§ 287e-2. — Reimbursement for goods and services provided by the United States to the 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: 22USC287e-2]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7--INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XVI--UNITED NATIONS ORGANIZATION
Sec. 287e-2. Reimbursement for goods and services provided by
the United States to the United Nations
(a) Requirement to obtain reimbursement
(1) In general
Except as provided in paragraph (2), the President shall seek
and obtain in a timely fashion a commitment from the United Nations
to provide reimbursement to the United States from the United
Nations whenever the United States Government furnishes assistance
pursuant to the provisions of law described in subsection (c) of
this section--
(A) to the United Nations when the assistance is designed to
facilitate or assist in carrying out an assessed peacekeeping
operation;
(B) for any United Nations peacekeeping operation that is
authorized by the United Nations Security Council under Chapter
VI or Chapter VII of the United Nations Charter and paid for by
peacekeeping or regular budget assessment of the United Nations
members; or
(C) to any country participating in any operation authorized
by the United Nations Security Council under Chapter VI or
Chapter VII of the United Nations Charter and paid for by
peacekeeping assessments of United Nations members when the
assistance is designed to facilitate or assist the participation
of that country in the operation.
(2) Exceptions
(A) In general
The requirement in paragraph (1) shall not apply to--
(i) goods and services provided to the United States
Armed Forces;
(ii) assistance having a value of less than $3,000,000
per fiscal year per operation;
(iii) assistance furnished before November 29, 1999;
(iv) salaries and expenses of civilian police and other
civilian and military monitors where United Nations policy
is to require payment by contributing members for similar
assistance to United Nations peacekeeping operations; or
(v) any assistance commitment made before November 29,
1999.
(B) Deployments of United States military forces
The requirements of subsection (d)(1)(B) of this section
shall not apply to the deployment of United States military
forces when the President determines that such deployment is
important to the security interests of the United States. The
cost of such deployment shall be included in the data provided
under section 2348d of this title.
(3) Form and amount
(A) Amount
The amount of any reimbursement under this subsection shall
be determined at the usual rate established by the United
Nations.
(B) Form
Reimbursement under this subsection may include credits
against the United States assessed contributions for United
Nations peacekeeping operations, if the expenses incurred by any
United States department or agency providing the assistance have
first been reimbursed.
(b) Treatment of reimbursements
(1) Credit
The amount of any reimbursement paid the United States under
subsection (a) of this section shall be credited to the current
applicable appropriation, fund, or account of the United States
department or agency providing the assistance for which the
reimbursement is paid.
(2) Availability
Amounts credited under paragraph (1) shall be merged with the
appropriations, or with appropriations in the fund or account, to
which credited and shall be available for the same purposes, and
subject to the same conditions and limitations, as the
appropriations with which merged.
(c) Covered assistance
Subsection (a) of this section applies to assistance provided under
the following provisions of law:
(1) Sections 287d and 287d-1 of this title.
(2) Sections 2261, 2318(a)(1), 2321j, 2348a(c), and 2357 of this
title.
(3) Any other provisions of law pursuant to which assistance is
provided by the United States to carry out the mandate of an
assessed United Nations peacekeeping operation.
(d) Waiver
(1) Authority
(A) In general
The President may authorize the furnishing of assistance
covered by this section without regard to subsection (a) of this
section if the President determines, and so notifies in writing
the Committee on Foreign Relations of the Senate and the Speaker
of the House of Representatives, that to do so is important to
the security interests of the United States.
(B) Congressional notification
When exercising the authorities of subparagraph (A), the
President shall notify the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the House
of Representatives in accordance with the procedures applicable
to reprogramming notifications under section 2394-1 of this
title.
(2) Congressional review
Notwithstanding a notice under paragraph (1) with respect to
assistance covered by this section, subsection (a) of this section
shall apply to the furnishing of the assistance if, not later than
15 calendar days after receipt of a notification under that
paragraph, the Congress enacts a joint resolution disapproving the
determination of the President contained in the notification.
(3) Senate procedures
Any joint resolution described in paragraph (2) shall be
considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and Arms
Export Control Act of 1976.
(e) Relationship to other reimbursement authority
Nothing in this section shall preclude the President from seeking
reimbursement for assistance covered by this section that is in addition
to the reimbursement sought for the assistance under subsection (a) of
this section.
(f) Definition
In this section, the term ``assistance'' includes personnel,
services, supplies, equipment, facilities, and other assistance if such
assistance is provided by the Department of Defense or any other United
States Government agency.
(Dec. 20, 1945, ch. 583, Sec. 10, as added Pub. L. 106-113, div. B,
Sec. 1000(a)(7) [div. A, title VII, Sec. 723], Nov. 29, 1999, 113 Stat.
1536, 1501A-463.)
References in Text
Section 601(b) of the International Security Assistance and Arms
Export Control Act of 1976, referred to in subsec. (d)(3), is section
601(b) of Pub. L. 94-329, title VI, June 30, 1976, 90 Stat. 765, which
is not classified to the Code.
