last July, there was considerable discussion as to whether the military agreements should be considered as treaties or whether they might be approved by the Congress through the joint resolution procedure. The preponderant view was that the latter procedure was preferable since the agreements would be entered into for the purpose of giving effect to the obligation assumed by this country under article 43 of the Charter to make available to the Security Council the armed force necessary for the purpose of maintaining international peace and security. Under this view, the precise details of the obligation-such as the exact amount of the forces to be contributed and the places where they are to be stationed—is not a matter for treaty consideration but for legislative sanction by the Congress under its constitutional powers to raise and support armies, to provide and maintain a navy and to make rules for the government and regulation of the land