104th CONGRESS
1st Session
 H. R. XX



IN THE HOUSE OF REPRESENTATIVES

Mr. Livingston introduced the following bill; which was referred to the 
Committee on XXXXXXXXXXXXXXX


A BILL
To improve the national security of the United States.
  Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, 
SECTION 1. SHORT TITLE.
  This Act may be cited as the ``National Security Act of 1995''.
SEC. 2. PURPOSE AND FINDINGS.
  (a) Purpose.--The purpose of this Act is to ensure adequate resources 
to protect the national security of the United States. To accomplish 
this purpose, Congress should--
  (1) realistically assess United States military needs and reverse the 
downward spiral of defense spending;
  (2) rapidly provide the American people, United States forces, and 
United States allies with a capable defense against missile attacks;
  (3) restrict deployment of United States troops to missions that are 
in the national interest of the United States;
  (4) maintain command and control by United States personnel of United 
States forces participating in multinational operations and reform the 
financial and operational relationship between the United States and the 
United Nations; and
  (5) reemphasize the commitment of the United States to a strong and 
viable NATO; 
  (b) Findings.--Congress finds the following:
  (1) Since January 1993, presidential budgets and budget plans have set 
forth a reduction in defense spending of $156,000,000,000 through fiscal 
year 1999.
  (2) The fiscal year 1995 budget is the 10th consecutive year of 
reductions in defense spending and, with the exception of 1948, is 
projected to represent the lowest percentage of gross domestic product 
for any defense budget since before World War II.
  (3) During fiscal year 1995, active duty, reserve component, and 
civilian personnel of the Department of Defense will be reduced by 
180,000 people, a rate of 15,000 per month or 500 per day. The Bureau of 
Labor Statistics estimates that 1,200,000 defense-related private sector 
jobs will be lost by 1997
  (4) Despite severe reductions and shortfalls in defense funding and 
force structure, since 1993 United States military forces have been 
deployed more often and committed to more missions per year than ever 
before. Most of these missions involve United Nations peacekeeping and 
humanitarian efforts. Over 70,000 United States personnel are currently 
serving in such regions as Iraq, Bosnia, Macedonia, the Adriatic Sea, 
Rwanda, and the Caribbean Sea for missions involving Haiti and Cuba.
  (5) United Nations assessments to the United States for peacekeeping 
missions will total almost $1,500,000,000 in 1994. The United States 
pays 31.7 percent of annual United Nations costs for peacekeeping and 
other United Nations missions. The next highest contributor, Japan, only 
pays 12.5 percent. The Department of Defense also incurs hundreds of 
millions of dollars in cost every year for United States military 
participation in United Nations peacekeeping or humanitarian missions, 
most of which are not reimbursed by the United Nations. For fiscal year 
1994, these Department of Defense costs will total over $1,200,000,000.
  (6) A return to the ``hollow forces'' of the 1970s has already begun. 
Navy aircraft squadrons have been fully or partially grounded because of 
unexpected requirements to provide resources for new commitments. 
Department of Defense policy affecting personnel deployment is 
constantly violated. Marine and naval personnel are not maintaining the 
standard 12 to 18 month respite between six month deployments away from 
home. Marine Corps units are spending up to two of their first four 
years away from their base camps.
  (7) Military pay is approximately 12 percent below comparable civilian 
levels and documented reports estimate that nearly 55,000 active duty 
personnel and their families in the United States are eligible for food 
stamps. The Department of Defense will soon begin providing 
supplementary food benefits to an estimated 11,000 military dependents 
assigned overseas.
  (8) Defense programs to maintain the technology edge of the United 
States over other nations are being delayed or canceled in an attempt to 
prevent the further erosion of military force readiness.
  (9) The centerpiece of the Administration's defense strategy, the 
Bottom Up Review, reduces Navy ships by one-third, Air Force wings by 
almost one-half, missile defense funding by a billion dollars annually, 
and the General Accounting Office has reported that even the restrictive 
Bottom Up Review could be underfunded by $150,000,000,000.
  (10) The Administration has initially agreed to or proposed treaty 
limitations that prohibit the United States from testing or deploying 
our most effective missile defense systems.
SEC. 3. MISSILE DEFENSE.
  (a) Purpose.--It shall be the policy of the United States to--
  (1) deploy at the earliest possible moment an antiballistic missile 
system that is capable of providing a highly effective defense of the 
United States against ballistic missile attacks; and
  (2) provide at the earliest possible moment highly effective theater 
missile defenses (TMDs) to forward-deployed and expeditionary elements 
of the Armed Forces of the United States and to friendly forces and 
allies of the United States.
  (b) Actions of the Secretary of Defense.--(1) The Secretary of Defense 
shall develop for deployment at the earliest possible date a cost-
effective, operationally effective antiballistic missile system designed 
to protect the United States against ballistic missile threats, 
including accidental or unauthorized launches of attacks from ``third 
world '' nations.
  (2) The Secretary of Defense shall develop for deployment at the 
earliest possible moment advanced theater missile defense systems.
  (3) Within 60 days after the date of the enactment of this Act, the 
Secretary of Defense shall submit to the Committees on Armed Services 
and the Committees on Appropriations of the Senate and House of 
Representatives a plan for the deployment of theater missile defense 
systems and an antiballistic missile system pursuant to paragraphs (1) 
and (2).
SEC. 4. COMMISSION ON NATIONAL SECURITY AND DEPARTMENT OF DEFENSE FORCE 
STRUCTURE AND READINESS FUNDING SHORTFALLS.
  (a) Establishment.--There is hereby established a Commission on 
National Security and Department of Defense Force Structure and 
Readiness Funding Shortfalls (hereinafter in this section referred to as 
the ``Commission'').
  (b) Composition.--(1) The Commission shall be composed of 12 members, 
appointed as follows:
  (A) Four members shall be appointed by the President.
  (B) Four members shall be appointed by the Speaker of the House of 
Representatives in consultation with the minority leader of the House of 
Representatives.
  (C) Four members shall be appointed by the President pro tempore of 
the Senate upon the recommendation of the majority leader and the 
minority leader of the Senate.
  (2) The members of the Commission shall be appointed from among 
persons having knowledge and experience in defense and foreign policy.
  (3) Members of the Commission shall be appointed for the life of the 
Commission. A vacancy on the Commission shall not affect its powers, but 
shall be filled in the same manner as the original appointment was made.
  (4) The members of the Commission shall be appointed not later than 21 
days after the enactment of this Act. The Commission shall convene its 
first meeting to carry out its duties under this section 14 days after 
seven members of the Commission have been appointed.
  (5) The Chairman of the Commission shall be elected by and from the 
members of the Commission.
  (c) Duties.--The Commission, in conjunction with the Joint Working 
Group, shall first assess, report on, and issue funding recommendations 
within 90 days regarding the immediate supplemental funding needs in the 
current fiscal year for the Department of Defense to--
  (1) restore the readiness and operating funds for Haiti operations;
  (2) restore military pay raise shortfalls;
  (3) restore operating funds to maintain troop deployments that are not 
longer than 6 months;
  (4) restore readiness related procurement funding (spares, etc.) and 
operating funds to prevent flying squadrons from being grounded and 
training curtailed.
  (d) Additional Duties.--To meet and improve the long-term national 
security needs of the United States, the Commission shall conduct a 
comprehensive review of our Nation's defense strategy, force structure, 
modernization, and infrastructure needs. This comprehensive review shall 
also report on and issue recommendations to--
  (1) provide our service personnel annual pay raises and other 
compensation to prevent them from having to receive food stamps;
  (2) fully fund cost-effective missile defense systems that are 
deployable within 7 to 9 years;
  (3) accurately identify and restore the Administration's five year 
defense plan and force structure funding shortfalls;
  (4) restore funding to service readiness and operating accounts, but 
not at the expense of modernization programs;
  (5) define policies for committing troops to new peacekeeping, peace 
enforcement, or humanitarian missions;
  (6) fully assess the force structure and investment funding needed to 
wage two major regional conflicts simultaneously;
  (7) provide a stronger role for Guard and Reserve forces; 
  (8) provide a new funding system to avoid raids on service operations 
accounts to pay for deployments such as Haiti and Rwanda; and
  (9) maintain modernization funding and ``cutting edge'' technology 
driven defense programs.

  (e) Joint Chiefs of Staff.--To assist it in carrying out its duties 
with respect to the matters listed in subsection (d), the Commission 
shall obtain a study from the Joint Chiefs of Staff on these matters.
  (f) Establishment of Joint Working Group.--To assist it in carrying 
out its duties with respect to the matter listed in paragraph (5) of 
subsection (d), the President shall establish a joint working group 
comprised of the National Security Advisor, the Secretary of State, and 
the Director of the Central Intelligence Agency, or their designees, who 
shall provide specific recommendations regarding such policies.
  (g) Report.--(1) The Commission shall submit to the President and the 
relevant congressional committees a final report on the assessments and 
recommendations referred to in subsection (c) and in subsection (d) not 
later than May 1, 1996. The report shall be submitted in unclassified 
and classified versions.
  (2) The Commission shall provide the President and the relevant 
congressional committees reports on a quarterly basis which elaborate on 
the Commission's progress in fulfilling its duties under subsection (d) 
and on the use of the funds available to the Commission.
  (3) For the purposes of this section, the term ``relevant 
congressional committees'' means the Committees on Appropriations and 
Armed Services of the Senate and House of Representatives, the Committee 
on Foreign Relations of the Senate, the Committee on Foreign Affairs of 
the House of Representatives, the Select Committee on Intelligence of 
the Senate, and the Permanent Select Committee on Intelligence of the 
House of Representatives.
  (h) Powers.--(1) The Commission may, for the purpose of carrying out 
this section, conduct such hearings, sit and act at such times, take 
such testimony, and receive such evidence, as the Commission considers 
appropriate.
  (2) The Commission may secure directly from any department or agency 
of the Federal Government such information, relevant to its duties under 
this section, as may be necessary to carry out such duties. Upon request 
of the Chairman of the Commission, the head of the department or agency 
shall, to the extent permitted by law, furnish such information to the 
Commission.
  (3) The Commission may use the United States mails in the same manner 
and under the same conditions as the departments and agencies of the 
Federal Government.
  (4) The Secretary of Defense shall provide to the Commission such 
reasonable administrative and support services as the Commission may 
request. The Secretary shall provide similar services to the joint 
working group established under subsection (e) as the working group may 
request.
  (i) Commission Procedures.--(1) The Commission shall meet on a regular 
basis (as determined by the Chairman) and at the call of the Chairman or 
a majority of its members.
  (2) A majority of the members of the Commission shall constitute a 
quorum for the transaction of business.
  (j) Personnel Matters.--(1) Each member of the Commission shall serve 
without compensation, but shall be allowed travel expenses including per 
diem in lieu of subsistence, as authorized by section 5703 of title 5, 
United States Code, when engaged in the performance of Commission 
duties.
  (2) The Commission shall appoint a staff director, who shall be paid 
at a rate not to exceed the maximum rate of basic pay under section 5376 
of title 5, United States Code, and such professional and clerical 
personnel as may be reasonable and necessary to enable the Commission to 
carry out its duties under this section without regard to the provisions 
of title 5, United States Code, governing appointments in the 
competitive service, and without regard to the provisions of chapter 51 
and subchapter III of chapter 53 of such title, or any other provision 
of law, relating to the number, classification, and General Schedule 
rates. No employee appointed under this paragraph (other than the staff 
director) may be compensated at a rate to exceed the maximum rate 
applicable to level 15 of the General Schedule.
  (3) Upon request of the Chairman of the Commission, the head of any 
department or agency of the Federal Government is authorized to detail, 
without reimbursement, any personnel of such department or agency to the 
Commission to assist the Commission in carrying out its duties under 
this section. The detail of any such personnel may not result in the 
interruption or loss of civil service status or privilege of such 
personnel.
  (k) Termination of the Commission.--The Commission shall terminate 
upon submission of the final report required by subsection (g).
  (l) Appropriations.--Of the funds available to the Department of 
Defense, $1,500,000 shall be made available to the Commission to carry 
out the provisions of this section.
SEC. 5. RESTRICTION ON MULTINATIONAL AND UNITED NATIONS COMMAND OF 
UNITED STATES FORCES.
  (a) Limitation.--Except as provided in subsection (b), funds 
appropriated or otherwise made available for the Department of Defense 
may not be obligated or expended for activities of any element of the 
Armed Forces that after the date of the enactment of this Act is placed 
under the operational control of a foreign national acting on behalf of 
a multinational force or organization.
  (b) Certification.--Subsection (a) shall not apply in the case of any 
proposed placement of United States Armed Forces under such operational 
control if, before such operational control is to become effective, the 
President certifies to Congress that such operational control is 
necessary to protect vital national security interests of the United 
States.
  (c) Report.--Within 10 days after a certification is made under 
subsection (b), the President shall submit to the Congress a report 
setting forth the following:
  (1) A description of the vital national security interest that 
requires the placement of United States Armed Forces under the 
operational control of a foreign national acting on behalf of a 
multinational force or organization.
  (2) The mission and objectives of the United States Armed Forces 
involved, and an estimate of the duration of the period during which the 
United States Armed Forces involved will serve under such foreign 
operational control.
  (3) The expected size and composition of the United States Armed 
Forces involved.
  (4) The incremental cost to the United States associated with the 
proposed operation.
  (5) The precise command and control relationship between the United 
States Armed Forces involved and the multinational force or 
organization.
  (6) The precise command and control relationship between the United 
States Armed Forces involved and the commander of the United States 
unified command for the region in which the operation is proposed.
  (7) The extent to which the United States Armed Forces involved will 
rely on non-United States military forces for security and self-defense 
and an assessment on the ability of those forces to provide adequate 
security to the United States Armed Forces involved.
  (d) Classification of Report.--A report under subsection (c) shall be 
submitted in unclassified form and, if necessary, in classified form.
SEC. 6. LIMITATION ON PLACEMENT OF UNITED STATES ARMED FORCES UNDER 
FOREIGN CONTROL FOR A UNITED NATIONS PEACEKEEPING ACTIVITY.
  Section 6 of the United Nations Participation Act (22 U.S.C. 287d) is 
amended to read as follows:
  ``Sec. 6. (a) Any special agreement or agreements negotiated by the 
President with the Security Council providing for the numbers and types 
of United States Armed Forces, their degree of readiness and general 
locations, or the nature of facilities and assistance, including rights 
of passage, to be made available to the Security Council for the purpose 
of maintaining international peace and security in accordance with 
Article 43 of the United Nations Charter, shall be subject to the 
approval of the Congress by Act or joint resolution.
  ``(b) The President may not subordinate to the command or operational 
control of any foreign national any element of the United States Armed 
Forces participating in any United Nations peacekeeping activity unless-
  ``(1) the President satisfies the requirements of subsection (c); or
  ``(2) the Congress enacts an Act or joint resolution specifically 
authorizing such subordination.
  ``(c)(1) The requirements referred to in subsection (b)(1) are that 
the President submit to the appropriate congressional committees (at the 
time specified in paragraph (2) of this subsection) the following 
documents:
  ``(A) A determination by the President that--
  ``(i) the proposed subordination of United States Armed Forces to 
foreign command is in the national security interest of the United 
States;
  ``(ii) the unit commanders of the United States Armed Forces proposed 
for subordination to the command of foreign nationals will at all times 
retain the ability to report independently to higher United States 
military authorities;
  ``(iii) the United States will retain authority to withdraw the United 
States Armed Forces from the United Nations peacekeeping activity at any 
time and to take action it considers necessary to protect those forces 
if they are endangered; and
  ``(iv) the United States Armed Forces subordinated to the command of 
foreign nationals will at all times remain under United States 
administrative command for such purposes as discipline and evaluation.
  ``(B) The justification for the determination made pursuant to 
subparagraph (A)(i).
  ``(C) A memorandum of legal points and authorities explaining why the 
proposed foreign command arrangement does not violate the Constitution.
  ``(2) The documents described in paragraph (1) shall be submitted to 
the appropriate congressional committees not less than 15 days before 
any element of the United States Armed Forces is subordinated to the 
command and control of a foreign national, except that if the President 
determines that an emergency exists which prevents compliance with the 
requirement that notice be provided 15 days in advance, those documents 
shall be submitted in a timely manner but no later than 48 hours after 
such subordination.  
  ``(d) Except as authorized in section 7 of this Act, nothing contained 
in this Act shall be construed as an authorization to the President by 
the Congress to make available to the Security Council United States 
Armed Forces, facilities, or assistance.''.
SEC. 7. REDUCTION OF UNITED NATION ASSESSMENTS TO THE UNITED STATES FOR 
PEACEKEEPING OPERATIONS, CREDIT FOR UNITED STATES DEPARTMENT OF DEFENSE 
EXPENDITURES IN SUPPORT OF UNITED NATIONS PEACEKEEPING OPERATIONS, AND 
REFORM OF THE UNITED NATIONS PARTICIPATION ACT OF 1945.
  (a) Credit Against Assessment for United States Expenditures in 
Support of United Nations Peacekeeping Operations.--
  (1) Annual Report.--The President shall, at the time of submission of 
the budget to Congress for any fiscal year, submit to the appropriate 
committees of Congress a report on the total amount of funds 
appropriated for national defense purposes for any fiscal year after 
fiscal year 1994 that were expended during the preceding fiscal year to 
support or participate in, directly or indirectly, United Nations 
peacekeeping activities. Such report shall include a breakdown by United 
Nations peacekeeping operation of the amount of funds expended to 
support or participate in each such operation.
  (2) Limitation.--In each fiscal year beginning with fiscal year 1996, 
funds may be obligated or expended for payment to the United Nations of 
the United States assessed share of peacekeeping operations for that 
fiscal year only to the extent that such assessed share exceeds the 
total amount identified in the report submitted pursuant to subsection 
(a) for the preceding fiscal year, reduced by the amount of any 
reimbursement or credit to the United States by the United Nations for 
the costs of United States support for, or participation in, United 
Nations peacekeeping activities for that fiscal year.
  (3) Definitions.--As used in this subsection:
  (A) The term ``United Nations peacekeeping activities'' means any 
international peacekeeping, peacemaking, peace-enforcing, or similar 
activity that is authorized by the United Nations Security Council under 
chapter VI or VII of the United Nations Charter.
  (B) The term ``appropriate committees of Congress'' means--
  (i) the Committee on Armed Services, the Committee on Appropriations, 
and the Committee on Foreign Affairs of the House of Representatives; 
and
  (ii) the Committee on Armed Services, the Committee on Appropriations, 
and the Committee on Foreign Relations of the Senate.
  (b) Notice to Congress of Proposed United Nations Peacekeeping 
Activities.--Section 4 of the United Nations Participation Act of 1945 
(22 U.S.C. 287b) is amended--
  (1) by striking the second sentence;
  (2) by inserting ``(a)'' before ``The President''; and
  (3) by adding at the end the following:
  ``(b)(1) Except as provided in paragraph (2), at least 15 days before 
any vote in the Security Council to authorize any United Nations 
peacekeeping activity or any other action under the Charter of the 
United Nations (including any extension, modification, suspension, or 
termination of any previously authorized United Nations peacekeeping 
activity or other action) which would involve the use of United States 
Armed Forces or the expenditure of United States funds, the President 
shall submit to the appropriate congressional committees a notification 
with respect to the proposed action. The notification shall include the 
following:
  ``(A) A description of any anticipated involvement of United States 
Armed Forces.
  ``(B) A cost assessment of such action (including the total estimated 
cost and the United States share of such cost).
  ``(C) The mission and objectives of United States Armed Forces that 
would participate in such action.
  ``(D) The duration and estimated termination date of the action.
  ``(E) The source of funding for the United States share of the costs 
of the action (whether in an annual budget request, reprogramming 
notification, a budget amendment, or a supplemental budget request).
  ``(2) If the President determines that an emergency exists which 
prevents submission of the 15-day advance notification specified in 
paragraph (1) and that the proposed action is in the national security 
interests of the United States, the notification described in paragraph 
(1) shall be provided in a timely manner but no later than 48 hours 
after the vote by the Security Council.''.
  (c) Transmittal to Congress of United Nations Resolutions and 
Reports.--Section 4 of the United Nations Participation Act of 1945 (22 
U.S.C. 287b), as amended by subsection (b), is further amended by adding 
at the end the following:
  ``(c)(1) Not later than 24 hours after adoption by the Security 
Council of a resolution authorizing United Nations peacekeeping 
activities or any other action under the Charter of the United Nations 
(including any extension, modification, suspension, or termination of 
any previously authorized United Nations peacekeeping activity or other 
action) which would involve the use of United States Armed Forces or the 
expenditure of United States funds, the Permanent Representative shall 
transmit the text of such resolution and any supporting documentation to 
the appropriate congressional committees.
  ``(2) The Permanent Representative shall promptly transmit to the 
appropriate congressional committees any report prepared by the United 
Nations containing an assessment of any proposed, ongoing, or concluded 
United Nations peacekeeping activity.''.
  (d) Notice to Congress Regarding contributions for United Nations 
Peacekeeping Activities.--Section 4 of the United Nations Participation 
Act of 1945 (22 U.S.C. 287b), as amended by subsections (b) and (c), is 
further amended by adding at the end the following: 
  ``(d)(1) Not later than 15 days after the United Nations submits a 
billing requesting a payment by the United States of any contribution 
for United Nations peacekeeping activities, the President shall so 
notify the appropriate congressional committees.
  ``(2) The President shall notify the appropriate congressional 
committees at least 15 days before the United States obligates funds for 
any assessed or voluntary contribution for United Nations peacekeeping 
activities, except that if the President determines that an emergency 
exists which prevents compliance with the requirement that such 
notification be provided 15 days in advance and that such contribution 
is in the national security interests of the United States, such 
notification shall be provided in a timely manner but no later than 48 
hours after such obligation.''.
  (e) Notice to Congress Regarding United States Assistance for United 
Nations Peacekeeping Activities.--Section 7 of the United Nations 
Participation Act of 1945 (22 U.S.C. 287d091) is amended--
  (1)  in subsection (a), by inserting ``other than subsection (e)(1)'' 
after ``any other law''; and
  (2) by adding at the end the following new subsection:
  ``(e)(1) Except as provided in paragraph (2), at least 15 days before 
any agency or entity of the United States Government makes available to 
the United Nations any assistance or facility to support or facilitate 
United Nations peacekeeping activities, the President shall so notify 
the appropriate congressional committees.
  ``(2) If the President determines that an emergency exists which 
prevents compliance with the requirement that notification be provided 
15 days in advance and that such contribution is in the national 
security interests of the United States, such notification shall be 
provided in a timely manner but no later than 48 hours after the 
assistance or facility is made available to the United Nations.
  ``(3) For purposes of this subsection, the term `assistance'--
  ``(A) means assistance of any kind, including logistical support, 
supplies, goods, or services (including command, control, communications 
or intelligence assistance and training), and the grant of rights of 
passage; and
  ``(B) includes assistance provided through in-kind contributions or 
through the provision of support, supplies, goods, or services on any 
terms, including on a grant, lease, loan, or reimbursable basis; but
  ``(C) does not include the payment of assessed or voluntary 
contributions.''.
  (f) United States Contributions to United Nations Peacekeeping 
Activities.--Section 4 of the United Nations Participation Act of 1945 
(22 U.S.C. 287b), as amended by subsections (b), (c), and (d), is 
further amended by adding at the end the following:
  ``(e)(1) The President shall, at the time of submission of his annual 
budget to Congress, submit a report to the Congress on the anticipated 
budget for the fiscal year for United States participation in United 
Nations peacekeeping activities.
  ``(2) The report required by paragraph (1) shall state--
  ``(A) the aggregate amount of funds available to the United Nations 
for that fiscal year, including assessed and voluntary contributions, 
which may be made available for United Nations peacekeeping activities; 
and
  ``(B) the aggregate amount of funds (from all accounts) and the 
aggregate costs of in-kind contributions that the United States proposes 
to make available to the United Nations for that fiscal year for United 
Nations peacekeeping activities.
  ``(3) The President shall include in the budget submission for fiscal 
year 1996 a projection of all United States costs for United Nations 
peacekeeping activities during each of fiscal years 1996, 1997, and 
1998, including costs of in-kind contributions and assessed and 
voluntary contributions.''.
  (g) Annual Reports on United States Contributions to United Nations 
Peacekeeping Activities.--Section 4 of the United Nations Participation 
Act of 1945 (22 U.S.C. 287b), as amended by subsections (b), (c), (d), 
and (f), is further amended by adding at the end the following:
  ``(f)(1) Not later than 90 days after the date of the enactment of 
this subsection and each year thereafter at the time of the President's 
budget submission to Congress, the Secretary of State, after 
consultation with the heads of other relevant Federal agencies 
(including the Secretary of Defense), shall submit to the appropriate 
congressional committees a report on United States contributions to 
United Nations peacekeeping activities.
  ``(2) Each such report shall include the following information:
  ``(A) The number and nature of ongoing United Nations peacekeeping 
activities.
  ``(B) The priority accorded to each ongoing United Nations 
peacekeeping activity, and the anticipated duration of each such 
activity.
  ``(C) An assessment of the effectiveness of each ongoing United 
Nations peacekeeping activity, its relationship to United States 
national security interests, and the efforts by the United Nations to 
resolve the relevant armed conflicts; and the projected termination 
dates for each such activity.
  ``(D) The total costs of each United Nations peacekeeping activity, 
both ongoing and concluded, and the total cost of all such activities.
  ``(E) The amount of United States assessed and voluntary contributions  
to each such activity, and the total of such contributions to all such 
activities. 
  ``(F) The incremental costs incurred by the Department of Defense for 
each such activity, and for all such activities.
  ``(G) Any other assistance made available by the United States for 
United Nations peacekeeping activities, specifying which assistance was 
provided on a reimbursable basis and which was provided on a 
nonreimbursable basis or on concessional terms. 
  ``(H) An assessment of the United Nations management and support for 
United Nations peacekeeping activities, including all recommendations 
for improvement made by the United States and any action to implement 
such recommendations by the United Nations.
  ``(I) A detailed description (including dollar amounts expended and 
credited) of efforts by the United States Government to seek and receive 
credit toward the United States assessment for United Nations 
peacekeeping activities for all United States assistance provided in 
support of United Nations peacekeeping objectives.
  ``(3) The first report submitted pursuant to this subsection shall 
include information with respect to costs and contributions for all 
United Nations peacekeeping activities since October 1945. Subsequent 
reports shall include such information for the immediately preceding 
fiscal year and (to the extent such information is available) for the 
then current fiscal year.''.
  (h) Reimbursement to the United States for In-Kind Contributions to 
United Nations Peacekeeping Activities.--Section 7 of the United Nations 
Participation Act of 1945 (22 U.S.C. 287d091), as amended by subsection 
(e), is further amended--
  (1) in subsection (b)--
  (A) by striking all that follows ``: Provided,'' through ``Provided 
further,'';
  (B) by adding at the end the following: ``The Secretary of Defense may 
waive the requirement for such reimbursement if the Secretary, after 
consultation with the Secretary of State and the Director of the Office 
of Management and Budget, determines that an emergency exists which 
justifies waiver of that requirement. Any such waiver shall be submitted 
to the appropriate congressional committees at least 15 days before it 
takes effect, except that if the President determines that an emergency 
exists which prevents compliance with the requirement that the 
notification be provided 15 days in advance and that the provision under 
subsection (a)(1) or (a)(2) of personnel or assistance on a 
nonreimbursable basis is in the national security interests of the 
United States, such notification shall be provided in a timely manner 
but no later than 48 hours after such waiver takes effect.''; and
  (2) by adding at the end the following new subsections:
  ``(f) In any fiscal year (beginning in fiscal year 1995), appropriated 
funds may not be used to pay any United States assessed or voluntary 
contribution for United Nations peacekeeping activities until the 
Secretary of Defense certifies to the Congress that the United Nations 
has reimbursed the Department of Defense directly for all goods and 
services that were provided to the United Nations by the Department of 
Defense on a reimbursable basis during the preceding fiscal year for 
United Nations peacekeeping activities, including personnel and 
assistance provided under this section (except to the extent that the 
authority of subsection (b) to waive the reimbursement requirement was 
exercised with respect to such personnel or assistance).
  ``(g)(1) The Secretary of State shall ensure that goods and services 
provided on a reimbursable basis by the Department of Defense to the 
United Nations for United Nations peacekeeping operations are reimbursed 
at the appropriate value, as determined by the Department of Defense. 
  ``(2) Not later than one year after the date of the enactment of this 
subsection, the Permanent Representative shall submit a report to the 
appropriate congressional committees on all actions taken by the United 
States mission to the United Nations to achieve the objective described 
in paragraph (1).''. 
  (i) Limitation on Use of Department of Defense Funds for United 
Nations Peacekeeping Activities.--Beginning October 1, 1995, funds made 
available to the Department of Defense (including funds for ``Operation 
and Maintenance'') shall be available for--
  (1) United States assessed or voluntary contributions for United 
Nations peacekeeping activities, or
  (2) the incremental costs associated with the participation of United 
States Armed Forces in United Nations peacekeeping activities,
only to the extent that the Congress has by law specifically made those 
funds available for such purposes.
  (j) Assessed Contributions for United Nations Peacekeeping 
Activities.--
  (1) Reassessment of contribution percentages.--The Permanent 
Representative should make every effort to ensure that the United 
Nations completes an overall review and reassessment of each nation's 
assessed contributions for United Nations peacekeeping activities. As 
part of the overall review and assessment, the Permanent Representative 
should make every effort to advance the concept that host governments 
and other governments in the region where a United Nations peacekeeping 
activity is carried out should bear a greater burden of its financial 
cost. 
  (2) United states contributions.--(A) The Permanent Representative 
should make every effort to obtain agreement by the United Nations to a 
United States assessed contribution for United Nations peacekeeping 
activities that is no greater a percentage of such contributions by all 
countries than the United States percentage share of assessed 
contributions for other United Nations activities.
  (B) The Congress declares that, effective for fiscal year 1996, it 
does not intend to make available funds for payment of United States 
assessed or voluntary contributions for United Nations peacekeeping 
activities that exceed 25 percent of the total amount of the assessed 
and voluntary contributions of all countries for such activities unless, 
after the date of the enactment of this Act, the Congress enacts a 
statute specifically authorizing a greater percentage contribution.
  (C) The Permanent Representative shall inform the Secretary General of 
the congressional intent expressed in subparagraph (B).
  (k) ``Buy America'' Requirement.--No funds may be obligated or 
expended to pay any United States assessed or voluntary contribution for 
United Nations peacekeeping activities unless the Secretary of State 
determines and certifies to the appropriate congressional committees 
that United States manufacturers and suppliers are being given 
opportunities to provide equipment, services, and material for such 
activities equal to those being given to foreign manufacturers and 
suppliers.
  (l) United States Personnel Taken Prisoner While Serving in 
Multilateral Peacekeeping Forces.--
  (1) Findings.--The Congress finds as follows:
  (A) Until recent years United States military personnel rarely served 
as part of multilateral forces under the United Nations or regional 
international organizations.
  (B) Despite infrequent service as part of multilateral forces, United 
States personnel, such as Colonel William Higgins in Lebanon, have been 
captured, tortured, and murdered.
  (C) In recent years, United States military personnel have served much 
more frequently as part of multilateral forces.
  (D) The capture and torture of Chief Warrant Officer Michael Durant in 
Somalia in October 1993 was a horrendous and recent example of the risk 
to United States personnel in multilateral forces.
  (E) Continued multilateral service increases the probability that 
United States military personnel will be captured and subject to 
mistreatment.
  (F) United States military personnel captured while serving as part of 
multilateral forces have not been treated as prisoners of war under the 
1949 Geneva Conventions and other international agreements intended to 
protect prisoners of war.
  (G) Failure of United States military personnel serving as part of a 
multilateral force to receive protection under international law 
increases the risk to personnel while serving in multinational forces.
  (2) Policy.--It is the sense of the Congress that--
  (A) the President should take immediate steps, unilaterally and in 
appropriate international bodies, to assure that any United States 
military personnel serving as part of a multilateral force who are 
captured are accorded the  protection accorded to prisoners of war; and
  (B) the President should also take all necessary steps to bring to 
justice all individuals responsible for any mistreatment, torture, or 
death of United States military personnel who are captured while serving 
in a multilateral force.
  (3) Report.--Each report submitted pursuant to section 4(f) of the 
United Nations Participation Act of 1945 (as added by subsection (g)), 
shall include a separate section setting forth--
  (A) the status under international law of members of multilateral 
peacekeeping forces, including the legal status of such personnel if 
captured, missing, or detained;
  (B) the extent of the risk for United States military personnel who 
are captured while participating in multinational peacekeeping forces in 
cases where their captors fail to respect the 1949 Geneva Conventions 
and other international agreements intended to protect prisoners of war; 
and
  (C) the specific steps that have been taken to protect United States 
military personnel participating in multinational peacekeeping forces, 
together (if necessary) with any recommendations for the enactment of 
legislation to achieve that objective.
  (m) Provision of Intelligence to the United Nations.--
  (1) Requirement for agreements.--The United States may provide 
intelligence to the United Nations only pursuant to a written agreement 
between the President and the Secretary General of the United Nations 
specifying--
  (A) the types of intelligence to be provided to the United Nations;
  (B) the circumstances under which intelligence may be provided to the 
United Nations; and
  (C) the procedures to be observed by the United Nations--
  (i) concerning who shall have access to the intelligence provided; and
  (ii) to protect the intelligence against disclosure not authorized by 
the agreement.
Any such agreement shall be effective for a period not to exceed one 
year from the date on which the agreement enters into force.
  (2) Advance notification to congress.--An agreement described in 
paragraph (1) shall be effective only if the President has transmitted 
the agreement to the Select Committee on Intelligence of the Senate and 
the Permanent Select Committee on Intelligence of the House of 
Representatives not less than 30 days in advance of the entry into force 
of the agreement.
  (3) Delegation of authority.--The President may delegate the authority 
and assign the duties of the President under this section only to the 
Secretary of Defense or the Director of Central Intelligence.
  (4) Exceptions.--Paragraph (1) shall not apply to the provision of 
intelligence--
  (A) only to and for the use of United States Government personnel 
serving with the United Nations; or
  (B) essential for the protection of nationals of the United States, 
including members of the United States Armed Forces and civilian 
personnel of the United States Government.
  (5) Existing law.--Nothing in this subsection shall be construed to--
  (A) impair or otherwise affect the authority of the Director of 
Central Intelligence to protect intelligence sources and methods from 
unauthorized disclosure pursuant to section 103(c)(5) of the National 
Security Act of 1947 (50 U.S.C. 403093(c)(5)); or
  (B) supersede or otherwise affect the provisions of--
  (i) title V of the National Security Act of 1947 (50 U.S.C. 
41309415); or
  (ii) section 112b of title 1, United States Code.
  (6) Effective date.--This subsection takes effect 60 days after the 
date of the enactment of this subsection.
  (n) United Nations Peacekeeping Budgetary and Management Reform.--
  (1) Withholding of contributions for united nations peacekeeping.--(A) 
At the beginning of each fiscal year (beginning with fiscal year 1996), 
50 percent of the amounts of funds made available for United States 
assessed contributions for United Nations peacekeeping activities shall 
be withheld from obligation and expenditure unless a certification has 
been made under paragraph (2).
  (B) For each fiscal year (beginning with fiscal year 1996), the United 
States may not pay any voluntary contribution for international 
peacekeeping activities unless a certification has been made under 
paragraph (2).
  (2) Certification.--The certification referred to in paragraph (1) is 
a certification by the President to Congress that--
  (A) the United Nations has established an independent and objective 
Office of Inspector General to conduct and supervise audits, 
inspections, and investigations relating to the United Nations 
peacekeeping activities carried out by the United Nations;
  (B) the Secretary General of the United Nations has appointed an 
Inspector General, with the consent of the General Assembly, solely the 
basis of integrity and demonstrated ability in accounting, auditing, 
financial analysis, law, management analysis, public administration, or 
investigations;
  (C) the United Nations Office of Inspector General is authorized to--
  (i) make investigations and reports relating to the administration of 
the United Nations peacekeeping activities carried out by the United 
Nations;
  (ii) have access to all records and documents or other material 
available which relate to those activities; and
  (iii) have direct and prompt access to relevant officials of the 
United Nations, including any official of the United Nations 
Secretariat;
  (D) the United Nations Office of Inspector General is keeping the 
Secretary General and the members of the Security Council fully informed 
about problems, deficiencies, and the necessity for, and progress of, 
corrective action;
  (E) the United Nations has established measures to protect the 
identity of, and to prevent reprisals against, any staff member making a 
complaint or disclosing information to, or cooperating in any 
investigation or inspection by the Office of the Inspector General; and
  (F) the United Nations has enacted procedures to ensure compliance 
with Inspector General recommendations.
SEC. 8. RESTORATION OF BUDGET FIREWALLS FOR DEFENSE SPENDING.
  It is the sense of Congress that, when the annual long-term and 
accurate funding needs for the Department of Defense are determined by 
the Commission on National Security and Department of Defense Force 
Structure and Readiness Funding Shortfalls pursuant to section 4(d), the 
Congress should immediately enact legislation to establish through 
fiscal year 1999 so-called ``budget firewalls'' between defense and 
domestic discretionary spending.

SEC. 9. UNITED STATES POLICY WITH RESPECT TO THE NORTH ATLANTIC TREATY 
ORGANIZATION.
  (a) Short Title.--This section may be cited as the ``NATO 
Revitalization and Expansion Act of 1995''.
  (b) Findings.--The Congress makes the following findings:
  (1) For over 40 years, the North Atlantic Treaty Organization has 
helped guarantee the security, freedom, and prosperity of the United 
States and our partners in the alliance.
  (2) The North Atlantic Treaty Organization has expanded its membership 
on 3 different occasions since its founding in 1949.
  (3) The steadfast and sustained commitment of the member countries of 
the North Atlantic Treaty Organization to mutual defense against the 
threat of Communist domination played a significant role in 
precipitating the collapse of the Iron Curtain and the demise of the 
Soviet Union.
  (4) In the place of that threat, new security threats are emerging to 
the shared interests of the member countries of the North Atlantic 
Treaty Organization.
  (5) Although these new threats are more geographically and 
functionally diverse and less predictable, they still imperil shared 
interests of the United States and our North Atlantic Treaty 
Organization allies.
  (6) Western interests must be protected on a cooperative basis without 
an undue burden falling upon the United States.
  (7) The North Atlantic Treaty Organization is the only multilateral 
organization that is capable of conducting effective military operations 
to protect Western interests.
  (8) The valuable experience gained from ongoing military cooperation 
within the North Atlantic Treaty Organization was critical to the 
success of joint military operations in the 1991 liberation of Kuwait.
  (9) The North Atlantic Treaty Organization is an important diplomatic 
forum for discussion of issues of concern to its member states and for 
the peaceful resolution of disputes.
  (10) Admission of Central and East European countries that have 
recently been freed from Communist domination to the North Atlantic 
Treaty Organization could contribute to international peace and enhance 
the security of those countries.
  (11) A number of countries, including the Visegrad countries (the 
Czech Republic, Hungary, Poland, and Slovakia) and the Baltic states 
(Estonia, Latvia, and Lithuania), and Ukraine, have expressed interest 
in North Atlantic Treaty Organization membership.
  (12) In recognition of this interest, the ``Partnership for Peace'' 
proposal offers limited military cooperation to many European countries 
not currently members of the North Atlantic Treaty Organization, but 
fails to establish benchmarks or guidelines for eventual North Atlantic 
Treaty Organization membership.
  (13) In particular, Poland, Hungary, the Czech Republic, and Slovakia 
have made significant progress toward establishing democratic 
institutions, free market economies, civilian control of their armed 
forces, and the rule of law since the fall of their previous Communist 
governments.
  (c) United States Policy.--It should be the policy of the United 
States--
  (1) to continue our commitment to and active leadership role in the 
North Atlantic Treaty Organization;
  (2) to join with our North Atlantic Treaty Organization allies to 
redefine the role of the alliance in the post-Cold War world, taking 
into account--
  (A) the fundamentally changed security environment of Central and 
Eastern Europe,
  (B) the need to assure all countries of the defensive nature of the 
alliance and the desire of its members to work cooperatively with all 
former adversaries,
  (C) the emerging security threats posed by the proliferation of 
nuclear, chemical, and biological weapons of mass destruction and the 
means to deliver them,
  (D) the continuing challenges to the interests of all North Atlantic 
Treaty Organization member countries posed by unstable and undemocratic 
regimes harboring hostile intentions, and
  (E) the dependence of the global economy on a stable energy supply and 
the free flow of commerce;
  (3) to affirm that North Atlantic Treaty Organization military 
planning should include joint military operations beyond the geographic 
bounds of the alliance under Article 4 of the North Atlantic Treaty when 
the shared interests of the United States and other member countries 
require such action to defend vital interests;
  (4) that Poland, Hungary, the Czech Republic, and Slovakia should be 
in a position to further the principles of the North Atlantic Treaty and 
to contribute to the security of the North Atlantic area not later than 
January 10, 1999, 5 years from the date of the establishment of the 
Partnership for Peace, and, in accordance with Article 10 of such 
Treaty, should be invited to become full NATO members not later than 
that date, provided these countries--
  (A) meet appropriate standards, including--
  (i) shared values and interests,
  (ii) democratic governments,
  (iii) free market economies,
  (iv) civilian control of the military,
  (v) adherence to the values, principles, and political commitments 
embodied in the Helsinki Final Act of the Conference on Security and 
Cooperation in Europe, and
  (vi) commitment to further the principles of the North Atlantic Treaty 
Organization and to contribute to the security of the North Atlantic 
area; and
  (B) remain committed to protecting the rights of all their citizens 
and respecting the territorial integrity of their neighbors;
  (5) that the United States, other NATO member nations, and NATO itself 
should furnish appropriate assistance to facilitate the transition of 
Poland, Hungary, the Czech Republic, and Slovakia to full NATO 
membership not later than January 10, 1999; and
  (6) that other European countries, in particular the Baltic states 
(Estonia, Latvia, and Lithuania), and Ukraine, emerging from communist 
domination may be in a position at a future date to further the 
principles of the North Atlantic Treaty and to contribute to the 
security of the North Atlantic area, and at the appropriate time they 
should receive assistance to facilitate their transition to full NATO 
membership and should be invited to become full NATO members.
  (d) Authority for Program To Facilitate Transition to NATO 
Membership.--
  (1) In general.--The President may establish a program to assist the 
transition to full NATO membership of Poland, Hungary, the Czech 
Republic, Slovakia, and other European countries emerging from communist 
domination designated by the President pursuant to paragraph (5).
  (2) Conduct of program.--The program established under paragraph (1) 
shall facilitate the transition to full NATO membership of the countries 
described in such subsection by supporting and encouraging, inter alia--
  (A) joint planning, training, and military exercises with NATO forces;
  (B) greater interoperability of military equipment, air defense 
systems, and command, control, and communications systems; and
  (C) conformity of military doctrine.

  (3) Type of assistance.--In carrying out the program established under 
paragraph (1), the President may provide to the countries described in 
such subsection the following types of security assistance:
  (A) The transfer of excess defense articles under section 516 of 
Foreign Assistance Act of 1961, without regard to the restrictions in 
paragraphs (1) through (3) of subsection (a) of such section (relating 
to the eligibility of countries for such articles under such section).
  (B) The transfer of nonlethal excess defense articles under section 
519 of the Foreign Assistance Act of 1961, without regard to the 
restriction in subsection (a) of such section (relating to the 
justification of the foreign military financing program for the fiscal 
year in which a transfer is authorized).
  (C) Assistance under chapter 4 of part II of the Foreign Assistance 
Act of 1961 (relating to the Economic Support Fund).
  (D) Assistance under chapter 5 of part II of that Act (relating to 
international military education and training).
  (E) Assistance under section 23 of the Arms Export Control Act 
(relating to the ``Foreign Military Financing Program'').
  (4) Additional assistance.--In addition to the security assistance 
provided under paragraph (3), the President may, in carrying out the 
program established under paragraph (1), provide assistance from funds 
appropriated after the date of the enactment of this Act under the 
following accounts:
  (A) The ``Nonproliferation and Disarmament Fund'' account.   (B) The 
``Countries in Transition'' account.
  (5) Designation of other european countries emerging from communist 
domination.--The President may designate other European countries 
emerging from communist domination to receive assistance under the 
program established under paragraph (1) if the President determines and 
reports to the appropriate congressional committees that such countries-
  (A) have made significant progress toward establishing--
  (i) shared values and interests,
  (ii) democratic governments,
  (iii) free market economies,
  (iv) civilian control of the military,
  (v) adherence to the values, principles, and political commitments 
embodied in the Helsinki Final Act of the Conference on Security and 
Cooperation in Europe, and
  (vi) commitment to further the principles of the North Atlantic Treaty 
Organization and to contribute to the security of the North Atlantic 
area; and
  (B) are likely, within 5 years of such determination, to be in a 
position to further the principles of the North Atlantic Treaty and to 
contribute to the security of the North Atlantic area.
  (e) Reporting Requirement.--
  (1) In general.--Not later than one year after the date of enactment 
of this Act, and at least once every year thereafter, the President 
shall submit to the appropriate congressional committees a report on the 
implementation of this section.
  (2) Contents.--Each such report shall include--
  (A) an assessment of the progress made by Poland, Hungary, the Czech 
Republic, Slovakia, and other European countries emerging from communist 
domination designated by the President pursuant to section subsection 
(d)(5) toward meeting the standards for NATO membership set forth in 
Article 10 of the North Atlantic Treaty, including--
  (i) an assessment of the progress of such countries toward 
establishing--
  (I) shared values and interests,
  (II) democratic governments,
  (III) free market economies,
  (IV) civilian control of the military,
  (V) adherence to the values, principles, and political commitments 
embodied in the Helsinki Final Act of the Conference on Security and 
Cooperation in Europe, and
  (VI) commitment to further the principles of the North Atlantic Treaty 
Organization and to contribute to the security of the North Atlantic 
area; and
  (ii) the commitment of such countries to protecting the rights of all 
their citizens and respecting the territorial integrity of their 
neighbors;
  (B) a description of all assistance provided under the program 
established under section 4, or otherwise provided by the United States 
Government to facilitate the transition to full NATO membership of 
Poland, Hungary, the Czech Republic, Slovakia, and other European 
countries emerging from communist domination designated by the President 
pursuant to subsection (d)(5); and
  (C) a description of all assistance provided by other NATO member 
nations or NATO itself to facilitate the transition to full NATO 
membership of Poland, Hungary, the Czech Republic, Slovakia, and other 
European countries emerging from communist domination designated by the 
President pursuant to subsection (d)(5).
  (f) Definitions.--
  For purposes of this section, the following definitions apply:
  (1) Appropriate congressional committees.--The term ``appropriate 
congressional committees'' means the Committee on Foreign Affairs, the 
Committee on Armed Services, and the Committee on Appropriations of the 
House of Representatives and the Committee on Foreign Relations, the 
Committee on Armed Services, and the Committee on Appropriations of the 
Senate.
  (2) NATO.--The term ``NATO'' means the North Atlantic Treaty 
Organization.
  (3) Other european countries emerging from communist domination.--The 
term ``other European countries emerging from communist domination'' 
means--
  (A) any member of the Conference on Security and Cooperation in Europe 
located--
  (i) in the territory of the former Union of Soviet Socialist 
Republics; or
  (ii) in the territory of the former Socialist Federal Republic of 
Yugoslavia; or
  (B) Estonia, Latvia, Lithuania, Romania, Bulgaria, or Albania.