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103D CONGRESS

1ST SESSION H. J. RES. 227

Calling upon the President to initiate discussions with members of the United

Nations for the purpose of entering into agreements providing for an

equitable sharing of responsibility among those members relating to

armed forces available to the United Nations Security Council, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 1, 1993

Mr. TORRICELLI introduced the following joint resolution; which was referred

to the Committee on Foreign Affairs

JOINT RESOLUTION

Calling upon the President to initiate discussions with members of the United Nations for the purpose of entering

into agreements providing for an equitable sharing of

responsibility among those members relating to armed

forces available to the United Nations Security Council,

and for other purposes.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This joint resolution may be cited as the ‘‘Collective

3 Security Participation Resolution’’.

4 SEC. 2. FINDINGS.

5 The Congress finds that—

6 (1) the global framework embodied in the

7 United Nations Charter for maintaining inter8 national peace and security, forged with American

9 leadership at the end of World War II, for four dec10 ades largely failed to provide security guarantees

11 promised by the Charter;

12 (2) the end of the Cold War has opened unprec13 edented opportunity for multilateral cooperation,

14 under United Nations auspices, to maintain and,

15 where necessary, restore the peace through collective

16 military and other actions;

17 (3) collective military action in response to

18 Iraq’s invasion of Kuwait was taken under Article

19 42 of the United Nations Charter, under which the

20 Security Council may undertake ‘‘operations by air,

21 sea, or land forces of Members of the United Na22 tions’’;

23 (4) with the authorization of the Security Coun24 cil under Chapter VII of the Charter, and pursuant

25 to authorization by the Congress, the United States

26 undertook military actions in Kuwait and Iraq as
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1 leader of a multinational coalition with United Na2 tions sanction;

3 (5) despite Security Council approval of an

4 armed mission to Somalia to protect international

5 relief operations from attack, efforts to assemble an

6 effective force faltered until the United States of7 fered to make a substantial military commitment

8 there under United Nations auspices, after which a

9 considerable number of other nations volunteered

10 small military contingents;

11 (6) the Charter contemplates that the Security

12 Council might take action to maintain or restore

13 international peace and security with forces made

14 available to the Council pursuant to Article 43,

15 which provides that ‘‘all members undertake to make

16 available to the Security Council, on its call and in

17 accordance with a special agreement or agreements,

18 armed forces, assistance, and facilities, including

19 rights of passage necessary for the purpose of main20 taining international peace and security’’;

21 (7) although Article 43 provides that ‘‘the

22 agreement or agreements shall be negotiated as soon

23 as possible,’’ no agreement under Article 43 has ever

24 been reached during the United Nations forty-eight25 year history;
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1 (8) from the American perspective, the formal

2 designation of forces from various nations under Ar3 ticle 43 offers the opportunity to involve other na4 tions more promptly and reliably in future collective

5 security actions, and could thereby strengthen the

6 institutions of collective security while spreading the

7 burden of collective security more equitably;

8 (9) United States leadership in achieving spe9 cial agreements among members of the United Na10 tions under Article 43 would therefore serve the na11 tional interests of the United States and of all Unit12 ed Nations members; and

13 (10) The United Nations Participation Act of

14 1945 (22 U.S.C. 287d) provides that—

15 (A) the President is authorized to nego16 tiate an agreement with the Security Council

17 ‘‘providing for the numbers and types of armed

18 forces, their degree of readiness and general lo19 cations, and the nature of facilities and assist20 ance, including rights of passage, to be made

21 available to the Security Council on its call for

22 the purpose of maintaining international peace

23 and security in accordance with Article 43 of

24 the charter’’;
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1 (B) any such agreement ‘‘shall be subject

2 to the approval of the Congress by appropriate

3 Act or joint resolution’’;

4 (C) ‘‘the President shall not be deemed to

5 require the authorization of the Congress to

6 make available to the Security Council on its

7 call . . . pursuant to such special agreement or

8 agreements the armed forces, facilities, or as9 sistance provided for therein’’; and

10 (D) this authorization shall not be ‘‘con11 strued as an authorization to the President by

12 the Congress to make available to the Security

13 Council for such purpose armed forces, facili14 ties, or assistance in addition to the forces, fa15 cilities, and assistance provided for in such spe16 cial agreement or agreements’’.

17 SEC. 3. AGREEMENT AND ACTION UNDER ARTICLE 43 OF

18 THE UNITED NATIONS CHARTER.

19 (a) OBLIGATIONS UNDER ARTICLE 43 OF THE

20 UNITED NATIONS CHARTER.—Congress finds that mem21 bers of the United Nations are obligated under the Char22 ter to act ‘‘as soon as possible on the initiative of the Secu23 rity Council’’ to negotiate ‘‘a special agreement or agree24 ments’’ under Article 43 to make available to the Security
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1 Council forces and facilities necessary ‘‘for the purpose of

2 maintaining international peace and security’’.

3 (b) NEGOTIATION OF AGREEMENT.—Congress urges

4 the President to initiate discussions among members of

5 the Security Council, the General Assembly, and the Mili6 tary Staff Committee leading to negotiations, under Arti7 cle 43 of the United Nations Charter, of ‘‘a special agree8 ment or agreements’’ with equitable terms under which

9 designated forces from various countries, including the

10 United States, would be available to the Security Council.

11 (c) UNITED STATES SITE FOR INTERNATIONAL

12 FORCES TRAINING.—Congress affirms its support of the

13 commitment made to the United Nations General Assem14 bly by President George Bush to make bases and facilities

15 available to the Security Council for multinational training

16 of forces under the United Nations.

17 (d) CONGRESSIONAL ROLE.—Congress—

18 (1) urges the President to consult with the

19 Committee on Foreign Affairs and the Committee on

20 Armed Services of the House of Representatives and

21 the Committee on Foreign Relations and the Com22 mittee on Armed Services of the Senate in the

23 course of negotiating an Article 43 agreement; and
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1 (2) expresses its intent to give prompt consider2 ation to any such agreement negotiated under Arti3 cle 43 of the charter.

4 (e) PRESIDENTIAL AUTHORITY PURSUANT TO CON5 GRESSIONAL APPROVAL OF AN ARTICLE 43 AGREE6 MENT.—Congress reaffirms its commitment to the prin7 ciple, embodied in the United Nations Participation Act

8 of 1945, that congressional approval of a United States

9 agreement under Article 43 of the charter shall have the

10 effect of providing the President with full authority to di11 rect that the United States Armed Forces designated in

12 such agreement be employed as may be necessary to sup13 port decisions of the United Nations Security Council.

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