§ 287d-1. — Noncombatant assistance to United Nations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC287d-1]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7--INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XVI--UNITED NATIONS ORGANIZATION
Sec. 287d-1. Noncombatant assistance to United Nations
(a) Armed forces details; supplies and equipment; obligation of funds;
procurement and replacement of requested items
Notwithstanding the provisions of any other law, the President, upon
the request by the United Nations for cooperative action, and to the
extent that he finds that it is consistent with the national interest to
comply with such request, may authorize, 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 Nations Charter--
(1) the detail to the United Nations, under such terms and
conditions as the President shall determine, of personnel of the
armed forces of the United States to serve as observers, guards, or
in any non-combatant capacity, but in no event shall more than a
total of one thousand of such personnel be so detailed at any one
time: Provided, That while so detailed, such personnel shall be
considered for all purposes as acting in the line of duty, including
the receipt of pay and allowances as personnel of the armed forces
of the United States, credit for longevity and retirement, and all
other perquisites appertaining to such duty: Provided further, That
upon authorization or approval by the President, such personnel may
accept directly from the United Nations (a) any or all of the
allowances or perquisites to which they are entitled under the first
proviso hereof, and (b) extraordinary expenses and perquisites
incident to such detail;
(2) the furnishing of facilities, services, or other assistance
and the loan of the agreed fair share of the United States of any
supplies and equipment to the United Nations by the Department of
Defense, under such terms and conditions as the President shall
determine;
(3) the obligation, insofar as necessary to carry out the
purposes of clauses (1) and (2) of this subsection, of any funds
appropriated to the Department of Defense or any department therein,
the procurement of such personnel, supplies, equipment, facilities,
services, or other assistance as may be made available in accordance
with the request of the United Nations, and the replacement of such
items, when necessary, where they are furnished from stocks.
(b) Reimbursement from United Nations; waiver of reimbursement
Whenever personnel or assistance is made available pursuant to the
authority contained in subsection (a)(1) and (2) of this section, the
President shall require reimbursement from the United Nations for the
expense thereby incurred by the United States: Provided, That in
exceptional circumstances, or when the President finds it to be in the
national interest, he may waive, in whole or in part, the requirement of
such reimbursement: Provided further, That when any such reimbursement
is made, it shall be credited, at the option of the appropriate
department of the Department of Defense, either to the appropriation,
fund, or account utilized in incurring the obligation, or to an
appropriate appropriation, fund, or account currently available for the
purposes for which expenditures were made.
(c) Additional appropriation authorizations
In addition to the authorization of appropriations to the Department
of State contained in section 287e of this title, there is hereby
authorized to be appropriated to the Department of Defense, or any
department therein, such sums as may be necessary to reimburse such
departments in the event that reimbursement from the United Nations is
waived in whole or in part pursuant to authority contained in subsection
(b) of this section.
(d) Disclosure of information
Nothing in this subchapter shall authorize the disclosure of any
information or knowledge in any case in which such disclosure is
prohibited by any other law of the United States.
(Dec. 20, 1945, ch. 583, Sec. 7, as added Oct. 10, 1949, ch. 660,
Sec. 5, 63 Stat. 735; amended Aug. 10, 1949, ch. 412, Sec. 12(a), 63
Stat. 591.)
Change of Name
National Military Establishment changed to Department of Defense by
act Aug. 10, 1049.
Ex. Ord. No. 10206. Support of Peaceful Settlement of Disputes
Ex. Ord. No. 10206, Jan. 19, 1951, 16 F.R. 529, provided:
By virtue of the authority vested in me by the Constitution and the
statutes, including the United Nations Participation Act of 1945 (59
Stat. 619), as amended [this subchapter], hereinafter referred to as the
Act, and the act of August 8, 1950 (Public Law 673, 81st Congress)
[sections 301 to 303 of Title 3, The President], and as President of the
United States, it is hereby ordered as follows:
1. The Secretary of State, upon the request by the United Nations
for cooperative action, and to the extent that he finds that it is
consistent with the national interest to comply with such request, is
authorized, 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 Nations Charter, to request the Secretary of Defense to
detail personnel of the armed forces to the United Nations, and to
furnish facilities, services, or other assistance 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 determine and in accordance
with and subject to the provisions 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 [subsection (b) of this section],
shall require reimbursement from the United Nations for the expense
thereby incurred by the United States whenever personnel or assistance
is made available to the United Nations, except that in exceptional
circumstances, or when the Secretary of State finds it to be in the
national interest, 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 personnel of the armed forces detailed to the
United Nations 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.
Section Referred to in Other Sections
This section is referred to in sections 287d, 287e-2, 2348 of this
title.
