II

103D CONGRESS

1ST SESSION S. 1748

To provide procedures for the contribution of volunteer United States military

personnel to international peacekeeping or peacemaking operations.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 20 (legislative day, NOVEMBER 2), 1993

Mr. JEFFORDS introduced the following bill; which was read twice and

referred to the Committee on Foreign Relations

A BILL

To provide procedures for the contribution of volunteer

United States military personnel to international peacekeeping or peacemaking operations.

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 ‘‘Peacekeeping Partici5 pation Act of 1993’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) with the end of the Cold War, the United

9 States is clearly the undisputed world leader and as
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1 such bears undiminished international responsibil2 ities;

3 (2) an active and responsible United States role

4 abroad, particularly in the Western Hemisphere, is

5 critical to ensuring a world environment compatible

6 with American security, hospitable to our democratic

7 ideals, and open to the expanding commerce which

8 is essential to our continued prosperity;

9 (3) threats to the long-term security and well10 being of the United States no longer derive primarily

11 from the risk of external military aggression against

12 the United States or its closest treaty allies but in

13 large measure rest on transnational problems, in14 cluding international narcotics trafficking, massive

15 population movements of refugees or illegal mi16 grants, international terrorism, and the proliferation

17 of weapons of mass destruction;

18 (4) such transnational problems have and will

19 continue to be created or exacerbated by the threat

20 or conduct of armed internal strife or regional mili21 tary clashes, involving parties other than the United

22 States and its principal treaty allies, which give rise

23 to generalized insecurity, physical destruction, major

24 loss of life, the displacement of populations, and the
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1 weakening or collapse of legitimate political

2 authority;

3 (5) in consequence, the United States has a

4 major stake in the peaceful resolution of conflicts oc5 curring in areas outside the traditional sphere of

6 vital military interest of the United States;

7 (6) in the post Cold War environment, inter8 national peacekeeping and peacemaking operations

9 have emerged as viable instruments for addressing

10 such conflicts in a manner which carries greater

11 international acceptance and shares the burden of

12 efforts more equitably than would be possible in the

13 event of United States unilateral action;

14 (7) the Secretary-General of the United Nations

15 has recommended strongly that member states iden16 tify in advance units for contribution to United Na17 tions-sponsored peacekeeping and peacemaking oper18 ations as a condition for rapid and effective inter19 national response to emerging crises;

20 (8) the personnel of the United States Armed

21 Forces have volunteered to put their lives at risk for

22 their country’s defense but in many cases did not

23 anticipate the likelihood of doing so in areas outside

24 the traditional sphere of vital military interest of the

25 United States or in operations whose contribution to
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1 United States national security, though tangible, is

2 realized only indirectly and over an extended period;

3 (9) the greater need for, and likely frequency

4 of, international peacekeeping and peacemaking in5 creases the risk to all military personnel of partici6 pation in such operations;

7 (10) the informed acceptance of such risks by

8 military personnel participating or likely to partici9 pate in such operations is likely to contribute to the

10 domestic political consensus necessary to sustain a

11 United States leadership role in international peace12 keeping and peacemaking; and

13 (11) provision of United States Armed Forces

14 personnel for participation in international peace15 keeping operations has proved to be a difficult and

16 unwieldy process.

17 SEC. 3. DEFINITIONS.

18 For purposes of this Act—

19 (1) the term ‘‘appropriate congressional con20 sultation’’ means consultation as described in section

21 3 of the War Powers Resolution;

22 (2) the phrase ‘‘contribute United States

23 Armed Forces’’ means making available United

24 States Armed Forces, without regard to whether
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1 such Forces are under international, foreign, or

2 United States military command; and

3 (3) the term ‘‘international peacekeeping or

4 peacemaking operations’’ means any such operation

5 carried out under chapter VI or chapter VII of the

6 United Nations Charter or under the auspices of the

7 Organization of American States.

8 TITLE I—CONTRIBUTION OF

9 VOLUNTEER UNITED STATES

10 MILITARY PERSONNEL TO

11 INTERNATIONAL PEACEKEEP12 ING OPERATIONS

13 SEC. 101. REPORT ON PLAN TO ORGANIZE VOLUNTEER

14 UNITS.

15 Not later than 90 days after the date of enactment

16 of this Act, the President shall submit a report to the Con17 gress setting forth—

18 (1) a plan for—

19 (A) organizing into units a contingency

20 force of Armed Forces personnel who volunteer

21 to serve in international peacekeeping or peace22 making operations; and

23 (B) providing training to such personnel

24 which is appropriate to such operations; and
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1 (2) proposed procedures to implement such

2 plan.

3 SEC. 102. AUTHORIZATION.

4 (a) IN GENERAL.—If the President determines, after

5 appropriate congressional consultation, that it would be in

6 the national interest of the United States to contribute

7 United States Armed Forces to international peacekeeping

8 or peacemaking operations, the President is authorized to

9 make available for such operations those units of the

10 United States Armed Forces which are designated under

11 section 101.

12 (b) NOTIFICATION OF CONGRESS.—Within 48 hours

13 of any deployment of United States Armed Forces in con14 nection with international peacekeeping or peacemaking

15 operations, the President shall submit a report to the

16 Speaker of the House of Representatives and the Presi17 dent pro tempore of the Senate setting forth the informa18 tion required in reports under section 4(a) of the War

19 Powers Resolution.

20 (c) TERMINATION OF AUTHORIZATION.—The Presi21 dent shall remove within 90 days all units of the United

22 States Armed Forces designated under section 101 from

23 involvement in an international peacekeeping or peace24 making operation if the Congress has enacted, within a

25 period of 30 session days after the report of subsection
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1 (b) is required to be submitted, a joint resolution stating

2 in substance its disapproval of the continued participation

3 of the designated units of the United States Armed Forces

4 in such operation.

5 (d) EFFECTIVE DATE.—This section shall take effect

6 90 days after the date of enactment of this Act.

7 SEC. 103. WAR POWERS RESOLUTION REQUIREMENTS.

8 (a) IN GENERAL.—Except as provided in subsection

9 (b), nothing in this Act supersedes any requirement of the

10 War Powers Resolution.

11 (b) SPECIFIC STATUTORY AUTHORIZATION NOT RE12 QUIRED.—Section 5(b) of the War Powers Resolution

13 shall not apply to the deployment of units of the Armed

14 Forces designated under section 101.

15 TITLE II—EXPEDITED

16 PROCEDURES

17 SEC. 201. CONGRESSIONAL PRIORITY PROCEDURES.

18 (a) DEFINITIONS.—For purposes of this section—

19 (1) the term ‘‘resolution’’ means any joint reso20 lution described in section 102(c); and

21 (2) the term ‘‘session days’’ means days on

22 which the respective House of Congress is in session.

23 (b) REFERRAL OF RESOLUTIONS.—A resolution in24 troduced in the House of Representatives shall be referred

25 to the Committee on Foreign Affairs of the House of Rep-
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1 resentatives. A resolution introduced in the Senate shall

2 be referred to the Committee on Foreign Relations of the

3 Senate.

4 (c) DISCHARGE OF COMMITTEE.—(1) If the commit5 tee to which is referred a resolution has not reported such

6 a resolution (or an identical resolution) at the end of 7

7 calendar days after its introduction, such committee shall

8 be discharged from further consideration of such resolu9 tion, and such resolution shall be placed on the appro10 priate calendar of the House of Congress involved.

11 (2) After a committee reports or is discharged from

12 a resolution, no other resolution with respect to the same

13 use of force may be reported by or be discharged from

14 such committee while the first resolution is before the re15 spective House of Congress (including remaining on the

16 calendar), a committee of conference, or the President.

17 (d) CONSIDERATION OF RESOLUTIONS.—(1)(A)

18 Whenever the committee to which a resolution is referred

19 has reported, or has been discharged under subsection (c)

20 from further consideration of such resolution, notwith21 standing any rule or precedent of the Senate, including

22 Rule 22, it is at any time thereafter in order (even though

23 a previous motion to the same effect has been disagreed

24 to) for any Member of the respective House of Congress

25 to move to proceed to the consideration of the resolution
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1 and, except as provided in subparagraph (B) of this para2 graph or paragraph (2) of this subsection (insofar as it

3 related to germaneness and relevancy of amendments), all

4 points of order against the resolution and consideration

5 of the resolution are waived. The motion is highly privi6 leged in the House of Representatives and is privileged

7 in the Senate and is not debatable. The motion is not sub8 ject to a motion to postpone. A motion to reconsider the

9 vote by which the motion is agreed to or disagreed to shall

10 be in order, except that such motion may not be entered

11 for future disposition. If a motion to proceed to the consid12 eration of the resolution is agreed to, the resolution shall

13 remain the unfinished business of the respective House of

14 Congress, to the exclusion of all other business, until dis15 posed of, except as otherwise provided in subsection (e)(1).

16 (B) Whenever a point of order is raised in the Senate

17 against the privileged status of a resolution that has been

18 laid before the Senate and been initially identified as privi19 leged for consideration under this section upon its intro20 duction pursuant to section 102(c), such point of order

21 shall be submitted directly to the Senate. The point of

22 order, ‘‘The resolution is not privileged under title ll

23 of the llllllllll Act’’, shall be decided by

24 the yeas and the nays after four hours of debate, equally

25 divided between, and controlled by, the Member raising
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1 the point of order and the manager of the resolution, ex2 cept that in the event the manager is in favor of such

3 point of order, the time in opposition thereto shall be con4 trolled by the Minority Leader or his designee. Such point

5 of order shall not be considered to establish precedent for

6 determination of future cases.

7 (2)(A)(i) Consideration in a House of Congress of the

8 resolution, and all amendments and debatable motions in

9 connection therewith, shall be limited to not more than

10 12 hours, which, except as otherwise provided in this sec11 tion, shall be equally divided between, and controlled by,

12 the Majority Leader and the Minority Leader, or by their

13 designees.

14 (ii) The Majority Leader or the Minority Leader or

15 their designees may, from the time under their control on

16 the resolution, allot additional time to any Senator during

17 the consideration of any amendment, debatable motion, or

18 appeal.

19 (B) Only amendments which are germane and rel20 evant to the resolution are in order. Debate on any amend21 ment to the resolution shall be limited to 2 hours, except

22 that debate on any amendment to an amendment shall be

23 limited to 1 hour. The time of debate for each amendment

24 shall be equally divided between, and controlled by, the

25 mover of the amendment and the manager of the resolu-
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1 tion, except that in the event the manager is in favor of

2 any such amendment, the time in opposition thereto shall

3 be controlled by the Minority Leader or his designee.

4 (C) One amendment by the Minority Leader is in

5 order to be offered under a one-hour time limitation imme6 diately following the expiration of the 12-hour time limita7 tion if the Minority Leader has had no opportunity to offer

8 an amendment to the resolution thereto. One amendment

9 may be offered to the amendment by the Minority Leader

10 under the preceding sentence, and debate shall be limited

11 on such amendment to one-half hour which shall be equal12 ly divided between, and controlled by, the mover of the

13 amendment and the manager of the resolution, except that

14 in the event the manager is in favor of any such amend15 ment, the time in opposition thereto shall be controlled

16 by the Minority Leader or his designee.

17 (D) A motion to postpone or a motion to recommit

18 the resolution is not in order. A motion to reconsider the

19 vote by which the resolution is agreed to or disagreed to

20 is in order, except that such motion may not be entered

21 for future disposition, and debate on such motion shall

22 be limited to 1 hour.

23 (3) Whenever all the time for debate on a resolution

24 has been used or yielded back, no further amendments

25 may be proposed, except as provided in paragraph (2)(C),
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1 and the vote on the adoption of the resolution shall occur

2 without any intervening motion or amendment, except that

3 a single quorum call at the conclusion of the debate if re4 quested in accordance with the rules of the appropriate

5 House of Congress may occur immediately before such

6 vote.

7 (4) Appeals from the decisions of the Chair relating

8 to the application of the Rules of the Senate or the House

9 of Representatives, as the case may be, to the procedure

10 relating to a resolution shall be limited to one-half hour

11 of debate, equally divided between, and controlled by, the

12 Member making the appeal and the manager of the resolu13 tion, except that in the event the manager is in favor of

14 any such appeal, the time in opposition thereto shall be

15 controlled by the Minority Leader or his designee.

16 (e) TREATMENT OF OTHER HOUSE’S RESOLU17 TION.—(1) Except as provided in paragraph (2), if, before

18 the passage by one House of a resolution of that House,

19 that House receives from the other House a resolution,

20 then the following procedures shall apply:

21 (A) The resolution of the sending House shall

22 not be referred to a committee in the receiving

23 House.

24 (B) With respect to a resolution of the House

25 receiving the resolution, the procedure in that House
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1 shall be the same as if no resolution had been re2 ceived from the sending House, except that the reso3 lution of the sending House shall be considered to

4 have been read for the third time.

5 (C) If the resolutions of the sending and receiv6 ing Houses are identical, the vote on final passage

7 shall be on the resolution of the sending House.

8 (D) If such resolutions are not identical—

9 (i) the vote on final passage shall be on the

10 resolution of the sending House, with the text

11 of the resolution of the receiving House inserted

12 in lieu of the text of the resolution of the send13 ing House;

14 (ii) such vote on final passage shall occur

15 without debate or any intervening action; and

16 (iii) the resolution shall be returned to the

17 sending House for proceedings under subsection

18 (g).

19 (E) Upon disposition of the resolution received

20 from the other House, it shall no longer be in order

21 to consider the resolution originated in the receiving

22 House.

23 (2) If one House receives from the other House a res24 olution before any such resolution is introduced in the first

25 House, then the resolution received shall be referred, in
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1 the case of the House of Representatives, to the Commit2 tee on Foreign Affairs and, in the case of the Senate, to

3 the Committee on Foreign Relations, and the procedures

4 in that House with respect to that resolution shall be the

5 same under this section as if the resolution received had

6 been introduced in that House.

7 (f) TREATMENT OF IDENTICAL RESOLUTIONS.—If

8 one House receives from the other House a resolution

9 after the first House has disposed of an identical resolu10 tion, it shall be in order to proceed by nondebatable mo11 tion to consideration of the resolution received by the first

12 House, and that received resolution shall be disposed of

13 without debate and without amendment.

14 (g) PROCEDURES APPLICABLE TO AMENDMENTS

15 BETWEEN THE HOUSES OF CONGRESS.—The following

16 procedures shall apply to dispose of amendments between

17 the Houses of Congress:

18 (1) Upon receipt by a House of Congress of a

19 message from the other House with respect to a res20 olution, it is in order for any Member of the House

21 receiving the message to move to proceed to the con22 sideration of the respective resolution. Such motion

23 shall be disposed of in the same manner as a motion

24 under subsection (d)(1)(A). Such a motion is not in

25 order after conferees have been appointed.
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1 (2)(A) The time for debate in a House of Con2 gress on any motion required for the disposition of

3 an amendment by the other House to the resolution

4 shall not exceed 2 hours, equally divided between,

5 and controlled by, the mover of the motion and man6 ager of the resolution at each stage of the proceed7 ings between the two Houses, except that in the

8 event the manager is in favor of any such motion,

9 the time in opposition thereto shall be controlled by

10 the Minority Leader or his designee.

11 (B) The time for debate for each amendment to

12 a motion shall be limited to one-half hour.

13 (C) Only motions proposing amendments which

14 are germane and relevant are in order.

15 (h) PROCEDURES APPLICABLE TO CONFERENCE RE16 PORTS AND PRESIDENTIAL ACTION.—(1) Either House of

17 Congress may disagree to an amendment or amendments

18 made by the other House to a resolution or may insist

19 upon its amendment or amendments to a resolution, and

20 request a conference with the other House at any time.

21 In the case of any disagreement between the two Houses

22 of Congress with respect to an amendment or amendments

23 to a resolution which is not resolved within 2 session days

24 after a House of Congress first amends the resolution

25 originated by the other House, each House shall be
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1 deemed to have requested and accepted a conference with

2 the other House. Upon the request or acceptance of a con3 ference, in the case of the Senate, the President pro tem4 pore shall appoint conferees and, in the case of the House

5 of Representatives, the Speaker of the House shall appoint

6 conferees.

7 (2) In the event the conferees are unable to agree

8 within 72 hours after the second House is notified that

9 the first House has agreed to conference, or after each

10 House is deemed to have agreed to conference, they shall

11 report back to their respective House in disagreement.

12 (3) Notwithstanding any rule in either House of Con13 gress concerning the printing of conference reports in the

14 Congressional Record or concerning any delay in the con15 sideration of such reports, such report, including a report

16 filed or returned in disagreement, shall be acted on in the

17 House of Representatives or the Senate not later than 2

18 session days after the first House files the report or, in

19 the case of the Senate acting first, the report is first made

20 available on the desks of the Senators.

21 (4) Debate in a House of Congress on a conference

22 report or a report filed or returned in disagreement in any

23 such resolution shall be limited to 3 hours, equally divided

24 between the Majority Leader and the Minority Leader,

25 and their designees.
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1 (5) In the case of a conference report returned to a

2 House of Congress in disagreement, an amendment to the

3 amendment in disagreement is only in order if it is ger4 mane and relevant. The time for debate for such an

5 amendment shall be limited to one-half hour, to be equally

6 divided between, and controlled by, the mover of the

7 amendment and the manager of the resolution, except that

8 in the event the manager is in favor of any such amend9 ment, the time in opposition thereto shall be controlled

10 by the Minority Leader or his designee.

11 (6) If a resolution is vetoed by the President, the time

12 for debate in consideration of the veto message on such

13 measure shall be limited to 20 hours in each House of

14 Congress, equally divided between, and controlled by, the

15 Majority Leader and the Minority Leader, and their

16 designees.

17 (i) RULES OF THE SENATE AND THE HOUSE.—This

18 section is enacted by the Congress—

19 (1) as an exercise of the rulemaking power of

20 the Senate and House of Representatives, respec21 tively, and as such it is deemed a part of the rules

22 of each House, respectively, but applicable only with

23 respect to the procedure to be followed in that

24 House in the case of a resolution, and it supersedes
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1 other rules only to the extent that it is inconsistent

2 with such rules; and

3 (2) with full recognition of the constitutional

4 right of either House to change rules (so far as re5 lating to the procedure of that House) at any time,

6 in the same manner, and to the same extent as in

7 the case of any other rule of that House.

8 SEC. 202. INAPPLICABILITY OF OBSOLETE EXPEDITED PRO9 CEDURES.

10 Section 1013 of the Department of State Authoriza11 tion Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a),

12 shall not apply to joint resolutions introduced under this

13 Act.

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