I

103D CONGRESS

2D SESSION H. R. 3744

To amend the United Nations Participation Act of 1945 to facilitate coordination between the executive and legislative branches of Government regarding United States participation in, or the use of United States funds

for, United Nations peacekeeping activities.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 26, 1994

Mr. HYDE (for himself, Mr. GILMAN, Mr. SPENCE, Mr. COMBEST, Ms.

SNOWE, and Mr. ROGERS) introduced the following bill; which was referred jointly to the Committees on Foreign Affairs, Armed Services, and

Permanent Select Committee on Intelligence

A BILL

To amend the United Nations Participation Act of 1945

to facilitate coordination between the executive and legislative branches of Government regarding United States

participation in, or the use of United States funds for,

United Nations peacekeeping activities.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Peace Powers Act of

5 1994’’.
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1 SEC. 2. STATEMENT OF PURPOSES.

2 The purposes of this Act are to—

3 (1) maintain and ensure the primacy of United

4 States national security interests with respect to

5 United States participation in and support for Unit6 ed Nations peacekeeping activities;

7 (2) strengthen congressional oversight of Unit8 ed Nations peacekeeping activities and other United

9 Nations activities;

10 (3) provide for advance notification to the Con11 gress regarding anticipated United Nations peace12 keeping activities;

13 (4) ensure that the United States contributions

14 to United Nations peacekeeping activities are fair

15 and equitable; and

16 (5) otherwise facilitate coordination between the

17 executive and legislative branches of Government re18 garding United States participation in and support

19 for United Nations peacekeeping activities.

20 SEC. 3. DEFINITIONS.

21 (a) AMENDMENT.—The United Nations Participation

22 Act of 1945 (22 U.S.C. 287–287e–1) is amended by add23 ing at the end the following new section:

24 ‘‘SEC. 10. For purposes of this Act—

25 ‘‘(1) the term ‘appropriate congressional com26 mittees’ means the Committee on Appropriations,
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1 the Committee on Armed Services, and the Commit2 tee on Foreign Relations of the Senate and the Com3 mittee on Appropriations, the Committee on Armed

4 Services, and the Committee on Foreign Affairs of

5 the House of Representatives;

6 ‘‘(2) the term ‘Permanent Representative’

7 means the Permanent Representative of the United

8 States to the United Nations appointed by the Presi9 dent pursuant to section 2 of this Act; and

10 ‘‘(3) the term ‘United Nations peacekeeping ac11 tivities’ means any international peacekeeping,

12 peacemaking, peace-enforcing, or similar activity in13 volving the use of nationals of member countries of

14 the United Nations that is authorized by the Secu15 rity Council under chapter VI or VII of the United

16 Nations Charter.’’.

17 (b) APPLICABILITY TO NONAMENDATORY PROVI18 SIONS.—The definitions contained in the amendment

19 made by subsection (a) also apply with respect to the pro20 visions of this Act that do not amend the United Nations

21 Participation Act of 1945.
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1 SEC. 4. LIMITATION ON PLACEMENT OF UNITED STATES

2 ARMED FORCES UNDER FOREIGN CONTROL

3 FOR A UNITED NATIONS PEACEKEEPING AC4 TIVITY.

5 Section 6 of the United Nations Participation Act (22

6 U.S.C. 287d) is amended to read as follows:

7 ‘‘SEC. 6. (a) Any special agreement or agreements ne8 gotiated by the President with the Security Council pro9 viding for the numbers and types of United States Armed

10 Forces, their degree of readiness and general locations, or

11 the nature of facilities and assistance, including rights of

12 passage, to be made available to the Security Council for

13 the purpose of maintaining international peace and secu14 rity in accordance with Article 43 of the United Nations

15 Charter, shall be subject to the approval of the Congress

16 by Act or joint resolution.

17 ‘‘(b) The President may not subordinate to the com18 mand or operational control of any foreign nationals any

19 element of the United States Armed Forces participating

20 in any United Nations peacekeeping activity unless—

21 ‘‘(1) the President satisfies the requirements of

22 subsection (c); or

23 ‘‘(2) the Congress enacts an Act or joint resolu24 tion specifically authorizing such subordination.

25 ‘‘(c)(1) The requirements referred to in subsection

26 (b)(1) are that the President submit to the appropriate
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1 congressional committees (at the time specified in para2 graph (2) of this subsection) the following documents:

3 ‘‘(A) A determination by the President that—

4 ‘‘(i) the proposed subordination of United

5 States Armed Forces to foreign command is in

6 the national security interest of the United

7 States;

8 ‘‘(ii) the unit commanders of the United

9 States Armed Forces proposed for subordina10 tion to the command of foreign nationals will at

11 all times retain the ability to report independ12 ently to higher United States military authori13 ties;

14 ‘‘(iii) the United States will retain author15 ity to withdraw the United States Armed

16 Forces from the United Nations peacekeeping

17 activity at any time and to take action it deems

18 necessary to protect those forces if they are en19 dangered; and

20 ‘‘(iv) the United States Armed Forces sub21 ordinated to the command of foreign nationals

22 will at all times remain under United States ad23 ministrative command for such purposes as dis24 cipline and evaluation.
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1 ‘‘(B) The justification for the determination

2 made pursuant to subparagraph (A)(i).

3 ‘‘(C) A memorandum of legal points and au4 thorities explaining why the proposed foreign com5 mand arrangement does not violate the Constitution

6 of the United States.

7 ‘‘(2) The documents described in paragraph (1) shall

8 be submitted to the appropriate congressional committees

9 not less than 15 days before any element of the United

10 States Armed Forces is subordinated to the command and

11 control of a foreign national, except that if the President

12 determines that an emergency exists which prevents com13 pliance with the requirement that notice be provided 15

14 days in advance, those documents shall be submitted in

15 a timely manner but no later than 48 hours after such

16 subordination.

17 ‘‘(d) Except as authorized in section 7 of this Act,

18 nothing contained in this Act shall be construed as an au19 thorization to the President by the Congress to make

20 available to the Security Council United States Armed

21 Forces, facilities, or assistance.’’.

22 SEC. 5. NOTICE TO CONGRESS OF PROPOSED UNITED NA23 TIONS PEACEKEEPING ACTIVITIES.

24 Section 4 of the United Nations Participation Act of

25 1945 (22 U.S.C. 287b) is amended—
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1 (1) by striking the second sentence;

2 (2) by inserting ‘‘(a)’’ before ‘‘The President’’;

3 and

4 (3) by adding at the end the following:

5 ‘‘(b)(1) Except as provided in paragraph (2), at least

6 15 days before any vote in the Security Council to author7 ize any United Nations peacekeeping activity or any other

8 action under the Charter of the United Nations (including

9 any extension, modification, suspension, or termination of

10 any previously authorized United Nations peacekeeping

11 activity or other action) which would involve the use of

12 United States Armed Forces or the expenditure of United

13 States funds, the President shall submit to the appro14 priate congressional committees a notification with respect

15 to the proposed action. This notification shall include a

16 description of any anticipated involvement of United

17 States Armed Forces, a cost assessment of such action

18 (including the total estimated cost and the United States

19 share of such cost), the mission and objectives of United

20 States Armed Forces that would participate in such ac21 tion, the duration and estimated termination date of the

22 action, and the source of funding for the United States

23 share of the costs of the action (whether in an annual

24 budget request, reprogramming notification, a budget

25 amendment, or a supplemental budget request).
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1 ‘‘(2) If the President determines that an emergency

2 exists which prevents submission of the 15-day advance

3 notification specified in paragraph (1) and that the pro4 posed action is in the national security interests of the

5 United States, the notification described in paragraph (1)

6 shall be provided in a timely manner but no later than

7 48 hours after the vote by the Security Council.’’.

8 SEC. 6. TRANSMITTAL TO CONGRESS OF UNITED NATIONS

9 RESOLUTIONS AND REPORTS.

10 Section 4 of the United Nations Participation Act of

11 1945 (22 U.S.C. 287b), as amended by section 5 of this

12 Act, is further amended by adding at the end the follow13 ing:

14 ‘‘(c)(1) Not later than 24 hours after adoption by the

15 Security Council of a resolution authorizing United Na16 tions peacekeeping activities or any other action under the

17 Charter of the United Nations (including any extension,

18 modification, suspension, or termination of any previously

19 authorized United Nations peacekeeping activity or other

20 action) which would involve the use of United States

21 Armed Forces or the expenditure of United States funds,

22 the Permanent Representative shall transmit the text of

23 such resolution and any supporting documentation to the

24 appropriate congressional committees.
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1 ‘‘(2) The Permanent Representative shall promptly

2 transmit to the appropriate congressional committees any

3 report prepared by the United Nations containing an as4 sessment of any proposed, ongoing, or concluded United

5 Nations peacekeeping activity.’’.

6 SEC. 7. NOTICE TO CONGRESS REGARDING CONTRIBU7 TIONS FOR UNITED NATIONS PEACEKEEPING

8 ACTIVITIES.

9 Section 4 of the United Nations Participation Act of

10 1945 (22 U.S.C. 287b), as amended by sections 5 and

11 6 of this Act, is further amended by adding at the end

12 the following:

13 ‘‘(d)(1) Not later than 15 days after the United Na14 tions submits a billing requesting a payment by the United

15 States of any contribution for United Nations peacekeep16 ing activities, the President shall so notify the appropriate

17 congressional committees.

18 ‘‘(2) The President shall notify the appropriate con19 gressional committees at least 15 days before the United

20 States obligates funds for any assessed or voluntary con21 tribution for United Nations peacekeeping activities, ex22 cept that if the President determines that an emergency

23 exists which prevents compliance with the requirement

24 that such notification be provided 15 days in advance and

25 that such contribution is in the national security interests
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1 of the United States, such notification shall be provided

2 in a timely manner but no later than 48 hours after such

3 obligation.’’.

4 SEC. 8. NOTICE TO CONGRESS REGARDING UNITED STATES

5 ASSISTANCE FOR UNITED NATIONS PEACE6 KEEPING ACTIVITIES.

7 Section 7 of the United Nations Participation Act of

8 1945 (22 U.S.C. 287d–1) is amended—

9 (1) in subsection (a), by inserting ‘‘other than

10 subsection (e)(1)’’ after ‘‘any other law’’; and

11 (2) by adding at the end the following new sub12 section:

13 ‘‘(e)(1) Except as provided in paragraph (2), at least

14 15 days before any agency or entity of the United States

15 Government makes available to the United Nations any

16 assistance or facility to support or facilitate United Na17 tions peacekeeping activities, the President shall so notify

18 the appropriate congressional committees.

19 ‘‘(2) If the President determines that an emergency

20 exists which prevents compliance with the requirement

21 that notification be provided 15 days in advance and that

22 such contribution is in the national security interests of

23 the United States, such notification shall be provided in

24 a timely manner but no later than 48 hours after the as-
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1 sistance or facility is made available to the United Na2 tions.

3 ‘‘(3) For purposes of this subsection, the term ‘assist4 ance’—

5 ‘‘(A) means assistance of any kind, including

6 logistical support, supplies, goods, or services (in7 cluding command, control, communications or intel8 ligence assistance and training), and the grant of

9 rights of passage; and

10 ‘‘(B) includes assistance provided through in11 kind contributions or through the provision of sup12 port, supplies, goods, or services on any terms, in13 cluding on a grant, lease, loan, or reimbursable

14 basis; but

15 ‘‘(C) does not include the payment of assessed

16 or voluntary contributions.’’.

17 SEC. 9. UNITED STATES CONTRIBUTIONS TO UNITED NA18 TIONS PEACEKEEPING ACTIVITIES.

19 Section 4 of the United Nations Participation Act of

20 1945 (22 U.S.C. 287b), as amended by section 5, 6, and

21 7 of this Act, is further amended by adding at the end

22 the following:

23 ‘‘(e)(1) The President shall, at the time of submission

24 of his annual budget request to the Congress, submit a

25 report to the Congress on the anticipated budget for the
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1 fiscal year for United States participation in United Na2 tions peacekeeping activities.

3 ‘‘(2) The report required by paragraph (1) shall

4 state—

5 ‘‘(A) the aggregate amount of funds available to

6 the United Nations for that fiscal year, including as7 sessed and voluntary contributions, which may be

8 made available for United Nations peacekeeping ac9 tivities; and

10 ‘‘(B) the aggregate amount of funds (from all

11 accounts) and the aggregate costs of in-kind con12 tributions that the United States proposes to make

13 available to the United Nations for that fiscal year

14 for United Nations peacekeeping activities.

15 ‘‘(3) The President shall include in his budget sub16 mission for fiscal year 1996 a projection of all United

17 States costs for United Nations peacekeeping activities

18 during each of fiscal years 1996, 1997, and 1998, includ19 ing costs of in-kind contributions and assessed and vol20 untary contributions.’’.

21 SEC. 10. ANNUAL REPORTS ON UNITED STATES CONTRIBU22 TIONS TO UNITED NATIONS PEACEKEEPING

23 ACTIVITIES.

24 Section 4 of the United Nations Participation Act of

25 1945 (22 U.S.C. 287b), as amended by sections 5, 6, 7,
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1 and 9 of this Act, is further amended by adding at the

2 end the following:

3 ‘‘(f)(1) Not later than 90 days after the date of enact4 ment of this subsection and each year thereafter at the

5 time of the President’s budget submission to the Congress,

6 the Secretary of State, after consultation with the heads

7 of other relevant Federal agencies (including the Secretary

8 of Defense), shall submit to the appropriate congressional

9 committees a report on United States contributions to

10 United Nations peacekeeping activities.

11 ‘‘(2) Each such report shall include the following in12 formation:

13 ‘‘(A) The number and nature of ongoing United

14 Nations peacekeeping activities.

15 ‘‘(B) The priority accorded to each ongoing

16 United Nations peacekeeping activity, and the antici17 pated duration of each such activity.

18 ‘‘(C) An assessment of the effectiveness of each

19 ongoing United Nations peacekeeping activity, its re20 lationship to United States national security inter21 ests, and the efforts by the United Nations to re22 solve the relevant armed conflicts; and the projected

23 termination dates for each such activity.
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1 ‘‘(D) The total costs of each United Nations

2 peacekeeping activity, both ongoing and concluded,

3 and the total cost of all such activities.

4 ‘‘(E) The amount of United States assessed

5 and voluntary contributions to each such activity,

6 and the total of such contributions to all such activi7 ties.

8 ‘‘(F) The incremental costs incurred by the De9 partment of Defense for each such activity, and for

10 all such activities.

11 ‘‘(G) Any other assistance (as defined in section

12 7(e) of this Act, as added by the Peace Powers Act

13 of 1994) made available by the United States for

14 United Nations peacekeeping activities, specifying

15 which assistance was provided on a reimbursable

16 basis and which was provided on a nonreimbursable

17 basis or on concessional terms.

18 ‘‘(H) An assessment of the United Nations

19 management and support for United Nations peace20 keeping activities, including all recommendations for

21 improvement made by the United States and any ac22 tion to implement such recommendations by the

23 United Nations.

24 ‘‘(I) A detailed description (including dollar

25 amounts expended and credited) of efforts by the
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1 United States Government to seek and receive credit

2 toward the United States assessment for United Na3 tions peacekeeping activities for all United States as4 sistance provided in support of United Nations

5 peacekeeping objectives.

6 ‘‘(3) The first report submitted pursuant to this sub7 section shall include information with respect to costs and

8 contributions for all United Nations peacekeeping activi9 ties since October 1945. Subsequent reports shall include

10 such information for the immediately preceding fiscal year

11 and (to the extent such information is available) for the

12 then current fiscal year.’’.

13 SEC. 11. REIMBURSEMENT TO THE UNITED STATES FOR IN14 KIND CONTRIBUTIONS TO UNITED NATIONS

15 PEACEKEEPING ACTIVITIES.

16 Section 7 of the United Nations Participation Act of

17 1945 (22 U.S.C. 287d–1), as amended by section 8 of this

18 Act, is further amended—

19 (1) in subsection (b)—

20 (A) by striking all that follows ‘‘: Pro21 vided,’’ through ‘‘Provided further,’’;

22 (B) by adding at the end the following:

23 ‘‘The Secretary of Defense may waive the re24 quirement for such reimbursement if the Sec25 retary, after consultation with the Secretary of
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1 State and the Director of the Office of Manage2 ment and Budget, determines that an emer3 gency exists which justifies waiver of that re4 quirement. Any such waiver shall be submitted

5 to the appropriate congressional committees at

6 least 15 days before it takes effect, except that

7 if the President determines that an emergency

8 exists which prevents compliance with the re9 quirement that the notification be provided 15

10 days in advance and that the provision under

11 subsection (a)(1) or (2) of personnel or assist12 ance on a nonreimbursable basis is in the na13 tional security interests of the United States,

14 such notification shall be provided in a timely

15 manner but no later than 48 hours after such

16 waiver takes effect.’’; and

17 (2) by adding at the end the following new sub18 sections:

19 ‘‘(f) In any fiscal year (beginning in fiscal year 1995),

20 appropriated funds may not be used to pay any United

21 States assessed or voluntary contribution for United Na22 tions peacekeeping activities until the Secretary of De23 fense certifies to the Congress that the United Nations

24 has reimbursed the Department of Defense directly for all

25 goods and services that were provided to the United Na-
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1 tions by the Department of Defense on a reimbursable

2 basis during the preceding fiscal year for United Nations

3 peacekeeping activities, including personnel and assistance

4 provided under this section (except to the extent that the

5 authority of subsection (b) to waive the reimbursement re6 quirement was exercised with respect to such personnel

7 or assistance).

8 ‘‘(g)(1) The Secretary of State shall ensure that

9 goods and services provided on a reimbursable basis by

10 the Department of Defense to the United Nations for

11 United Nations peacekeeping operations are reimbursed at

12 the appropriate value, as determined by the Department

13 of Defense.

14 ‘‘(2) Not later than one year after the date of enact15 ment of this subsection, the Permanent Representative

16 shall submit a report to the appropriate congressional

17 committees on all actions taken by the United States mis18 sion to the United Nations to achieve the objective de19 scribed in paragraph (1).’’.

20 SEC. 12. LIMITATION ON USE OF DEPARTMENT OF DE21 FENSE FUNDS FOR UNITED NATIONS PEACE22 KEEPING ACTIVITIES.

23 Beginning October 1, 1995, funds made available to

24 the Department of Defense (including funds for ‘‘Oper25 ation and Maintenance’’) shall be available for—
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1 (1) United States assessed or voluntary con2 tributions for United Nations peacekeeping activi3 ties, or

4 (2) the incremental costs associated with the

5 participation of United States Armed Forces in

6 United Nations peacekeeping activities,

7 only to the extent that the Congress has by law specifically

8 made those funds available for such purposes.

9 SEC. 13. ASSESSED CONTRIBUTIONS FOR UNITED NATIONS

10 PEACEKEEPING ACTIVITIES.

11 (a) REASSESSMENT OF CONTRIBUTION PERCENT12 AGES.—The Permanent Representative should make every

13 effort to ensure that the United Nations completes an

14 overall review and reassessment of each nation’s assessed

15 contributions for United Nations peacekeeping activities.

16 As part of the overall review and assessment, the Perma17 nent Representative should make every effort to advance

18 the concept that host governments and other governments

19 in the region where a United Nations peacekeeping activ20 ity is carried out should bear a greater burden of its finan21 cial cost.

22 (b) UNITED STATES CONTRIBUTIONS.—(1) The Per23 manent Representative should make every effort to obtain

24 agreement by the United Nations to a United States as25 sessed contribution for United Nations peacekeeping ac-
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1 tivities that is no greater a percentage of such contribu2 tions by all countries than the United States percentage

3 share of assessed contributions for other United Nations

4 activities.

5 (2) The Congress declares that, effective for fiscal

6 year 1996, it does not intend to make available funds for

7 payment of United States assessed or voluntary contribu8 tions for United Nations peacekeeping activities that ex9 ceed 25 percent of the total amount of the assessed and

10 voluntary contributions of all countries for such activities

11 unless, after the date of enactment of this Act, the Con12 gress enacts a statute specifically authorizing a greater

13 percentage contribution.

14 (3) The Permanent Representative shall inform the

15 Secretary General of the congressional intent expressed in

16 paragraph (2).

17 SEC. 14. ‘‘BUY AMERICA’’ REQUIREMENT.

18 No funds may be obligated or expended to pay any

19 United States assessed or voluntary contribution for Unit20 ed Nations peacekeeping activities unless the Secretary of

21 State determines and certifies to the appropriate congres22 sional committees that United States manufacturers and

23 suppliers are being given opportunities to provide equip24 ment, services, and material for such activities equal to

25 those being given to foreign manufacturers and suppliers.
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1 SEC. 15. UNITED STATES PERSONNEL TAKEN PRISONER

2 WHILE SERVING IN MULTILATERAL PEACE3 KEEPING FORCES.

4 (a) FINDINGS.—The Congress finds that—

5 (1) until recent years United States military

6 personnel rarely served as part of multilateral forces

7 under the United Nations or regional international

8 organizations;

9 (2) despite infrequent service as part of multi10 lateral forces, United States personnel, such as Colo11 nel William Higgins in Lebanon, have been cap12 tured, tortured, and murdered;

13 (3) in recent years, United States military per14 sonnel have served much more frequently as part of

15 multilateral forces;

16 (4) the capture and torture of Chief Warrant

17 Officer Michael Durant in Somalia in October 1993

18 was a horrendous and recent example of the risk to

19 United States personnel in multilateral forces;

20 (5) continued multilateral service increases the

21 probability that United States military personnel will

22 be captured, and subject to mistreatment;

23 (6) United States military personnel captured

24 while serving as part of multilateral forces have not

25 been treated as prisoners of war under the 1949 Ge-
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1 neva Conventions and other international agree2 ments intended to protect prisoners of war; and

3 (7) failure of United States military personnel

4 serving as part of a multilateral force to receive pro5 tection under international law increases the risk to

6 personnel while serving in multinational forces.

7 (b) POLICY.—It is the sense of the Congress that—

8 (1) the President should take immediate steps,

9 unilaterally and in appropriate international bodies,

10 to assure that any United States military personnel

11 serving as part of a multilateral force who are cap12 tured are accorded the protection accorded to pris13 oners of war; and

14 (2) the President should also take all necessary

15 steps to bring to justice all individuals responsible

16 for any mistreatment, torture, or death of United

17 States military personnel who are captured while

18 serving in a multilateral force.

19 (c) REPORT.—Each report submitted pursuant to

20 section 4(f) of the United Nations Participation Act of

21 1945 (as added by section 10 of this Act), shall include

22 a separate section setting forth—

23 (1) the status under international law of mem24 bers of multilateral peacekeeping forces, including
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1 the legal status of such personnel if captured, miss2 ing, or detained,

3 (2) the extent of the risk for United States

4 military personnel who are captured while participat5 ing in multinational peacekeeping forces in cases

6 where their captors fail to respect the 1949 Geneva

7 Conventions and other international agreements in8 tended to protect prisoners of war, and

9 (3) the specific steps that have been taken to

10 protect United States military personnel participat11 ing in multinational peacekeeping forces, together (if

12 necessary) with any recommendations for the enact13 ment of legislation to achieve that objective.

14 SEC. 16. PROVISION OF INTELLIGENCE TO THE UNITED NA15 TIONS.

16 (a) REQUIREMENT FOR AGREEMENTS.—The United

17 States may provide intelligence to the United Nations only

18 pursuant to a written agreement between the President

19 and the Secretary General of the United Nations specify20 ing—

21 (1) the types of intelligence to be provided to

22 the United Nations;

23 (2) the circumstances under which intelligence

24 may be provided to the United Nations; and
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1 (3) the procedures to be observed by the United

2 Nations—

3 (A) concerning who shall have access to

4 the intelligence provided; and

5 (B) to protect the intelligence against dis6 closure not authorized by the agreement.

7 Any such agreement shall be effective for a period not to

8 exceed one year from the date on which the agreement

9 enters into force.

10 (b) ADVANCE NOTIFICATION TO CONGRESS.—An

11 agreement described in subsection (a) shall be effective

12 only if the President has transmitted the agreement to the

13 Select Committee on Intelligence of the Senate and the

14 Permanent Select Committee on Intelligence of the House

15 of Representatives not less than 30 days in advance of

16 the entry into force of the agreement.

17 (c) DELEGATION OF AUTHORITY.—The President

18 may delegate the authority and assign the duties of the

19 President under this section only to the Secretary of De20 fense or the Director of Central Intelligence.

21 (d) EXCEPTIONS.—Subsection (a) shall not apply to

22 the provision of intelligence—

23 (1) only to and for the use of United States

24 Government personnel serving with the United Na25 tions; or
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1 (2) essential for the protection of nationals of

2 the United States, including members of the United

3 States Armed Forces and civilian personnel of the

4 United States Government.

5 (e) EXISTING LAW.—Nothing in this section shall be

6 construed to—

7 (1) impair or otherwise affect the authority of

8 the Director of Central Intelligence to protect intel9 ligence sources and methods from unauthorized dis10 closure pursuant to section 103(c)(5) of the Na11 tional Security Act of 1947 (50 U.S.C. 403–3(c)(5));

12 or

13 (2) supersede or otherwise affect the provisions

14 of—

15 (A) title V of the National Security Act of

16 1947 (50 U.S.C. 413–415); or

17 (B) section 112b of title 1, United States

18 Code.

19 (f) EFFECTIVE DATE.—This section takes effect 60

20 days after the date of enactment of this section.

21 SEC. 17. UNITED NATIONS PEACEKEEPING BUDGETARY

22 AND MANAGEMENT REFORM.

23 (a) WITHHOLDING OF CONTRIBUTIONS FOR UNITED

24 NATIONS PEACEKEEPING.—(1) At the beginning of each

25 fiscal year (beginning with fiscal year 1995), 50 percent
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1 of the amounts of funds made available for United States

2 assessed contributions for United Nations peacekeeping

3 activities shall be withheld from obligation and expendi4 ture unless a certification has been made under subsection

5 (b).

6 (2) For each fiscal year (beginning with fiscal year

7 1995), the United States may not pay any voluntary con8 tribution for international peacekeeping activities unless

9 a certification has been made under subsection (b).

10 (b) CERTIFICATION.—The certification referred to in

11 subsection (a) is a certification by the President to the

12 Congress that—

13 (1) the United Nations has established an inde14 pendent and objective Office of Inspector General to

15 conduct and supervise audits, inspections, and inves16 tigations relating to the United Nations peacekeep17 ing activities carried out by the United Nations;

18 (2) the Secretary General of the United Nations

19 has appointed an Inspector General, with the con20 sent of the General Assembly, solely the basis of in21 tegrity and demonstrated ability in accounting, au22 diting, financial analysis, law, management analysis,

23 public administration, or investigations;

24 (3) the United Nations Office of Inspector Gen25 eral is authorized to—
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1 (A) make investigations and reports relat2 ing to the administration of the United Nations

3 peacekeeping activities carried out by the Unit4 ed Nations;

5 (B) have access to all records and docu6 ments or other material available which relate

7 to those activities; and

8 (C) have direct and prompt access to rel9 evant officials of the United Nations, including

10 any official of the United Nations Secretariat;

11 (4) the United Nations Office of Inspector Gen12 eral is keeping the Secretary General and the mem13 bers of the Security Council fully informed about

14 problems, deficiencies, and the necessity for, and

15 progress of, corrective action;

16 (5) the United Nations has established meas17 ures to protect the identity of, and to prevent repris18 als against, any staff member making a complaint or

19 disclosing information to, or cooperating in any in20 vestigation or inspection by the Office of the Inspec21 tor General; and

22 (6) the United Nations has enacted procedures

23 to ensure compliance with Inspector General rec24 ommendations.
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