II

104TH CONGRESS

1ST SESSION S. 5

To clarify the war powers of Congress and the President in the post-Cold

War period.

IN THE SENATE OF THE UNITED STATES

JANUARY 4, 1995

Mr. DOLE (for himself, Mr. HELMS, Mr. THURMOND, Mr. COHEN, Mr. WARNER, Mrs. HUTCHISON, Mr. MCCAIN, Mr. LOTT, Mr. NICKLES, and Mr.

MACK) introduced the following bill; which was read twice and referred

to the Committee on Foreign Relations

A BILL

To clarify the war powers of Congress and the President

in the post-Cold War period.

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 1995’’.

6 SEC. 2. REPEAL OF THE WAR POWERS RESOLUTION.

7 (a) WAR POWERS RESOLUTION.—The War Powers

8 Resolution (Public Law 95–148; 50 U.S.C. 1541 et seq.)

9 is repealed.
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1 (b) CONFORMING REPEAL.—Section 1013 of the De2 partment of State Authorization Act, Fiscal Years 1984

3 and 1985 (50 U.S.C. 1546a) is hereby repealed.

4 SEC. 3. CONSULTATION.

5 The President in every possible instance shall consult

6 with Congress before introducing United States Armed

7 Forces into hostilities or into situations where imminent

8 involvement in hostilities is clearly indicated by the cir9 cumstances, and after every such introduction shall con10 sult regularly with the Congress until United States

11 Armed Forces are no longer engaged in hostilities or have

12 been removed from such situations.

13 SEC. 4. REPORTING.

14 (a) INITIAL REPORTS.—In the absence of a declara15 tion of war, in any case in which United States Armed

16 Forces are introduced—

17 (1) into hostilities or into situations where im18 minent involvement in hostilities is clearly indicated

19 by the circumstances;

20 (2) into the territory, airspace, or waters of a

21 foreign nation, while equipped for combat, except for

22 deployments which relate solely to supply, replace23 ment, repair, or training of such forces; or
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1 (3) in numbers which substantially enlarge

2 United States Armed Forces equipped for combat al3 ready located in a foreign nation;

4 the President shall submit within 48 hours to the Speaker

5 of the House of Representatives and to the President pro

6 tempore of the Senate a report, in writing, setting forth—

7 (A) the circumstances necessitating the intro8 duction of United States Armed Forces;

9 (B) the constitutional and legislative authority

10 under which such introduction took place; and

11 (C) the estimated scope and duration of the

12 hostilities or involvement.

13 (b) ADDITIONAL INFORMATION.—The President shall

14 provide such other information as the Congress may re15 quest in the fulfillment of its constitutional responsibilities

16 with respect to committing the Nation to war and to the

17 use of United States Armed Forces abroad.

18 (c) PERIODIC REPORTS.—Whenever United States

19 Armed Forces are introduced into hostilities or into any

20 situation described in subsection (a) of this section, the

21 President shall, so long as such armed forces continue to

22 be engaged in such hostilities or situation, report to the

23 Congress periodically on the status of such hostilities or

24 situation as well as on the scope and duration of such hos-
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1 tilities or situation, but in no event shall he report to the

2 Congress less often than once every 6 months.

3 SEC. 5. LIMITATION ON PLACEMENT OF UNITED STATES

4 ARMED FORCES UNDER FOREIGN COMMAND

5 FOR A UNITED NATIONS PEACEKEEPING AC6 TIVITY.

7 Section 6 of the United Nations Participation Act (22

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

9 ‘‘SEC. 6. (a) Any special agreement or agreements ne10 gotiated by the President with the Security Council pro11 viding for the numbers and types of United States Armed

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

13 the nature of facilities and assistance, including rights of

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

15 the purpose of maintaining international peace and secu16 rity in accordance with Article 43 of the United Nations

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

18 by Act or joint resolution.

19 ‘‘(b) The President may not subordinate to the com20 mand or operational control of any foreign national any

21 element of the United States Armed Forces participating

22 in any United Nations peacekeeping activity unless—

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

24 subsection (c); or
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1 ‘‘(2) the Congress enacts an Act or joint resolu2 tion specifically authorizing such subordination.

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

4 (b)(1) are that the President submit to the designated

5 congressional committees (at the time specified in para6 graph (2) of this subsection) the following documents:

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

8 ‘‘(i) the proposed subordination of United

9 States Armed Forces to foreign command is in

10 the national security interest of the United

11 States;

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

13 States Armed Forces proposed for subordina14 tion to the command of foreign nationals will at

15 all times retain the ability to report independ16 ently to higher United States military authori17 ties;

18 ‘‘(iii) the United States will retain author19 ity to withdraw the United States Armed

20 Forces from the United Nations peacekeeping

21 activity at any time and to take action it con22 siders necessary to protect those forces if they

23 are endangered; and

24 ‘‘(iv) the United States Armed Forces sub25 ordinated to the command of foreign nationals
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1 will at all times remain under United States ad2 ministrative command for such purposes as dis3 cipline and evaluation.

4 ‘‘(B) The justification for the determination

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

6 ‘‘(C) A memorandum of legal points and au7 thorities explaining why the proposed foreign com8 mand arrangement does not violate the Constitution.

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

10 be submitted to the appropriate congressional committees

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

12 States Armed Forces is subordinated to the command and

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

14 determines that an emergency exists which prevents com15 pliance with the requirement that notice be provided 15

16 days in advance, those documents shall be submitted in

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

18 subordination.

19 ‘‘(d) For purposes of this section, the term ‘appro20 priate committees of Congress’ means—

21 ‘‘(1) the Committee on National Security, the

22 Committee on Appropriations, and the Committee on

23 International Relations of the House of Representa24 tives; and
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1 ‘‘(2) the Committee on Armed Services, the

2 Committee on Appropriations, and the Committee on

3 Foreign Relations of the Senate.’’.

4 SEC. 6. REDUCTION OF UNITED NATIONS ASSESSMENTS TO

5 THE UNITED STATES FOR PEACEKEEPING

6 OPERATIONS.

7 (a) ANNUAL REPORT.—The President shall, at the

8 time of submission of the budget to Congress for any fiscal

9 year, submit to the appropriate committees of Congress

10 a report on the total amount of funds appropriated for

11 national defense purposes for any fiscal year after fiscal

12 year 1995 that were expended during the preceding fiscal

13 year to support or participate in, directly or indirectly,

14 United Nations peacekeeping activities. Such report shall

15 include a breakdown by United Nations peacekeeping op16 eration of the amount of funds expended to support or

17 participate in each such operation.

18 (b) LIMITATION.—In each fiscal year beginning with

19 fiscal year 1996, funds may be obligated or expended for

20 payment to the United Nations of the United States as21 sessed share of peacekeeping operations for that fiscal

22 year only to the extent that such assessed share exceeds

23 the total amount identified in the report submitted pursu24 ant to subsection (a) for the preceding fiscal year, reduced

25 by the amount of any reimbursement or credit to the
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1 United States by the United Nations for the costs of

2 United States support for, or participation in, United

3 Nations peacekeeping activities for that fiscal year.

4 (c) DEFINITIONS.—As used in this section:

5 (1) The term ‘‘United Nations peacekeeping ac6 tivities’’ means any international peacekeeping,

7 peacemaking, peace-enforcing, or similar activity

8 that is authorized by the United Nations Security

9 Council under chapter VI or VII of the United Na10 tions Charter.

11 (2) The term ‘‘appropriate committees of Con12 gress’’ means—

13 (A) the Committee on National Security,

14 the Committee on Appropriations, and the

15 Committee on International Relations of the

16 House of Representatives; and

17 (B) the Committee on Armed Services, the

18 Committee on Appropriations, and the Commit19 tee on Foreign Relations of the Senate.

20 SEC. 7. PRIOR CONGRESSIONAL NOTIFICATION OF SECU21 RITY COUNCIL VOTES ON UNITED NATIONS

22 PEACEKEEPING ACTIVITIES.

23 (a) NOTICE TO CONGRESS OF PROPOSED UNITED

24 NATIONS PEACEKEEPING ACTIVITIES.—Section 4 of the
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1 United Nations Participation Act of 1945 (22 U.S.C.

2 287b) is amended—

3 (1) by redesignating subsection (e) as sub4 section (g); and

5 (2) by inserting after subsection (d) the follow6 ing:

7 ‘‘(e) NOTICE TO CONGRESS OF PROPOSED UNITED

8 NATIONS PEACEKEEPING ACTIVITIES.—(1) Except as

9 provided in paragraph (2), at least 15 days before any

10 vote in the Security Council to authorize any United Na11 tions peacekeeping activity or any other action under the

12 Charter of the United Nations (including any extension,

13 modification, suspension, or termination of any previously

14 authorized United Nations peacekeeping activity or other

15 action) which would involve the use of United States

16 Armed Forces or the expenditure of United States funds,

17 the President shall submit to the designated congressional

18 committees a notification with respect to the proposed ac19 tion. The notification shall include the following:

20 ‘‘(A) A cost assessment of such action (includ21 ing the total estimated cost and the United States

22 share of such cost).

23 ‘‘(B) Identification of the source of funding for

24 the United States share of the costs of the action

25 (whether in an annual budget request,
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1 reprogramming notification, a rescission of funds, a

2 budget amendment, or a supplemental budget re3 quest).

4 ‘‘(2)(A) If the President determines that an emer5 gency exists which prevents submission of the 15-day ad6 vance notification specified in paragraph (1) and that the

7 proposed action is in the national security interests of the

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

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

10 48 hours after the vote by the Security Council.

11 ‘‘(B) Determinations made under subparagraph (A)

12 may not be delegated.

13 ‘‘(f) ADVERSE PERSONNEL ACTIONS AND CRIMINAL

14 PENALTIES.—Any officer or employee of the United

15 States Government who knowingly and willfully obligates

16 or expends United States funds to carry out any Security

17 Council action described in subsection (e) without the re18 quirements of that subsection having been met shall be

19 subject to the same adverse personnel actions and criminal

20 penalties as are described in sections 1349 and 1350, re21 spectively, of title 31, United States Code (originally en22 acted in the Anti-Deficiency Act).’’.
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1 SEC. 8. AVAILABILITY OF APPROPRIATIONS.

2 Section 4 of the United Nations Participation Act of

3 1945 (22 U.S.C. 2876), as amended by section 7, is fur4 ther amended—

5 (1) by redesignating subsection (g) as sub6 section (h); and

7 (2) by inserting after subsection (f) the follow8 ing:

9 ‘‘(g) AVAILABILITY OF APPROPRIATIONS.—(1) The

10 authority to obligate United States funds to carry out any

11 action pursuant to a United Nations Security Council res12 olution under chapter VI or VII of the United Nations

13 Charter may be exercised only to the extent and in the

14 amounts provided in appropriation Acts.

15 ‘‘(2) The President, acting through the United States

16 Permanent Representative to the United Nations, should

17 advise the Security Council of the requirement of this sec18 tion on each occasion when the United States supports

19 a Security Council resolution that may result in United

20 States assessed contributions to the United Nations ex21 ceeding amounts currently available to be obligated for

22 that purpose.’’.

23 SEC. 9. LIMITATION ON ASSESSMENT PERCENTAGE FOR

24 PEACEKEEPING ACTIVITIES.

25 Section 404(b)(2) of the Foreign Relations Author26 ization Act, Fiscal Years 1994 and 1995 (Public Law
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1 103–236) is amended by adding at the end the following

2 new sentence: ‘‘Any penalties, interest, or other charges

3 imposed on the United States in connection with such con4 tributions shall be credited as a part of the percentage

5 limitation contained in the preceding sentence.’’.

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