22 U.S.C. § 287e–2 — Reimbursement for goods and services provided by the United States to the United Nations
submitted 81 years ago by Pub. L. 106-113 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 817 words · no verdicts yet
The President must normally get the UN to reimburse U.S. peacekeeping assistance. Some small or older assistance is exempt, and the President can waive this rule for security reasons. Congress can override a waiver within 15 days by joint resolution.
(a) Requirement to obtain reimbursement. (1) Except as paragraph (2) says, the President must seek and promptly get a UN commitment to reimburse the U.S. whenever the U.S. government gives assistance under the laws listed in subsection (c): (A) to the UN, when the assistance helps carry out an assessed peacekeeping operation; (B) for any UN peacekeeping operation the Security Council authorized under Chapter VI or VII of the UN Charter and that's paid for by peacekeeping or regular-budget assessments; or (C) to a country taking part in such an operation, when the assistance helps that country participate.
(2) Exceptions. (A) Paragraph (1)'s requirement doesn't apply to: (i) goods and services given to U.S. Armed Forces; (ii) assistance worth less than $3,000,000 per fiscal year per operation; (iii) assistance given before November 29, 1999; (iv) salaries and expenses of civilian police and other civilian and military monitors, where UN policy already requires contributing members to pay for similar assistance; or (v) any assistance commitment made before November 29, 1999. (B) The requirements of subsection (d)(1)(B) don't apply to deploying U.S. military forces when the President decides that deployment matters to U.S. security interests; that deployment's cost must still be included in the data provided under section 2348d.
(3) Form and amount. (A) The reimbursement amount is set at the UN's usual rate. (B) Reimbursement can include credits against U.S. assessed contributions for UN peacekeeping, but only after the agency providing the assistance has first been reimbursed for its own expenses.
(b) Treatment of reimbursements. (1) Any reimbursement paid the U.S. is credited to the current appropriation, fund, or account of the agency that provided the assistance. (2) Credited amounts merge with that appropriation, fund, or account, and are available for the same purposes, and subject to the same conditions and limits, as the funds they merge with.
(c) Covered assistance. Subsection (a) applies to assistance given under: (1) sections 287d and 287d–1; (2) sections 2261, 2318(a)(1), 2321j, 2348a(c), and 2357; and (3) any other law under which the U.S. provides assistance to carry out an assessed UN peacekeeping operation's mandate.
(d) Waiver. (1)(A) The President may authorize this assistance without following subsection (a) if the President decides — and notifies the Senate Foreign Relations Committee and the House Speaker in writing — that doing so matters to U.S. security interests. (B) When using that authority, the President must notify the Senate Foreign Relations Committee and the House International Relations Committee following the same procedures used for reprogramming notifications under section 2394–1. (2) Congressional review. Despite such a notice, subsection (a) still applies if Congress enacts a joint resolution disapproving the President's determination within 15 calendar days of receiving the notice. (3) Senate procedures. Any such joint resolution is considered in the Senate under section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.
(e) Relationship to other reimbursement authority. Nothing here stops the President from seeking additional reimbursement for this assistance, beyond what subsection (a) requires.
(f) Definition. "Assistance" in this section includes personnel, services, supplies, equipment, facilities, and other assistance provided by the Defense Department or any other U.S. government agency.
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)—
to the United Nations when the assistance is designed to facilitate or assist in carrying out an assessed peacekeeping operation;
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
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.
The requirement in paragraph (1) shall not apply to—
goods and services provided to the United States Armed Forces;
assistance having a value of less than $3,000,000 per fiscal year per operation;
assistance furnished before November 29, 1999;
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
any assistance commitment made before November 29, 1999.
The requirements of subsection (d)(1)(B) 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.
The amount of any reimbursement under this subsection shall be determined at the usual rate established by the United Nations.
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.
The amount of any reimbursement paid the United States under subsection (a) 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.
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.
Subsection (a) applies to assistance provided under the following provisions of law:
Sections 287d and 287d–1 of this title.
Sections 2261, 2318(a)(1), 2321j, 2348a(c), and 2357 of this title.
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.
The President may authorize the furnishing of assistance covered by this section without regard to subsection (a) 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.
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.
Notwithstanding a notice under paragraph (1) with respect to assistance covered by this section, subsection (a) 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.
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.
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).
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.
Source credit: (Dec. 20, 1945, ch. 583, § 10, as added Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VII, § 723], Nov. 29, 1999, 113 Stat. 1536, 1501A–463.)
- 1945Enacted · Pub. L. 106-113 · 113 Stat. 1536, 1501
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-113 on 1945-12-20.
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