sion, for the assertion of United States interest in regional arrangements, and the implementation of our underlying obligations under the Charter.

The purpose of the resolution is, in brief, to state the sense of the United States Senate concerning the desirable and feasible objectives which the United States should pursue by constitutional process in behalf of international peace and security, the pacific settlement of disputes, and the exercise of individual and collective self-defense against armed aggression, all within the framework of the United Nations Charter.46

6. UNCOMPLETED MEASURES

Several legislative proposals affecting United States participation in the United Nations did not receive final congressional action. These include:

(a) Senate Joint Resolution 221 (and its companion measure, H. J. 391), Eightieth Congress, second session, to provide a civil government for the trust territory of the Pacific islands. These resolutions would implement the trusteeship agreement between the United States and the United Nations Security Council which the President was authorized by Congress to approve on behalf of the United States." (b) S. 1643, Eightieth Congress, first session, to prohibit and punish the unauthorized use of the official seal, emblem, and name of the United Nations, and for other purposes, introduced by Senator Vandenberg on July 16, 1947, and referred to the Senate Committee on Foreign Relations. This measure would serve to implement a resolution adopted unanimously by the United Nations General Assembly on December 7, 1946.49

48

(c) Senate Joint Resolution 136, authorizing the President to accept on behalf of the United States the convention on privileges and immunities of the United Nations. The measure passed the Senate July 17, 1947, and was referred to the House Committee on Foreign Affairs July 18, 1947. There it was placed, during the second session, in the one-package bill, H. R. 6802. The United Nations General Assembly, by a resolution adopted on February 13, 1946, approved the convention an proposed it for accession by each member of the United Nations.50 The convention is designed to define the rights of the United Nations and related personnel in the territory of all member states as distinct from the headquarters agreement between the United Nations and the United States (Public Law 357, 80th Cong., 1st sess.) which is concerned with particular problems arising out of the location of the headquarters in this country. Section 26 of the headquarters agreement provides that in "Ibid., p. 1. For text of resolution, see appendix, p. 54. See Congressional Record May 27, 1948, pp. A3527-3528. S. Res. 239 is also concerned with removing the veto in questions involving the pacific settlement of disputes and situations, and the admission of new UN members.

Art. 12 of the agreement provides that "The administering authority shall enact such legislation as may be necessary to place the provisions of this agreement in effect in the trust territory." This constitutes an international commitment upon the part of the United States to implement by legislation the provisions of the trusteeship agreement. See S. Rept. 471, 80th Cong., 1st sess., p. 10.

48 The House companion measure, H. R. 4186, introduced by Representative Javits, passed the House on July 25, 1947.

To date, 16 members of the United Nations have notified the Secretary-General of the United Nations that they have taken the necessary implementing action or that existing laws provide sufficient protection; 13 members have indicated they were taking action; 4 have stated that the matter was being referred to their governments for attention. See Annual Report of the Secretary-General on the Work of the Organization, 1 July 1947-30 June 1948, United Nations Document A/565, 1948, p. 113.

United Nations Document A/04/Add. 1, Jan. 31, 1947, pp. 186-87. See also H. Rept. 2291, 80th Cong.. 2d sess., pp. 13-21,

case of absolute conflict between the provisions of the headquarters agreement and those of the convention, the provisions of the agreement shall prevail.

(d) Executive GG, protocol relating to an amendment to the convention on international civil aviation, transmitted on July 11, 1947, by the President to the Senate for its advice and consent to ratification. The protocol deals with the relationship between the United Nations and the International Civil Aviation Organization (ICAO) and establishes the bases upon which members of ICAO shall be debarred from, and may be readmitted to, membership therein (Franco Spain particularly intended).

(e) S. 2518, revision of the United Nations Participation Act of 1945 (Public Law 264, 79th Cong., 1st sess.) was introduced in the Senate on April 20, 1948, and passed on April 26, 1948. The House version, contained in its one-package bill, incorporated substantially the provisions of S. 2518.

(S. 2474, authorizing the furnishing of services and the temporary detail of United States Government employees to public international organizations. The United States has received numerous requests from international organizations in which it participates for detail of personnel possessing special professional or technical skill. The bill would permit the Secretary of State to comply with these requests on a reimbursable basis, provided the Government agency and United States employee involved consent. The bill was introduced in the Senate on April 8, 1948, by Senator Vandenberg and referred to the Senate Committee on Foreign Relations. On the House side, provision for this legislation was contained in the one-package bill, H. R. 6802.

6. CONCLUSION

An analysis of the record and debate of the Eightieth Congress on legislative proposals to strengthen United States participation in the United Nations and its allied activities shows the following significant trends:

(a) The increasing awareness by the members of the House Foreign Affairs Committee and of the Senate Foreign Relations Committee of the role of the Congress in shaping foreign affairs. "The nature of the world commitments and the world aspirations undertaken by this Nation cannot be considered in a compartment separate from the concrete steps necessary to fulfill those commitments and to realize those aspirations"; 51

(b) A growing awareness of the necessity for United States leadership in foreign affairs;

(c) The increasing national security consciousness, in view of world conditions and, based thereon, the attempt to balance the national interest against the international interest;

(d) A desire to strengthen the United Nations and to increase its effectiveness in fulfilling its responsibilities; 52 and

(e) The requirement that facts and figures be produced. As the House Foreign Affairs Committee stated, "It is not enough that aspirations be worthy; it is also necessary that the course proposed be practicable." 53

H. Rept. 2291, 80th Cong., 2d sess., p. 3.

See, in general, Hearings Before House Committee on Foreign Affairs on Structure of the United Na tions and the Relations of the United States to the United Nations, 80th Cong., 2d sess.

"Supra, note 51.

APPENDIX

SELECTED TEXTS

1. RESPONSIBILITIES OF THE HOST

HOUSE CONCURRENT RESOLUTION 75, 79TH CONGRESS, 1ST SESSION '

Resolved by the House of Representatives (the Senate concurring), That the United Nations be, and hereby are, invited to locate the seat of the United Nations Organization within the United States of America.

Passed December 11, 1945.

PUBLIC LAW 291, 79тH CONGRESS, 1ST SESSION

AN AOT To extend certain privileges, exemptions, and immunities to international organizations and te the officers and employees thereof, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States o America in Congress assembled, TITLE I

SECTION 1. For the purposes of this title, the term "international organization" means a public international organization in which the United States participates pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation, and which shall have been designated by the President through appropriate Executive order as being entitled to enjoy the privileges, exemptions, and immunities herein provided. The President shall be authorized, in the light of the functions performed by any such international organization, by appropriate Executive order to withhold or withdraw from any such organization or its officers or employees any of the privileges, exemptions, and immunities provided for in this title (including the amendments made by this title) or to condition or limit the enjoyment by any such organization or its officers or employees of any such privilege, exemption, or immunity. The President shall be authorized, if in his judgment such action should be justified by reason of the abuse by an international organization or its officers and employees of the privileges, exemptions, and immunities herein provided or for any other reason, at any time to revoke the designation of any international organization under this section, whereupon the international organization in question shall cease to be classed as an international organization for the purposes of this title.

SEC. 2. International organizations shall enjoy the status, immunities, exemptions, and privileges set forth in this section, as follows:

(a) International organizations shall, to the extent consistent with the instrument creating them, possess the capacity

(i) to contract;

(ii) to acquire and dispose of real and personal property.

(iii) to institute legal proceedings.

(b) International organizations, their property and their assets, wherever located, and by whomsoever held, shall enjoy the same immunity from suit and every form of judicial process as is enjoyed by foreign governments, except to the extent that such organizations may expressly waive their immunity for the purpose of any proceedings or by the terms of any contract.

(c) Property and assets of international organizations, wherever located and by whomsoever held, shall be immune from search, unless such immunity be

'59 Stat. 848.

S. Repts., 80-2, vol. 4 -108

expressly waived, and from confiscation. The archives of international organizations shall be inviolable.

(d) Insofar as concerns customs duties and internal-revenue taxes imposed upon or by reason of importation, and the procedures in connection therewith; the registration of foreign agents; and the treatment of official communications, the privileges, exemptions, and immunities to which international organizations shall be entitled shall be those accorded under similar circumstances to foreign governments.

SEC. 3. Pursuant to regulations prescribed by the Commissioner of Customs with the approval of the Secretary of the Treasury, the baggage and effects of alien officers and employees of international organizations, or of aliens designated by foreign governments to serve as their representatives in or to such organizations, or of the families, suites, and servants of such officers, employees, or representatives shall be admitted (when imported in connection with the arrival of the owner) free of customs duties and free of internal-revenue taxes imposed upon or by reason of importation.

SEC. 4. The Internal Revenue Code is hereby amended as follows:

(a) Effective with respect to taxable years beginning after December 31, 1943, section 116 (c), relating to the exclusion from gross income of income of foreign governments, is amended to read as follows:

"(c) INCOME OF FOREIGN GOVERNMENTS AND OF INTERNATIONAL ORGANIZATIONS. The income of foreign governments or international organizations received from investments in the United States in stocks, bonds, or other domestic securities, owned by such foreign governments or by international organizations, or from interest on deposits in banks in the United States of moneys belonging to such foreign governments or international organizations, or from any other source within the United States."

(b) Effective with respect to taxable years beginning after December 31, 1943, section 116 (h) (1), relating to the exclusion from gross income of amounts paid employees of foreign governments, is amended to read as follows:

(1) RULE FOR EXCLUSION.- -Wages, fees, or salary of any employee of a foreign government or of an international organization or of the Commonwealth of the Philippines (including a consular or other officer, or a nondiplomatic representstive), received as compensation for official services to such government, international organization, or such Commonwealth

"(A) If such employee is not a citizen of the United States, or is a citizen of the Commonwealth of the Philippines (whether or not a citizen of the United States); and

"(B) If, in the case of an employee of a foreign government or of the Commonwealth of the Philippines, the services are of a character similar to those performed by employees of the Government of the United States in foreign countries or in the Commonwealth of the Philippines, as the case may be; and

(C) If, in the case of an employee of a foreign government or the Commonwealth of the Philippines, the foreign government or the Commonwealth grants an equivalent exemption to employees of the Government of the United States performing similar services in such foreign country or such Commonwealth, as the case may be."

(c) Effective January 1, 1946, section 1426 (b), defining the term "employ ment" for the purposes of the Federal Insurance Contributions Act, is amended (1) by striking out the word "or" at the end of paragraph (14), (2) by striking out the period at the end of paragraph (15) and inserting in lieu thereof a semicolon and the word "or", and (3) by inserting at the end of the subsection the following new paragraph:

"(16) Service performed in the employ of an international organization." (d) Effective January 1, 1946, section 1607 (c), defining the term "employment" for the purposes of the Federal Unemployment Tax Act, is amended (1) by striking out the word "or" at the end of paragraph (14), (2) by striking out the period at the end of paragraph (15) and inserting in lieu thereof a semicolon and the word "or", and (3) by inserting at the end of the subsection the following new paragraph:

"(16) Service performed in the employ of an international organization.” (e) Section 1621 (a) (5), relating to the definition of "wages" for the purpose of collection of income tax at the source, is amended by inserting after the words "foreign government" the words "or an international organization".

(f) Section 3466 (a), relating to exemption from communications taxes is amended by inserting immediately after the words "the District of Columbia" a comma and the words "or an international organization”.

(g) Section 3469 (f) (1), relating to exemption from the tax on transportation of persons, is amended by inserting immediately after the words "the District of Columbia" a comma and the words "or an international organization".

(h) Section 3475 (b) (1), relating to exemption from the tax on transportation of property, is amended by inserting immediately after the words "the District of Columbia" a comma and the words "or an international organization."

(i) Section 3797 (a), relating to definitions, is amended by adding at the end thereof a new paragraph as follows:

“(18) INTERNATIONAL ORGANIZATION.—The term 'international organization' means a public international organization entitled to enjoy privileges, exemptions, and immunities as an international organization under the International Organizations Immunities Act."

SEC. 5. (a) Effective January 1, 1946, section 209 (b) of the Social Security Act, defining the term "employment" for the purposes of title II of the Act, is amended (1) by striking out the word "or" at the end paragraph (14), (2) by striking out the period at the end of paragraph (15) and inserting in lieu thereof a semicolon and the word "or", and (3) by inserting at the end of the subsection the following new paragraph:

"(16) Service performed in the employ of an international organization entitled to enjoy privileges, exemptions, and immunities as an international organization under the International Organizations Immunities Act.'

(b) No tax shall be collected under title VIII or IX of the Social Security Act or under the Federal Insurance Contributions Act or the Federal Unemployment Tax Act, with respect to services rendered prior to January 1, 1946, which are described in paragraph (16) of sections 1426 (b) and 1607 (c) of the Internal Revenue Code, as amended, and any such tax heretofore collected (including penalty and interest with respect thereto, if any) shall be refunded in accordance with the provisions of law applicable in the case of erroneous or illegal collection of the tax. No interest shall be allowed or paid on the amount of any such refund. No payment shall be made under title II of the Social Security Act with respect to services rendered prior to January 1, 1946, which are described in paragraph (16) of section 209 (b) of such Act, as amended.

SEC. 6. International organizations shall be exempt from all property taxes imposed by, or under the authority of, any Act of Congress, including such Acts as are applicable solely to the District of Columbia or the Territories.

SEC. 7. (a) Persons designated by foreign governments to serve as their representatives in or to international organizations and the officers and employees of such organizations, and members of the immediate families of such representatives, officers, and employees residing with them, other than nationals of the United States, shall, insofar as concerns laws regulating entry into and departure from the United States, alien registration and fingerprinting, and the registration of foreign agents, be entitled to the same privileges, exemptions, and immunities as are accorded under similar circumstances to officers and employees, respectively, of foreign governments, and members of their families.

(b) Representatives of foreign governments in or to international organizations and officers and employees of such organizations shall be immune from suit and legal process relating to acts performed by them in their official capacity and falling within their functions as such representatives, officers, or employees except insofar as such immunity may be waived by the foreign government or international organization concerned.

(c) Section 3 of the Immigration Act approved May 26, 1924, as amended (U. S. C., title 8, sec. 203), is hereby amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: "and (7) a representative of a foreign government in or to an international organization entitled to enjoy privileges, exemptions, and immunities as an international organization under the International Organizations Immunities Act, or an alien officer or employee of such an international organization, and the family, attendants, servants, and employees of such a representative, officer, or employee".

(d) Section 15 of the Immigration Act approved May 26, 1924, as amended (U. S. C., title 8, sec. 215), is hereby amended to read as follows:

"SEC. 15 The admission to the United States of an alien excepted from the class of immigrants by clause (1), (2), (3), (4), (5), (6), or (7) of section 3, or declared to be a nonquota immigrant by subdivision (e) of section 4, shall be for such time and under such conditions as may be by regulations prescribed (including, when deemed necessary for the classes mentioned in clause (2), (3), (4), or (6) of section 3 and subdivision (e) of section 4, the giving of bond with sufficient surety, in such sum and containing such conditions as may be by regulations