IB

104TH CONGRESS

1ST SESSION H. R. 7

[Report No. 104–18, Parts I, II, and III]

To revitalize the national security of the United States.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. SPENCE, Mr. GILMAN, Mr. BRYANT of Tennessee, and Mr. HAYES (for

themselves, Mr. WELDON of Pennsylvania, Mr. DORNAN, Mr. SAXTON,

Mr. TORKILDSEN, Mr. BARTLETT of Maryland, Mr. LONGLEY, Mr. CALLAHAN, Mr. ROYCE, Mr. BACHUS, Mr. HOKE, Mr. HASTERT, Mr. SMITH

of Texas, Mr. FUNDERBURK, Mr. CLINGER, Mr. KIM, Mr. BALLENGER,

Mr. POMBO, Mr. NUSSLE, Mr. CRANE, Mr. TAYLOR of North Carolina,

Mr. CRAPO, Mr. KOLBE, Mr. HALL of Texas, Mr. PAXON, Mr. YOUNG

of Florida, Mr. COMBEST, Mr. COBLE, Mr. EHRLICH, Mrs. MEYERS of

Kansas, Mr. STOCKMAN, Mr. SMITH of Michigan, Mr. BAKER of California, Mr. COX, Mr. SHAW, Mr. HERGER, Mr. HEINEMAN, Mrs. FOWLER,

Mr. STEARNS, Mr. HUTCHINSON, Mr. HANCOCK, Mr. ZIMMER, Mr.

LINDER, Mr. EMERSON, Mr. HOSTETTLER, Mr. JONES, Mr. ENSIGN, Mr.

TIAHRT, Mrs. MYRICK, Mr. HOUGHTON, Mr. FRELINGHUYSEN, Mr.

EWING, Mrs. CUBIN, Mr. HASTINGS of Washington, Mr. WELDON of

Florida, Mr. GANSKE, Mr. COBURN, Mr. LARGENT, Mr. WELLER, Mr.

LEWIS of Kentucky, Mr. LAHOOD, Mr. BUNNING of Kentucky, Mr.

FOLEY, Mr. INGLIS of South Carolina, Mr. LIGHTFOOT, Mr. ISTOOK, Mr.

CALVERT, Mr. HOBSON, Mr. CREMEANS, Mr. KNOLLENBERG, Mr. BILIRAKIS, Mr. GOODLING, Mr. HAYWORTH, Mr. FOX, Mr. RADANOVICH, Mr.

WAMP, Mr. GILCHREST, Mr. BLUTE, Mr. SOLOMON, Mr. BLILEY, Mr.

DOOLITTLE, Mr. PACKARD, Mr. STUMP, Mr. EVERETT, Mr. MILLER of

Florida, Mr. LATOURETTE, Mr. FLANAGAN, Mr. BURR, Ms. MOLINARI,

Mr. GUNDERSON, Mr. THORNBERRY, Mr. RIGGS, Mr. GOODLATTE, Mr.

CHRISTENSEN, Mr. HILLEARY, Mr. WICKER, Mr. BONO, Mr. COOLEY,

Mr. FRISA, Mr. MCINTOSH, Mr. SMITH of New Jersey, Mr. SHADEGG,

Mrs. JOHNSON of Connecticut, Mr. CUNNINGHAM, Mr. CHRYSLER, Mr.

CANADY, Mr. MCCOLLUM, Mr. BARTON of Texas, Mr. GILLMOR, Mr.

BARR, Mr. ARMEY, Mr. FORBES, Mr. WALDHOLTZ, Mr. TATE, Ms.

DUNN, Mr. MICA, and Mr. MCHUGH) introduced the following bill; which

was referred as follows:

Title I, referred to the Committee on International Relations and, in addition,

to the Committee on National Security, for a period to be subsequently
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determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

Title II, referred to the Committee on National Security

Title III, referred to the Committee on National Security and, in addition, to

the Committee on International Relations, for a period to be subsequently

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

Section 401, referred to the Committee on National Security and, in addition,

to the Committee on International Relations, for a period to be subsequently determined by the Speaker, in each case for consideration of such

provisions as fall within the jurisdiction of the committee concerned

Section 402, referred to the Committee on International Relations

Title V, referred to the Committee on International Relations and, in addition,

to the Committee on National Security and the Permanent Select Committee on Intelligence, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

Title VI, referred to the Committee on International Relations

Title VII, referred to the Committee on the Budget

FEBRUARY 6, 1995

Additional sponsors: Mr. LUCAS, Mrs. VUCANOVICH, Mr. TALENT, Mr. BAKER

of Louisiana, Mr. KING, and Mr. BROWNBACK

FEBRUARY 6, 1995

Reported from the Committee on National Security with an amendment

[Strike out all after the enacting clause and insert the part printed in boldface italic]

FEBRUARY 6, 1995

Reported from the Committee on International Relations with an amendment

[Strike out all after the enacting clause and insert the part printed in boldface roman]

FEBRUARY 6, 1995

Reported from the Permanent Select Committee on Intelligence with

amendments

[Omit the part struck through and in bold brackets and insert the part printed in italic]

A BILL

To revitalize the national security of the United States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘National Security Revitalization Act’’.

4 (b) TABLE OF CONTENTS.—The table of contents for

5 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—FINDINGS, POLICY, AND PURPOSES

Sec. 101. Findings.

Sec. 102. Policy.

Sec. 103. Purposes.

TITLE II—MISSILE DEFENSE

Sec. 201. Policy.

Sec. 202. Actions of the Secretary of Defense.

Sec. 203. Report to Congress.

TITLE III—REVITALIZATION OF NATIONAL SECURITY

COMMISSION

Sec. 301. Establishment.

Sec. 302. Composition.

Sec. 303. Duties.

Sec. 304. Reports.

Sec. 305. Powers.

Sec. 306. Commission procedures.

Sec. 307. Personnel matters.

Sec. 308. Termination of the commission.

Sec. 309. Funding.

TITLE IV—COMMAND OF UNITED STATES FORCES

Sec. 401. Limitation on expenditure of Department of Defense funds for

United States forces placed under command or operational control of a foreign national acting on behalf of the United Nations.

Sec. 402. Limitation on placement of United States Armed Forces under foreign control for a United Nations peacekeeping activity.

TITLE V—UNITED NATIONS

Sec. 501. Credit against assessment for United States expenditures in support

of United Nations peacekeeping operations.

Sec. 502. Codification of required notice to Congress of proposed United Nations peacekeeping activities.

Sec. 503. Notice to Congress regarding United States contributions for United

Nations peacekeeping activities.

Sec. 504. Revised notice to Congress regarding United States assistance for

United Nations peacekeeping activities.
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Sec. 505. United States contributions to United Nations peacekeeping activities.

Sec. 506. Reimbursement to the United States for in-kind contributions to

United Nations peacekeeping activities.

Sec. 507. Prohibition on use of funds to pay United States assessed or voluntary contribution for United Nations peacekeeping activities

unless Department of Defense reimbursed by United Nations

for certain goods and services.

Sec. 508. Limitation on use of Department of Defense funds for United States

share of costs of United Nations peacekeeping activities.

Sec. 509. Codification of limitation on amount of United States assessed contributions for United Nations peacekeeping operations.

Sec. 510. Buy American requirement.

Sec. 511. United Nations peacekeeping budgetary and management reform.

Sec. 512. Conditions on provision of intelligence to the United Nations.

TITLE VI—REVITALIZATION AND EXPANSION OF THE NORTH

ATLANTIC TREATY ORGANIZATION

Sec. 601. Short title.

Sec. 602. Findings.

Sec. 603. United States policy.

Sec. 604. Revisions to program to facilitate transition to NATO membership.

Sec. 605. Annual reporting requirement.

Sec. 606. Definitions.

TITLE VII—BUDGET FIREWALLS

Sec. 701. Restoration of budget firewalls for defense spending.

1 TITLE I—FINDINGS, POLICY, AND

2 PURPOSES

3 SEC. 101. FINDINGS.

4 The Congress finds the following:

5 (1) Since January 1993, presidential budgets

6 and budget plans have set forth a reduction in de7 fense spending of $156,000,000,000 through fiscal

8 year 1999.

9 (2) The fiscal year 1995 budget is the 10th

10 consecutive year of reductions in real defense spend11 ing and, with the exception of fiscal year 1948, rep-
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1 resents the lowest percentage of gross domestic

2 product for any defense budget since World War II.

3 (3) During fiscal year 1995, the number of ac4 tive duty, reserve component, and civilian personnel

5 of the Department of Defense will be reduced by

6 182,000, a rate of over 15,000 per month or over

7 500 per day. The Bureau of Labor Statistics esti8 mates that 1,200,000 defense-related private sector

9 jobs will be lost by 1997.

10 (4) Despite severe reductions and shortfalls in

11 defense funding and force structure, since 1993

12 United States military forces have been deployed

13 more often and committed to more peacetime mis14 sions per year than ever before. Most of these mis15 sions involve United Nations peace keeping and hu16 manitarian efforts. At the end of fiscal year 1994,

17 over 70,000 United States personnel were serving in

18 such regions as Iraq, Bosnia, Macedonia, the Adri19 atic Sea, Rwanda, and the Caribbean Sea for mis20 sions involving Haiti and Cuba.

21 (5) United Nations assessments to the United

22 States for peace keeping missions totaled almost

23 $1,500,000,000 in 1994. The United States is as24 sessed 31.7 percent of annual United Nations costs

25 for peace keeping and other United Nations mis-
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1 sions. The next highest contributor, Japan, only

2 pays 12.5 percent of such costs. The Department of

3 Defense also incurs hundreds of millions of dollars

4 in costs every year for United States military par5 ticipation in United Nations peace keeping or hu6 manitarian missions, most of which are not reim7 bursed by the United Nations. For fiscal year 1994,

8 these Department of Defense costs totaled over

9 $1,721,000,000.

10 (6) A return to the ‘‘hollow forces’’ of the

11 1970s has already begun. At the end of fiscal year

12 1994, one-third of the units in the Army contingency

13 force and all of the forward-deployed and follow-on

14 Army divisions were reporting a reduced state of

15 military readiness. During fiscal year 1994, training

16 readiness declined for the Navy’s Atlantic and Pa17 cific fleets. Funding shortfalls for that fiscal year re18 sulted in a grounding of Navy and Marine Corps air19 craft squadrons and cancellation and curtailment of

20 Army training exercises. Marine and naval personnel

21 are not maintaining the standard 12- to 18-month

22 respite between six-month deployments away from

23 home. Marine Corps units are spending up to two of

24 their first four years away from their base camps.

25 The significantly increased pace of Department of
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1 Defense operations has United States forces over de2 ployed.

3 (7) As of January 1, 1995, military pay is ap4 proximately 12.8 percent below comparable civilian

5 levels. As a result, it is estimated that close to

6 17,000 junior enlisted personnel have to rely on food

7 stamps and the Department of Defense will soon

8 begin providing supplementary food benefits to an

9 estimated 11,000 military personnel and dependents

10 living overseas.

11 (8) Defense modernization programs to main12 tain the battlefield technology edge of the United

13 States over other nations are being delayed or can14 celed in an attempt to prevent the further erosion of

15 military force readiness.

16 (9) The centerpiece of the Administration’s de17 fense strategy, the Bottom Up Review, reduces Navy

18 ships by one-third, Air Force wings by almost one19 half, and funding for missile defenses by over 50

20 percent, and the General Accounting Office has re21 ported that even the restrictive Bottom Up Review

22 could be underfunded by $150,000,000,000.

23 (10) The Administration has initially agreed to

24 or proposed treaty limitations, or has unilaterally

25 adopted positions, that prohibit the United States
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1 from testing or deploying effective missile defense

2 systems.

3 SEC. 102. POLICY.

4 The Congress is committed to providing adequate re5 sources to protect the national security of the United

6 States.

7 SEC. 103. PURPOSES.

8 The purposes of this Act are—

9 (1) to establish a commission to reassess United

10 States military needs and reverse the continuing

11 downward spiral of defense spending;

12 (2) to commit the United States to accelerate

13 the development and deployment of theater and na14 tional ballistic missile defense capabilities;

15 (3) to restrict deployment of United States

16 forces to missions that are in the national interest

17 of the United States;

18 (4) to maintain command and control by Unit19 ed States personnel of United States forces partici20 pating in United Nations peacekeeping operations;

21 (5) to reduce the cost to the United States of

22 United Nations peacekeeping activities and to press

23 for reforms in the United Nations management

24 practices; and
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1 (6) to reemphasize the commitment of the

2 United States to a strong and viable North Atlantic

3 Treaty Organization.

4 TITLE II—MISSILE DEFENSE

5 SEC. 201. POLICY.

6 It shall be the policy of the United States to—

7 (1) deploy at the earliest possible date an anti8 ballistic missile system that is capable of providing

9 a highly effective defense of the United States

10 against ballistic missile attacks; and

11 (2) provide at the earliest possible date highly

12 effective theater missile defenses (TMDs) to for13 ward-deployed and expeditionary elements of the

14 Armed Forces of the United States and to friendly

15 forces and allies of the United States.

16 SEC. 202. ACTIONS OF THE SECRETARY OF DEFENSE.

17 (a) ABM SYSTEMS.—The Secretary of Defense shall

18 develop for deployment at the earliest possible date a cost19 effective, operationally effective antiballistic missile system

20 designed to protect the United States against ballistic mis21 sile attacks.

22 (b) ADVANCED THEATER MISSILE DEFENSES.—The

23 Secretary of Defense shall develop for deployment at the

24 earliest possible date advanced theater missile defense sys25 tems.
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1 SEC. 203. REPORT TO CONGRESS.

2 (a) REQUIREMENT.—Not later than 60 days after the

3 date of the enactment of this Act, the Secretary of Defense

4 shall submit to the congressional defense committees a

5 plan for the deployment of an antiballistic missile system

6 pursuant to section 202(a) and for the deployment of the7 ater missile defense systems pursuant to section 202(b).

8 (b) CONGRESSIONAL DEFENSE COMMITTEES.—For

9 purposes of this section, the term ‘‘congressional defense

10 committees’’ means—

11 (1) the Committee on National Security and the

12 Committee on Appropriations of the House of Rep13 resentatives; and

14 (2) the Committee on Armed Services and the

15 Committee on Appropriations of the Senate.

16 TITLE III—REVITALIZATION OF

17 NATIONAL SECURITY COM18 MISSION

19 SEC. 301. ESTABLISHMENT.

20 There is hereby established a commission to be known

21 as the ‘‘Revitalization of National Security Commission’’

22 (hereinafter in this title referred to as the ‘‘Commission’’).

23 SEC. 302. COMPOSITION.

24 (a) APPOINTMENT.—The Commission shall be com25 posed of 12 members, appointed as follows:
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1 (1) Four members shall be appointed by the

2 President.

3 (2) Four members shall be appointed by the

4 Speaker of the House of Representatives in consulta5 tion with the minority leader of the House of Rep6 resentatives.

7 (3) Four members shall be appointed by the

8 President pro tempore of the Senate upon the rec9 ommendation of the majority leader and the minor10 ity leader of the Senate.

11 (b) QUALIFICATIONS.—The members of the Commis12 sion shall be appointed from among persons having knowl13 edge and experience in defense and foreign policy.

14 (c) TERM OF MEMBERS; VACANCIES.—Members of

15 the Commission shall be appointed for the life of the Com16 mission. A vacancy on the Commission shall not affect its

17 powers, but shall be filled in the same manner as the origi18 nal appointment was made.

19 (d) COMMENCEMENT.—The members of the Commis20 sion shall be appointed not later than 21 days after the

21 enactment of this Act. The Commission shall convene its

22 first meeting to carry out its duties under this section 14

23 days after seven members of the Commission have been

24 appointed.
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1 (e) CHAIRMAN.—The chairman of the Commission

2 shall be designated jointly by the Speaker of the House

3 of Representatives and the majority leader of the Senate

4 from among members of the Commission appointed under

5 subsection (a)(2) or (a)(3).

6 SEC. 303. DUTIES.

7 (a) COMPREHENSIVE REVIEW.—The Commission

8 shall conduct a comprehensive review of the long-term na9 tional security needs of the United States. The review

10 shall include the following:

11 (1) An assessment of the need for a new na12 tional security strategy and, if it is determined that

13 such a new strategy is needed, identification of such

14 a strategy.

15 (2) An assessment of the need for a new na16 tional military strategy and, if it is determined that

17 such a new strategy is needed, identification of such

18 a strategy.

19 (3) An assessment of the military force struc20 ture necessary to support the new strategies identi21 fied under paragraphs (1) and (2).

22 (4) An assessment of force modernization re23 quirements necessary to support the new strategies

24 identified under paragraphs (1) and (2).
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1 (5) An assessment of military infrastructure re2 quirements necessary to support the new strategies

3 identified under paragraphs (1) and (2).

4 (6) An assessment of the funding needs of the

5 Department of Defense necessary to support the

6 long-term national security requirements of the

7 United States.

8 (7) An assessment of the adequacy of the force

9 structure recommended in the 1993 Bottom-Up Re10 view in executing the national military strategy.

11 (8) An assessment of the adequacy of the cur12 rent future-years defense plan in fully funding the

13 Bottom-Up Review force structure while maintaining

14 adequate force modernization and military readiness

15 objectives.

16 (9) An assessment of the level of defense funds

17 expended on non-defense programs.

18 (10) An assessment of the costs of the United

19 States of expanding the membership of the North

20 Atlantic Treaty Organization.

21 (b) MATTERS TO BE CONSIDERED.—In carrying out

22 the review, the Commission shall develop specific rec23 ommendations to accomplish each of the following:

24 (1) Provide members of the Armed Forces with

25 annual pay raises and other compensation at levels
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1 sufficient to begin closing the gap with comparable

2 civilian pay levels.

3 (2) Fully fund cost-effective missile defense sys4 tems that are deployable at the earliest possible date

5 following enactment of this Act.

6 (3) Maintain adequate funding for military

7 readiness accounts without sacrificing modernization

8 programs.

9 (4) Define policies for committing troops to

10 peace keeping, peacemaking, peace-enforcing, or hu11 manitarian missions.

12 (5) Provide a stronger role for Guard and Re13 serve forces.

14 (6) Provide a new funding system to avoid di15 versions from military readiness accounts to pay for

16 peace keeping and humanitarian deployments such

17 as Haiti and Rwanda.

18 SEC. 304. REPORTS.

19 (a) FINAL REPORT.—The Commission shall submit

20 to the President and the designated congressional commit21 tees a report on the assessments and recommendations re22 ferred to in section 303 not later than January 1, 1996.

23 The report shall be submitted in unclassified and classified

24 versions.
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1 (b) INTERIM REPORT.—The Commission shall sub2 mit to the President and the designated congressional

3 committees an interim report describing the Commission’s

4 progress in fulfilling its duties under section 303. The in5 terim report shall include any preliminary recommenda6 tions the Commission may have reached and shall be sub7 mitted not later than October 1, 1995.

8 (c) DESIGNATED CONGRESSIONAL COMMITTEES.—

9 For purposes of this section, the term ‘‘designated con10 gressional committees’’ means—

11 (1) the Committee on National Security, the

12 Committee on International Relations, and the Com13 mittee on Appropriations of the House of Represent14 atives; and

15 (2) the Committee on Armed Services, the

16 Committee on Foreign Relations, and the Committee

17 on Appropriations of the Senate.

18 SEC. 305. POWERS.

19 (a) HEARINGS.—The Commission may, for the pur20 pose of carrying out this section, conduct such hearings,

21 sit and act at such times, take such testimony, and receive

22 such evidence, as the Commission considers appropriate.

23 (b) ASSISTANCE FROM OTHER AGENCIES.—The

24 Commission may secure directly from any department or

25 agency of the Federal Government such information, rel-
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1 evant to its duties under this title, as may be necessary

2 to carry out such duties. Upon request of the chairman

3 of the Commission, the head of the department or agency

4 shall, to the extent permitted by law, furnish such infor5 mation to the Commission.

6 (c) MAIL.—The Commission may use the United

7 States mails in the same manner and under the same con8 ditions as the departments and agencies of the Federal

9 Government.

10 (d) ASSISTANCE FROM SECRETARY OF DEFENSE.—

11 The Secretary of Defense shall provide to the Commission

12 such reasonable administrative and support services as the

13 Commission may request.

14 SEC. 306. COMMISSION PROCEDURES.

15 (a) MEETINGS.—The Commission shall meet on a

16 regular basis (as determined by the chairman) and at the

17 call of the chairman or a majority of its members.

18 (b) QUORUM.—A majority of the members of the

19 Commission shall constitute a quorum for the transaction

20 of business.

21 SEC. 307. PERSONNEL MATTERS.

22 (a) COMPENSATION.—Each member of the Commis23 sion shall serve without compensation, but shall be allowed

24 travel expenses including per diem in lieu of subsistence,

25 as authorized by section 5703 of title 5, United States
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1 Code, when engaged in the performance of Commission

2 duties.

3 (b) STAFF.—The Commission shall appoint a staff

4 director, who shall be paid at a rate not to exceed the

5 maximum rate of basic pay under section 5376 of title

6 5, United States Code, and such professional and clerical

7 personnel as may be reasonable and necessary to enable

8 the Commission to carry out its duties under this title

9 without regard to the provisions of title 5, United States

10 Code, governing appointments in the competitive service,

11 and without regard to the provisions of chapter 51 and

12 subchapter III of chapter 53 of such title, or any other

13 provision of law, relating to the number, classification, and

14 General Schedule rates. No employee appointed under this

15 subsection (other than the staff director) may be com16 pensated at a rate to exceed the maximum rate applicable

17 to level 15 of the General Schedule.

18 (c) DETAILED PERSONNEL.—Upon request of the

19 chairman of the Commission, the head of any department

20 or agency of the Federal Government is authorized to de21 tail, without reimbursement, any personnel of such depart22 ment or agency to the Commission to assist the Commis23 sion in carrying out its duties under this section. The de24 tail of any such personnel may not result in the interrup-
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1 tion or loss of civil service status or privilege of such per2 sonnel.

3 SEC. 308. TERMINATION OF THE COMMISSION.

4 The Commission shall terminate upon submission of

5 the final report required by section 303.

6 SEC. 309. FUNDING.

7 Of the funds available to the Department of Defense,

8 $1,500,000 shall be made available to the Commission to

9 carry out the provisions of this title.

10 TITLE IV—COMMAND OF UNITED

11 STATES FORCES

12 SEC. 401. LIMITATION ON EXPENDITURE OF DEPARTMENT

13 OF DEFENSE FUNDS FOR UNITED STATES

14 FORCES PLACED UNDER COMMAND OR

15 OPERATIONAL CONTROL OF A FOREIGN NA16 TIONAL ACTING ON BEHALF OF THE UNITED

17 NATIONS.

18 (a) IN GENERAL.—(1) Chapter 20 of title 10, United

19 States Code, is amended by inserting after section 404 the

20 following new section:
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1 ‘‘§ 405. Placement of United States forces under com2 mand or operational control of foreign

3 nationals acting on behalf of the United

4 Nations: limitation

5 ‘‘(a) LIMITATION.—(1) Except as provided in sub6 sections (b) and (c), funds appropriated or otherwise made

7 available for the Department of Defense may not be obli8 gated or expended for activities of any element of the

9 armed forces that after the date of the enactment of this

10 section is placed under the command or operational con11 trol of a foreign national acting on behalf of the United

12 Nations for the purpose of international peacekeeping,

13 peacemaking, peace-enforcing, or similar activity that is

14 authorized by the Secretary Council under chapter VI or

15 VII of the Charter of the United Nations.

16 ‘‘(2) For purposes of this section, elements of the

17 armed forces shall be considered to be placed under the

18 command or operational control of a foreign national act19 ing on behalf of the United Nations only in a case in which

20 the senior military commander of the United Nations force

21 or operation is a foreign national.

22 ‘‘(b) EXCEPTION FOR PRESIDENTIAL CERTIFI23 CATION.—(1) Subsection (a) shall not apply in the case

24 of a proposed placement of any element of the armed

25 forces under such command or operational control if the

26 President, not less than 15 days before the date on which
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1 such command or operational control is to become effec2 tive (or as provided in paragraph (2)), meets the require3 ments of subsection (d).

4 ‘‘(2) If the President certifies to Congress that an

5 emergency exists that precludes the President from meet6 ing the requirements of subsection (d) 15 days before plac7 ing any element of the armed forces under such command

8 or operational control, the President may place such forces

9 under such command or operational control and meet the

10 requirements of subsection (d) in a timely manner, but

11 in no event later than 48 hours after such command or

12 operational control becomes effective.

13 ‘‘(c) EXCEPTION FOR AUTHORIZATION BY LAW.—

14 Subsection (a) shall not apply in the case of a proposed

15 placement of any element of the armed forces under such

16 command or operational control if the Congress specifi17 cally authorizes by law that particular placement of Unit18 ed States forces under such command or operational con19 trol.

20 ‘‘(d) PRESIDENTIAL CERTIFICATIONS.—The require21 ments referred to in subsection (b)(1) are that the Presi22 dent submit to Congress the following:

23 ‘‘(1) Certification by the President that—
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1 ‘‘(A) such a command or operational con2 trol arrangement is necessary to protect na3 tional security interests of the United States;

4 ‘‘(B) the commander of any unit of the

5 armed forces proposed for placement under the

6 command or operational control of a foreign na7 tional acting directly on behalf of the United

8 Nations will at all times retain the right—

9 ‘‘(i) to report independently to supe10 rior United States military authorities; and

11 ‘‘(ii) to decline to comply with orders

12 judged by the commander to be illegal,

13 militarily imprudent, or beyond the man14 date of the mission to which the United

15 States agreed with the United Nations,

16 until such time as that commander receives

17 direction from superior United States mili18 tary authorities with respect to the orders

19 that the commander has declined to com20 ply with;

21 ‘‘(C) any element of the armed forces pro22 posed for placement under the command or

23 operational control of a foreign national acting

24 directly on behalf of the United Nations will at

25 all times remain under United States adminis-
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1 trative command for such purposes as discipline

2 and evaluation; and

3 ‘‘(D) the United States will retain the au4 thority to withdraw any element of the armed

5 forces from the proposed operation at any time

6 and to take any action it considers necessary to

7 protect those forces if they are engaged.

8 ‘‘(2) A report setting forth the following:

9 ‘‘(A) A description of the national security

10 interests that require the placement of United

11 States forces under the command or operational

12 control of a foreign national acting directly on

13 behalf of the United Nations.

14 ‘‘(B) The mission of the United States

15 forces involved.

16 ‘‘(C) The expected size and composition of

17 the United States forces involved.

18 ‘‘(D) The incremental cost to the United

19 States of participation in the United Nations

20 operation by the United States forces which are

21 proposed to be placed under the command or

22 operational control of a foreign national.

23 ‘‘(E) The precise command and control re24 lationship between the United States forces in-
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1 volved and the United Nations command struc2 ture.

3 ‘‘(F) The precise command and control re4 lationship between the United States forces in5 volved and the commander of the United States

6 unified command for the region in which those

7 United States forces are to operate.

8 ‘‘(G) The extent to which the United

9 States forces involved will rely on non-United

10 States forces for security and self-defense and

11 an assessment on the ability of those non-Unit12 ed States forces to provide adequate security to

13 the United States forces involved.

14 ‘‘(H) The timetable for complete with15 drawal of the United States forces involved.

16 ‘‘(e) CLASSIFICATION OF REPORT.—A report under

17 subsection (c) shall be submitted in unclassified form and,

18 if necessary, in classified form.

19 ‘‘(f) EXCEPTION FOR SMALL FORCES.—This section

20 does not apply in a case in which fewer than 50 members

21 of the armed forces are participating in a particular Unit22 ed Nations operation or activity.

23 ‘‘(g) INTERPRETATION.—Nothing in this section may

24 be construed—
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1 ‘‘(1) as authority for the President to use any

2 element of the armed forces in any operation; or

3 ‘‘(2) as authority for the President to place any

4 element of the armed forces under the command or

5 operational control of a foreign national.’’.

6 (2) The table of sections at the beginning of sub7 chapter I of such chapter is amended by adding at the

8 end the following new item:

‘‘405. Placement of United States forces under command or operational control

of foreign nationals acting on behalf of the United Nations:

limitation.’’.

9 (b) REPORT RELATING TO CONSTITUTIONALITY.—

10 No certification may be submitted by the President under

11 section 405(d)(1) of title 10, United States Code, as added

12 by subsection (a), until the President has submitted to the

13 Congress (after the date of the enactment of this Act) a

14 memorandum of legal points and authorities explaining

15 why the placement of elements of United States Armed

16 Forces under the command or operational control of a for17 eign national acting on behalf of the United Nations does

18 not violate the Constitution.

19 (c) EXCEPTION FOR ONGOING OPERATION IN MAC20 EDONIA.—Section 405 of title 10, United States Code, as

21 added by subsection (a) does not apply in the case of ac22 tivities of the Armed Forces in Macedonia pursuant to

23 United Nations Security Council Resolutions 795, adopted

24 December 11, 1992, and 842, adopted June 18, 1993, as
25

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1 part of the United Nations force designated as the United

2 Nations Protection Force (UNPROFOR).

3 SEC. 402. LIMITATION ON PLACEMENT OF UNITED STATES

4 ARMED FORCES UNDER FOREIGN CONTROL

5 FOR A UNITED NATIONS PEACEKEEPING AC6 TIVITY.

7 (a) IN GENERAL.—Section 6 of the United Nations

8 Participation Act of 1945 (22 U.S.C. 287d) is amended

9 to read as follows:

10 ‘‘SEC. 6. (a) AGREEMENTS WITH SECURITY COUN11 CIL.—(1) Any special agreement described in paragraph

12 (2) that is concluded by the President with the Security

13 Council shall not be effective unless approved by the Con14 gress by law.

15 ‘‘(2) An agreement referred to in paragraph (1) is

16 an agreement providing for the numbers and types of

17 United States Armed Forces, their degree of readiness and

18 general locations, or the nature of facilities and assistance,

19 including rights of passage, to be made available to the

20 Security Council for the purpose of maintaining inter21 national peace and security in accordance with Article 43

22 of the Charter of the United Nations.

23 ‘‘(b) LIMITATION.—(1) Except as provided in sub24 sections (c) and (d), the President may not place any ele25 ment of the Armed Forces under the command or oper-
26

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1 ational control of a foreign national acting on behalf of

2 the United Nations for the purpose of international peace3 keeping, peacemaking, peace-enforcing, or similar activity

4 that is authorized by the Secretary Council under chapter

5 VI or VII of the Charter of the United Nations.

6 ‘‘(2) For purposes of this section, elements of the

7 Armed Forces shall be considered to be placed under the

8 command or operational control of a foreign national act9 ing on behalf of the United Nations only in a case in which

10 the senior military commander of the United Nations force

11 or operation is a foreign national.

12 ‘‘(c) EXCEPTION FOR PRESIDENTIAL CERTIFI13 CATION.—(1) Subsection (b) shall not apply in the case

14 of a proposed placement of any element of the Armed

15 Forces under such command or operational control if the

16 President, not less than 15 days before the date on which

17 such command or operational control is to become effec18 tive (or as provided in paragraph (2)), meets the require19 ments of subsection (e).

20 ‘‘(2) If the President certifies to Congress that an

21 emergency exists that precludes the President from meet22 ing the requirements of subsection (e) 15 days before plac23 ing any element of the Armed Forces under such com24 mand or operational control, the President may place such

25 forces under such command or operational control and
27

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1 meet the requirements of subsection (e) in a timely man2 ner, but in no event later than 48 hours after such com3 mand or operational control becomes effective.

4 ‘‘(d) EXCEPTION FOR AUTHORIZATION BY LAW.—

5 Subsection (b) shall not apply in the case of a proposed

6 placement of any element of the Armed Forces under such

7 command or operational control if the Congress specifi8 cally authorizes by law that particular placement of Unit9 ed States forces under such command or operational con10 trol.

11 ‘‘(e) PRESIDENTIAL CERTIFICATIONS.—The require12 ments referred to in subsection (c)(1) are that the Presi13 dent submit to Congress the following:

14 ‘‘(1) Certification by the President that—

15 ‘‘(A) such a command or operational con16 trol arrangement is necessary to protect na17 tional security interests of the United States;

18 ‘‘(B) the commander of any unit of the

19 Armed Forces proposed for placement under

20 the command or operational control of a foreign

21 national acting directly on behalf of the United

22 Nations will at all times retain the right—

23 ‘‘(i) to report independently to supe24 rior United States military authorities; and
28

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1 ‘‘(ii) to decline to comply with orders

2 judged by the commander to be illegal,

3 militarily imprudent, or beyond the man4 date of the mission to which the United

5 States agreed with the United Nations,

6 until such time as that commander receives

7 direction from superior United States mili8 tary authorities with respect to the orders

9 that the commander has declined to com10 ply with;

11 ‘‘(C) any element of the Armed Forces

12 proposed for placement under the command or

13 operational control of a foreign national acting

14 directly on behalf of the United Nations will at

15 all times remain under United States adminis16 trative command for such purposes as discipline

17 and evaluation; and

18 ‘‘(D) the United States will retain the au19 thority to withdraw any element of the Armed

20 Forces from the proposed operation at any time

21 and to take any action it considers necessary to

22 protect those forces if they are engaged.

23 ‘‘(2) A report setting forth the following:

24 ‘‘(A) A description of the national security

25 interests that require the placement of United
29

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1 States forces under the command or operational

2 control of a foreign national acting directly on

3 behalf of the United Nations.

4 ‘‘(B) The mission of the United States

5 forces involved.

6 ‘‘(C) The expected size and composition of

7 the United States forces involved.

8 ‘‘(D) The incremental cost to the United

9 States of participation in the United Nations

10 operation by the United States forces which are

11 proposed to be placed under the command or

12 operational control of a foreign national.

13 ‘‘(E) The precise command and control re14 lationship between the United States forces in15 volved and the United Nations command struc16 ture.

17 ‘‘(F) The precise command and control re18 lationship between the United States forces in19 volved and the commander of the United States

20 unified command for the region in which those

21 United States forces are to operate.

22 ‘‘(G) The extent to which the United

23 States forces involved will rely on non-United

24 States forces for security and self-defense and

25 an assessment on the ability of those non-
30

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1 United States forces to provide adequate secu2 rity to the United States forces involved.

3 ‘‘(H) The timetable for complete with4 drawal of the United States forces involved.

5 ‘‘(f) CLASSIFICATION OF REPORT.—A report under

6 subsection (e) shall be submitted in unclassified form and,

7 if necessary, in classified form.

8 ‘‘(g) EXCEPTION FOR SMALL FORCES.—This section

9 does not apply in a case in which fewer than 50 members

10 of the Armed Forces are participating in a particular

11 United Nations operation or activity.

12 ‘‘(h) INTERPRETATION.—Except as authorized in

13 section 7 of this Act, nothing contained in this Act shall

14 be construed as an authorization to the President by the

15 Congress to make available to the Security Council United

16 States Armed Forces, facilities, or assistance.’’.

17 (b) REPORT RELATING TO CONSTITUTIONALITY.—

18 No certification may be submitted by the President under

19 section 6(e)(1) of the United Nations Participation Act

20 of 1945, as amended by subsection (a), until the President

21 has submitted to the Congress (after the date of the enact22 ment of this Act) a memorandum of legal points and au23 thorities explaining why the placement of elements of

24 United States Armed Forces under the command or oper-
31

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1 ational control of a foreign national acting on behalf of

2 the United Nations does not violate the Constitution.

3 (c) EXCEPTION FOR ONGOING OPERATION IN MAC4 EDONIA.—Section 6 of the United Nations Participation

5 Act of 1945, as amended by subsection (a), does not apply

6 in the case of activities of the Armed Forces in Macedonia

7 pursuant to United Nations Security Council Resolutions

8 795, adopted December 11, 1992, and 842, adopted June

9 18, 1993, as part of the United Nations force designated

10 as the United Nations Protection Force (UNPROFOR).

11 TITLE V—UNITED NATIONS

12 SEC. 501. CREDIT AGAINST ASSESSMENT FOR UNITED

13 STATES EXPENDITURES IN SUPPORT OF

14 UNITED NATIONS PEACEKEEPING OPER15 ATIONS.

16 (a) IN GENERAL.—The United Nations Participation

17 Act of 1945 (22 U.S.C. 287 et seq.) is amended by adding

18 at the end the following new section:

19 ‘‘SEC. 10. (a) CREDIT AGAINST ASSESSMENT FOR

20 EXPENDITURES IN SUPPORT OF PEACEKEEPING OPER21 ATIONS.—

22 ‘‘(1) LIMITATION.—Funds may be obligated for

23 payment to the United Nations of the United States

24 assessed share of peacekeeping operations for a fis25 cal year only to the extent that—
32

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1 ‘‘(A) the amount of such assessed share

2 exceeds—

3 ‘‘(B) the amount equal to—

4 ‘‘(i) the total amount identified in the

5 report submitted pursuant to paragraph

6 (2) for the preceding fiscal year, reduced

7 by

8 ‘‘(ii) the amount of any reimburse9 ment or credit to the United States by the

10 United Nations for the costs of United

11 States support for, or participation in,

12 United Nations peacekeeping activities for

13 that preceding fiscal year.

14 ‘‘(2) ANNUAL REPORT.—The President shall, at

15 the time of submission of the budget to the Congress

16 for any fiscal year, submit to the designated con17 gressional committees a report on the total amount

18 of funds appropriated for national defense purposes

19 for any fiscal year that were expended during the

20 preceding fiscal year to support or participate in, di21 rectly or indirectly, United Nations peacekeeping ac22 tivities. Such report shall include a separate listing

23 by United Nations peacekeeping operation of the

24 amount of funds expended to support or participate

25 in each such operation.
33

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1 ‘‘(3) DEFINITIONS.—For purposes of this sub2 section:

3 ‘‘(A) UNITED NATIONS PEACEKEEPING AC4 TIVITIES.—The term ‘United Nations peace5 keeping activities’ means any international

6 peacekeeping, peacemaking, peace-enforcing, or

7 similar activity that is authorized by the United

8 Nations Security Council under chapter VI or

9 VII of the Charter of the United Nations.

10 ‘‘(B) DESIGNATED CONGRESSIONAL COM11 MITTEES.—The term ‘designated congressional

12 committees’ includes the Committee on Na13 tional Security of the House of Representatives

14 and the Committee on Armed Services of the

15 Senate.’’.

16 (b) EFFECTIVE DATE.—The limitation contained in

17 section 10(a)(1) of the United Nations Participation Act

18 of 1945, as added by subsection (a), shall apply only with

19 respect to United Nations assessments for peacekeeping

20 operations after fiscal year 1995.
34

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1 SEC. 502. CODIFICATION OF REQUIRED NOTICE TO CON2 GRESS OF PROPOSED UNITED NATIONS

3 PEACEKEEPING ACTIVITIES.

4 (a) REQUIRED NOTICE.—Section 4 of the United Na5 tions Participation Act of 1945 (22 U.S.C. 287b) is

6 amended—

7 (1) by striking the second sentence of sub8 section (a);

9 (2) by redesignating subsection (e) as sub10 section (f); and

11 (3) by inserting after subsection (d) a new sub12 section (e) consisting of the text of subsection (a) of

13 section 407 of the Foreign Relations Authorization

14 Act, Fiscal Years 1994 and 1995 (Public Law 103–

15 236), revised—

16 (A) in paragraph (2)—

17 (i) in the matter preceding subpara18 graph (A), by inserting ‘‘in written form

19 not later than the 10th day of’’ after

20 ‘‘shall be provided’’;

21 (ii) in subparagraph (A)(iv), by insert22 ing ‘‘(including facilities, training, trans23 portation, communication, øintelligence,¿

24 and logistical support, but not including

25 intelligence activities reportable under title
35

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1 V of the National Security Act of 1947)’’

2 after ‘‘covered by the resolution’’; and

3 (iii) in subparagraph (B), by adding

4 at the end the following new clause:

5 ‘‘(iv) A description of any other Unit6 ed States assistance to or support for the

7 operation (including facilities, training,

8 transportation, communication, intel9 ligence, and logistical support, but not in10 cluding intelligence activities reportable

11 under title V of the National Security Act

12 of 1947), and an estimate of the cost to the

13 United States of such assistance or sup14 port.’’;

15 (B) by striking paragraph (3);

16 (C) by redesignating paragraph (4) as

17 paragraph (3) and in the last sentence of that

18 paragraph by striking ‘‘and (ii)’’ and inserting

19 ‘‘through (iv)’’;

20 (D) by inserting after paragraph (3) (as so

21 redesignated) the following new paragraph:

22 ‘‘(4) NEW UNITED NATIONS PEACEKEEPING OP23 ERATION DEFINED.—As used in paragraphs (2) (B)

24 and (3), the term ‘new United Nations peacekeeping
36

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1 operation’ includes any existing or otherwise ongoing

2 United Nations peacekeeping operation—

3 ‘‘(A) that is to be expanded by more than

4 25 percent during the period covered by the Se5 curity Council resolution, as measured by either

6 the number of personnel participating (or au7 thorized to participate) in the operation or the

8 budget of the operation; or

9 ‘‘(B) that is to be authorized to operate in

10 a country in which it was not previously author11 ized to operate.’’; and

12 (E) in paragraph (5)—

13 (i) by striking ‘‘(5) NOTIFICATION’’

14 and all that follows through ‘‘(B) The

15 President’’ and inserting ‘‘(5) QUARTERLY

16 REPORTS.—The President’’; and

17 (ii) by striking ‘‘section 4(d)’’ and all

18 that follows through ‘‘of this section)’’ and

19 inserting ‘‘subsection (d)’’.

20 (b) CONFORMING REPEAL.—Subsection (a) of section

21 407 of the Foreign Relations Authorization Act, Fiscal

22 Years 1994 and 1995 (Public Law 103–236), is repealed.

23 (c) DESIGNATED CONGRESSIONAL COMMITTEES.—

24 Subsection (f) of section 4 of the United Nations Partici-
37

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1 pation Act of 1945 (22 U.S.C. 287b(f)), as redesignated

2 by subsection (a), is amended to read as follows:

3 ‘‘(f) DESIGNATED CONGRESSIONAL COMMITTEES.—

4 As used in this section, the term ‘‘designated congres5 sional committees’’ has the meaning given such term in

6 section 10(f).’’.

7 SEC. 503. NOTICE TO CONGRESS REGARDING UNITED

8 STATES CONTRIBUTIONS FOR UNITED NA9 TIONS PEACEKEEPING ACTIVITIES.

10 Section 10 of the United Nations Participation Act

11 of 1945 is amended by adding after subsection (a), as

12 added by section 501, the following new subsection:

13 ‘‘(b) NOTICE TO CONGRESS REGARDING CONTRIBU14 TIONS FOR PEACEKEEPING ACTIVITIES.—

15 ‘‘(1) NOTICE REGARDING UNITED NATIONS

16 BILLING REQUEST.—Not later than 15 days after

17 the date on which the United States receives from

18 the United Nations a billing requesting a payment

19 by the United States of any contribution for United

20 Nations peacekeeping activities, the President shall

21 so notify the designated congressional committees.

22 ‘‘(2) NOTICE REGARDING PROPOSED OBLIGA23 TION OF FUNDS.—The President shall notify the

24 designated congressional committees at least 15 days

25 before the United States obligates funds for any as-
38

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1 sessed or voluntary contribution for United Nations

2 peacekeeping activities, except that if the President

3 determines that an emergency exists which prevents

4 compliance with the requirement that such notifica5 tion be provided 15 days in advance and that such

6 contribution is in the national security interests of

7 the United States, such notification shall be pro8 vided in a timely manner but no later than 48 hours

9 after such obligation.’’.

10 SEC. 504. REVISED NOTICE TO CONGRESS REGARDING

11 UNITED STATES ASSISTANCE FOR UNITED

12 NATIONS PEACEKEEPING ACTIVITIES.

13 Section 7 of the United Nations Participation Act of

14 1945 (22 U.S.C. 287d–1) is amended—

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

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

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

19 ‘‘(e)(1) Except as provided in paragraphs (2) and (3),

20 at least 15 days before any agency or entity of the United

21 States Government makes available to the United Nations

22 any assistance or facility to support or facilitate United

23 Nations peacekeeping activities, the President shall so no24 tify the designated congressional committees.

25 ‘‘(2) Paragraph (1) does not apply to—
39

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1 ‘‘(A) assistance having a value of less than

2 $1,000,000 in the case of nonreimbursable assist3 ance or less than $5,000,000 in the case of reim4 bursable assistance; or

5 ‘‘(B) assistance provided under the emergency

6 drawdown authority contained in sections 506(a)(1)

7 and 552(c)(2) of the Foreign Assistance Act of 1961

8 (22 U.S.C. 2318(a)(1), 2348a(c)(2)).

9 ‘‘(3) If the President determines that an emergency

10 exists which prevents compliance with the requirement in

11 paragraph (1) that notification be provided 15 days in ad12 vance and that the contribution of any such assistance or

13 facility is in the national security interests of the United

14 States, such notification shall be provided in a timely man15 ner but not later than 48 hours after such assistance or

16 facility is made available to the United Nations.

17 ‘‘(4) For purposes of this subsection, the term ‘assist18 ance’—

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

20 logistical support, supplies, goods, or services (in21 cluding command, øcontrol, communications or intel22 ligence¿ control or communications assistance and

23 training), and the grant of rights of passage; and

24 ‘‘(B) includes assistance provided through in25 kind contributions or through the provision of sup-
40

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1 port, supplies, goods, or services on any terms, in2 cluding on a grant, lease, loan, or reimbursable

3 basis; but

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

5 or voluntary contributions or intelligence activities

6 reportable under title V of the National Security Act

7 of 1947.’’.

8 SEC. 505. UNITED STATES CONTRIBUTIONS TO UNITED NA9 TIONS PEACEKEEPING ACTIVITIES.

10 Section 4(d)(1) of the United Nations Participation

11 Act of 1945 (22 U.S.C. 287b(d)(1)) is amended—

12 (1) by redesignating subparagraph (D) as sub13 paragraph (E); and

14 (2) by inserting after subparagraph (C) the fol15 lowing new subparagraph:

16 ‘‘(D) A description of the anticipated

17 budget for the next fiscal year for United

18 States participation in United Nations peace19 keeping activities, including a statement of—

20 ‘‘(i) the aggregate amount of funds

21 available to the United Nations for that

22 fiscal year, including assessed and vol23 untary contributions, which may be made

24 available for United Nations peacekeeping

25 activities; and
41

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1 ‘‘(ii) the aggregate amount of funds

2 (from all accounts) and the aggregate costs

3 of in-kind contributions that the United

4 States proposes to make available to the

5 United Nations for that fiscal year for

6 United Nations peacekeeping activities.’’.

7 SEC. 506. REIMBURSEMENT TO THE UNITED STATES FOR

8 IN-KIND CONTRIBUTIONS TO UNITED NA9 TIONS PEACEKEEPING ACTIVITIES.

10 (a) IN GENERAL.—Section 7 of the United Nations

11 Participation Act of 1945 (22 U.S.C. 287d–1), as amend12 ed by section 504, is further amended—

13 (1) in subsection (b)—

14 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’;

15 (B) by striking ‘‘United States: Provided,’’

16 through ‘‘Provided further, That when’’ and in17 serting ‘‘United States. When’’; and

18 (C) by adding at the end the following:

19 ‘‘(2) The Secretary of Defense may waive the require20 ment for reimbursement under paragraph (1) if the Sec21 retary, after consultation with the Secretary of State and

22 the Director of the Office of Management and Budget, de23 termines that an emergency exists which justifies waiver

24 of that requirement. Any such waiver shall be submitted

25 to the designated congressional committees, as defined in
42

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1 section 10(a)(3)(B), at least 15 days before it takes effect,

2 except that if the President determines that an emergency

3 exists which prevents compliance with the requirement

4 that the notification be provided 15 days in advance and

5 that the provision under subsection (a)(1) or (a)(2) of per6 sonnel or assistance on a nonreimbursable basis is in the

7 national security interests of the United States, such noti8 fication shall be provided in a timely manner but no later

9 than 48 hours after such waiver takes effect.’’; and

10 (2) by adding at the end the following new sub11 section:

12 ‘‘(f) The Secretary of State shall ensure that goods

13 and services provided on a reimbursable basis by the De14 partment of Defense to the United Nations for United Na15 tions peacekeeping operations under this section or any

16 other provision of law are reimbursed at the appropriate

17 value, as determined by the Secretary of Defense.’’.

18 (b) INITIAL REPORT.—

19 (1) IN GENERAL.—Not later than one year

20 after the date of the enactment of this Act, the Rep21 resentative of the United States to the United Na22 tions shall submit to the designated congressional

23 committees a report on all actions taken by the

24 United States mission to the United Nations to

25 achieve the objective described in section 7(f) of the
43

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1 United Nations Participation Act of 1945, as added

2 by subsection (a)(2).

3 (2) DESIGNATED CONGRESSIONAL COMMITTEES

4 DEFINED.—As used in this subsection, the term

5 ‘‘designated congressional committees’’ has the

6 meaning given such term in section 10(a)(3)(B) of

7 the United Nations Participation Act of 1945, as

8 added by section 501.

9 SEC. 507. PROHIBITION ON USE OF FUNDS TO PAY UNITED

10 STATES ASSESSED OR VOLUNTARY CON11 TRIBUTION FOR UNITED NATIONS PEACE12 KEEPING ACTIVITIES UNLESS DEPARTMENT

13 OF DEFENSE REIMBURSED BY UNITED NA14 TIONS FOR CERTAIN GOODS AND SERVICES.

15 (a) IN GENERAL.—Section 10 of the United Nations

16 Participation Act of 1945 is amended by adding after sub17 section (b), as added by section 503, the following new

18 subsection:

19 ‘‘(c) PROHIBITION ON USE OF FUNDS TO PAY AS20 SESSED OR VOLUNTARY CONTRIBUTIONS FOR PEACE21 KEEPING ACTIVITIES UNLESS DEPARTMENT OF DEFENSE

22 REIMBURSED FOR CERTAIN GOODS AND SERVICES.—Ap23 propriated funds may not be used to pay any United

24 States assessed or voluntary contribution during any fiscal

25 year for United Nations peacekeeping activities until the
44

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1 Secretary of Defense certifies to the Congress that the

2 United Nations has reimbursed the Department of De3 fense directly for all goods and services that were provided

4 to the United Nations by the Department of Defense on

5 a reimbursable basis during the preceding fiscal year for

6 United Nations peacekeeping activities, including person7 nel and assistance provided under section 7 (except to the

8 extent that the authority of subsection (b)(2) of such sec9 tion to waive the reimbursement requirement was exer10 cised with respect to such personnel or assistance).’’.

11 (b) EFFECTIVE DATE.—The prohibition contained in

12 section 10(c) of the United Nations Participation Act of

13 1945, as added by subsection (a), shall apply only with

14 respect to fiscal years after fiscal year 1995.

15 SEC. 508. LIMITATION ON USE OF DEPARTMENT OF DE16 FENSE FUNDS FOR UNITED STATES SHARE

17 OF COSTS OF UNITED NATIONS PEACEKEEP18 ING ACTIVITIES.

19 (a) IN GENERAL.—(1) Chapter 20 of title 10, United

20 States Code, is amended by inserting after section 405,

21 as added by section 401 of this Act, the following new

22 section:
45

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1 ‘‘§ 406. Use of Department of Defense funds for Unit2 ed States share of costs of United Nations

3 peacekeeping activities: limitation

4 ‘‘(a) PROHIBITION ON USE OF FUNDS FOR PAYMENT

5 OF ASSESSMENT.—No funds available to the Department

6 of Defense shall be available for payment of any United

7 States assessed or voluntary contribution for United Na8 tions peacekeeping activities.

9 ‘‘(b) LIMITATION ON USE OF FUNDS FOR PARTICIPA10 TION IN PEACEKEEPING ACTIVITIES.—Funds available to

11 the Department of Defense may be used for payment of

12 the incremental costs associated with the participation of

13 elements of the armed forces in United Nations peacekeep14 ing activities only to the extent that Congress has by law

15 specifically authorized the use of those funds for such pur16 poses.’’.

17 (2) The table of sections at the beginning of such

18 chapter is amended by adding at the end the following

19 new item:

‘‘406. Use of Department of Defense funds for United States share of costs of

United Nations peacekeeping activities: limitation.’’.

20 (b) EFFECTIVE DATE.—Section 406 of title 10, Unit21 ed States Code, as added by subsection (a), shall take ef22 fect on October 1, 1995.
46

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1 SEC. 509. CODIFICATION OF LIMITATION ON AMOUNT OF

2 UNITED STATES ASSESSED CONTRIBUTIONS

3 FOR UNITED NATIONS PEACEKEEPING OPER4 ATIONS.

5 (a) IN GENERAL.—Section 10 of the United Nations

6 Participation Act of 1945 is amended by adding after sub7 section (c), as added by section 507, the following new

8 subsection:

9 ‘‘(d) LIMITATION ON ASSESSED CONTRIBUTION

10 WITH RESPECT TO A PEACEKEEPING OPERATION.—

11 Funds authorized to be appropriated for ‘Contributions

12 for International Peacekeeping Activities’ for any fiscal

13 year shall not be available for the payment of the United

14 States assessed contribution for a United Nations peace15 keeping operation in an amount which is greater than 25

16 percent of the total amount of all assessed contributions

17 for that operation.’’.

18 (b) EFFECTIVE DATE.—The limitation contained in

19 section 10(d) of the United Nations Participation Act of

20 1945, as added by subsection (a), shall apply only with

21 respect to funds authorized to be appropriated for ‘‘Con22 tributions for International Peacekeeping Activities’’ for

23 fiscal years after fiscal year 1995.

24 (c) CONFORMING AMENDMENT.—Section 404(b) of

25 the Foreign Relations Authorization Act, Fiscal Years
47

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1 1994 and 1995 (Public Law 103–236) is amended by

2 striking paragraph (2).

3 SEC. 510. BUY AMERICAN REQUIREMENT.

4 Section 10 of the United Nations Participation Act

5 of 1945 is amended by adding after subsection (d), as

6 added by section 509, the following new subsections:

7 ‘‘(e) BUY AMERICAN REQUIREMENT.—No funds may

8 be obligated or expended to pay any United States as9 sessed or voluntary contribution for United Nations peace10 keeping activities unless the Secretary of State determines

11 and certifies to the designated congressional committees

12 that United States manufacturers and suppliers are being

13 given opportunities to provide equipment, services, and

14 material for such activities equal to those being given to

15 foreign manufacturers and suppliers.

16 ‘‘(f) DESIGNATED CONGRESSIONAL COMMITTEES

17 DEFINED.—As used in this section, the term ‘designated

18 congressional committees’ means—

19 ‘‘(1) the Committee on International Relations

20 and the Committee on Appropriations of the House

21 of Representatives; and

22 ‘‘(2) the Committee on Foreign Relations and

23 the Committee on Appropriations of the Senate.’’.
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1 SEC. 511. UNITED NATIONS BUDGETARY AND MANAGE2 MENT REFORM.

3 (a) IN GENERAL.—The United Nations Participation

4 Act of 1945 (22 U.S.C. 287 et seq.) is further amended

5 by adding at the end the following new section:

6 ‘‘SEC. 11. (a) WITHHOLDING OF CONTRIBUTIONS.—

7 ‘‘(1) ASSESSED CONTRIBUTIONS FOR REGULAR

8 UNITED NATIONS BUDGET.—At the beginning of

9 each fiscal year, 20 percent of the amount of funds

10 made available for that fiscal year for United States

11 assessed contributions for the regular United Na12 tions budget shall be withheld from obligation and

13 expenditure unless a certification for that fiscal year

14 has been made under subsection (b).

15 ‘‘(2) ASSESSED CONTRIBUTIONS FOR UNITED

16 NATIONS PEACEKEEPING.—At the beginning of each

17 fiscal year, 50 percent of the amount of funds made

18 available for that fiscal year for United States as19 sessed contributions for United Nations peacekeep20 ing activities shall be withheld from obligation and

21 expenditure unless a certification for that fiscal year

22 has been made under subsection (b).

23 ‘‘(3) VOLUNTARY CONTRIBUTIONS FOR UNITED

24 NATIONS PEACEKEEPING.—The United States may

25 not during any fiscal year pay any voluntary con26 tribution to the United Nations for international
49

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1 peacekeeping activities unless a certification for that

2 fiscal year has been made under subsection (b).

3 ‘‘(b) CERTIFICATION.—The certification referred to

4 in subsection (a) for any fiscal year is a certification by

5 the President to the Congress, submitted on or after the

6 beginning of that fiscal year, of each of the following:

7 ‘‘(1) The United Nations has an independent

8 office of Inspector General to conduct and supervise

9 objective audits, inspections, and investigations re10 lating to programs and operations of the United Na11 tions.

12 ‘‘(2) The United Nations has an Inspector Gen13 eral who was appointed by the Secretary General

14 with the approval of the General Assembly and

15 whose appointment was made principally on the

16 basis of the appointee’s integrity and demonstrated

17 ability in accounting, auditing, financial analysis,

18 law, management analysis, public administration, or

19 investigation.

20 ‘‘(3) The Inspector General is authorized to—

21 ‘‘(A) make investigations and reports relat22 ing to the administration of the programs and

23 operations of the United Nations;
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1 ‘‘(B) have access to all records, documents,

2 and other available materials relating to those

3 programs and operations;

4 ‘‘(C) have direct and prompt access to any

5 official of the United Nations; and

6 ‘‘(D) have access to all records and offi7 cials of the specialized agencies of the United

8 Nations.

9 ‘‘(4) The United Nations has fully imple10 mented, and made available to all member states,

11 procedures that effectively protect the identity of,

12 and prevent reprisals against, any staff member of

13 the United Nations making a complaint or disclosing

14 information to, or cooperating in any investigation

15 or inspection by, the United Nations Inspector Gen16 eral.

17 ‘‘(5) The United Nations has fully implemented

18 procedures that ensure compliance with rec19 ommendations of the United Nations Inspector Gen20 eral.

21 ‘‘(6) The United Nations has required the

22 United Nations Inspector General to issue an annual

23 report and has ensured that the annual report and

24 all other reports of the Inspector General are made
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1 available to the General Assembly without modifica2 tion.

3 ‘‘(7) The United Nations has provided, and is

4 committed to providing, sufficient budgetary re5 sources to ensure the effective operation of the

6 United Nations Inspector General.’’.

7 (b) EFFECTIVE DATE.—Section 11 of the United Na8 tions Participation Act of 1945, as added by subsection

9 (a), shall apply only with respect to fiscal years after fiscal

10 year 1995.

11 øSEC. 512. CONDITIONS ON PROVISION OF INTELLIGENCE

12 TO THE UNITED NATIONS.

13 ø(a) IN GENERAL.—The United Nations Participa14 tion Act of 1945 (22 U.S.C. 287 et seq.) is further amend15 ed by adding at the end the following new section:

16 ø‘‘SEC. 12. (a) CONDITIONS ON PROVISION OF IN17 TELLIGENCE TO THE UNITED NATIONS.—

18 ø‘‘(1) REQUIREMENT FOR AGREEMENT.—The

19 United States may provide intelligence to the United

20 Nations only pursuant to a written agreement be21 tween the President and the Secretary General of

22 the United Nations.

23 ø‘‘(2) CONTENT OF AGREEMENT.—Any such

24 agreement shall specify—
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1 ø‘‘(A) the types of intelligence to be pro2 vided to the United Nations;

3 ø‘‘(B) the circumstances under which intel4 ligence may be provided to the United Nations;

5 and

6 ø‘‘(C) the procedures to be observed by the

7 United Nations—

8 ø‘‘(i) concerning persons who shall

9 have access to the intelligence provided;

10 and

11 ø‘‘(ii) to protect the intelligence

12 against disclosure not authorized by the

13 agreement.

14 ø‘‘(3) DURATION OF AGREEMENT.—Any such

15 agreement shall be effective for a period not to ex16 ceed one year from the date on which the agreement

17 enters into force.

18 ø‘‘(b) ADVANCE NOTIFICATION TO CONGRESS.—An

19 agreement described in subsection (a) shall be effective

20 only if the President has transmitted the agreement to the

21 Committee on International Relations and the Permanent

22 Select Committee on Intelligence of the House of Rep23 resentatives and to the Committee on Foreign Relations

24 and the Select Committee on Intelligence of the Senate
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1 not less than 30 days in advance of the entry into force

2 of the agreement.

3 ø‘‘(c) DELEGATION OF AUTHORITY.—The President

4 may delegate the authority and assign the duties of the

5 President under this section only to the Secretary of De6 fense or the Director of Central Intelligence.

7 ø‘‘(d) EXCEPTIONS.—Subsection (a) shall not apply

8 to the provision of intelligence—

9 ø‘‘(1) that is provided only to, and for the use

10 of, United States Government personnel serving with

11 the United Nations; or

12 ø‘‘(2) that is essential for the protection of na13 tionals of the United States, including members of

14 the United States Armed Forces and civilian person15 nel of the United States Government.

16 ø‘‘(e) RELATIONSHIP TO EXISTING LAW.—Nothing

17 in this section shall be construed to—

18 ø‘‘(1) impair or otherwise affect the authority

19 of the Director of Central Intelligence to protect in20 telligence sources and methods from unauthorized

21 disclosure pursuant to section 103(c)(5) of the Na22 tional Security Act of 1947 (50 U.S.C. 403–3(c)(5));

23 or

24 ø‘‘(2) supersede or otherwise affect the provi25 sions of—
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1 ø‘‘(A) title V of the National Security Act

2 of 1947 (50 U.S.C. 413–415); or

3 ø‘‘(B) section 112b of title 1, United

4 States Code.’’.

5 ø(b) EFFECTIVE DATE.—The amendment made by

6 subsection (a) shall take effect 60 days after the date of

7 the enactment of this Act.¿

8 SEC. 512. CONDITIONS ON PROVISION OF INTELLIGENCE

9 TO THE UNITED NATIONS.

10 (a) IN GENERAL.—The United Nations Participation

11 Act of 1945 (22 U.S.C. 287 et seq.) is further amended by

12 adding the following new section:

13 ‘‘SEC. 12. (a) PROVISION OF INTELLIGENCE INFORMA14 TION TO THE UNITED NATIONS.—Before intelligence infor15 mation is provided by the United States to the United Na16 tions, the President shall ensure that the Director of Central

17 Intelligence, in consultation with the Secretary of State and

18 the Secretary of Defense, has established guidelines govern19 ing the provision of intelligence information to the United

20 Nations which shall protect intelligence sources and meth21 ods from unauthorized disclosure in accordance with section

22 103(c)(5) of the National Security Act of 1947 (50 U.S.C.

23 403–3(c)(5)).

24 ‘‘(b) PERIODIC AND SPECIAL REPORTS.—(1) The

25 President shall periodically report, but not less frequently
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1 than semiannually, to the Committee on International Re2 lations and the Permanent Select Committee on Intelligence

3 of the House and the Committee on Foreign Relations and

4 the Select Committee on Intelligence of the Senate on the

5 types of intelligence provided to the United Nations and

6 the purposes for which it was provided during the period

7 covered by the report. The President shall also report to the

8 Permanent Select Committee on Intelligence of the House

9 of Representatives and the Select Committee on Intelligence

10 of the Senate, within 15 days after it becomes known to

11 him, any unauthorized disclosure of intelligence provided

12 to the United Nations.

13 ‘‘(2) The requirement for periodic reports under the

14 first sentence of paragraph (1) of this subsection shall not

15 apply to the provision of intelligence that is provided only

16 to, and for the use of, United States Government personnel

17 serving with the United Nations.

18 ‘‘(c) DELEGATION OF DUTIES.—The President may

19 not delegate the duties of the President under this section.

20 ‘‘(d) IMPROVED HANDLING OF INTELLIGENCE INFOR21 MATION BY THE UNITED NATIONS.—The Secretary of State

22 (or the designee of the Secretary), in consultation with the

23 Director of Central Intelligence and the Secretary of De24 fense, shall work with the United Nations to improve the
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1 handling, processing, dissemination, and management of

2 all intelligence information provided to it by its members.

3 ‘‘(e) RELATIONSHIP TO EXISTING LAW.—Nothing in

4 this section shall be construed to—

5 ‘‘(1) impair or otherwise affect the authority of

6 the Director of Central Intelligence to protect intel7 ligence sources and methods from unauthorized disclo8 sure pursuant to section 103(c)(5) of the National Se9 curity Act of 1947 (50 U.S.C. 403–3(c)(5)); or

10 ‘‘(2) supersede or otherwise affect the provisions

11 of title V of the National Security Act of 1947 (50

12 U.S.C. 413–415).’’.

13 (b) EFFECTIVE DATE.—The amendment made by sub14 section (a) shall take effect 45 days after the date of the

15 enactment of this Act.

16 TITLE VI—REVITALIZATION AND

17 EXPANSION OF THE NORTH

18 ATLANTIC TREATY ORGANI19 ZATION

20 SEC. 601. SHORT TITLE.

21 This title may be cited as the ‘‘NATO Revitalization

22 and Expansion Act of 1995’’.

23 SEC. 602. FINDINGS.

24 The Congress makes the following findings:
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1 (1) Since 1948, the North Atlantic Treaty Or2 ganization (NATO) has helped to guarantee the se3 curity, freedom, and prosperity of the United States

4 and its partners in the alliance.

5 (2) NATO has expanded its membership on

6 three different occasions since its founding in 1949.

7 (3) The steadfast and sustained commitment of

8 the member countries of NATO to mutual defense

9 against the threat of communist domination played

10 a significant role in precipitating the collapse of the

11 Iron Curtain and the demise of the Soviet Union.

12 (4) In the place of that threat, new security

13 threats are emerging to the shared interests of the

14 member countries of NATO.

15 (5) Although these new threats are more geo16 graphically and functionally diverse and less predict17 able, they still imperil shared interests of the United

18 States and its NATO allies.

19 (6) Western interests must be protected on a

20 cooperative basis without an undue burden falling

21 upon the United States.

22 (7) NATO is the only multilateral organization

23 that is capable of conducting effective military oper24 ations to protect Western interests.
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1 (8) The valuable experience gained from ongo2 ing military cooperation within NATO was critical to

3 the success of joint military operations in the 1991

4 liberation of Kuwait.

5 (9) NATO is an important diplomatic forum for

6 discussion of issues of concern to its member states

7 and for the peaceful resolution of disputes.

8 (10) Admission of Central and East European

9 countries that have recently been freed from Com10 munist domination to NATO could contribute to

11 international peace and enhance the security of

12 those countries.

13 (11) A number of countries, including the

14 Visegrad countries (the Czech Republic, Hungary,

15 Poland, and Slovakia), the Baltic states (Estonia,

16 Latvia, and Lithuania), and Ukraine, have expressed

17 interest in NATO membership.

18 (12) In recognition of this interest, the Partner19 ship for Peace proposal offers limited military co20 operation to many European countries not currently

21 members of NATO, but fails to establish bench22 marks or guidelines for eventual NATO membership.

23 (13) In particular, Poland, Hungary, the Czech

24 Republic, and Slovakia have made significant

25 progress toward establishing democratic institutions,
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1 free market economies, civilian control of their

2 armed forces, police, and intelligence services, and

3 the rule of law since the fall of their previous Com4 munist governments.

5 SEC. 603. UNITED STATES POLICY.

6 It should be the policy of the United States—

7 (1) to continue the Nation’s commitment to an

8 active leadership role in NATO;

9 (2) to join with the Nation’s NATO allies to re10 define the role of the alliance in the post-Cold War

11 world, taking into account—

12 (A) the fundamentally changed security en13 vironment of Central and Eastern Europe;

14 (B) the need to assure all countries of the

15 defensive nature of the alliance and the desire

16 of its members to work cooperatively with all

17 former adversaries;

18 (C) the emerging security threats posed by

19 the proliferation of nuclear, chemical, and bio20 logical weapons of mass destruction and the

21 means to deliver them;

22 (D) the continuing challenges to the inter23 ests of all NATO member countries posed by

24 unstable and undemocratic regimes harboring

25 hostile intentions; and
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1 (E) the dependence of the global economy

2 on a stable energy supply and the free flow of

3 commerce;

4 (3) to affirm that NATO military planning

5 should include joint military operations beyond the

6 geographic bounds of the alliance under Article 4 of

7 the North Atlantic Treaty when the shared interests

8 of the United States and other member countries re9 quire such action to defend vital interests;

10 (4) that Poland, Hungary, the Czech Republic,

11 and Slovakia should be in a position to further the

12 principles of the North Atlantic Treaty and to con13 tribute to the security of the North Atlantic area not

14 later than January 10, 1999 (5 years from the date

15 of the establishment of the Partnership for Peace),

16 and, in accordance with Article 10 of such Treaty,

17 should be invited to become full NATO members not

18 later than that date, provided these countries—

19 (A) meet appropriate standards, includ20 ing—

21 (i) shared values and interests;

22 (ii) democratic governments;

23 (iii) free market economies;

24 (iv) civilian control of the military, of

25 the police, and of intelligence services;
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1 (v) adherence to the values, principles,

2 and political commitments embodied in the

3 Helsinki Final Act of the Conference on

4 Security and Cooperation in Europe;

5 (vi) commitment to further the prin6 ciples of NATO and to contribute to the

7 security of the North Atlantic area;

8 (vii) commitment to accept the obliga9 tions, responsibilities, and costs of NATO

10 membership; and

11 (viii) commitment to implement infra12 structure development activities that will

13 facilitate participation in and support for

14 NATO military activities; and

15 (B) remain committed to protecting the

16 rights of all their citizens and respecting the

17 territorial integrity of their neighbors;

18 (5) that the United States, other NATO mem19 ber nations, and NATO itself should furnish appro20 priate assistance to facilitate the transition of Po21 land, Hungary, the Czech Republic, and Slovakia to

22 full NATO membership not later than January 10,

23 1999; and

24 (6) that other European countries emerging

25 from communist domination, in particular the Baltic
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1 states (Estonia, Latvia, and Lithuania) and

2 Ukraine, may be in a position at a future date to

3 further the principles of the North Atlantic Treaty

4 and to contribute to the security of the North Atlan5 tic area, and at the appropriate time they should re6 ceive assistance to facilitate their transition to full

7 NATO membership and should be invited to become

8 full NATO members.

9 SEC. 604. REVISIONS TO PROGRAM TO FACILITATE TRANSI10 TION TO NATO MEMBERSHIP.

11 (a) ESTABLISHMENT OF PROGRAM.—Subsection (a)

12 of section 203 of the NATO Participation Act of 1994

13 (title II of Public Law 103–447; 22 U.S.C. 1928 note)

14 is amended to read as follows:

15 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The President

16 shall establish a program to assist in the transition to full

17 NATO membership of Poland, Hungary, the Czech Re18 public, and Slovakia and any other European country

19 emerging from communist domination that is designated

20 by the President under subsection (d)(2).’’.

21 (b) ELIGIBLE COUNTRIES.—

22 (1) DESIGNATED COUNTRIES.—Subsection (d)

23 of such section is amended to read as follows:

24 ‘‘(d) DESIGNATION OF ELIGIBLE COUNTRIES.—
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1 ‘‘(1) SPECIFIED COUNTRIES.—The following

2 countries are hereby designated for purposes of this

3 title: Poland, Hungary, the Czech Republic, and Slo4 vakia.

5 ‘‘(2) AUTHORITY FOR PRESIDENT TO DES6 IGNATE OTHER EUROPEAN COUNTRIES EMERGING

7 FROM COMMUNIST DOMINATION.—The President

8 may designate other European countries emerging

9 from communist domination (as defined in section

10 206) to receive assistance under the program estab11 lished under subsection (a). The President may

12 make such a designation in the case of any such

13 country only if the President determines, and re14 ports to the designated congressional committees,

15 that such country—

16 ‘‘(A) has made significant progress toward

17 establishing—

18 ‘‘(i) shared values and interests;

19 ‘‘(ii) democratic governments;

20 ‘‘(iii) free market economies;

21 ‘‘(iv) civilian control of the military, of

22 the police, and of intelligence services;

23 ‘‘(v) adherence to the values, prin24 ciples, and political commitments embodied

25 in the Helsinki Final Act of the Conference
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1 on Security and Cooperation in Europe;

2 and

3 ‘‘(vi) commitment to further the prin4 ciples of NATO and to contribute to the

5 security of the North Atlantic area;

6 ‘‘(vii) commitment to accept the obli7 gations, responsibilities, and costs of

8 NATO membership; and

9 ‘‘(viii) commitment to implement in10 frastructure development activities that

11 will facilitate participation in and support

12 for NATO military activities; and

13 ‘‘(B) is likely, within five years of such de14 termination, to be in a position to further the

15 principles of the North Atlantic Treaty and to

16 contribute to the security of the North Atlantic

17 area.’’.

18 (2) CONFORMING AMENDMENTS.—

19 (A) Subsections (b) and (c) of such section

20 are amended by striking ‘‘countries described in

21 such subsection’’ and inserting ‘‘countries des22 ignated under subsection (d)’’.

23 (B) Subsection (e) of such section is

24 amended—
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1 (i) by striking ‘‘subsection (d)’’ and

2 inserting ‘‘subsection (d)(2)’’; and

3 (ii) by inserting ‘‘(22 U.S.C. 2394)’’

4 before the period at the end.

5 (C) Section 204(c) of such Act is amended

6 by striking ‘‘any other’’ and inserting ‘‘any

7 country designated under section 203(d)(2)’’.

8 (c) TYPES OF ASSISTANCE.—

9 (1) ECONOMIC SUPPORT ASSISTANCE.—Sub10 section (c) of section 203 of such Act is amended—

11 (A) by redesignating paragraphs (3) and

12 (4) as paragraphs (4) and (5), respectively; and

13 (B) by inserting after paragraph (2) the

14 following new paragraph (3):

15 ‘‘(3) Assistance under chapter 4 of part II of

16 the Foreign Assistance Act of 1961 (relating to the

17 Economic Support Fund).’’.

18 (2) ADDITIONAL ASSISTANCE.—

19 (A) IN GENERAL.—Subsection (f) of such

20 section is amended to read as follows:

21 ‘‘(f) ADDITIONAL ASSISTANCE.—In carrying out the

22 program established under subsection (a), the President

23 may, in addition to the security assistance authorized to

24 be provided under subsection (c), provide assistance to

25 countries designated under subsection (d) from funds ap-
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1 propriated under the ‘Nonproliferation and Disarmament

2 Fund’ account.’’.

3 (B) EFFECTIVE DATE.—The amendment

4 made by subparagraph (A) does not apply with

5 respect to funds appropriated before the date of

6 the enactment of this Act.

7 (d) DISQUALIFICATION FROM ASSISTANCE FOR SUP8 PORT OF TERRORISM.—Section 203 of such Act is further

9 amended by adding at the end the following new sub10 section:

11 ‘‘(g) PROHIBITION ON PROVIDING ASSISTANCE TO

12 FOREIGN GOVERNMENTS THAT EXPORT LETHAL MILI13 TARY EQUIPMENT TO COUNTRIES SUPPORTING INTER14 NATIONAL TERRORISM.—Assistance may only be provided

15 through the program established under subsection (a) sub16 ject to the same terms and conditions that apply under

17 section 563 of the Foreign Operations, Export Financing,

18 and Related Programs Appropriations Act, 1995 (Public

19 Law 103–306), with respect to the making available to

20 foreign governments of funds appropriated or otherwise

21 made available under that Act.’’.

22 (e) ANNUAL REPORT.—Section 205 of the NATO

23 Participation Act of 1994 (title II of Public Law 103–

24 447; 22 U.S.C. 1928 note) is amended—
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1 (1) by inserting ‘‘ANNUAL’’ in the section

2 heading before the first word;

3 (2) by inserting ‘‘annual’’ after ‘‘include in the’’

4 in the matter preceding paragraph (1);

5 (3) by redesignating paragraphs (1) and (2) as

6 paragraphs (2) and (3), respectively;

7 (4) by inserting before paragraph (2), as so re8 designated, the following new paragraph (1):

9 ‘‘(1) An assessment of the progress made by

10 Poland, Hungary, the Czech Republic, and Slovakia

11 and by any country designated by the President

12 under section 203(d)(2) toward meeting the stand13 ards for NATO membership set forth in Article 10

14 of the North Atlantic Treaty, including—

15 ‘‘(A) an assessment of the progress of each

16 such country toward establishing—

17 ‘‘(i) shared values and interests;

18 ‘‘(ii) democratic governments;

19 ‘‘(iii) free market economies;

20 ‘‘(iv) civilian control of the military, of

21 the police, and of intelligence services;

22 ‘‘(v) adherence to the values, prin23 ciples, and political commitments embodied

24 in the Helsinki Final Act of the Conference

25 on Security and Cooperation in Europe;
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1 ‘‘(vi) commitment to further the prin2 ciples of NATO and to contribute to the

3 security of the North Atlantic area;

4 ‘‘(vii) commitment to accept the obli5 gations, responsibilities, and costs of

6 NATO membership; and

7 ‘‘(viii) commitment to implement in8 frastructure development activities that

9 will facilitate participation in and support

10 for NATO military activities; and

11 ‘‘(B) the commitment of each such country

12 to protecting the rights of all its citizens and

13 respecting the territorial integrity of its neigh14 bors.’’; and

15 (5) in paragraphs (2) and (3), as so redesig16 nated, by striking ‘‘and other’’ and all that follows

17 through the period at the end and inserting ‘‘and

18 any country designated by the President pursuant to

19 section 203(d)(2).’’.

20 (f) DEFINITIONS.—The NATO Participation Act of

21 1994 (title II of Public Law 103–447; 22 U.S.C. 1928

22 note) is amended by adding at the end the following new

23 section:

24 ‘‘SEC. 206. DEFINITIONS.

25 ‘‘For purposes of this title:
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1 ‘‘(1) NATO.—The term ‘NATO’ means the

2 North Atlantic Treaty Organization.

3 ‘‘(2) OTHER EUROPEAN COUNTRIES EMERGING

4 FROM COMMUNIST DOMINATION.—The term ‘other

5 European countries emerging from communist domi6 nation’ means—

7 ‘‘(A) any member of the Partnership for

8 Peace that is located—

9 ‘‘(i) in the territory of the former

10 Union of Soviet Socialist Republics; or

11 ‘‘(ii) in the territory of the former So12 cialist Federal Republic of Yugoslavia; or

13 ‘‘(B) Estonia, Latvia, Lithuania, Romania,

14 Bulgaria, or Albania.

15 ‘‘(3) DESIGNATED CONGRESSIONAL COMMIT16 TEES.—The term ‘designated congressional commit17 tees’ means—

18 ‘‘(A) the Committee on International Rela19 tions, the Committee on National Security, and

20 the Committee on Appropriations of the House

21 of Representatives; and

22 ‘‘(B) the Committee on Foreign Relations,

23 the Committee on Armed Services, and the

24 Committee on Appropriations of the Senate.’’.
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1 TITLE VII—BUDGET FIREWALLS

2 SEC. 701. RESTORATION OF BUDGET FIREWALLS FOR DE3 FENSE SPENDING.

4 It is the sense of the Congress that so-called ‘‘budget

5 firewalls’’ between defense and domestic discretionary

6 spending should be established for each of fiscal years

7 1996, 1997, and 1998.

8 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

9 (a) SHORT TITLE.—This Act may be cited as

10 the ‘‘National Security Revitalization Act’’.

11 (b) TABLE OF CONTENTS.—The table of con12 tents for this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—FINDINGS, POLICY, AND PURPOSES

Sec. 101. Findings.

Sec. 102. Policy.

Sec. 103. Purposes.

TITLE II—MISSILE DEFENSE

Sec. 201. Policy.

Sec. 202. Actions of the Secretary of Defense.

Sec. 203. Report to Congress.

TITLE III—REVITALIZATION OF NATIONAL SECURITY

COMMISSION

Sec. 301. Establishment.

Sec. 302. Composition.

Sec. 303. Duties.

Sec. 304. Reports.

Sec. 305. Powers.

Sec. 306. Commission procedures.

Sec. 307. Personnel matters.

Sec. 308. Termination of the commission.

Sec. 309. Funding.

TITLE IV—COMMAND OF UNITED STATES FORCES
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Sec. 401. Limitation on expenditure of Department of Defense

funds for United States forces placed under command or operational control of a foreign national

acting on behalf of the United Nations.

Sec. 402. Limitation on placement of United States Armed

Forces under foreign control for a United Nations

peacekeeping activity.

TITLE V—UNITED NATIONS

Sec. 501. Credit against assessment for United States expenditures in support of United Nations peacekeeping

operations.

Sec. 502. Codification of required notice to Congress of proposed United Nations peacekeeping activities.

Sec. 503. Notice to Congress regarding United States contributions for United Nations peacekeeping activities.

Sec. 504. Revised notice to Congress regarding United States

assistance for United Nations peacekeeping activities.

Sec. 505. United States contributions to United Nations peacekeeping activities.

Sec. 506. Reimbursement to the United States for in-kind contributions to United Nations peacekeeping activities.

Sec. 507. Prohibition on use of funds to pay United States assessed or voluntary contributions for United Nations peacekeeping activities.

Sec. 508. Limitation on use of Department of Defense funds for

United States share of costs of United Nations

peacekeeping activities.

Sec. 509. Codification of limitation on amount of United States

assessed contributions for United Nations peacekeeping operations.

Sec. 510. Buy American requirement.

Sec. 511. United Nations budgetary and management reform.

Sec. 512. Conditions on provision of intelligence to the United

Nations.

TITLE VI—EXPANSION OF THE NORTH ATLANTIC TREATY

ORGANIZATION

Sec. 601. Short title.

Sec. 602. Findings.

Sec. 603. United States policy.

Sec. 604. Revisions to program to facilitate transition to NATO

membership.

TITLE VII—BUDGET FIREWALLS

Sec. 701. Restoration of budget firewalls for defense spending.
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1 TITLE I—FINDINGS, POLICY, AND

2 PURPOSES

3 SEC. 101. FINDINGS.

4 The Congress finds the following:

5 (1) Since January 1993, presidential

6 budgets and budget plans have set forth

7 a reduction in defense spending of

8 $156,000,000,000 through fiscal year 1999.

9 (2) The fiscal year 1995 budget is the

10 10th consecutive year of reductions in

11 real defense spending and, with the ex12 ception of fiscal year 1948, represents the

13 lowest percentage of gross domestic prod14 uct for any defense budget since World

15 War II.

16 (3) During fiscal year 1995, the num17 ber of active duty, reserve component,

18 and civilian personnel of the Department

19 of Defense will be reduced by 182,000, a

20 rate of over 15,000 per month or over 500

21 per day. The Bureau of Labor Statistics

22 estimates that 1,200,000 defense-related

23 private sector jobs will be lost by 1997.

24 (4) Despite severe reductions and

25 shortfalls in defense funding and force
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1 structure, since 1993 United States mili2 tary forces have been deployed more

3 often and committed to more peacetime

4 missions per year than ever before. Most

5 of these missions involve United Nations

6 peacekeeping and humanitarian efforts.

7 At the end of fiscal year 1994, over 70,000

8 United States personnel were serving in

9 such regions as Iraq, Bosnia, Macedonia,

10 the Adriatic Sea, Rwanda, and the Carib11 bean Sea for missions involving Haiti and

12 Cuba.

13 (5) United Nations assessments to the

14 United States for peacekeeping missions

15 totaled over $1,000,000,000 in 1994. The

16 United States is assessed 31.7 percent of

17 annual United Nations costs for peace18 keeping. The next highest contributor,

19 Japan, only pays 12.5 percent of such

20 costs. The Department of Defense also in21 curs hundreds of millions of dollars in

22 costs every year for United States mili23 tary participation in United Nations

24 peacekeeping or humanitarian missions,

25 most of which are not reimbursed by the
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1 United Nations. For fiscal year 1994,

2 these Department of Defense costs to3 taled over $1,721,000,000.

4 (6) Credible and effective collective

5 action on international security con6 cerns, through the United Nations and re7 gional organizations such as the North

8 Atlantic Treaty Organization can, in ap9 propriate cases, advance world peace,

10 strengthen the national security of the

11 United States, and foster more equitable

12 burden-sharing with friends and allies of

13 the United States in military, political,

14 and financial terms.

15 (7) A return to the ‘‘hollow forces’’ of

16 the 1970s has already begun. At the end

17 of fiscal year 1994, one-third of the units

18 in the Army contingency force and all of

19 the forward-deployed and follow-on Army

20 divisions were reporting a reduced state

21 of military readiness. During fiscal year

22 1994, training readiness declined for the

23 Navy’s Atlantic and Pacific fleets. Fund24 ing shortfalls for that fiscal year resulted

25 in a grounding of Navy and Marine Corps
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1 aircraft squadrons and cancellation and

2 curtailment of Army training exercises.

3 Marine and naval personnel are not

4 maintaining the standard 12- to 18-month

5 respite between six-month deployments

6 away from home. Marine Corps units are

7 spending up to two of their first four

8 years away from their base camps. The

9 significantly increased pace of Depart10 ment of Defense operations has United

11 States forces over deployed.

12 (8) As of January 1, 1995, military pay

13 is approximately 12.8 percent below com14 parable civilian levels. As a result, it is

15 estimated that close to 17,000 junior en16 listed personnel have to rely on food

17 stamps and the Department of Defense

18 will soon begin providing supplementary

19 food benefits to an estimated 11,000 mili20 tary personnel and dependents living

21 overseas.

22 (9) Defense modernization programs

23 to maintain the battlefield technology

24 edge of the United States over other na25 tions are being delayed or canceled in an
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1 attempt to prevent the further erosion of

2 military force readiness.

3 (10) The centerpiece of the Adminis4 tration’s defense strategy, the Bottom Up

5 Review, reduces Navy ships by one-third,

6 Air Force wings by almost one-half, and

7 funding for missile defenses by over 50

8 percent, and the General Accounting Of9 fice has reported that even the restrictive

10 Bottom Up Review could be underfunded

11 by $150,000,000,000.

12 (11) The Administration has initially

13 agreed to or proposed treaty limitations,

14 or has unilaterally adopted positions,

15 that prohibit the United States from test16 ing or deploying effective missile defense

17 systems.

18 SEC. 102. POLICY.

19 The Congress is committed to providing

20 adequate resources to protect the national se21 curity interests of the United States.

22 SEC. 103. PURPOSES.

23 The purposes of this Act are—

24 (1) to establish a commission to reas25 sess United States military needs and re-
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1 verse the continuing downward spiral of

2 defense spending;

3 (2) to commit the United States to ac4 celerate the development and deployment

5 of theater and national ballistic missile

6 defense capabilities;

7 (3) to restrict deployment of United

8 States forces to missions that are in the

9 national security interest of the United

10 States;

11 (4) to maintain command and control

12 by United States personnel of United

13 States forces participating in United Na14 tions peacekeeping operations;

15 (5) to reduce the cost to the United

16 States of United Nations peacekeeping

17 activities and to press for reforms in the

18 United Nations management practices;

19 and

20 (6) to reemphasize the commitment of

21 the United States to a strong and viable

22 North Atlantic Treaty Organization.
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1 TITLE II—MISSILE DEFENSE

2 SEC. 201. POLICY.

3 It shall be the policy of the United States

4 to—

5 (1) deploy at the earliest possible date

6 an antiballistic missile system that is ca7 pable of providing a highly effective de8 fense of the United States against ballis9 tic missile attacks; and

10 (2) provide at the earliest possible

11 date highly effective theater missile de12 fenses (TMDs) to forward-deployed and

13 expeditionary elements of the Armed

14 Forces of the United States and to friend15 ly forces and allies of the United States.

16 SEC. 202. ACTIONS OF THE SECRETARY OF DEFENSE.

17 (a) ABM SYSTEMS.—The Secretary of De18 fense shall develop for deployment at the ear19 liest possible date a cost-effective, operation20 ally effective antiballistic missile system de21 signed to protect the United States against

22 ballistic missile attacks.

23 (b) ADVANCED THEATER MISSILE DE24 FENSES.—The Secretary of Defense shall de25 velop for deployment at the earliest possible
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1 date advanced theater missile defense sys2 tems.

3 SEC. 203. REPORT TO CONGRESS.

4 (a) REQUIREMENT.—Not later than 60 days

5 after the date of the enactment of this Act, the

6 Secretary of Defense shall submit to the con7 gressional defense committees a plan for the

8 deployment of an antiballistic missile system

9 pursuant to section 202(a) and for the deploy10 ment of theater missile defense systems pur11 suant to section 202(b).

12 (b) CONGRESSIONAL DEFENSE COMMIT13 TEES.—For purposes of this section, the term

14 ‘‘congressional defense committees’’ means—

15 (1) the Committee on National Secu16 rity and the Committee on Appropria17 tions of the House of Representatives;

18 and

19 (2) the Committee on Armed Services

20 and the Committee on Appropriations of

21 the Senate.
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1 TITLE III—REVITALIZATION OF

2 NATIONAL SECURITY COM3 MISSION

4 SEC. 301. ESTABLISHMENT.

5 There is hereby established a commission

6 to be known as the ‘‘Revitalization of National

7 Security Commission’’ (hereinafter in this

8 title referred to as the ‘‘Commission’’).

9 SEC. 302. COMPOSITION.

10 (a) APPOINTMENT.—The Commission shall

11 be composed of 12 members, appointed as fol12 lows:

13 (1) Four members shall be appointed

14 by the President.

15 (2) Four members shall be appointed

16 by the Speaker of the House of Rep17 resentatives in consultation with the mi18 nority leader of the House of Representa19 tives.

20 (3) Four members shall be appointed

21 by the President pro tempore of the Sen22 ate upon the recommendation of the ma23 jority leader and the minority leader of

24 the Senate.
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1 (b) QUALIFICATIONS.—The members of the

2 Commission shall be appointed from among

3 persons having knowledge and experience in

4 defense and foreign policy.

5 (c) TERM OF MEMBERS; VACANCIES.—Mem6 bers of the Commission shall be appointed for

7 the life of the Commission. A vacancy on the

8 Commission shall not affect its powers, but

9 shall be filled in the same manner as the origi10 nal appointment was made.

11 (d) COMMENCEMENT.—The members of the

12 Commission shall be appointed not later than

13 21 days after the date of the enactment of this

14 Act. The Commission shall convene its first

15 meeting to carry out its duties under this sec16 tion 14 days after seven members of the Com17 mission have been appointed.

18 (e) CHAIRMAN.—The chairman of the Com19 mission shall be designated jointly by the

20 Speaker of the House of Representatives and

21 the majority leader of the Senate from among

22 members of the Commission appointed under

23 subsection (a)(2) or (a)(3).
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1 SEC. 303. DUTIES.

2 (a) COMPREHENSIVE REVIEW.—The Commis3 sion shall conduct a comprehensive review of

4 the long-term national security needs of the

5 United States. The review shall include the

6 following:

7 (1) An assessment of the need for a

8 new national security strategy and, if it is

9 determined that such a new strategy is

10 needed, identification of such a strategy.

11 (2) An assessment of the need for a

12 new national military strategy and, if it is

13 determined that such a new strategy is

14 needed, identification of such a strategy.

15 (3) An assessment of the military

16 force structure necessary to support the

17 new strategies identified under para18 graphs (1) and (2).

19 (4) An assessment of force moderniza20 tion requirements necessary to support

21 the new strategies identified under para22 graphs (1) and (2).

23 (5) An assessment of military infra24 structure requirements necessary to sup25 port the new strategies identified under

26 paragraphs (1) and (2).
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1 (6) An assessment of the funding

2 needs of the Department of Defense nec3 essary to support the long-term national

4 security requirements of the United

5 States.

6 (7) An assessment of the adequacy of

7 the force structure recommended in the

8 1993 Bottom-Up Review in executing the

9 national military strategy.

10 (8) An assessment of the adequacy of

11 the current future-years defense plan in

12 fully funding the Bottom-Up Review force

13 structure while maintaining adequate

14 force modernization and military readi15 ness objectives.

16 (9) An assessment of the level of de17 fense funds expended on non-defense

18 programs.

19 (10) An assessment of the costs to the

20 United States of expanding the member21 ship of the North Atlantic Treaty Organi22 zation.

23 (b) MATTERS TO BE CONSIDERED.—In carry24 ing out the review, the Commission shall de-
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1 velop specific recommendations to accom2 plish each of the following:

3 (1) Provide members of the Armed

4 Forces with annual pay raises and other

5 compensation at levels sufficient to begin

6 closing the gap with comparable civilian

7 pay levels.

8 (2) Fully fund cost-effective missile

9 defense systems that are deployable at

10 the earliest possible date following enact11 ment of this Act.

12 (3) Maintain adequate funding for

13 military readiness accounts without sac14 rificing modernization programs.

15 (4) Provide a stronger role for Guard

16 and Reserve forces.

17 (5) Provide a new funding system to

18 avoid diversions from military readiness

19 accounts to pay for peacekeeping and hu20 manitarian deployments such as Haiti

21 and Rwanda.

22 (6) Support security enhancing meas23 ures in the Asia-Pacific, including sup24 port for the Association of Southeast

25 Asian Nations (‘‘ASEAN’’) Regional
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1 Forum, which is a regionwide security

2 dialogue encompassing the major Asia3 Pacific nations.

4 SEC. 304. REPORTS.

5 (a) FINAL REPORT.—The Commission shall

6 submit to the President and the designated

7 congressional committees a report on the as8 sessments and recommendations referred to

9 in section 303 not later than January 1, 1996.

10 The report shall be submitted in unclassified

11 and classified versions.

12 (b) INTERIM REPORT.—The Commission

13 shall submit to the President and the des14 ignated congressional committees an interim

15 report describing the Commission’s progress

16 in fulfilling its duties under section 303. The

17 interim report shall include any preliminary

18 recommendations the Commission may have

19 reached and shall be submitted not later than

20 October 1, 1995.

21 (c) DESIGNATED CONGRESSIONAL COMMIT22 TEES.—For purposes of this section, the term

23 ‘‘designated congressional committees’’

24 means—
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1 (1) the Committee on National Secu2 rity, the Committee on International Re3 lations, and the Committee on Appropria4 tions of the House of Representatives;

5 and

6 (2) the Committee on Armed Services,

7 the Committee on Foreign Relations, and

8 the Committee on Appropriations of the

9 Senate.

10 SEC. 305. POWERS.

11 (a) HEARINGS.—The Commission may, for

12 the purpose of carrying out this section, con13 duct such hearings, sit and act at such times,

14 take such testimony, and receive such evi15 dence, as the Commission considers appro16 priate.

17 (b) ASSISTANCE FROM OTHER AGENCIES.—

18 The Commission may secure directly from

19 any department or agency of the Federal Gov20 ernment such information, relevant to its du21 ties under this title, as may be necessary to

22 carry out such duties. Upon request of the

23 chairman of the Commission, the head of the

24 department or agency shall, to the extent per-
87

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1 mitted by law, furnish such information to the

2 Commission.

3 (c) MAIL.—The Commission may use the

4 United States mails in the same manner and

5 under the same conditions as the departments

6 and agencies of the Federal Government.

7 (d) ASSISTANCE FROM SECRETARY OF DE8 FENSE.—The Secretary of Defense shall pro9 vide to the Commission such reasonable ad10 ministrative and support services as the Com11 mission may request.

12 SEC. 306. COMMISSION PROCEDURES.

13 (a) MEETINGS.—The Commission shall

14 meet on a regular basis (as determined by the

15 chairman) and at the call of the chairman or

16 a majority of its members.

17 (b) QUORUM.—A majority of the members

18 of the Commission shall constitute a quorum

19 for the transaction of business.

20 SEC. 307. PERSONNEL MATTERS.

21 (a) COMPENSATION.—Each member of the

22 Commission shall serve without compensa23 tion, but shall be allowed travel expenses in24 cluding per diem in lieu of subsistence, as au25 thorized by section 5703 of title 5, United
88

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1 States Code, when engaged in the perform2 ance of Commission duties.

3 (b) STAFF.—The Commission shall appoint

4 a staff director, who shall be paid at a rate not

5 to exceed the maximum rate of basic pay

6 under section 5376 of title 5, United States

7 Code, and such professional and clerical per8 sonnel as may be reasonable and necessary to

9 enable the Commission to carry out its duties

10 under this title without regard to the provi11 sions of title 5, United States Code, governing

12 appointments in the competitive service, and

13 without regard to the provisions of chapter 51

14 and subchapter III of chapter 53 of such title,

15 or any other provision of law, relating to the

16 number, classification, and General Schedule

17 rates. No employee appointed under this sub18 section (other than the staff director) may be

19 compensated at a rate to exceed the maximum

20 rate applicable to level 15 of the General

21 Schedule.

22 (c) DETAILED PERSONNEL.—Upon request of

23 the chairman of the Commission, the head of

24 any department or agency of the Federal Gov25 ernment is authorized to detail, without reim-
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1 bursement, any personnel of such department

2 or agency to the Commission to assist the

3 Commission in carrying out its duties under

4 this section. The detail of any such personnel

5 may not result in the interruption or loss of

6 civil service status or privilege of such per7 sonnel.

8 SEC. 308. TERMINATION OF THE COMMISSION.

9 The Commission shall terminate upon

10 submission of the final report required by sec11 tion 303.

12 SEC. 309. FUNDING.

13 Of the funds available to the Department

14 of Defense, $1,500,000 shall be made available

15 to the Commission to carry out the provisions

16 of this title.
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1 TITLE IV—COMMAND OF UNITED

2 STATES FORCES

3 SEC. 401. LIMITATION ON EXPENDITURE OF DEPARTMENT

4 OF DEFENSE FUNDS FOR UNITED STATES

5 FORCES PLACED UNDER COMMAND OR

6 OPERATIONAL CONTROL OF A FOREIGN NA7 TIONAL ACTING ON BEHALF OF THE UNITED

8 NATIONS.

9 (a) IN GENERAL.—(1) Chapter 20 of title 10,

10 United States Code, is amended by inserting

11 after section 404 the following new section:

12 ‘‘§ 405. Placement of United States forces under com13 mand or operational control of foreign

14 nationals acting on behalf of the United

15 Nations: limitation

16 ‘‘(a) LIMITATION.—(1) Except as provided in

17 subsections (b) and (c), funds appropriated or

18 otherwise made available for the Department

19 of Defense may not be obligated or expended

20 for activities of any element of the armed

21 forces that after the date of the enactment of

22 this section is placed under the command or

23 operational control of a foreign national act24 ing on behalf of the United Nations for the

25 purpose of international peacekeeping, peace-
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1 making, peace-enforcing, or similar activity

2 that is authorized by the Security Council

3 under chapter VI or VII of the Charter of the

4 United Nations.

5 ‘‘(2) For purposes of this section, elements

6 of the armed forces shall not be considered to

7 be placed under the command or operational

8 control of a foreign national acting on behalf

9 of the United Nations in any case in which the

10 senior military commander of the United Na11 tions force or operation is a United States

12 military officer who has the authority to dis13 miss subordinates in the command chain, es14 tablish appropriate rules of engagement for

15 United States forces involved, and establish

16 criteria governing the operational employ17 ment of such United States forces.

18 ‘‘(b) EXCEPTION FOR PRESIDENTIAL CERTIFI19 CATION.—(1) Subsection (a) shall not apply in

20 the case of a proposed placement of any ele21 ment of the armed forces under such com22 mand or operational control if the President,

23 not less than 15 days before the date on which

24 such command or operational control is to be-
92

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1 come effective (or as provided in paragraph

2 (2)), meets the requirements of subsection (d).

3 ‘‘(2) If the President certifies to Congress

4 that an emergency exists that precludes the

5 President from meeting the requirements of

6 subsection (d) 15 days before placing any ele7 ment of the armed forces under such com8 mand or operational control, the President

9 may place such forces under such command

10 or operational control and meet the require11 ments of subsection (d) in a timely manner,

12 but in no event later than 48 hours after such

13 command or operational control becomes ef14 fective.

15 ‘‘(c) EXCEPTION FOR AUTHORIZATION BY

16 LAW.—Subsection (a) shall not apply in the

17 case of a proposed placement of any element

18 of the armed forces under such command or

19 operational control if the Congress specifi20 cally authorizes by law that particular place21 ment of United States forces under such com22 mand or operational control.

23 ‘‘(d) PRESIDENTIAL CERTIFICATIONS.—The

24 requirements referred to in subsection (b)(1)
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1 are that the President submit to Congress the

2 following:

3 ‘‘(1) Certification by the President

4 that—

5 ‘‘(A) such a command or oper6 ational control arrangement is nec7 essary to protect national security in8 terests of the United States;

9 ‘‘(B) the commander of any unit of

10 the armed forces proposed for place11 ment under the command or oper12 ational control of a foreign national

13 acting directly on behalf of the Unit14 ed Nations will at all times retain the

15 right—

16 ‘‘(i) to report independently to

17 superior United States military

18 authorities; and

19 ‘‘(ii) to decline to comply with

20 orders judged by the commander

21 to be illegal, militarily imprudent,

22 or beyond the mandate of the mis23 sion to which the United States

24 agreed with the United Nations,

25 until such time as that com-
94

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1 mander receives direction from

2 superior United States military

3 authorities with respect to the or4 ders that the commander has de5 clined to comply with;

6 ‘‘(C) any element of the armed

7 forces proposed for placement under

8 the command or operational control

9 of a foreign national acting directly

10 on behalf of the United Nations will

11 at all times remain under United

12 States administrative command for

13 such purposes as discipline and eval14 uation; and

15 ‘‘(D) the United States will retain

16 the authority to withdraw any ele17 ment of the armed forces from the

18 proposed operation at any time and

19 to take any action it considers nec20 essary to protect those forces if they

21 are engaged.

22 ‘‘(2) A report setting forth the follow23 ing:

24 ‘‘(A) A description of the national

25 security interests that require the
95

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1 placement of United States forces

2 under the command or operational

3 control of a foreign national acting

4 directly on behalf of the United Na5 tions.

6 ‘‘(B) The mission of the United

7 States forces involved.

8 ‘‘(C) The expected size and com9 position of the United States forces

10 involved.

11 ‘‘(D) The incremental cost to the

12 United States of participation in the

13 United Nations operation by the Unit14 ed States forces which are proposed

15 to be placed under the command or

16 operational control of a foreign na17 tional.

18 ‘‘(E) The precise command and

19 control relationship between the

20 United States forces involved and the

21 United Nations command structure.

22 ‘‘(F) The precise command and

23 control relationship between the

24 United States forces involved and the

25 commander of the United States uni-
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1 fied command for the region in which

2 those United States forces are to op3 erate.

4 ‘‘(G) The extent to which the Unit5 ed States forces involved will rely on

6 non-United States forces for security

7 and self-defense and an assessment

8 on the ability of those non-United

9 States forces to provide adequate se10 curity to the United States forces in11 volved.

12 ‘‘(H) The timetable for complete

13 withdrawal of the United States

14 forces involved.

15 ‘‘(e) CLASSIFICATION OF REPORT.—A report

16 under subsection (c) shall be submitted in un17 classified form and, if necessary, in classified

18 form.

19 ‘‘(f) INTERPRETATION.—(1) This section is a

20 limitation on the expenditure of Department

21 of Defense funds for any element of the armed

22 forces placed under the command or oper23 ational control of a foreign national acting on

24 behalf of the United Nations and is not to be

25 construed as an authorization—
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1 ‘‘(A) for the President to use any ele2 ment of the armed forces in any oper3 ation; or

4 ‘‘(B) for the President to place any

5 element of the armed forces under the

6 command or operational control of a for7 eign national.

8 ‘‘(2) Subject to the power of the Congress

9 to declare war under article I, section 8,

10 clause 11 of the Constitution, nothing in this

11 section shall be construed to derogate or limit

12 the authority of the President as commander13 in-chief of the armed forces under article II,

14 section 2, clause 1 of the Constitution.’’.

15 (2) The table of sections at the beginning

16 of subchapter I of such chapter is amended by

17 adding at the end the following new item:

‘‘405. Placement of United States forces under command or

operational control of foreign nationals acting on

behalf of the United Nations: limitation.’’.

18 (b) REPORT RELATING TO CONSTITUTIONAL19 ITY.—No certification may be submitted by the

20 President under section 405(d)(1) of title 10,

21 United States Code, as added by subsection

22 (a), until the President has submitted to the

23 Congress (after the date of the enactment of

24 this Act) a memorandum of legal points and
98

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1 authorities explaining why the placement of

2 elements of United States Armed Forces

3 under the command or operational control of

4 a foreign national acting on behalf of the

5 United Nations does not violate the Constitu6 tion.

7 (c) EXCEPTION FOR ONGOING OPERATIONS IN

8 MACEDONIA AND CROATIA.—Section 405 of title

9 10, United States Code, as added by sub10 section (a), does not apply in the case of ac11 tivities of the Armed Forces in Macedonia au12 thorized pursuant to United Nations Security

13 Council Resolution 795, adopted December 11,

14 1992, and subsequent reauthorization Resolu15 tions, and in the case of activities of the

16 Armed Forces in Croatia authorized pursuant

17 to United Nations Security Council Resolu18 tion 743, adopted February 21, 1992, and sub19 sequent reauthorization Resolutions, as part

20 of the United Nations force designated as the

21 United Nations Protection Force

22 (UNPROFOR).
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1 SEC. 402. LIMITATION ON PLACEMENT OF UNITED STATES

2 ARMED FORCES UNDER FOREIGN CONTROL

3 FOR A UNITED NATIONS PEACEKEEPING AC4 TIVITY.

5 (a) IN GENERAL.—Section 6 of the United

6 Nations Participation Act of 1945 (22 U.S.C.

7 287d) is amended to read as follows:

8 ‘‘SEC. 6. (a) AGREEMENTS WITH SECURITY

9 COUNCIL.—(1) Any special agreement de10 scribed in paragraph (2) that is concluded by

11 the President with the Security Council shall

12 not be effective unless approved by the Con13 gress by law.

14 ‘‘(2) An agreement referred to in para15 graph (1) is an agreement providing for the

16 numbers and types of United States Armed

17 Forces, their degree of readiness and general

18 locations, or the nature of facilities and assist19 ance, including rights of passage, to be made

20 available to the Security Council for the pur21 pose of maintaining international peace and

22 security in accordance with Article 43 of the

23 Charter of the United Nations.

24 ‘‘(b) LIMITATION.—(1) Except as provided

25 in subsections (c) and (d), the President may

26 not place any element of the Armed Forces
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1 under the command or operational control of

2 a foreign national acting on behalf of the

3 United Nations for the purpose of inter4 national peacekeeping, peacemaking, peace5 enforcing, or similar activity that is author6 ized by the Security Council under chapter VI

7 or VII of the Charter of the United Nations.

8 ‘‘(2) For purposes of this section, elements

9 of the Armed Forces shall not be considered

10 to be placed under the command or oper11 ational control of a foreign national acting on

12 behalf of the United Nations in any case in

13 which the senior military commander of the

14 United Nations force or operation is a United

15 States military officer who has the authority

16 to dismiss subordinates in the command

17 chain, establish appropriate rules of engage18 ment for United States forces involved, and

19 establish criteria governing the operational

20 employment of such United States forces.

21 ‘‘(c) EXCEPTION FOR PRESIDENTIAL CERTIFI22 CATION.—(1) Subsection (b) shall not apply in

23 the case of a proposed placement of any ele24 ment of the Armed Forces under such com25 mand or operational control if the President,
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1 not less than 15 days before the date on which

2 such command or operational control is to be3 come effective (or as provided in paragraph

4 (2)), meets the requirements of subsection (e).

5 ‘‘(2) If the President certifies to Congress

6 that an emergency exists that precludes the

7 President from meeting the requirements of

8 subsection (e) 15 days before placing any ele9 ment of the Armed Forces under such com10 mand or operational control, the President

11 may place such forces under such command

12 or operational control and meet the require13 ments of subsection (e) in a timely manner,

14 but in no event later than 48 hours after such

15 command or operational control becomes ef16 fective.

17 ‘‘(d) EXCEPTION FOR AUTHORIZATION BY

18 LAW.—Subsection (b) shall not apply in the

19 case of a proposed placement of any element

20 of the Armed Forces under such command or

21 operational control if the Congress specifi22 cally authorizes by law that particular place23 ment of United States forces under such com24 mand or operational control.
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1 ‘‘(e) PRESIDENTIAL CERTIFICATIONS.—The

2 requirements referred to in subsection (c)(1)

3 are that the President submit to Congress the

4 following:

5 ‘‘(1) Certification by the President

6 that—

7 ‘‘(A) such a command or oper8 ational control arrangement is nec9 essary to protect national security in10 terests of the United States;

11 ‘‘(B) the commander of any unit of

12 the Armed Forces proposed for place13 ment under the command or oper14 ational control of a foreign national

15 acting directly on behalf of the Unit16 ed Nations will at all times retain the

17 right—

18 ‘‘(i) to report independently to

19 superior United States military

20 authorities; and

21 ‘‘(ii) to decline to comply with

22 orders judged by the commander

23 to be illegal, militarily imprudent,

24 or beyond the mandate of the mis25 sion to which the United States
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1 agreed with the United Nations,

2 until such time as that com3 mander receives direction from

4 superior United States military

5 authorities with respect to the or6 ders that the commander has de7 clined to comply with;

8 ‘‘(C) any element of the Armed

9 Forces proposed for placement under

10 the command or operational control

11 of a foreign national acting directly

12 on behalf of the United Nations will

13 at all times remain under United

14 States administrative command for

15 such purposes as discipline and eval16 uation; and

17 ‘‘(D) the United States will retain

18 the authority to withdraw any ele19 ment of the Armed Forces from the

20 proposed operation at any time and

21 to take any action it considers nec22 essary to protect those forces if they

23 are engaged.

24 ‘‘(2) A report setting forth the follow25 ing:
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1 ‘‘(A) A description of the national

2 security interests that require the

3 placement of United States forces

4 under the command or operational

5 control of a foreign national acting

6 directly on behalf of the United Na7 tions.

8 ‘‘(B) The mission of the United

9 States forces involved.

10 ‘‘(C) The expected size and com11 position of the United States forces

12 involved.

13 ‘‘(D) The incremental cost to the

14 United States of participation in the

15 United Nations operation by the Unit16 ed States forces which are proposed

17 to be placed under the command or

18 operational control of a foreign na19 tional.

20 ‘‘(E) The precise command and

21 control relationship between the

22 United States forces involved and the

23 United Nations command structure.

24 ‘‘(F) The precise command and

25 control relationship between the
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1 United States forces involved and the

2 commander of the United States uni3 fied command for the region in which

4 those United States forces are to op5 erate.

6 ‘‘(G) The extent to which the Unit7 ed States forces involved will rely on

8 non-United States forces for security

9 and self-defense and an assessment

10 on the ability of those non11 United States forces to provide ade12 quate security to the United States

13 forces involved.

14 ‘‘(H) The timetable for complete

15 withdrawal of the United States

16 forces involved.

17 ‘‘(f) CLASSIFICATION OF REPORT.—A report

18 under subsection (e) shall be submitted in un19 classified form and, if necessary, in classified

20 form.

21 ‘‘(g) INTERPRETATION.—Except as author22 ized in section 7 of this Act, nothing contained

23 in this Act shall be construed as an authoriza24 tion to the President by the Congress to make

25 available to the Security Council United
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1 States Armed Forces, facilities, or assist2 ance.’’.

3 (b) REPORT RELATING TO CONSTITUTIONAL4 ITY.—No certification may be submitted by the

5 President under section 6(e)(1) of the United

6 Nations Participation Act of 1945, as amended

7 by subsection (a), until the President has sub8 mitted to the Congress (after the date of the

9 enactment of this Act) a memorandum of legal

10 points and authorities explaining why the

11 placement of elements of United States Armed

12 Forces under the command or operational

13 control of a foreign national acting on behalf

14 of the United Nations does not violate the

15 Constitution.

16 (c) EXCEPTION FOR ONGOING OPERATIONS IN

17 MACEDONIA AND CROATIA.—Section 6 of the

18 United Nations Participation Act of 1945, as

19 amended by subsection (a), does not apply in

20 the case of activities of the Armed Forces in

21 Macedonia authorized pursuant to United Na22 tions Security Council Resolution 795, adopt23 ed December 11, 1992, and subsequent reau24 thorization Resolutions, and in the case of ac25 tivities of the Armed Forces in Croatia au-
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1 thorized pursuant to United Nations Security

2 Council Resolution 743, adopted February 21,

3 1992, and subsequent reauthorization Resolu4 tions, as part of the United Nations force des5 ignated as the United Nations Protection

6 Force (UNPROFOR).

7 TITLE V—UNITED NATIONS

8 SEC. 501. CREDIT AGAINST ASSESSMENT FOR UNITED

9 STATES EXPENDITURES IN SUPPORT OF

10 UNITED NATIONS PEACEKEEPING OPER11 ATIONS.

12 (a) IN GENERAL.—The United Nations Par13 ticipation Act of 1945 (22 U.S.C. 287 et seq.) is

14 amended by adding at the end the following

15 new section:

16 ‘‘SEC. 10. (a) CREDIT AGAINST ASSESSMENT

17 FOR EXPENDITURES IN SUPPORT OF PEACEKEEP18 ING OPERATIONS.—

19 ‘‘(1) LIMITATION.—Funds may be obli20 gated for payment to the United Nations

21 of the United States assessed share of

22 peacekeeping operations for a fiscal year

23 only to the extent that—

24 ‘‘(A) the amount of such assessed

25 share exceeds—
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1 ‘‘(B) the amount equal to—

2 ‘‘(i) the total amount identi3 fied in the report submitted pur4 suant to paragraph (2) for the

5 preceding fiscal year, reduced by

6 ‘‘(ii) the amount of any reim7 bursement or credit to the United

8 States by the United Nations for

9 the costs of United States support

10 for, or participation in, United

11 Nations peacekeeping activities

12 for that preceding fiscal year.

13 ‘‘(2) ANNUAL REPORT.—The President

14 shall, at the time of submission of the

15 budget to the Congress for any fiscal

16 year, submit to the designated congres17 sional committees a report on the total

18 amount of incremental costs incurred by

19 the Department of Defense during the

20 preceding fiscal year to support or par21 ticipate in, directly or indirectly, United

22 Nations peacekeeping activities. Such re23 port shall include a separate listing by

24 United Nations peacekeeping operation

25 of the amount of incremental costs in-
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1 curred to support or participate in each

2 such operation.

3 ‘‘(3) DEFINITIONS.—For purposes of

4 this subsection:

5 ‘‘(A) UNITED NATIONS PEACEKEEPING

6 ACTIVITIES.—The term ‘United Nations

7 peacekeeping activities’ means any

8 international peacekeeping, peace9 making, peace-enforcing, or similar

10 activity that is authorized by the

11 United Nations Security Council

12 under chapter VI or VII of the Char13 ter of the United Nations, except that

14 such term does not include any such

15 activity authorized under chapter VII

16 of such Charter with respect to which

17 the President has certified to the

18 Congress that the activity is of such

19 importance to the national security of

20 the United States that the United

21 States would undertake the activity

22 unilaterally if it were not authorized

23 by the United Nations Security Coun24 cil.
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1 ‘‘(B) DESIGNATED CONGRESSIONAL

2 COMMITTEES.—The term ‘designated

3 congressional committees’ includes

4 the Committee on National Security

5 of the House of Representatives and

6 the Committee on Armed Services of

7 the Senate.’’.

8 (b) EFFECTIVE DATE.—The limitation con9 tained in section 10(a)(1) of the United Na10 tions Participation Act of 1945, as added by

11 subsection (a), shall apply only with respect

12 to United Nations assessments for peacekeep13 ing operations after fiscal year 1995.

14 SEC. 502. CODIFICATION OF REQUIRED NOTICE TO CON15 GRESS OF PROPOSED UNITED NATIONS

16 PEACEKEEPING ACTIVITIES.

17 (a) REQUIRED NOTICE.—Section 4 of the

18 United Nations Participation Act of 1945 (22

19 U.S.C. 287b) is amended—

20 (1) by striking the second sentence of

21 subsection (a);

22 (2) by redesignating subsection (e) as

23 subsection (f); and

24 (3) by inserting after subsection (d) a

25 new subsection (e) consisting of the text
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1 of subsection (a) of section 407 of the For2 eign Relations Authorization Act, Fiscal

3 Years 1994 and 1995 (Public Law 103–

4 236), revised—

5 (A) in paragraph (2)—

6 (i) in the matter preceding

7 subparagraph (A), by inserting

8 ‘‘in written form not later than

9 the 10th day of’’ after ‘‘shall be

10 provided’’;

11 (ii) in subparagraph (A)(iv),

12 by inserting ‘‘(including facilities,

13 training, transportation, commu14 nication, intelligence, and

15 logistical support)’’ after ‘‘covered

16 by the resolution’’; and

17 (iii) in subparagraph (B), by

18 adding at the end the following

19 new clause:

20 ‘‘(iv) A description of any

21 other United States assistance to

22 or support for the operation (in23 cluding facilities, training, trans24 portation, communication, intel25 ligence, and logistical support),
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1 and an estimate of the cost to the

2 United States of such assistance

3 or support.’’;

4 (B) by striking paragraph (3);

5 (C) by redesignating paragraph

6 (4) as paragraph (3) and in the last

7 sentence of subparagraph (A) of that

8 paragraph by striking ‘‘and (ii)’’ and

9 inserting ‘‘through (iv)’’;

10 (D) by inserting after paragraph

11 (3) (as so redesignated) the following

12 new paragraph:

13 ‘‘(4) NEW UNITED NATIONS PEACEKEEP14 ING OPERATION DEFINED.—As used in para15 graphs (2) (B) and (3), the term ‘new Unit16 ed Nations peacekeeping operation’ in17 cludes any existing or otherwise ongoing

18 United Nations peacekeeping operation—

19 ‘‘(A) that is to be expanded by

20 more than 25 percent during the pe21 riod covered by the Security Council

22 resolution, as measured by either the

23 number of personnel participating (or

24 authorized to participate) in the oper-
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1 ation or the budget of the operation;

2 or

3 ‘‘(B) that is to be authorized to op4 erate in a country in which it was not

5 previously authorized to operate.’’;

6 and

7 (E) in paragraph (5)—

8 (i) by striking ‘‘(5) NOTIFICA9 TION’’ and all that follows through

10 ‘‘(B) The President’’ and inserting

11 ‘‘(5) QUARTERLY REPORTS.—The

12 President’’; and

13 (ii) by striking ‘‘section 4(d)’’

14 and all that follows through ‘‘of

15 this section)’’ and inserting ‘‘sub16 section (d)’’.

17 (b) CONFORMING REPEAL.—Subsection (a)

18 of section 407 of the Foreign Relations Au19 thorization Act, Fiscal Years 1994 and 1995

20 (Public Law 103–236), is repealed.

21 (c) DESIGNATED CONGRESSIONAL COMMIT22 TEES.—Subsection (f) of section 4 of the United

23 Nations Participation Act of 1945 (22 U.S.C.

24 287b(f)), as redesignated by subsection (a), is

25 amended to read as follows:
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1 ‘‘(f) DESIGNATED CONGRESSIONAL COMMIT2 TEES.—As used in this section, the term ‘des3 ignated congressional committees’ has the

4 meaning given such term in section 10(f).’’.

5 SEC. 503. NOTICE TO CONGRESS REGARDING UNITED

6 STATES CONTRIBUTIONS FOR UNITED NA7 TIONS PEACEKEEPING ACTIVITIES.

8 Section 10 of the United Nations Partici9 pation Act of 1945 is amended by adding after

10 subsection (a), as added by section 501, the

11 following new subsection:

12 ‘‘(b) NOTICE TO CONGRESS REGARDING CON13 TRIBUTIONS FOR PEACEKEEPING ACTIVITIES.—

14 ‘‘(1) NOTICE REGARDING UNITED NATIONS

15 BILLING REQUEST.—Not later than 15 days

16 after the date on which the United States

17 receives from the United Nations a bill18 ing requesting a payment by the United

19 States of any contribution for United Na20 tions peacekeeping activities, the Presi21 dent shall so notify the designated con22 gressional committees.

23 ‘‘(2) NOTICE REGARDING PROPOSED OBLI24 GATION OF FUNDS.—The President shall no25 tify the designated congressional commit-
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1 tees at least 15 days before the United

2 States obligates funds for any assessed or

3 voluntary contribution for United Na4 tions peacekeeping activities, except that

5 if the President determines that an emer6 gency exists which prevents compliance

7 with the requirement that such notifica8 tion be provided 15 days in advance and

9 that such contribution is in the national

10 security interests of the United States,

11 such notification shall be provided in a

12 timely manner but no later than 48 hours

13 after such obligation.’’.

14 SEC. 504. REVISED NOTICE TO CONGRESS REGARDING

15 UNITED STATES ASSISTANCE FOR UNITED

16 NATIONS PEACEKEEPING ACTIVITIES.

17 Section 7 of the United Nations Participa18 tion Act of 1945 (22 U.S.C. 287d–1) is amend19 ed—

20 (1) in subsection (a), by inserting

21 ‘‘other than subsection (e)(1)’’ after ‘‘any

22 other law’’; and

23 (2) by adding at the end the following

24 new subsection:
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1 ‘‘(e)(1) Except as provided in paragraphs

2 (2) and (3), at least 15 days before any agency

3 or entity of the United States Government

4 makes available to the United Nations any as5 sistance or facility to support or facilitate

6 United Nations peacekeeping activities, the

7 President shall so notify the designated con8 gressional committees.

9 ‘‘(2) Paragraph (1) does not apply to—

10 ‘‘(A) assistance having a value of less

11 than $1,000,000 in the case of

12 nonreimbursable assistance or less than

13 $5,000,000 in the case of reimbursable as14 sistance; or

15 ‘‘(B) assistance provided under the

16 emergency drawdown authority con17 tained in sections 506(a)(1) and 552(c)(2)

18 of the Foreign Assistance Act of 1961 (22

19 U.S.C. 2318(a)(1), 2348a(c)(2)).

20 ‘‘(3) If the President determines that an

21 emergency exists which prevents compliance

22 with the requirement in paragraph (1) that

23 notification be provided 15 days in advance

24 and that the contribution of any such assist25 ance or facility is in the national security in-
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1 terests of the United States, such notification

2 shall be provided in a timely manner but not

3 later than 48 hours after such assistance or fa4 cility is made available to the United Nations.

5 ‘‘(4) For purposes of this subsection, the

6 term ‘assistance’—

7 ‘‘(A) means assistance of any kind, in8 cluding logistical support, supplies,

9 goods, or services (including command,

10 control, communications or intelligence

11 assistance and training), and the grant of

12 rights of passage; and

13 ‘‘(B) includes assistance provided

14 through in-kind contributions or through

15 the provision of support, supplies, goods,

16 or services on any terms, including on a

17 grant, lease, loan, or reimbursable basis;

18 but

19 ‘‘(C) does not include the payment of

20 assessed or voluntary contributions.’’.

21 SEC. 505. UNITED STATES CONTRIBUTIONS TO UNITED NA22 TIONS PEACEKEEPING ACTIVITIES.

23 Section 4(d)(1) of the United Nations Par24 ticipation Act of 1945 (22 U.S.C. 287b(d)(1)) is

25 amended—
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1 (1) by redesignating subparagraph

2 (D) as subparagraph (E); and

3 (2) by inserting after subparagraph

4 (C) the following new subparagraph:

5 ‘‘(D) A description of the antici6 pated budget for the next fiscal year

7 for United States participation in

8 United Nations peacekeeping activi9 ties, including a statement of—

10 ‘‘(i) the aggregate amount of

11 funds available to the United Na12 tions for that fiscal year, includ13 ing assessed and voluntary con14 tributions, which may be made

15 available for United Nations

16 peacekeeping activities; and

17 ‘‘(ii) the aggregate amount of

18 funds (from all accounts) and the

19 aggregate costs of in-kind con20 tributions that the United States

21 proposes to make available to the

22 United Nations for that fiscal year

23 for United Nations peacekeeping

24 activities.’’.
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1 SEC. 506. REIMBURSEMENT TO THE UNITED STATES FOR

2 IN-KIND CONTRIBUTIONS TO UNITED NA3 TIONS PEACEKEEPING ACTIVITIES.

4 (a) IN GENERAL.—Section 7 of the United

5 Nations Participation Act of 1945 (22 U.S.C.

6 287d–1), as amended by section 504, is further

7 amended—

8 (1) in subsection (b)—

9 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’;

10 (B) by striking ‘‘United States:

11 Provided,’’ through ‘‘Provided further,

12 That when’’ and inserting ‘‘United

13 States. When’’; and

14 (C) by adding at the end the fol15 lowing:

16 ‘‘(2) The Secretary of Defense may waive

17 the requirement for reimbursement under

18 paragraph (1) if the Secretary, after consulta19 tion with the Secretary of State and the Direc20 tor of the Office of Management and Budget,

21 determines that an emergency exists which

22 justifies waiver of that requirement. Any such

23 waiver shall be submitted to the designated

24 congressional committees, as defined in sec25 tion 10(a)(3)(B), at least 15 days before it takes

26 effect, except that if the President determines
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1 that an emergency exists which prevents com2 pliance with the requirement that the notifi3 cation be provided 15 days in advance and

4 that the provision under subsection (a)(1) or

5 (a)(2) of personnel or assistance on a

6 nonreimbursable basis is in the national secu7 rity interests of the United States, such notifi8 cation shall be provided in a timely manner

9 but no later than 48 hours after such waiver

10 takes effect.’’; and

11 (2) by adding at the end the following

12 new subsection:

13 ‘‘(f) The Secretary of State shall ensure

14 that goods and services provided on a reim15 bursable basis by the Department of Defense

16 to the United Nations for United Nations

17 peacekeeping operations under this section

18 or any other provision of law are reimbursed

19 at the appropriate value, as determined by

20 the Secretary of Defense.’’.

21 (b) INITIAL REPORT.—

22 (1) IN GENERAL.—Not later than one

23 year after the date of the enactment of

24 this Act, the Representative of the United

25 States to the United Nations shall submit
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1 to the designated congressional commit2 tees a report on all actions taken by the

3 United States mission to the United Na4 tions to achieve the objective described

5 in section 7(f) of the United Nations Par6 ticipation Act of 1945, as added by sub7 section (a)(2).

8 (2) DESIGNATED CONGRESSIONAL COM9 MITTEES DEFINED.—As used in this sub10 section, the term ‘‘designated congres11 sional committees’’ has the meaning

12 given such term in section 10(a)(3)(B) of

13 the United Nations Participation Act of

14 1945, as added by section 501.

15 SEC. 507. PROHIBITION ON USE OF FUNDS TO PAY UNITED

16 STATES ASSESSED OR VOLUNTARY CON17 TRIBUTIONS FOR UNITED NATIONS PEACE18 KEEPING ACTIVITIES.

19 (a) IN GENERAL.—Section 10 of the United

20 Nations Participation Act of 1945 is amended

21 by adding after subsection (b), as added by

22 section 503, the following new subsection:

23 ‘‘(c) PROHIBITION ON USE OF FUNDS TO PAY

24 ASSESSED OR VOLUNTARY CONTRIBUTIONS FOR

25 PEACEKEEPING ACTIVITIES.—
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1 ‘‘(1) IN GENERAL.—Appropriated funds

2 may not be used to pay any United States

3 assessed or voluntary contribution dur4 ing any fiscal year for United Nations

5 peacekeeping activities until the Sec6 retary of Defense certifies to the des7 ignated congressional committees that

8 the United Nations has reimbursed the

9 Department of Defense directly for all

10 goods and services that were provided to

11 the United Nations by the Department of

12 Defense on a reimbursable basis during

13 the preceding fiscal year for United Na14 tions peacekeeping activities, including

15 personnel and assistance provided under

16 section 7 (except to the extent that the

17 authority of subsection (b)(2) of such sec18 tion to waive the reimbursement require19 ment was exercised with respect to such

20 personnel or assistance).

21 ‘‘(2) EXCEPTION.—The prohibition con22 tained in paragraph (1) shall not apply

23 when the Department of Defense has

24 failed to submit its bills in a timely man-
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1 ner for goods and services that were pro2 vided to the United Nations.’’.

3 (b) EFFECTIVE DATE.—The prohibition con4 tained in section 10(c) of the United Nations

5 Participation Act of 1945, as added by sub6 section (a), shall apply only with respect to

7 fiscal years after fiscal year 1995.

8 SEC. 508. LIMITATION ON USE OF DEPARTMENT OF DE9 FENSE FUNDS FOR UNITED STATES SHARE

10 OF COSTS OF UNITED NATIONS PEACEKEEP11 ING ACTIVITIES.

12 (a) IN GENERAL.—(1) Chapter 20 of title 10,

13 United States Code, is amended by inserting

14 after section 405, as added by section 401 of

15 this Act, the following new section:

16 ‘‘§ 406. Use of Department of Defense funds for Unit17 ed States share of costs of United Nations

18 peacekeeping activities: limitation

19 ‘‘(a) PROHIBITION ON USE OF FUNDS FOR

20 PAYMENT OF ASSESSMENT.—No funds available

21 to the Department of Defense shall be avail22 able for payment of any United States as23 sessed or voluntary contribution for United

24 Nations peacekeeping activities.
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1 ‘‘(b) LIMITATION ON USE OF FUNDS FOR PAR2 TICIPATION IN PEACEKEEPING ACTIVITIES.—

3 Funds available to the Department of Defense

4 may be used for payment of the incremental

5 costs associated with the participation of ele6 ments of the armed forces in United Nations

7 peacekeeping activities only to the extent

8 that Congress has by law specifically author9 ized the use of those funds for such pur10 poses.’’.

11 (2) The table of sections at the beginning

12 of such chapter is amended by adding at the

13 end the following new item:

‘‘406. Use of Department of Defense funds for United States

share of costs of United Nations peacekeeping activities: limitation.’’.

14 (b) EFFECTIVE DATE.—Section 406 of title

15 10, United States Code, as added by sub16 section (a), shall take effect on October 1,

17 1995.

18 SEC. 509. CODIFICATION OF LIMITATION ON AMOUNT OF

19 UNITED STATES ASSESSED CONTRIBUTIONS

20 FOR UNITED NATIONS PEACEKEEPING OPER21 ATIONS.

22 (a) IN GENERAL.—Section 10 of the United

23 Nations Participation Act of 1945 is amended
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1 by adding after subsection (c), as added by

2 section 507, the following new subsection:

3 ‘‘(d) LIMITATION ON ASSESSED CONTRIBU4 TION WITH RESPECT TO A PEACEKEEPING OPER5 ATION.—Funds authorized to be appropriated

6 for ‘Contributions for International Peace7 keeping Activities’ for any fiscal year shall

8 not be available for the payment of the United

9 States assessed contribution for a United Na10 tions peacekeeping operation in an amount

11 which is greater than 25 percent of the total

12 amount of all assessed contributions for that

13 operation, and any arrearages that accumu14 late as a result of assessments in excess of 25

15 percent of the total amount of all assessed

16 contributions for any United Nations peace17 keeping operation shall not be recognized or

18 paid by the United States.’’.

19 (b) EFFECTIVE DATE.—The limitation con20 tained in section 10(d) of the United Nations

21 Participation Act of 1945, as added by sub22 section (a), shall apply only with respect to

23 funds authorized to be appropriated for ‘‘Con24 tributions for International Peacekeeping Ac25 tivities’’ for fiscal years after fiscal year 1995.
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1 (c) CONFORMING AMENDMENT.—Section

2 404(b) of the Foreign Relations Authorization

3 Act, Fiscal Years 1994 and 1995 (Public Law

4 103–236) is amended by striking paragraph

5 (2).

6 SEC. 510. BUY AMERICAN REQUIREMENT.

7 Section 10 of the United Nations Partici8 pation Act of 1945 is amended by adding after

9 subsection (d), as added by section 509, the

10 following new subsections:

11 ‘‘(e) BUY AMERICAN REQUIREMENT.—No

12 funds may be obligated or expended to pay

13 any United States assessed or voluntary con14 tribution for United Nations peacekeeping ac15 tivities unless the Secretary of State deter16 mines and certifies to the designated congres17 sional committees that United States manu18 facturers and suppliers are being given op19 portunities to provide equipment, services,

20 and material for such activities equal to those

21 being given to foreign manufacturers and

22 suppliers.

23 ‘‘(f) DESIGNATED CONGRESSIONAL COMMIT24 TEES DEFINED.—As used in this section, the
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1 term ‘designated congressional committees’

2 means—

3 ‘‘(1) the Committee on International

4 Relations and the Committee on Appro5 priations of the House of Representa6 tives; and

7 ‘‘(2) the Committee on Foreign Rela8 tions and the Committee on Appropria9 tions of the Senate.’’.

10 SEC. 511. UNITED NATIONS BUDGETARY AND MANAGE11 MENT REFORM.

12 (a) IN GENERAL.—The United Nations Par13 ticipation Act of 1945 (22 U.S.C. 287 et seq.) is

14 further amended by adding at the end the fol15 lowing new section:

16 ‘‘SEC. 11. (a) WITHHOLDING OF CONTRIBU17 TIONS.—

18 ‘‘(1) ASSESSED CONTRIBUTIONS FOR REG19 ULAR UNITED NATIONS BUDGET.—At the be20 ginning of each fiscal year, 20 percent of

21 the amount of funds made available for

22 that fiscal year for United States assessed

23 contributions for the regular United Na24 tions budget shall be withheld from obli25 gation and expenditure unless a certifi-
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1 cation for that fiscal year has been made

2 under subsection (b).

3 ‘‘(2) ASSESSED CONTRIBUTIONS FOR

4 UNITED NATIONS PEACEKEEPING.—At the be5 ginning of each fiscal year, 50 percent of

6 the amount of funds made available for

7 that fiscal year for United States assessed

8 contributions for United Nations peace9 keeping activities shall be withheld from

10 obligation and expenditure unless a cer11 tification for that fiscal year has been

12 made under subsection (b).

13 ‘‘(3) VOLUNTARY CONTRIBUTIONS FOR

14 UNITED NATIONS PEACEKEEPING.—The Unit15 ed States may not during any fiscal year

16 pay any voluntary contribution to the

17 United Nations for international peace18 keeping activities unless a certification

19 for that fiscal year has been made under

20 subsection (b).

21 ‘‘(b) CERTIFICATION.—The certification re22 ferred to in subsection (a) for any fiscal year

23 is a certification by the President to the Con24 gress, submitted on or after the beginning of

25 that fiscal year, of each of the following:
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1 ‘‘(1) The United Nations has an inde2 pendent office of Inspector General to

3 conduct and supervise objective audits,

4 inspections, and investigations relating

5 to programs and operations of the United

6 Nations.

7 ‘‘(2) The United Nations has an In8 spector General who was appointed by

9 the Secretary General with the approval

10 of the General Assembly and whose ap11 pointment was made principally on the

12 basis of the appointee’s integrity and

13 demonstrated ability in accounting, au14 diting, financial analysis, law, manage15 ment analysis, public administration, or

16 investigation.

17 ‘‘(3) The Inspector General is author18 ized to—

19 ‘‘(A) make investigations and re20 ports relating to the administration

21 of the programs and operations of the

22 United Nations;

23 ‘‘(B) have access to all records,

24 documents, and other available mate-
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1 rials relating to those programs and

2 operations;

3 ‘‘(C) have direct and prompt ac4 cess to any official of the United Na5 tions; and

6 ‘‘(D) have access to all records

7 and officials of the specialized agen8 cies of the United Nations.

9 ‘‘(4) The United Nations has fully im10 plemented, and made available to all

11 member states, procedures that effec12 tively protect the identity of, and prevent

13 reprisals against, any staff member of the

14 United Nations making a complaint or

15 disclosing information to, or cooperating

16 in any investigation or inspection by, the

17 United Nations Inspector General.

18 ‘‘(5) The United Nations has fully im19 plemented procedures that ensure com20 pliance with recommendations of the

21 United Nations Inspector General.

22 ‘‘(6) The United Nations has required

23 the United Nations Inspector General to

24 issue an annual report and has ensured

25 that the annual report and all other re-
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1 ports of the Inspector General are made

2 available to the General Assembly with3 out modification.

4 ‘‘(7) The United Nations has provided,

5 and is committed to providing, sufficient

6 budgetary resources to ensure the effec7 tive operation of the United Nations In8 spector General.’’.

9 (b) EFFECTIVE DATE.—Section 11 of the

10 United Nations Participation Act of 1945, as

11 added by subsection (a), shall apply only with

12 respect to fiscal years after fiscal year 1995.

13 SEC. 512. CONDITIONS ON PROVISION OF INTELLIGENCE

14 TO THE UNITED NATIONS.

15 (a) IN GENERAL.—The United Nations Par16 ticipation Act of 1945 (22 U.S.C. 287 et seq.) is

17 further amended by adding at the end the fol18 lowing new section:

19 ‘‘SEC. 12. (a) PROVISION OF INTELLIGENCE

20 INFORMATION TO THE UNITED NATIONS.—Before

21 intelligence information is provided by the

22 United States to the United Nations, the

23 President shall ensure that the Director of

24 Central Intelligence, in consultation with the

25 Secretary of State and the Secretary of De-
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1 fense, has established guidelines governing

2 the provision of intelligence information to

3 the United Nations which shall protect intel4 ligence sources and methods from unauthor5 ized disclosure in accordance with section

6 103(c)(5) of the National Security Act of 1947

7 (50 U.S.C. 403–3(c)(5)).

8 ‘‘(b) PERIODIC AND SPECIAL REPORTS.—(1)

9 The President shall periodically report, but

10 not less frequently than semiannually, to the

11 Committee on International Relations and the

12 Permanent Select Committee on Intelligence

13 of the House of Representatives and the Com14 mittee on Foreign Relations and the Select

15 Committee on Intelligence of the Senate on

16 the types of intelligence provided to the Unit17 ed Nations and the purposes for which it was

18 provided during the period covered by the re19 port. The President shall also report to the

20 Permanent Select Committee on Intelligence

21 of the House of Representatives and the Se22 lect Committee on Intelligence of the Senate,

23 within 15 days after it becomes known to him,

24 any unauthorized disclosure of intelligence

25 provided to the United Nations.
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1 ‘‘(2) The requirement for periodic reports

2 under the first sentence of paragraph (1) of

3 this subsection shall not apply to the provi4 sion of intelligence that is provided only to,

5 and for the use of, United States Government

6 personnel serving with the United Nations.

7 ‘‘(c) DELEGATION OF DUTIES.—The Presi8 dent may not delegate or assign the duties of

9 the President under this section.

10 ‘‘(d) IMPROVED HANDLING OF INTELLIGENCE

11 INFORMATION BY THE UNITED NATIONS.—The

12 Secretary of State (or the designee of the Sec13 retary), in consultation with the Director of

14 Central Intelligence and the Secretary of De15 fense, shall work with the United Nations to

16 improve the handling, processing, dissemina17 tion, and management of all intelligence in18 formation provided to it by its members.

19 ‘‘(e) RELATIONSHIP TO EXISTING LAW.—

20 Nothing in this section shall be construed to—

21 ‘‘(1) impair or otherwise affect the au22 thority of the Director of Central Intel23 ligence to protect intelligence sources

24 and methods from unauthorized disclo25 sure pursuant to section 103(c)(5) of the
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1 National Security Act of 1947 (50 U.S.C.

2 403–3(c)(5)); or

3 ‘‘(2) supersede or otherwise affect the

4 provisions of title V of the National Secu5 rity Act of 1947 (50 U.S.C. 413–415).’’.

6 (b) EFFECTIVE DATE.—The amendment

7 made by subsection (a) shall take effect 45

8 days after the date of the enactment of this

9 Act.

10 TITLE VI—EXPANSION OF THE

11 NORTH ATLANTIC TREATY

12 ORGANIZATION

13 SEC. 601. SHORT TITLE.

14 This title may be cited as the ‘‘NATO Ex15 pansion Act of 1995’’.

16 SEC. 602. FINDINGS.

17 The Congress makes the following find18 ings:

19 (1) Since 1949, the North Atlantic

20 Treaty Organization (NATO) has helped

21 to guarantee the security, freedom, and

22 prosperity of the United States and its

23 partners in the alliance.
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1 (2) NATO has expanded its member2 ship on three different occasions since its

3 founding in 1949.

4 (3) The steadfast and sustained com5 mitment of the member countries of

6 NATO to mutual defense against the

7 threat of communist domination played a

8 significant role in precipitating the col9 lapse of the Iron Curtain and the demise

10 of the Soviet Union.

11 (4) Although new threats are more

12 geographically and functionally diverse

13 and less predictable, they still imperil

14 shared interests of the United States and

15 its NATO allies.

16 (5) Western interests must be pro17 tected on a cooperative basis without an

18 undue burden falling upon the United

19 States.

20 (6) NATO is the only multilateral or21 ganization that is capable of conducting

22 effective military operations to protect

23 Western interests.

24 (7) The valuable experience gained

25 from ongoing military cooperation within
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1 NATO was critical to the success of joint

2 military operations in the 1991 liberation

3 of Kuwait.

4 (8) NATO is an important diplomatic

5 forum for discussion of issues of concern

6 to its member states and for the peaceful

7 resolution of disputes.

8 (9) Admission of Central and East Eu9 ropean countries that have recently been

10 freed from Communist domination to

11 NATO could contribute to international

12 peace and enhance the security of those

13 countries.

14 (10) By joining the Partnership for

15 Peace, a number of countries have ex16 pressed interest in NATO membership.

17 (11) The Partnership for Peace pro18 gram is creating new political and mili19 tary ties with countries in Central and

20 Eastern Europe and provides the basis

21 for joint action to deal with common se22 curity problems. Active participation in

23 the Partnership for Peace will also play

24 an important role in the evolutionary

25 process of NATO expansion.
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1 (12) In particular, Poland, Hungary,

2 the Czech Republic, and Slovakia have

3 made significant progress toward estab4 lishing democratic institutions, free mar5 ket economies, civilian control of their

6 armed forces, police, and intelligence

7 services, and the rule of law since the fall

8 of their previous Communist govern9 ments.

10 SEC. 603. UNITED STATES POLICY.

11 It should be the policy of the United

12 States—

13 (1) to continue the Nation’s commit14 ment to an active leadership role in

15 NATO;

16 (2) to join with the Nation’s NATO al17 lies to redefine the role of the alliance in

18 the post-Cold War world, taking into ac19 count—

20 (A) the fundamentally changed se21 curity environment of Central and

22 Eastern Europe;

23 (B) the need to assure all coun24 tries of the defensive nature of the al25 liance and the desire of its members
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1 to work cooperatively with all former

2 adversaries;

3 (C) the emerging security threats

4 posed by the proliferation of nuclear,

5 chemical, and biological weapons of

6 mass destruction and the means to

7 deliver them;

8 (D) the continuing challenges to

9 the interests of all NATO member

10 countries posed by unstable and un11 democratic regimes harboring hostile

12 intentions; and

13 (E) the dependence of the global

14 economy on a stable energy supply

15 and the free flow of commerce;

16 (3) to affirm that NATO military plan17 ning should include joint military oper18 ations beyond the geographic bounds of

19 the alliance under Article 4 of the North

20 Atlantic Treaty when the shared interests

21 of the United States and other member

22 countries require such action to defend

23 vital interests;

24 (4) to expeditiously pursue joint co25 operation agreements for the acquisition
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1 of essential systems to significantly in2 crease the crisis management capability

3 of NATO;

4 (5) that Poland, Hungary, the Czech

5 Republic, and Slovakia should be in a po6 sition to further the principles of the

7 North Atlantic Treaty and to contribute

8 to the security of the North Atlantic area

9 in the near future, and, in accordance

10 with Article 10 of such Treaty, should be

11 invited to become full NATO members,

12 provided these countries—

13 (A) meet appropriate standards,

14 including—

15 (i) shared values and inter16 ests;

17 (ii) democratic governments;

18 (iii) free market economies;

19 (iv) civilian control of the

20 military, of the police, and of the

21 intelligence and other security

22 services, so that these organiza23 tions do not pose a threat to

24 democratic institutions, neighbor-
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1 ing countries, or the security of

2 NATO or the United States;

3 (v) adherence to the rule of

4 law and to the values, principles,

5 and political commitments set

6 forth in the Helsinki Final Act

7 and other declarations by the

8 members of the Organization on

9 Security and Cooperation in Eu10 rope;

11 (vi) commitment to further

12 the principles of NATO and to

13 contribute to the security of the

14 North Atlantic area;

15 (vii) commitment and ability

16 to accept the obligations, respon17 sibilities, and costs of NATO mem18 bership; and

19 (viii) commitment and ability

20 to implement infrastructure de21 velopment activities that will fa22 cilitate participation in and sup23 port for NATO military activities;

24 and
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1 (B) remain committed to protect2 ing the rights of all their citizens and

3 respecting the territorial integrity of

4 their neighbors;

5 (6) that the United States, other

6 NATO member nations, and NATO itself

7 should furnish appropriate assistance to

8 facilitate the transition of Poland, Hun9 gary, the Czech Republic, and Slovakia to

10 full NATO membership;

11 (7) to reaffirm article X of the North

12 Atlantic Treaty and the policy decision of

13 the North Atlantic Council on December

14 1, 1994, that—

15 (A) each new member nation may

16 be admitted to NATO only by amend17 ment to the North Atlantic Treaty;

18 and

19 (B) each current NATO member

20 nation will have to complete the trea21 ty amendment ratification process for

22 the admission of each new member

23 nation to NATO, subject to the inter24 nal legal processes of each current

25 NATO member nation, and that in the
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1 case of the United States, the treaty

2 amendment ratification process will

3 require advice and consent of two4 thirds of the members of the United

5 States Senate present and voting;

6 (8) that the expansion of NATO

7 should be defensive in nature and should

8 occur in a manner that increases stability

9 for all nations of Europe, including both

10 NATO member nations and non-NATO

11 member nations;

12 (9) that NATO and its member na13 tions should cooperate closely with Rus14 sia on security issues and work to

15 strengthen other structures of security

16 cooperation in Europe, including the Or17 ganization on Security and Cooperation

18 in Europe; and

19 (10) that other European countries

20 emerging from communist domination

21 may be in a position at a future date to

22 further the principles of the North Atlan23 tic Treaty and to contribute to the secu24 rity of the North Atlantic area, and at the

25 appropriate time they should receive as-
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1 sistance to facilitate their transition to

2 full NATO membership and should be in3 vited to become full NATO members.

4 SEC. 604. REVISIONS TO PROGRAM TO FACILITATE TRANSI5 TION TO NATO MEMBERSHIP.

6 (a) ESTABLISHMENT OF PROGRAM.—Sub7 section (a) of section 203 of the NATO Partici8 pation Act of 1994 (title II of Public Law 103–

9 447; 22 U.S.C. 1928 note) is amended to read

10 as follows:

11 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The

12 President shall establish a program to assist

13 in the transition to full NATO membership of

14 Poland, Hungary, the Czech Republic, and

15 Slovakia and any other European country

16 emerging from communist domination that is

17 designated by the President under subsection

18 (d)(2).’’.

19 (b) ELIGIBLE COUNTRIES.—

20 (1) DESIGNATED COUNTRIES.—Sub21 section (d) of such section is amended to

22 read as follows:

23 ‘‘(d) DESIGNATION OF ELIGIBLE COUN24 TRIES.—
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1 ‘‘(1) SPECIFIED COUNTRIES.—The fol2 lowing countries are hereby designated

3 for purposes of this title: Poland, Hun4 gary, the Czech Republic, and Slovakia.

5 ‘‘(2) AUTHORITY FOR PRESIDENT TO DES6 IGNATE OTHER EUROPEAN COUNTRIES

7 EMERGING FROM COMMUNIST DOMINATION.—

8 The President may designate other Euro9 pean countries emerging from communist

10 domination (as defined in section 206) to

11 receive assistance under the program es12 tablished under subsection (a). The Presi13 dent may make such a designation in the

14 case of any such country only if the

15 President determines, and reports to the

16 designated congressional committees,

17 that such country—

18 ‘‘(A) has made significant

19 progress toward establishing—

20 ‘‘(i) shared values and inter21 ests;

22 ‘‘(ii) democratic governments;

23 ‘‘(iii) free market economies;

24 ‘‘(iv) civilian control of the

25 military, of the police, and of the
145

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1 intelligence and other security

2 services, so that these organiza3 tions do not pose a threat to

4 democratic institutions, neighbor5 ing countries, or the security of

6 NATO or the United States;

7 ‘‘(v) adherence to the rule of

8 law and to the values, principles,

9 and political commitments set

10 forth in the Helsinki Final Act

11 and other declarations by the

12 members of the Organization on

13 Security and Cooperation in Eu14 rope;

15 ‘‘(vi) commitment to further

16 the principles of NATO and to

17 contribute to the security of the

18 North Atlantic area;

19 ‘‘(vii) commitment and ability

20 to accept the obligations, respon21 sibilities, and costs of NATO mem22 bership; and

23 ‘‘(viii) commitment and ability

24 to implement infrastructure de25 velopment activities that will fa-
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1 cilitate participation in and sup2 port for NATO military activities;

3 and

4 ‘‘(B) is likely, within five years of

5 such determination, to be in a posi6 tion to further the principles of the

7 North Atlantic Treaty and to contrib8 ute to the security of the North Atlan9 tic area.’’.

10 (2) CONFORMING AMENDMENTS.—

11 (A) Subsections (b) and (c) of such

12 section are amended by striking

13 ‘‘countries described in such sub14 section’’ and inserting ‘‘countries des15 ignated under subsection (d)’’.

16 (B) Subsection (e) of such section

17 is amended—

18 (i) by striking ‘‘subsection (d)’’

19 and inserting ‘‘subsection (d)(2)’’;

20 and

21 (ii) by inserting ‘‘(22 U.S.C.

22 2394)’’ before the period at the

23 end.

24 (C) Section 204(c) of such Act is

25 amended by striking ‘‘any other Part-
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1 nership for Peace country designated

2 under section 203(d) of this title’’ and

3 inserting ‘‘any country designated

4 under section 203(d)(2)’’.

5 (c) TYPES OF ASSISTANCE.—

6 (1) ECONOMIC SUPPORT ASSISTANCE.—

7 Subsection (c) of section 203 of such Act

8 is amended—

9 (A) by redesignating paragraphs

10 (3) and (4) as paragraphs (4) and (5),

11 respectively; and

12 (B) by inserting after paragraph

13 (2) the following new paragraph (3):

14 ‘‘(3) Assistance under chapter 4 of

15 part II of the Foreign Assistance Act of

16 1961 (relating to the Economic Support

17 Fund).’’.

18 (2) ADDITIONAL ASSISTANCE.—

19 (A) IN GENERAL.—Subsection (f) of

20 such section is amended to read as

21 follows:

22 ‘‘(f) ADDITIONAL ASSISTANCE.—In carrying

23 out the program established under subsection

24 (a), the President may, in addition to the secu25 rity assistance authorized to be provided
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1 under subsection (c), provide assistance to

2 countries designated under subsection (d)

3 from funds appropriated under the ‘Non4 proliferation and Disarmament Fund’ ac5 count.’’.

6 (B) EFFECTIVE DATE.—The amend7 ment made by subparagraph (A) does

8 not apply with respect to funds ap9 propriated before the date of the en10 actment of this Act.

11 (d) DISQUALIFICATION FROM ASSISTANCE

12 FOR SUPPORT OF TERRORISM.—Section 203 of

13 such Act is further amended by adding at the

14 end the following new subsection:

15 ‘‘(g) PROHIBITION ON PROVIDING ASSISTANCE

16 TO COUNTRIES THAT PROVIDE DEFENSE ARTI17 CLES TO COUNTRIES SUPPORTING INTERNATIONAL

18 TERRORISM.—The President may not provide

19 assistance to a country under the program es20 tablished under subsection (a) if such country

21 is selling or transferring defense articles to a

22 state that has repeatedly provided support for

23 acts of international terrorism, as determined

24 by the Secretary of State under section 6(j) of

25 the Export Administration Act of 1979.’’.
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1 (e) REPORT PRIOR TO OBLIGATION OR EX2 PENDITURE OF FUNDS.—Section 203 of such Act

3 (as amended by subsection (d)) is further

4 amended by adding at the end the following:

5 ‘‘(h) REPORT PRIOR TO OBLIGATION OR EX6 PENDITURE OF FUNDS.—Prior to providing as7 sistance to a country for the first time

8 through the program established under sub9 section (a), the President shall transmit to the

10 designated congressional committees a report

11 with respect to that country that contains a

12 description of the following:

13 ‘‘(1) The cost of membership in NATO

14 for the country and the amount that the

15 country is prepared to contribute to

16 NATO to pay for such cost of member17 ship.

18 ‘‘(2) The amount that the United

19 States will contribute to facilitate transi20 tion to full NATO membership for the

21 country.

22 ‘‘(3) The extent to which the admis23 sion to NATO of the country would con24 tribute to the security of the United

25 States.
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1 ‘‘(4) The views of other NATO member

2 nations regarding the admission to NATO

3 of the country and the amounts that such

4 other NATO member nations will contrib5 ute to facilitate transition to full NATO

6 membership for the country.’’.

7 (f) ANNUAL REPORT.—Section 205 of the

8 NATO Participation Act of 1994 (title II of

9 Public Law 103–447; 22 U.S.C. 1928 note) is

10 amended—

11 (1) by inserting ‘‘ANNUAL’’ in the sec12 tion heading before the first word;

13 (2) by inserting ‘‘annual’’ after ‘‘in14 clude in the’’ in the matter preceding

15 paragraph (1); and

16 (3) in paragraphs (1) and (2), by strik17 ing ‘‘and other’’ and all that follows

18 through the period at the end and insert19 ing ‘‘and any country designated by the

20 President pursuant to section 203(d)(2).’’.

21 (g) DEFINITIONS.—The NATO Participation

22 Act of 1994 (title II of Public Law 103–447; 22

23 U.S.C. 1928 note) is amended by adding at the

24 end the following new section:
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1 ‘‘SEC. 206. DEFINITIONS.

2 ‘‘For purposes of this title:

3 ‘‘(1) NATO.—The term ‘NATO’ means

4 the North Atlantic Treaty Organization.

5 ‘‘(2) OTHER EUROPEAN COUNTRIES

6 EMERGING FROM COMMUNIST DOMINATION.—

7 The term ‘other European countries

8 emerging from communist domination’

9 means any full and active participant in

10 the Partnership for Peace that—

11 ‘‘(A) is located—

12 ‘‘(i) in the territory of the

13 former Union of Soviet Socialist

14 Republics; or

15 ‘‘(ii) in the territory of the

16 former Socialist Federal Republic

17 of Yugoslavia; or

18 ‘‘(B) is among the following coun19 tries: Estonia, Latvia, Lithuania, Ro20 mania, Bulgaria, or Albania.

21 ‘‘(3) DESIGNATED CONGRESSIONAL COM22 MITTEES.—The term ‘designated congres23 sional committees’ means—

24 ‘‘(A) the Committee on Inter25 national Relations, the Committee on

26 National Security, and the Committee
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1 on Appropriations of the House of

2 Representatives; and

3 ‘‘(B) the Committee on Foreign

4 Relations, the Committee on Armed

5 Services, and the Committee on Ap6 propriations of the Senate.’’.

7 TITLE VII—BUDGET FIREWALLS

8 SEC. 701. RESTORATION OF BUDGET FIREWALLS FOR DE9 FENSE SPENDING.

10 It is the sense of the Congress that so11 called ‘‘budget firewalls’’ between defense and

12 domestic discretionary spending should be es13 tablished for each of fiscal years 1996, 1997,

14 and 1998.

15 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

16 (a) SHORT TITLE.—This Act may be cited as

17 the ‘‘National Security Revitalization Act’’.

18 (b) TABLE OF CONTENTS.—The table of con19 tents for this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—FINDINGS, POLICY, AND PURPOSES

Sec. 101. Findings.

Sec. 102. Policy.

Sec. 103. Purposes.

TITLE II—MISSILE DEFENSE

Sec. 201. Policy.

Sec. 202. Actions of the Secretary of Defense.

Sec. 203. Report to Congress.
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TITLE III—ADVISORY COMMISSION ON REVITALIZATION

OF NATIONAL SECURITY

Sec. 301. Establishment.

Sec. 302. Composition.

Sec. 303. Duties.

Sec. 304. Reports.

Sec. 305. Powers.

Sec. 306. Commission procedures.

Sec. 307. Personnel matters.

Sec. 308. Termination of the commission.

Sec. 309. Funding.

TITLE IV—COMMAND OF UNITED STATES FORCES

Sec. 401. Limitation on expenditure of Department of Defense

funds for United States forces placed under United

Nations command or control.

Sec. 402. Limitation on placement of United States Armed

Forces under foreign control for a United Nations

peacekeeping activity.

TITLE V—UNITED NATIONS

Sec. 501. Credit against assessment for United States expenditures in support of United Nations peacekeeping

operations.

Sec. 502. Codification of required notice to Congress of proposed United Nations peacekeeping activities.

Sec. 503. Notice to Congress regarding United States contributions for United Nations peacekeeping activities.

Sec. 504. Revised notice to Congress regarding United States assistance for United Nations peacekeeping activities.

Sec. 505. United States contributions to United Nations peacekeeping activities.

Sec. 506. Reimbursement to the United States for in-kind contributions to United Nations peacekeeping activities.

Sec. 507. Prohibition on use of funds to pay United States assessed or voluntary contribution for United Nations peacekeeping activities unless Department of

Defense reimbursed by United Nations for certain

goods and services.

Sec. 508. Limitation on use of Department of Defense funds for

United States share of costs of United Nations

peacekeeping activities.

Sec. 509. Codification of limitation on amount of United States

assessed contributions for United Nations peacekeeping operations.

Sec. 510. Buy American requirement.

Sec. 511. United Nations peacekeeping budgetary and management reform.

Sec. 512. Conditions on provision of intelligence to the United

Nations.
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TITLE VI—REVITALIZATION AND EXPANSION OF THE

NORTH ATLANTIC TREATY ORGANIZATION

Sec. 601. Short title.

Sec. 602. Findings.

Sec. 603. United States policy.

Sec. 604. Revisions to program to facilitate transition to NATO

membership.

TITLE VII—BUDGET FIREWALLS

Sec. 701. Restoration of budget firewalls for defense spending.

1 TITLE I—FINDINGS, POLICY, AND

2 PURPOSES

3 SEC. 101. FINDINGS.

4 The Congress finds the following:

5 (1) Dramatic changes in the geo-polit6 ical and military landscape during the

7 last decade have had significant impacts

8 on United States security.

9 (2) Those changes include the breakup

10 of the Warsaw Pact alliance, the disinte11 gration of the Soviet Union, and an in12 crease in regional instability and conflict.

13 (3) While the magnitude and implica14 tions of these and other changes continues

15 to evolve, the world remains an unstable

16 and dangerous place. This uncertainty

17 mandates the need for an on-going proc18 ess to establish an appropriate national

19 security strategy and the forces needed to

20 implement that strategy.
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1 (4) The centerpiece of the defense

2 strategy of the Administration, the review

3 of the Department of Defense conducted

4 by the Secretary of Defense in 1993 known

5 as the ‘‘Bottom Up Review’’, determined

6 that United States forces must be—

7 (A) prepared to fight and win two

8 nearly simultaneous Major Regional

9 Conflicts;

10 (B) able to sustain robust overseas

11 presence in peacetime;

12 (C) prepared for a variety of re13 gional contingencies; and

14 (D) able to deter and prevent at15 tacks with weapons of mass destruc16 tion against United States territory

17 and forces and the territory and

18 forces of our allies.

19 (5) The Bottom Up Review also rec20 ommended significant reductions in mili21 tary forces, including reduction in the

22 number of Navy ships by one-third, the

23 number of Air Force wings by almost one24 half, and the level of funding for missile

25 defenses by over 50 percent.
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1 (6) The General Accounting Office and

2 the Congressional Budget Office have esti3 mated that the mismatch between even the

4 restrictive Bottom Up Review force and

5 the Administration defense budget may be

6 up to anywhere from $65,000,000,000 to

7 $150,000,000,000.

8 (7) Since January 1993, presidential

9 budgets and budget plans have set forth a

10 reduction in defense spending of

11 $156,000,000,000 through fiscal year 1999.

12 (8) The fiscal year 1995 budget is the

13 10th consecutive year of reductions in real

14 defense spending and, with the exception

15 of fiscal year 1948, represents the lowest

16 percentage of gross domestic product for

17 any defense budget since World War II.

18 (9) During fiscal year 1995, the num19 ber of active duty, reserve component, and

20 civilian personnel of the Department of

21 Defense will be reduced by 182,000, a rate

22 of over 15,000 per month or over 500 per

23 day. The Bureau of Labor Statistics esti24 mates that 1,200,000 defense-related pri25 vate sector jobs will be lost by 1997.
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1 (10) Despite severe reductions and

2 shortfalls in defense funding and force

3 structure, since 1993 United States mili4 tary forces have been deployed more often

5 and committed to more peacetime mis6 sions per year than ever before. Most of

7 these missions involve United Nations

8 peacekeeping and humanitarian efforts.

9 At the end of fiscal year 1994, over 70,000

10 United States personnel were serving in

11 such regions as Iraq, Bosnia, Macedonia,

12 the Adriatic Sea, Rwanda, and the Carib13 bean Sea for missions involving Haiti and

14 Cuba.

15 (11) Despite the dramatic increase in

16 the pace of operations and the diversion

17 of training and exercise funds to cover the

18 costs of unbudgeted contingency oper19 ations, the Armed Forces of the United

20 States remain the most capable, moti21 vated, and effective military force in the

22 world. The ability to successfully deploy

23 and maintain support for the range of on24 going contingency operations dem-
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1 onstrates the continued quality and pro2 fessionalism of our troops.

3 (12) However, persistent indications of

4 declining readiness demonstrate that

5 military units are entering the early stage

6 of a long-term systemic readiness problem.

7 This downward readiness trend risks a re8 turn to the ‘‘hollow forces’’ of the 1970s.

9 (13) At the end of fiscal year 1994, one10 third of the units in the Army contingency

11 force and all of the forward-deployed and

12 follow-on Army divisions were reporting a

13 reduced state of military readiness. Dur14 ing fiscal year 1994, training readiness

15 declined for the Navy’s Atlantic and Pa16 cific fleets. Training funding shortfalls

17 also resulted in a grounding of Navy and

18 Marine Corps aircraft squadrons and

19 cancellation and curtailment of Army

20 training exercises. Marine and naval per21 sonnel are not maintaining the standard

22 12- to 18-month respite between six-month

23 deployments away from home.

24 (14) The significant increase in de25 ployments in support of peacekeeping, hu-
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1 manitarian, and contingency operations

2 has placed great personnel tempo stress

3 on many critical operational units.

4 (15) A real commitment to equitable

5 compensation and protection of quality-of6 life programs for servicemembers and

7 their families is an esssential component

8 to ensuring high personnel morale and

9 sustaining force readiness. However, as of

10 January 1, 1995, military pay is approxi11 mately 12.8 percent below comparable ci12 vilian levels. As a result, it is estimated

13 that close to 17,000 junior enlisted person14 nel have to rely on food stamps and the

15 Department of Defense will soon begin

16 providing supplementary food benefits to

17 an estimated 11,000 military personnel

18 and dependents living overseas.

19 (16) Critical long-term modernization

20 programs continue to be delayed or can21 celled as resources are diverted to cover

22 short-term personnel and readiness short23 falls resulting from an underfunded de24 fense budget and an overextended force,
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1 threatening the technological superiority

2 of future United States forces.

3 (17) The fiscal year 1995 defense budg4 et failed to meet the current force struc5 ture goal of 184 modern long-range bomb6 ers, as established in the Bottom-Up Re7 view. Unless this long-range bomber capa8 bility shortfall is addressed promptly, the

9 Nation’s ability to project force will be un10 dermined and the existing bomber indus11 trial base may be placed at risk.

12 (18) The Administration has initially

13 agreed to or proposed treaty limitations,

14 or has unilaterally adopted positions,

15 that prohibit the United States from test16 ing or deploying effective missile defense

17 systems.

18 (19) United Nations assessments to the

19 United States for peacekeeping missions

20 totaled over $1,000,000,000 in 1994. The

21 United States is assessed 31.7 percent of

22 annual United Nations costs for peace23 keeping and other United Nations mis24 sions. The next highest contributor,

25 Japan, only pays 12.5 percent of such
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1 costs. The Department of Defense also in2 curs hundreds of millions of dollars in

3 costs every year for United States military

4 participation in United Nations peace5 keeping or humanitarian missions, most

6 of which are not reimbursed by the United

7 Nations. For fiscal year 1994, these De8 partment of Defense costs totaled over

9 $1,721,000,000.

10 SEC. 102. POLICY.

11 The Congress is committed to providing

12 adequate resources to protect the national se13 curity interests of the United States, including

14 the resources necessary—

15 (1) to provide for sufficient forces to

16 meet the national security strategy of

17 being able to fight and win two nearly si18 multaneously major regional conflicts;

19 (2) to provide pay and benefits nec20 essary for members of the Armed Forces

21 (including members of the National

22 Guard and Reserve as well as active duty

23 members) to begin closing the gap be24 tween rates of civilian pay and rates of

25 military pay;
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1 (3) to maintain a high quality-of-life

2 for military personnel and their depend3 ents;

4 (4) to maintain a high level of mili5 tary readiness and take all necessary

6 steps to avoid a return to the ‘‘hollow

7 forces’’ of the 1970s;

8 (5) to fully provide for the necessary

9 modernization of United States military

10 forces in order to ensure their techno11 logical superiority over any adversary;

12 and

13 (6) to develop and deploy at the earli14 est practical date highly effective na15 tional and theater missile defense systems.

16 SEC. 103. PURPOSES.

17 The purposes of this Act are—

18 (1) to establish an advisory commis19 sion to assess United States military needs

20 and address the problems posed by the

21 continuing downward spiral of defense

22 spending;

23 (2) to commit the United States to ac24 celerate the development and deployment
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1 of theater and national ballistic missile

2 defense capabilities;

3 (3) to restrict deployment of United

4 States forces to missions that are in the

5 national security interest of the United

6 States;

7 (4) to maintain adequate command

8 and control by United States personnel of

9 United States forces participating in

10 United Nations peacekeeping operations;

11 (5) to reduce the cost to the United

12 States of United Nations peacekeeping ac13 tivities and to press for reforms in the

14 United Nations management practices;

15 and

16 (6) to reemphasize the commitment of

17 the United States to a strong and viable

18 North Atlantic Treaty Organization.

19 TITLE II—MISSILE DEFENSE

20 SEC. 201. POLICY.

21 It shall be the policy of the United States

22 to—

23 (1) deploy at the earliest practical

24 date an antiballistic missile system that is

25 capable of providing a highly effective de-
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1 fense of the United States against ballistic

2 missile attacks; and

3 (2) provide at the earliest practical

4 date highly effective theater missile de5 fenses (TMDs) to forward-deployed and ex6 peditionary elements of the Armed Forces

7 of the United States and to friendly forces

8 and allies of the United States.

9 SEC. 202. ACTIONS OF THE SECRETARY OF DEFENSE.

10 (a) ABM SYSTEMS.—The Secretary of De11 fense shall develop for deployment at the earli12 est practical date a cost-effective, operation13 ally effective antiballistic missile system de14 signed to protect the United States against

15 ballistic missile attacks.

16 (b) ADVANCED THEATER MISSILE DE17 FENSES.—The Secretary of Defense shall de18 velop for deployment at the earliest practical

19 date advanced theater missile defense systems.

20 SEC. 203. REPORT TO CONGRESS.

21 (a) REQUIREMENT.—Not later than 60 days

22 after the date of the enactment of this Act, the

23 Secretary of Defense shall submit to the con24 gressional defense committees a plan for the

25 deployment of an antiballistic missile system
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1 pursuant to section 202(a) and for the deploy2 ment of theater missile defense systems pursu3 ant to section 202(b).

4 (b) CONGRESSIONAL DEFENSE COMMIT5 TEES.—For purposes of this section, the term

6 ‘‘congressional defense committees’’ means—

7 (1) the Committee on National Secu8 rity and the Committee on Appropriations

9 of the House of Representatives; and

10 (2) the Committee on Armed Services

11 and the Committee on Appropriations of

12 the Senate.

13 TITLE III—ADVISORY COMMIS14 SION ON REVITALIZATION OF

15 NATIONAL SECURITY

16 SEC. 301. ESTABLISHMENT.

17 There is hereby established an advisory

18 commission to be known as the ‘‘Revitalization

19 of National Security Commission’’ (hereinafter

20 in this title referred to as the ‘‘Commission’’).

21 SEC. 302. COMPOSITION.

22 (a) APPOINTMENT.—The Commission shall

23 be composed of 12 members, appointed as fol24 lows:
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1 (1) Four members shall be appointed

2 by the President.

3 (2) Four members shall be appointed

4 by the Speaker of the House of Represent5 atives, one of whom shall be appointed

6 upon the recommendation of the minority

7 leader of the House of Representatives.

8 (3) Four members shall be appointed

9 by the president pro tempore of the Sen10 ate, three of whom shall be appointed

11 upon the recommendation of the majority

12 leader of the Senate and one of whom

13 shall be appointed upon the recommenda14 tion of the minority leader of the Senate.

15 (b) QUALIFICATIONS.—The members of the

16 Commission shall be appointed from among

17 persons having knowledge and experience in

18 defense and foreign policy.

19 (c) TERM OF MEMBERS; VACANCIES.—Mem20 bers of the Commission shall be appointed for

21 the life of the Commission. A vacancy on the

22 Commission shall not affect its powers, but

23 shall be filled in the same manner as the origi24 nal appointment was made.
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1 (d) COMMENCEMENT.—The members of the

2 Commission shall be appointed not later than

3 21 days after the date of the enactment of this

4 Act. The Commission shall convene its first

5 meeting to carry out its duties under this sec6 tion 14 days after seven members of the Com7 mission have been appointed.

8 (e) CHAIRMAN.—The chairman of the Com9 mission shall be designated jointly by the

10 Speaker of the House of Representatives and

11 the majority leader of the Senate (after con12 sultation with the minority leader of the House

13 of Representatives and the minority leader of

14 the Senate) from among members of the Com15 mission appointed under subsection (a)(2) or

16 (a)(3).

17 SEC. 303. DUTIES.

18 (a) COMPREHENSIVE REVIEW.—The Commis19 sion shall conduct a comprehensive review of

20 the long-term national security needs of the

21 United States. The review shall include the fol22 lowing:

23 (1) An assessment of the need for a

24 new national security strategy and, if it is
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1 determined that such a new strategy is

2 needed, identification of such a strategy.

3 (2) An assessment of the need for a

4 new national military strategy and, if it is

5 determined that such a new strategy is

6 needed, identification of such a strategy.

7 (3) An assessment of the military force

8 structure necessary to support the new

9 strategies identified under paragraphs (1)

10 and (2).

11 (4) An assessment of force moderniza12 tion requirements necessary to support the

13 new strategies identified under para14 graphs (1) and (2).

15 (5) An assessment of military infra16 structure requirements necessary to sup17 port the new strategies identified under

18 paragraphs (1) and (2).

19 (6) An assessment of the funding

20 needs of the Department of Defense nec21 essary to support the long-term national

22 security requirements of the United

23 States.

24 (7) An assessment of the adequacy of

25 the force structure recommended in the
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1 1993 Bottom-Up Review in executing the

2 national military strategy.

3 (8) An assessment of the adequacy of

4 the current future-years defense plan in

5 fully funding the Bottom-Up Review force

6 structure while maintaining adequate

7 force modernization and military readi8 ness objectives.

9 (9) An assessment of the level of de10 fense funds expended on non-defense pro11 grams.

12 (10) An assessment of the costs to the

13 United States of expanding the member14 ship of the North Atlantic Treaty Organi15 zation.

16 (11) An assessment of the elements of

17 military pay and allowances constituting

18 the regular military compensation of

19 members of the Armed Forces and the de20 velopment of recommendations for

21 changes in those elements in order to end

22 the dependence of some members of the

23 Armed Forces and their families on Fed24 eral and local assistance programs.
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1 (12) An assessment of the need to re2 vise the command and control structure of

3 the Army Reserve.

4 (b) MATTERS TO BE CONSIDERED.—In carry5 ing out the review, the Commission shall de6 velop specific recommendations to accomplish

7 each of the following:

8 (1) Provide members of the Armed

9 Forces with annual pay raises and other

10 compensation at levels sufficient to begin

11 closing the gap with comparable civilian

12 pay levels.

13 (2) Fully fund cost-effective missile de14 fense systems that are deployable at the

15 earliest practical date following enact16 ment of this Act.

17 (3) Maintain adequate funding for

18 military readiness accounts without sac19 rificing modernization programs.

20 (4) Define policies for committing

21 troops to peacekeeping, peacemaking,

22 peace-enforcing, or humanitarian mis23 sions.

24 (5) Maintain a strong role for Guard

25 and Reserve forces.
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1 (6) Provide a new funding system to

2 avoid diversions from military readiness

3 accounts to pay for peacekeeping and hu4 manitarian deployments such as Haiti

5 and Rwanda.

6 (7) Support measures to enhance secu7 rity in the Asia-Pacific region, including

8 security for the ASEAN Regional Forum

9 member nations.

10 (8) Reduce the level of defense expend11 itures for non-defense programs.

12 SEC. 304. REPORTS.

13 (a) FINAL REPORT.—The Commission shall

14 submit to the President and the designated

15 congressional committees a report on the as16 sessments and recommendations referred to in

17 section 303 not later than January 1, 1996. The

18 report shall be submitted in unclassified and

19 classified versions.

20 (b) INTERIM REPORT.—The Commission

21 shall submit to the President and the des22 ignated congressional committees an interim

23 report describing the Commission’s progress in

24 fulfilling its duties under section 303. The in25 terim report shall include any preliminary
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1 recommendations the Commission may have

2 reached and shall be submitted not later than

3 October 1, 1995.

4 (c) DESIGNATED CONGRESSIONAL COMMIT5 TEES.—For purposes of this section, the term

6 ‘‘designated congressional committees’’

7 means—

8 (1) the Committee on National Secu9 rity, the Committee on International Rela10 tions, and the Committee on Appropria11 tions of the House of Representatives; and

12 (2) the Committee on Armed Services,

13 the Committee on Foreign Relations, and

14 the Committee on Appropriations of the

15 Senate.

16 (d) LIMITATION PENDING SUBMISSION OF IN17 TERIM REPORT.—The Secretary of the Army may

18 not, during the period beginning on the date

19 of the enactment of this Act and ending on the

20 date on which the interim report under sub21 section (b) is submitted, take any action to im22 plement the plan to reorganize the Army Re23 serve’s continental United States head24 quarters structures that was announced by the

25 Secretary on January 4, 1995.
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1 SEC. 305. POWERS.

2 (a) HEARINGS.—The Commission may, for

3 the purpose of carrying out this section, con4 duct such hearings, sit and act at such times,

5 take such testimony, and receive such evi6 dence, as the Commission considers appro7 priate.

8 (b) ASSISTANCE FROM OTHER AGENCIES.—

9 The Commission may secure directly from any

10 department or agency of the Federal Govern11 ment such information, relevant to its duties

12 under this title, as may be necessary to carry

13 out such duties. Upon request of the chairman

14 of the Commission, the head of the department

15 or agency shall, to the extent permitted by law,

16 furnish such information to the Commission.

17 (c) MAIL.—The Commission may use the

18 United States mails in the same manner and

19 under the same conditions as the departments

20 and agencies of the Federal Government.

21 (d) ASSISTANCE FROM SECRETARY OF DE22 FENSE.—The Secretary of Defense shall provide

23 to the Commission such reasonable adminis24 trative and support services as the Commis25 sion may request.
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1 SEC. 306. COMMISSION PROCEDURES.

2 (a) MEETINGS.—The Commission shall meet

3 on a regular basis (as determined by the chair4 man) and at the call of the chairman or a ma5 jority of its members.

6 (b) QUORUM.—A majority of the members of

7 the Commission shall constitute a quorum for

8 the transaction of business.

9 SEC. 307. PERSONNEL MATTERS.

10 (a) COMPENSATION.—Each member of the

11 Commission shall serve without compensation,

12 but shall be allowed travel expenses including

13 per diem in lieu of subsistence, as authorized

14 by section 5703 of title 5, United States Code,

15 when engaged in the performance of Commis16 sion duties.

17 (b) STAFF.—The Commission shall appoint

18 a staff director, who shall be paid at a rate not

19 to exceed the maximum rate of basic pay under

20 section 5376 of title 5, United States Code, and

21 such professional and clerical personnel as

22 may be reasonable and necessary to enable the

23 Commission to carry out its duties under this

24 title without regard to the provisions of title

25 5, United States Code, governing appointments

26 in the competitive service, and without regard
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1 to the provisions of chapter 51 and subchapter

2 III of chapter 53 of such title, or any other pro3 vision of law, relating to the number, classi4 fication, and General Schedule rates. No em5 ployee appointed under this subsection (other

6 than the staff director) may be compensated at

7 a rate to exceed the maximum rate applicable

8 to level 15 of the General Schedule.

9 (c) DETAILED PERSONNEL.—Upon request of

10 the chairman of the Commission, the head of

11 any department or agency of the Federal Gov12 ernment is authorized to detail, without reim13 bursement, any personnel of such department

14 or agency to the Commission to assist the Com15 mission in carrying out its duties under this

16 section. The detail of any such personnel may

17 not result in the interruption or loss of civil

18 service status or privilege of such personnel.

19 SEC. 308. TERMINATION OF THE COMMISSION.

20 The Commission shall terminate upon sub21 mission of the final report required by section

22 303.

23 SEC. 309. FUNDING.

24 Of the funds available to the Department

25 of Defense, $1,500,000 shall be made available
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1 to the Commission to carry out the provisions

2 of this title.

3 TITLE IV—COMMAND OF UNITED

4 STATES FORCES

5 SEC. 401. LIMITATION ON EXPENDITURE OF DEPARTMENT

6 OF DEFENSE FUNDS FOR UNITED STATES

7 FORCES PLACED UNDER UNITED NATIONS

8 COMMAND OR CONTROL.

9 (a) IN GENERAL.—(1) Chapter 20 of title 10,

10 United States Code, is amended by inserting

11 after section 404 the following new section:

12 ‘‘§ 405. Placement of United States forces under Unit13 ed Nations command or control: limita14 tion

15 ‘‘(a) LIMITATION.—(1) Except as provided in

16 subsections (b) and (c), funds appropriated or

17 otherwise made available for the Department

18 of Defense may not be obligated or expended

19 for activities of any element of the armed

20 forces that after the date of the enactment of

21 this section is placed under United Nations

22 command or control.

23 ‘‘(2) In this section, the term ‘under United

24 Nations command or control’ means under the

25 command or operational control of an individ-
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1 ual acting on behalf of the United Nations for

2 the purpose of international peacekeeping,

3 peacemaking, peace-enforcing, or similar ac4 tivity that is authorized by the Security Coun5 cil under chapter VI or VII of the Charter of

6 the United Nations if the senior military com7 mander of the United Nations force or oper8 ation—

9 ‘‘(A) is a foreign national or is a citi10 zen of the United States who is not a Unit11 ed States military officer serving on active

12 duty; or

13 ‘‘(B) is a United States military officer

14 serving on active duty in a case in

15 which—

16 ‘‘(i) elements of the armed forces

17 of the United States assigned or de18 tailed to that force or operation are

19 under the command or operational

20 control of a foreign national; and

21 ‘‘(ii) that senior military com22 mander does not have the authority to

23 dismiss any subordinate officer in the

24 chain of command (regardless of na25 tionality) who is exercising command
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1 or operational control over United

2 States forces, to establish rules of en3 gagement for United States forces in4 volved, and to establish criteria gov5 erning the operational employment of

6 United States forces involved.

7 ‘‘(b) EXCEPTION FOR PRESIDENTIAL CERTIFI8 CATION.—(1) Subsection (a) shall not apply in

9 the case of a proposed placement of any ele10 ment of the armed forces under United Na11 tions command or control if the President, not

12 less than 15 days before the date on which

13 such United Nations command or control is to

14 become effective (or as provided in paragraph

15 (2)), meets the requirements of subsection (d).

16 ‘‘(2) If the President certifies to Congress

17 that an emergency exists that precludes the

18 President from meeting the requirements of

19 subsection (d) 15 days before placing any ele20 ment of the armed forces under United Na21 tions command or control, the President may

22 place such forces under such command or con23 trol and meet the requirements of subsection

24 (d) in a timely manner, but in no event later
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1 than 48 hours after such command or control

2 becomes effective.

3 ‘‘(c) EXCEPTION FOR AUTHORIZATION BY

4 LAW.—Subsection (a) shall not apply in the

5 case of a proposed placement of any element

6 of the armed forces under United Nations com7 mand or control if the Congress specifically

8 authorizes by law that particular placement of

9 United States forces under United Nations

10 command or control.

11 ‘‘(d) PRESIDENTIAL CERTIFICATIONS.—The

12 requirements referred to in subsection (b)(1)

13 are that the President submit to Congress the

14 following:

15 ‘‘(1) Certification by the President

16 that—

17 ‘‘(A) such a United Nations com18 mand or control arrangement is nec19 essary to protect national security in20 terests of the United States;

21 ‘‘(B) the commander of any unit of

22 the armed forces proposed for place23 ment under United Nations command

24 or control will at all times retain the

25 right—
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1 ‘‘(i) to report independently to

2 superior United States military

3 authorities; and

4 ‘‘(ii) to decline to comply with

5 orders judged by the commander

6 to be illegal, militarily imprudent,

7 or beyond the mandate of the mis8 sion to which the United States

9 agreed with the United Nations,

10 until such time as that com11 mander receives direction from su12 perior United States military au13 thorities with respect to the orders

14 that the commander has declined

15 to comply with;

16 ‘‘(C) any element of the armed

17 forces proposed for placement under

18 United Nations command or control

19 will at all times remain under United

20 States administrative command for

21 such purposes as discipline and eval22 uation; and

23 ‘‘(D) the United States will retain

24 the authority to withdraw any element

25 of the armed forces from the proposed
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1 operation at any time and to take any

2 action it considers necessary to pro3 tect those forces if they are engaged.

4 ‘‘(2) A report setting forth the follow5 ing:

6 ‘‘(A) A description of the national

7 security interests that require the

8 placement of United States forces

9 under United Nations command or

10 control.

11 ‘‘(B) The mission of the United

12 States forces involved.

13 ‘‘(C) The expected size and com14 position of the United States forces in15 volved.

16 ‘‘(D) The incremental cost to the

17 United States of participation in the

18 United Nations operation by the Unit19 ed States forces which are proposed to

20 be placed under United Nations com21 mand or control.

22 ‘‘(E) The precise command and

23 control relationship between the Unit24 ed States forces involved and the Unit25 ed Nations command structure.
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1 ‘‘(F) The precise command and

2 control relationship between the Unit3 ed States forces involved and the com4 mander of the United States unified

5 command for the region in which

6 those United States forces are to oper7 ate.

8 ‘‘(G) The extent to which the Unit9 ed States forces involved will rely on

10 non-United States forces for security

11 and self-defense and an assessment on

12 the ability of those non-United States

13 forces to provide adequate security to

14 the United States forces involved.

15 ‘‘(H) The timetable for complete

16 withdrawal of the United States forces

17 involved.

18 ‘‘(e) CLASSIFICATION OF REPORT.—A report

19 under subsection (c) shall be submitted in un20 classified form and, if necessary, in classified

21 form.

22 ‘‘(f) EXCEPTION FOR SMALL FORCES.—This

23 section does not apply in a case in which fewer

24 than 50 members of the armed forces are par-
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1 ticipating in a particular United Nations op2 eration or activity.

3 ‘‘(g) INTERPRETATION.—Nothing in this sec4 tion may be construed—

5 ‘‘(1) as authority for the President to

6 use any element of the armed forces in

7 any operation; or

8 ‘‘(2) as authority for the President to

9 place any element of the armed forces

10 under the command or operational con11 trol of a foreign national.’’.

12 (2) The table of sections at the beginning

13 of subchapter I of such chapter is amended by

14 adding at the end the following new item:

‘‘405. Placement of United States forces under United Nations

command or control: limitation.’’.

15 (b) REPORT RELATING TO CONSTITUTIONAL16 ITY.—No certification may be submitted by the

17 President under section 405(d)(1) of title 10,

18 United States Code, as added by subsection (a),

19 until the President has submitted to the Con20 gress (after the date of the enactment of this

21 Act) a memorandum of legal points and au22 thorities explaining why the placement of ele23 ments of United States Armed Forces under the

24 command or operational control of a foreign
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1 national acting on behalf of the United Na2 tions does not violate the Constitution.

3 (c) EXCEPTION FOR ONGOING OPERATIONS IN

4 MACEDONIA AND CROATIA.—Section 405 of title

5 10, United States Code, as added by subsection

6 (a), does not apply in the case of activities of

7 the Armed Forces in Macedonia authorized

8 pursuant to United Nations Security Council

9 Resolution 795, adopted December 11, 1992,

10 and subsequent reauthorization Resolutions,

11 and in the case of activities of the Armed

12 Forces in Croatia authorized pursuant to

13 United Nations Security Council Resolution

14 743, adopted February 21, 1992, and subse15 quent reauthorization Resolutions, as part of

16 the United Nations force designated as the

17 United Nations Protection Force

18 (UNPROFOR).

19 SEC. 402. LIMITATION ON PLACEMENT OF UNITED STATES

20 ARMED FORCES UNDER FOREIGN CONTROL

21 FOR A UNITED NATIONS PEACEKEEPING AC22 TIVITY.

23 (a) IN GENERAL.—Section 6 of the United

24 Nations Participation Act of 1945 (22 U.S.C.

25 287d) is amended to read as follows:
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1 ‘‘SEC. 6. (a) AGREEMENTS WITH SECURITY

2 COUNCIL.—(1) Any special agreement described

3 in paragraph (2) that is concluded by the

4 President with the Security Council shall not

5 be effective unless approved by the Congress by

6 law.

7 ‘‘(2) An agreement referred to in para8 graph (1) is an agreement providing for the

9 numbers and types of United States Armed

10 Forces, their degree of readiness and general

11 locations, or the nature of facilities and assist12 ance, including rights of passage, to be made

13 available to the Security Council for the pur14 pose of maintaining international peace and

15 security in accordance with Article 43 of the

16 Charter of the United Nations.

17 ‘‘(b) LIMITATION.—(1) Except as provided in

18 subsections (c) and (d), the President may not

19 place any element of the Armed Forces under

20 the command or operational control of a for21 eign national acting on behalf of the United

22 Nations for the purpose of international

23 peacekeeping, peacemaking, peace-enforcing,

24 or similar activity that is authorized by the
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1 Secretary Council under chapter VI or VII of

2 the Charter of the United Nations.

3 ‘‘(2) For purposes of this section, elements

4 of the Armed Forces shall be considered to be

5 placed under the command or operational

6 control of a foreign national acting on behalf

7 of the United Nations only in a case in which

8 the senior military commander of the United

9 Nations force or operation is a foreign na10 tional.

11 ‘‘(c) EXCEPTION FOR PRESIDENTIAL CERTIFI12 CATION.—(1) Subsection (b) shall not apply in

13 the case of a proposed placement of any ele14 ment of the Armed Forces under such com15 mand or operational control if the President,

16 not less than 15 days before the date on which

17 such command or operational control is to be18 come effective (or as provided in paragraph

19 (2)), meets the requirements of subsection (e).

20 ‘‘(2) If the President certifies to Congress

21 that an emergency exists that precludes the

22 President from meeting the requirements of

23 subsection (e) 15 days before placing any ele24 ment of the Armed Forces under such com25 mand or operational control, the President
187

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1 may place such forces under such command or

2 operational control and meet the requirements

3 of subsection (e) in a timely manner, but in no

4 event later than 48 hours after such command

5 or operational control becomes effective.

6 ‘‘(d) EXCEPTION FOR AUTHORIZATION BY

7 LAW.—Subsection (b) shall not apply in the

8 case of a proposed placement of any element

9 of the Armed Forces under such command or

10 operational control if the Congress specifically

11 authorizes by law that particular placement of

12 United States forces under such command or

13 operational control.

14 ‘‘(e) PRESIDENTIAL CERTIFICATIONS.—The

15 requirements referred to in subsection (c)(1)

16 are that the President submit to Congress the

17 following:

18 ‘‘(1) Certification by the President

19 that—

20 ‘‘(A) such a command or oper21 ational control arrangement is nec22 essary to protect national security in23 terests of the United States;

24 ‘‘(B) the commander of any unit of

25 the Armed Forces proposed for place-
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1 ment under the command or oper2 ational control of a foreign national

3 acting directly on behalf of the United

4 Nations will at all times retain the

5 right—

6 ‘‘(i) to report independently to

7 superior United States military

8 authorities; and

9 ‘‘(ii) to decline to comply with

10 orders judged by the commander

11 to be illegal, militarily imprudent,

12 or beyond the mandate of the mis13 sion to which the United States

14 agreed with the United Nations,

15 until such time as that com16 mander receives direction from su17 perior United States military au18 thorities with respect to the orders

19 that the commander has declined

20 to comply with;

21 ‘‘(C) any element of the Armed

22 Forces proposed for placement under

23 the command or operational control

24 of a foreign national acting directly

25 on behalf of the United Nations will
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1 at all times remain under United

2 States administrative command for

3 such purposes as discipline and eval4 uation; and

5 ‘‘(D) the United States will retain

6 the authority to withdraw any element

7 of the Armed Forces from the proposed

8 operation at any time and to take any

9 action it considers necessary to pro10 tect those forces if they are engaged.

11 ‘‘(2) A report setting forth the follow12 ing:

13 ‘‘(A) A description of the national

14 security interests that require the

15 placement of United States forces

16 under the command or operational

17 control of a foreign national acting

18 directly on behalf of the United Na19 tions.

20 ‘‘(B) The mission of the United

21 States forces involved.

22 ‘‘(C) The expected size and com23 position of the United States forces in24 volved.
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1 ‘‘(D) The incremental cost to the

2 United States of participation in the

3 United Nations operation by the Unit4 ed States forces which are proposed to

5 be placed under the command or oper6 ational control of a foreign national.

7 ‘‘(E) The precise command and

8 control relationship between the Unit9 ed States forces involved and the Unit10 ed Nations command structure.

11 ‘‘(F) The precise command and

12 control relationship between the Unit13 ed States forces involved and the com14 mander of the United States unified

15 command for the region in which

16 those United States forces are to oper17 ate.

18 ‘‘(G) The extent to which the Unit19 ed States forces involved will rely on

20 non-United States forces for security

21 and self-defense and an assessment on

22 the ability of those non23 United States forces to provide ade24 quate security to the United States

25 forces involved.
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1 ‘‘(H) The timetable for complete

2 withdrawal of the United States forces

3 involved.

4 ‘‘(f) CLASSIFICATION OF REPORT.—A report

5 under subsection (e) shall be submitted in un6 classified form and, if necessary, in classified

7 form.

8 ‘‘(g) EXCEPTION FOR SMALL FORCES.—This

9 section does not apply in a case in which fewer

10 than 50 members of the Armed Forces are par11 ticipating in a particular United Nations op12 eration or activity.

13 ‘‘(h) INTERPRETATION.—Except as author14 ized in section 7 of this Act, nothing contained

15 in this Act shall be construed as an authoriza16 tion to the President by the Congress to make

17 available to the Security Council United

18 States Armed Forces, facilities, or assistance.’’.

19 (b) REPORT RELATING TO CONSTITUTIONAL20 ITY.—No certification may be submitted by the

21 President under section 6(e)(1) of the United

22 Nations Participation Act of 1945, as amended

23 by subsection (a), until the President has sub24 mitted to the Congress (after the date of the en25 actment of this Act) a memorandum of legal
192

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1 points and authorities explaining why the

2 placement of elements of United States Armed

3 Forces under the command or operational con4 trol of a foreign national acting on behalf of

5 the United Nations does not violate the Con6 stitution.

7 (c) EXCEPTION FOR ONGOING OPERATION IN

8 MACEDONIA.—Section 6 of the United Nations

9 Participation Act of 1945, as amended by sub10 section (a), does not apply in the case of activi11 ties of the Armed Forces in Macedonia pursu12 ant to United Nations Security Council Resolu13 tions 795, adopted December 11, 1992, and 842,

14 adopted June 18, 1993, as part of the United

15 Nations force designated as the United Na16 tions Protection Force (UNPROFOR).

17 TITLE V—UNITED NATIONS

18 SEC. 501. CREDIT AGAINST ASSESSMENT FOR UNITED

19 STATES EXPENDITURES IN SUPPORT OF

20 UNITED NATIONS PEACEKEEPING OPER21 ATIONS.

22 (a) IN GENERAL.—The United Nations Par23 ticipation Act of 1945 (22 U.S.C. 287 et seq.) is

24 amended by adding at the end the following

25 new section:
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1 ‘‘SEC. 10. (a) CREDIT AGAINST ASSESSMENT

2 FOR EXPENDITURES IN SUPPORT OF PEACEKEEP3 ING OPERATIONS.—

4 ‘‘(1) LIMITATION.—Funds may be obli5 gated for payment to the United Nations

6 of the United States assessed share of

7 peacekeeping operations for a fiscal year

8 only to the extent that—

9 ‘‘(A) the amount of such assessed

10 share exceeds—

11 ‘‘(B) the amount equal to—

12 ‘‘(i) the total amount identi13 fied in the report submitted pursu14 ant to paragraph (2) for the pre15 ceding fiscal year, reduced by

16 ‘‘(ii) the amount of any reim17 bursement or credit to the United

18 States by the United Nations for

19 the costs of United States support

20 for, or participation in, United

21 Nations peacekeeping activities

22 for that preceding fiscal year.

23 ‘‘(2) ANNUAL REPORT.—The President

24 shall, at the time of submission of the

25 budget to the Congress for any fiscal year,
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1 submit to the designated congressional

2 committees a report on the total amount

3 of funds appropriated for national de4 fense purposes for any fiscal year that

5 were expended during the preceding fiscal

6 year to support or participate in, directly

7 or indirectly, United Nations peacekeep8 ing activities. Such report shall include a

9 separate listing by United Nations peace10 keeping operation of the amount of funds

11 expended to support or participate in

12 each such operation.

13 ‘‘(3) DEFINITIONS.—For purposes of this

14 subsection:

15 ‘‘(A) UNITED NATIONS PEACEKEEPING

16 ACTIVITIES.—The term ‘United Nations

17 peacekeeping activities’ means any

18 international peacekeeping, peace19 making, peace-enforcing, or similar

20 activity that is authorized by the Unit21 ed Nations Security Council under

22 chapter VI or VII of the Charter of the

23 United Nations.

24 ‘‘(B) DESIGNATED CONGRESSIONAL

25 COMMITTEES.—The term ‘designated
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1 congressional committees’ includes

2 the Committee on National Security of

3 the House of Representatives and the

4 Committee on Armed Services of the

5 Senate.’’.

6 (b) EFFECTIVE DATE.—The limitation con7 tained in section 10(a)(1) of the United Na8 tions Participation Act of 1945, as added by

9 subsection (a), shall apply only with respect to

10 United Nations assessments for peacekeeping

11 operations after fiscal year 1995.

12 SEC. 502. CODIFICATION OF REQUIRED NOTICE TO CON13 GRESS OF PROPOSED UNITED NATIONS

14 PEACEKEEPING ACTIVITIES.

15 (a) REQUIRED NOTICE.—Section 4 of the

16 United Nations Participation Act of 1945 (22

17 U.S.C. 287b) is amended—

18 (1) by striking the second sentence of

19 subsection (a);

20 (2) by redesignating subsection (e) as

21 subsection (f); and

22 (3) by inserting after subsection (d) a

23 new subsection (e) consisting of the text of

24 subsection (a) of section 407 of the For25 eign Relations Authorization Act, Fiscal
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1 Years 1994 and 1995 (Public Law 103-236),

2 revised—

3 (A) in paragraph (2)—

4 (i) in the matter preceding

5 subparagraph (A), by inserting ‘‘in

6 written form not later than the

7 10th day of’’ after ‘‘shall be pro8 vided’’;

9 (ii) in subparagraph (A)(iv),

10 by inserting ‘‘(including facilities,

11 training, transportation, commu12 nication, intelligence, and

13 logistical support)’’ after ‘‘covered

14 by the resolution’’; and

15 (iii) in subparagraph (B), by

16 adding at the end the following

17 new clause:

18 ‘‘(iv) A description of any

19 other United States assistance to

20 or support for the operation (in21 cluding facilities, training, trans22 portation, communication, intel23 ligence, and logistical support),

24 and an estimate of the cost to the
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1 United States of such assistance

2 or support.’’;

3 (B) by striking paragraph (3);

4 (C) by redesignating paragraph

5 (4) as paragraph (3) and in the last

6 sentence of that paragraph by strik7 ing ‘‘and (ii)’’ and inserting ‘‘through

8 (iv)’’;

9 (D) by inserting after paragraph

10 (3) (as so redesignated) the following

11 new paragraph:

12 ‘‘(4) NEW UNITED NATIONS PEACEKEEP13 ING OPERATION DEFINED.—As used in para14 graphs (2) (B) and (3), the term ‘new Unit15 ed Nations peacekeeping operation’ in16 cludes any existing or otherwise ongoing

17 United Nations peacekeeping operation—

18 ‘‘(A) that is to be expanded by

19 more than 25 percent during the pe20 riod covered by the Security Council

21 resolution, as measured by either the

22 number of personnel participating (or

23 authorized to participate) in the oper24 ation or the budget of the operation;

25 or
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1 ‘‘(B) that is to be authorized to op2 erate in a country in which it was not

3 previously authorized to operate.’’;

4 and

5 (E) in paragraph (5)—

6 (i) by striking ‘‘(5) NOTIFICA7 TION’’ and all that follows through

8 ‘‘(B) The President’’ and inserting

9 ‘‘(5) QUARTERLY REPORTS.—The

10 President’’; and

11 (ii) by striking ‘‘section 4(d)’’

12 and all that follows through ‘‘of

13 this section)’’ and inserting ‘‘sub14 section (d)’’.

15 (b) CONFORMING REPEAL.—Subsection (a) of

16 section 407 of the Foreign Relations Authoriza17 tion Act, Fiscal Years 1994 and 1995 (Public

18 Law 103–236), is repealed.

19 (c) DESIGNATED CONGRESSIONAL COMMIT20 TEES.—Subsection (f) of section 4 of the United

21 Nations Participation Act of 1945 (22 U.S.C.

22 287b(f)), as redesignated by subsection (a), is

23 amended to read as follows:

24 ‘‘(f) DESIGNATED CONGRESSIONAL COMMIT25 TEES.—As used in this section, the term ‘‘des-
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1 ignated congressional committees’’ has the

2 meaning given such term in section 10(f).’’.

3 SEC. 503. NOTICE TO CONGRESS REGARDING UNITED

4 STATES CONTRIBUTIONS FOR UNITED NA5 TIONS PEACEKEEPING ACTIVITIES.

6 Section 10 of the United Nations Partici7 pation Act of 1945 is amended by adding after

8 subsection (a), as added by section 501, the fol9 lowing new subsection:

10 ‘‘(b) NOTICE TO CONGRESS REGARDING CON11 TRIBUTIONS FOR PEACEKEEPING ACTIVITIES.—

12 ‘‘(1) NOTICE REGARDING UNITED NATIONS

13 BILLING REQUEST.—Not later than 15 days

14 after the date on which the United States

15 receives from the United Nations a billing

16 requesting a payment by the United States

17 of any contribution for United Nations

18 peacekeeping activities, the President

19 shall so notify the designated congres20 sional committees.

21 ‘‘(2) NOTICE REGARDING PROPOSED OBLI22 GATION OF FUNDS.—The President shall no23 tify the designated congressional commit24 tees at least 15 days before the United

25 States obligates funds for any assessed or
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1 voluntary contribution for United Nations

2 peacekeeping activities, except that if the

3 President determines that an emergency

4 exists which prevents compliance with the

5 requirement that such notification be pro6 vided 15 days in advance and that such

7 contribution is in the national security in8 terests of the United States, such notifica9 tion shall be provided in a timely manner

10 but no later than 48 hours after such obli11 gation.’’.

12 SEC. 504. REVISED NOTICE TO CONGRESS REGARDING

13 UNITED STATES ASSISTANCE FOR UNITED

14 NATIONS PEACEKEEPING ACTIVITIES.

15 Section 7 of the United Nations Participa16 tion Act of 1945 (22 U.S.C. 287d–1) is amend17 ed—

18 (1) in subsection (a), by inserting

19 ‘‘other than subsection (e)(1)’’ after ‘‘any

20 other law’’; and

21 (2) by adding at the end the following

22 new subsection:

23 ‘‘(e)(1) Except as provided in paragraphs

24 (2) and (3), at least 15 days before any agency

25 or entity of the United States Government
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1 makes available to the United Nations any as2 sistance or facility to support or facilitate

3 United Nations peacekeeping activities, the

4 President shall so notify the designated con5 gressional committees.

6 ‘‘(2) Paragraph (1) does not apply to—

7 ‘‘(A) assistance having a value of less

8 than $1,000,000 in the case of

9 nonreimbursable assistance or less than

10 $5,000,000 in the case of reimbursable as11 sistance; or

12 ‘‘(B) assistance provided under the

13 emergency drawdown authority contained

14 in sections 506(a)(1) and 552(c)(2) of the

15 Foreign Assistance Act of 1961 (22 U.S.C.

16 2318(a)(1), 2348a(c)(2)).

17 ‘‘(3) If the President determines that an

18 emergency exists which prevents compliance

19 with the requirement in paragraph (1) that

20 notification be provided 15 days in advance

21 and that the contribution of any such assist22 ance or facility is in the national security in23 terests of the United States, such notification

24 shall be provided in a timely manner but not
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1 later than 48 hours after such assistance or fa2 cility is made available to the United Nations.

3 ‘‘(4) For purposes of this subsection, the

4 term ‘assistance’—

5 ‘‘(A) means assistance of any kind, in6 cluding logistical support, supplies,

7 goods, or services (including command,

8 control, communications or intelligence

9 assistance and training), and the grant of

10 rights of passage; and

11 ‘‘(B) includes assistance provided

12 through in-kind contributions or through

13 the provision of support, supplies, goods,

14 or services on any terms, including on a

15 grant, lease, loan, or reimbursable basis;

16 but

17 ‘‘(C) does not include the payment of

18 assessed or voluntary contributions.’’.

19 SEC. 505. UNITED STATES CONTRIBUTIONS TO UNITED NA20 TIONS PEACEKEEPING ACTIVITIES.

21 Section 4(d)(1) of the United Nations Par22 ticipation Act of 1945 (22 U.S.C. 287b(d)(1)) is

23 amended—

24 (1) by redesignating subparagraph

25 (D) as subparagraph (E); and
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1 (2) by inserting after subparagraph

2 (C) the following new subparagraph:

3 ‘‘(D) A description of the antici4 pated budget for the next fiscal year

5 for United States participation in

6 United Nations peacekeeping activi7 ties, including a statement of—

8 ‘‘(i) the aggregate amount of

9 funds available to the United Na10 tions for that fiscal year, includ11 ing assessed and voluntary con12 tributions, which may be made

13 available for United Nations

14 peacekeeping activities; and

15 ‘‘(ii) the aggregate amount of

16 funds (from all accounts) and the

17 aggregate costs of in-kind con18 tributions that the United States

19 proposes to make available to the

20 United Nations for that fiscal year

21 for United Nations peacekeeping

22 activities.’’.
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1 SEC. 506. REIMBURSEMENT TO THE UNITED STATES FOR

2 IN-KIND CONTRIBUTIONS TO UNITED NA3 TIONS PEACEKEEPING ACTIVITIES.

4 (a) IN GENERAL.—Section 7 of the United

5 Nations Participation Act of 1945 (22 U.S.C.

6 287d–1), as amended by section 504, is further

7 amended—

8 (1) in subsection (b)—

9 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’;

10 (B) by striking ‘‘United States:

11 Provided,’’ through ‘‘Provided further,

12 That when’’ and inserting ‘‘United

13 States. When’’; and

14 (C) by adding at the end the fol15 lowing:

16 ‘‘(2) The Secretary of Defense may waive

17 the requirement for reimbursement under

18 paragraph (1) if the Secretary, after consulta19 tion with the Secretary of State and the Direc20 tor of the Office of Management and Budget,

21 determines that an emergency exists which

22 justifies waiver of that requirement. Any such

23 waiver shall be submitted to the designated

24 congressional committees, as defined in sec25 tion 10(a)(3)(B), at least 15 days before it takes

26 effect, except that if the President determines
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1 that an emergency exists which prevents com2 pliance with the requirement that the notifica3 tion be provided 15 days in advance and that

4 the provision under subsection (a)(1) or (a)(2)

5 of personnel or assistance on a

6 nonreimbursable basis is in the national secu7 rity interests of the United States, such notifi8 cation shall be provided in a timely manner

9 but no later than 48 hours after such waiver

10 takes effect.’’; and

11 (2) by adding at the end the following

12 new subsection:

13 ‘‘(f) The Secretary of State shall ensure

14 that goods and services provided on a reim15 bursable basis by the Department of Defense to

16 the United Nations for United Nations peace17 keeping operations under this section or any

18 other provision of law are reimbursed at the

19 appropriate value, as determined by the Sec20 retary of Defense.’’.

21 (b) INITIAL REPORT.—

22 (1) IN GENERAL.—Not later than one

23 year after the date of the enactment of

24 this Act, the Representative of the United

25 States to the United Nations shall submit
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1 to the designated congressional commit2 tees a report on all actions taken by the

3 United States mission to the United Na4 tions to achieve the objective described in

5 section 7(f) of the United Nations Partici6 pation Act of 1945, as added by subsection

7 (a)(2).

8 (2) DESIGNATED CONGRESSIONAL COM9 MITTEES DEFINED.—As used in this sub10 section, the term ‘‘designated congres11 sional committees’’ has the meaning given

12 such term in section 10(a)(3)(B) of the

13 United Nations Participation Act of 1945,

14 as added by section 501.

15 SEC. 507. PROHIBITION ON USE OF FUNDS TO PAY UNITED

16 STATES ASSESSED OR VOLUNTARY CON17 TRIBUTION FOR UNITED NATIONS PEACE18 KEEPING ACTIVITIES UNLESS DEPARTMENT

19 OF DEFENSE REIMBURSED BY UNITED NA20 TIONS FOR CERTAIN GOODS AND SERVICES.

21 (a) IN GENERAL.—Section 10 of the United

22 Nations Participation Act of 1945 is amended

23 by adding after subsection (b), as added by sec24 tion 503, the following new subsection:
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1 ‘‘(c) PROHIBITION ON USE OF FUNDS TO PAY

2 ASSESSED OR VOLUNTARY CONTRIBUTIONS FOR

3 PEACEKEEPING ACTIVITIES UNLESS DEPARTMENT

4 OF DEFENSE REIMBURSED FOR CERTAIN GOODS

5 AND SERVICES.—Appropriated funds may not be

6 used to pay any United States assessed or vol7 untary contribution during any fiscal year for

8 United Nations peacekeeping activities until

9 the Secretary of Defense certifies to the Con10 gress that the United Nations has reimbursed

11 the Department of Defense directly for all

12 goods and services that were provided to the

13 United Nations by the Department of Defense

14 on a reimbursable basis during the preceding

15 fiscal year for United Nations peacekeeping

16 activities, including personnel and assistance

17 provided under section 7 (except to the extent

18 that the authority of subsection (b)(2) of such

19 section to waive the reimbursement require20 ment was exercised with respect to such per21 sonnel or assistance).’’.

22 (b) EFFECTIVE DATE.—The prohibition con23 tained in section 10(c) of the United Nations

24 Participation Act of 1945, as added by sub-
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1 section (a), shall apply only with respect to fis2 cal years after fiscal year 1995.

3 SEC. 508. LIMITATION ON USE OF DEPARTMENT OF DE4 FENSE FUNDS FOR UNITED STATES SHARE

5 OF COSTS OF UNITED NATIONS PEACEKEEP6 ING ACTIVITIES.

7 (a) IN GENERAL.—(1) Chapter 20 of title 10,

8 United States Code, is amended by inserting

9 after section 405, as added by section 401 of

10 this Act, the following new section:

11 ‘‘§ 406. Use of Department of Defense funds for United

12 States share of costs of United Nations

13 peacekeeping activities: limitation

14 ‘‘(a) PROHIBITION ON USE OF FUNDS FOR

15 PAYMENT OF ASSESSMENTS AND VOLUNTARY CON16 TRIBUTIONS.—(1) Funds available to the De17 partment of Defense may not be used to make

18 a financial contribution (directly or through

19 another department or agency of the United

20 States) to the United Nations—

21 ‘‘(A) for the costs of a United Nations

22 peacekeeping activity; or

23 ‘‘(B) for any United States arrearage

24 to the United Nations.
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1 ‘‘(2) The prohibition in paragraph (1)(A)

2 applies to voluntary contributions, as well as

3 to contributions pursuant to assessment by the

4 United Nations for the United States share of

5 the costs of a peacekeeping activity.

6 ‘‘(b) LIMITATION ON USE OF FUNDS FOR PAR7 TICIPATION IN UNITED NATIONS PEACEKEEPING

8 ACTIVITIES.—Funds available to the Depart9 ment of Defense may be used for payment of the

10 incremental costs associated with the partici11 pation of elements of the armed forces in a

12 United Nations peacekeeping activity only to

13 the extent that Congress has by law specifi14 cally authorized the use of those funds for that

15 purpose.

16 ‘‘(c) COVERED PEACEKEEPING ACTIVITIES.—

17 In this section, the term ‘United Nations peace18 keeping activity’ means a peacekeeping activ19 ity carried out pursuant to a resolution of the

20 United Nations Security Council for which

21 costs are met (in whole or in part) through as22 sessments by the United Nations to its member

23 nations.’’.
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1 (2) The table of sections at the beginning

2 of such chapter is amended by adding at the

3 end the following new item:

‘‘406. Use of Department of Defense funds for United States share

of costs of United Nations peacekeeping activities:

limitation.’’.

4 (b) EFFECTIVE DATE.—Section 406 of title

5 10, United States Code, as added by subsection

6 (a), shall take effect on October 1, 1995.

7 SEC. 509. CODIFICATION OF LIMITATION ON AMOUNT OF

8 UNITED STATES ASSESSED CONTRIBUTIONS

9 FOR UNITED NATIONS PEACEKEEPING OPER10 ATIONS.

11 (a) IN GENERAL.—Section 10 of the United

12 Nations Participation Act of 1945 is amended

13 by adding after subsection (c), as added by sec14 tion 507, the following new subsection:

15 ‘‘(d) LIMITATION ON ASSESSED CONTRIBU16 TION WITH RESPECT TO A PEACEKEEPING OPER17 ATION.—Funds authorized to be appropriated

18 for ‘Contributions for International Peace19 keeping Activities’ for any fiscal year shall not

20 be available for the payment of the United

21 States assessed contribution for a United Na22 tions peacekeeping operation in an amount

23 which is greater than 25 percent of the total
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1 amount of all assessed contributions for that

2 operation.’’.

3 (b) EFFECTIVE DATE.—The limitation con4 tained in section 10(d) of the United Nations

5 Participation Act of 1945, as added by sub6 section (a), shall apply only with respect to

7 funds authorized to be appropriated for ‘‘Con8 tributions for International Peacekeeping Ac9 tivities’’ for fiscal years after fiscal year 1995.

10 (c) CONFORMING AMENDMENT.—Section

11 404(b) of the Foreign Relations Authorization

12 Act, Fiscal Years 1994 and 1995 (Public Law

13 103–236) is amended by striking paragraph

14 (2).

15 SEC. 510. BUY AMERICAN REQUIREMENT.

16 Section 10 of the United Nations Partici17 pation Act of 1945 is amended by adding after

18 subsection (d), as added by section 509, the fol19 lowing new subsections:

20 ‘‘(e) BUY AMERICAN REQUIREMENT.—No

21 funds may be obligated or expended to pay any

22 United States assessed or voluntary contribu23 tion for United Nations peacekeeping activi24 ties unless the Secretary of State determines

25 and certifies to the designated congressional
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1 committees that United States manufacturers

2 and suppliers are being given opportunities to

3 provide equipment, services, and material for

4 such activities equal to those being given to

5 foreign manufacturers and suppliers.

6 ‘‘(f) DESIGNATED CONGRESSIONAL COMMIT7 TEES DEFINED.—As used in this section, the

8 term ‘designated congressional committees’

9 means—

10 ‘‘(1) the Committee on International

11 Relations and the Committee on Appro12 priations of the House of Representatives;

13 and

14 ‘‘(2) the Committee on Foreign Rela15 tions and the Committee on Appropria16 tions of the Senate.’’.

17 SEC. 511. UNITED NATIONS BUDGETARY AND MANAGEMENT

18 REFORM.

19 (a) IN GENERAL.—The United Nations Par20 ticipation Act of 1945 (22 U.S.C. 287 et seq.) is

21 further amended by adding at the end the fol22 lowing new section:

23 ‘‘SEC. 11. (a) WITHHOLDING OF CONTRIBU24 TIONS.—
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1 ‘‘(1) ASSESSED CONTRIBUTIONS FOR REG2 ULAR UNITED NATIONS BUDGET.—At the be3 ginning of each fiscal year, 20 percent of

4 the amount of funds made available for

5 that fiscal year for United States assessed

6 contributions for the regular United Na7 tions budget shall be withheld from obli8 gation and expenditure unless a certifi9 cation for that fiscal year has been made

10 under subsection (b).

11 ‘‘(2) ASSESSED CONTRIBUTIONS FOR

12 UNITED NATIONS PEACEKEEPING.—At the be13 ginning of each fiscal year, 50 percent of

14 the amount of funds made available for

15 that fiscal year for United States assessed

16 contributions for United Nations peace17 keeping activities shall be withheld from

18 obligation and expenditure unless a cer19 tification for that fiscal year has been

20 made under subsection (b).

21 ‘‘(3) VOLUNTARY CONTRIBUTIONS FOR

22 UNITED NATIONS PEACEKEEPING.—The Unit23 ed States may not during any fiscal year

24 pay any voluntary contribution to the

25 United Nations for international peace-
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1 keeping activities unless a certification

2 for that fiscal year has been made under

3 subsection (b).

4 ‘‘(b) CERTIFICATION.—The certification re5 ferred to in subsection (a) for any fiscal year

6 is a certification by the President to the Con7 gress, submitted on or after the beginning of

8 that fiscal year, of each of the following:

9 ‘‘(1) The United Nations has an inde10 pendent office of Inspector General to con11 duct and supervise objective audits, in12 spections, and investigations relating to

13 programs and operations of the United

14 Nations.

15 ‘‘(2) The United Nations has an In16 spector General who was appointed by the

17 Secretary General with the approval of

18 the General Assembly and whose appoint19 ment was made principally on the basis of

20 the appointee’s integrity and dem21 onstrated ability in accounting, auditing,

22 financial analysis, law, management

23 analysis, public administration, or inves24 tigation.
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1 ‘‘(3) The Inspector General is author2 ized to—

3 ‘‘(A) make investigations and re4 ports relating to the administration of

5 the programs and operations of the

6 United Nations;

7 ‘‘(B) have access to all records,

8 documents, and other available mate9 rials relating to those programs and

10 operations;

11 ‘‘(C) have direct and prompt ac12 cess to any official of the United Na13 tions; and

14 ‘‘(D) have access to all records

15 and officials of the specialized agen16 cies of the United Nations.

17 ‘‘(4) The United Nations has fully im18 plemented, and made available to all

19 member states, procedures that effectively

20 protect the identity of, and prevent repris21 als against, any staff member of the Unit22 ed Nations making a complaint or dis23 closing information to, or cooperating in

24 any investigation or inspection by, the

25 United Nations Inspector General.
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1 ‘‘(5) The United Nations has fully im2 plemented procedures that ensure compli3 ance with recommendations of the United

4 Nations Inspector General.

5 ‘‘(6) The United Nations has required

6 the United Nations Inspector General to

7 issue an annual report and has ensured

8 that the annual report and all other re9 ports of the Inspector General are made

10 available to the General Assembly without

11 modification.

12 ‘‘(7) The United Nations has provided,

13 and is committed to providing, sufficient

14 budgetary resources to ensure the effective

15 operation of the United Nations Inspector

16 General.’’.

17 (b) EFFECTIVE DATE.—Section 11 of the

18 United Nations Participation Act of 1945, as

19 added by subsection (a), shall apply only with

20 respect to fiscal years after fiscal year 1995.

21 SEC. 512. CONDITIONS ON PROVISION OF INTELLIGENCE

22 TO THE UNITED NATIONS.

23 (a) IN GENERAL.—The United Nations Par24 ticipation Act of 1945 (22 U.S.C. 287 et seq.) is
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1 further amended by adding at the end the fol2 lowing new section:

3 ‘‘SEC. 12. (a) CONDITIONS ON PROVISION OF

4 INTELLIGENCE TO THE UNITED NATIONS.—

5 ‘‘(1) REQUIREMENT FOR AGREEMENT.—

6 The United States may provide intel7 ligence to the United Nations only pursu8 ant to a written agreement between the

9 President and the Secretary General of

10 the United Nations.

11 ‘‘(2) CONTENT OF AGREEMENT.—Any

12 such agreement shall specify—

13 ‘‘(A) the types of intelligence to be

14 provided to the United Nations;

15 ‘‘(B) the circumstances under

16 which intelligence may be provided to

17 the United Nations; and

18 ‘‘(C) the procedures to be observed

19 by the United Nations—

20 ‘‘(i) concerning persons who

21 shall have access to the intel22 ligence provided; and

23 ‘‘(ii) to protect the intelligence

24 against disclosure not authorized

25 by the agreement.
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1 ‘‘(3) DURATION OF AGREEMENT.—Any

2 such agreement shall be effective for a pe3 riod not to exceed one year from the date

4 on which the agreement enters into force.

5 ‘‘(b) ADVANCE NOTIFICATION TO CONGRESS.—

6 An agreement described in subsection (a) shall

7 be effective only if the President has transmit8 ted the agreement to the Committee on Inter9 national Relations and the Permanent Select

10 Committee on Intelligence of the House of Rep11 resentatives and to the Committee on Foreign

12 Relations and the Select Committee on Intel13 ligence of the Senate not less than 30 days in

14 advance of the entry into force of the agree15 ment.

16 ‘‘(c) DELEGATION OF AUTHORITY.—The Presi17 dent may delegate the authority and assign

18 the duties of the President under this section

19 only to the Secretary of Defense or the Director

20 of Central Intelligence.

21 ‘‘(d) EXCEPTIONS.—Subsection (a) shall not

22 apply to the provision of intelligence—

23 ‘‘(1) that is provided only to, and for

24 the use of, United States Government per25 sonnel serving with the United Nations; or
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1 ‘‘(2) that is essential for the protection

2 of nationals of the United States, includ3 ing members of the United States Armed

4 Forces and civilian personnel of the Unit5 ed States Government.

6 ‘‘(e) RELATIONSHIP TO EXISTING LAW.—Noth7 ing in this section shall be construed to—

8 ‘‘(1) impair or otherwise affect the au9 thority of the Director of Central Intel10 ligence to protect intelligence sources and

11 methods from unauthorized disclosure

12 pursuant to section 103(c)(5) of the Na13 tional Security Act of 1947 (50 U.S.C. 403–

14 3(c)(5)); or

15 ‘‘(2) supersede or otherwise affect the

16 provisions of—

17 ‘‘(A) title V of the National Secu18 rity Act of 1947 (50 U.S.C. 413–415); or

19 ‘‘(B) section 112b of title 1, United

20 States Code.’’.

21 (b) EFFECTIVE DATE.—The amendment

22 made by subsection (a) shall take effect 60

23 days after the date of the enactment of this

24 Act.
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1 TITLE VI—REVITALIZATION AND

2 EXPANSION OF THE NORTH

3 ATLANTIC TREATY ORGANIZA4 TION

5 SEC. 601. SHORT TITLE.

6 This title may be cited as the ‘‘NATO Revi7 talization and Expansion Act of 1995’’.

8 SEC. 602. FINDINGS.

9 The Congress makes the following find10 ings:

11 (1) Since 1948, the North Atlantic

12 Treaty Organization (NATO) has helped

13 to guarantee the security, freedom, and

14 prosperity of the United States and its

15 partners in the alliance.

16 (2) NATO has expanded its member17 ship on three different occasions since its

18 founding in 1949.

19 (3) The steadfast and sustained com20 mitment of the member countries of NATO

21 to mutual defense against the threat of

22 communist domination played a signifi23 cant role in precipitating the collapse of

24 the Iron Curtain and the demise of the So25 viet Union.
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1 (4) In the place of that threat, new se2 curity threats are emerging to the shared

3 interests of the member countries of

4 NATO.

5 (5) Although these new threats are

6 more geographically and functionally di7 verse and less predictable, they still im8 peril shared interests of the United States

9 and its NATO allies.

10 (6) Western interests must be protected

11 on a cooperative basis without an undue

12 burden falling upon the United States.

13 (7) NATO is the only multilateral or14 ganization that is capable of conducting

15 effective military operations to protect

16 Western interests.

17 (8) The valuable experience gained

18 from ongoing military cooperation within

19 NATO was critical to the success of joint

20 military operations in the 1991 liberation

21 of Kuwait.

22 (9) NATO is an important diplomatic

23 forum for discussion of issues of concern

24 to its member states and for the peaceful

25 resolution of disputes.
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1 (10) Admission of Central and East

2 European countries that have recently

3 been freed from Communist domination to

4 NATO could contribute to international

5 peace and enhance the security of those

6 countries.

7 (11) A number of countries, including

8 the Visegrad countries (the Czech Repub9 lic, Hungary, Poland, and Slovakia), the

10 Baltic states (Estonia, Latvia, and Lithua11 nia), and Ukraine, have expressed interest

12 in NATO membership.

13 (12) In recognition of this interest, the

14 Partnership for Peace proposal offers lim15 ited military cooperation to many Euro16 pean countries not currently members of

17 NATO, but fails to establish benchmarks

18 or guidelines for eventual NATO member19 ship.

20 (13) In particular, Poland, Hungary,

21 the Czech Republic, and Slovakia have

22 made significant progress toward estab23 lishing democratic institutions, free mar24 ket economies, civilian control of their

25 armed forces, police, and intelligence
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1 services, and the rule of law since the fall

2 of their previous Communist governments.

3 SEC. 603. UNITED STATES POLICY.

4 It should be the policy of the United

5 States—

6 (1) to continue the Nation’s commit7 ment to an active leadership role in

8 NATO;

9 (2) to join with the Nation’s NATO al10 lies to redefine the role of the alliance in

11 the post-Cold War world, taking into ac12 count—

13 (A) the fundamentally changed se14 curity environment of Central and

15 Eastern Europe;

16 (B) the need to assure all coun17 tries of the defensive nature of the al18 liance and the desire of its members to

19 work cooperatively with all former ad20 versaries;

21 (C) the emerging security threats

22 posed by the proliferation of nuclear,

23 chemical, and biological weapons of

24 mass destruction and the means to de25 liver them;
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1 (D) the continuing challenges to

2 the interests of all NATO member

3 countries posed by unstable and un4 democratic regimes harboring hostile

5 intentions; and

6 (E) the dependence of the global

7 economy on a stable energy supply

8 and the free flow of commerce;

9 (3) to affirm that NATO military plan10 ning should include joint military oper11 ations beyond the geographic bounds of

12 the alliance under Article 4 of the North

13 Atlantic Treaty when the shared interests

14 of the United States and other member

15 countries require such action to defend

16 vital interests;

17 (4) that Poland, Hungary, the Czech

18 Republic, and Slovakia should be in a po19 sition to further the principles of the

20 North Atlantic Treaty and to contribute to

21 the security of the North Atlantic area not

22 later than January 10, 1999 (5 years from

23 the date of the establishment of the Part24 nership for Peace), and, in accordance

25 with Article 10 of such Treaty, should be
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1 invited to become full NATO members not

2 later than that date, provided these coun3 tries—

4 (A) meet appropriate standards,

5 including—

6 (i) shared values and inter7 ests;

8 (ii) democratic governments;

9 (iii) free market economies;

10 (iv) civilian control of the

11 military, of the police, and of in12 telligence services;

13 (v) adherence to the values,

14 principles, and political commit15 ments embodied in the Helsinki

16 Final Act of the Conference on Se17 curity and Cooperation in Europe;

18 (vi) commitment to further the

19 principles of NATO and to con20 tribute to the security of the North

21 Atlantic area;

22 (vii) commitment to accept the

23 obligations, responsibilities, and

24 costs of NATO membership; and
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1 (viii) commitment to imple2 ment infrastructure development

3 activities that will facilitate par4 ticipation in and support for

5 NATO military activities; and

6 (B) remain committed to protect7 ing the rights of all their citizens and

8 respecting the territorial integrity of

9 their neighbors;

10 (5) that the United States, other NATO

11 member nations, and NATO itself should

12 furnish appropriate assistance to facili13 tate the transition of Poland, Hungary,

14 the Czech Republic, and Slovakia to full

15 NATO membership not later than Janu16 ary 10, 1999; and

17 (6) that other European countries

18 emerging from communist domination, in

19 particular the Baltic states (Estonia, Lat20 via, and Lithuania) and Ukraine, may be

21 in a position at a future date to further

22 the principles of the North Atlantic Treaty

23 and to contribute to the security of the

24 North Atlantic area, and at the appro25 priate time they should receive assistance
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1 to facilitate their transition to full NATO

2 membership and should be invited to be3 come full NATO members.

4 SEC. 604. REVISIONS TO PROGRAM TO FACILITATE TRANSI5 TION TO NATO MEMBERSHIP.

6 (a) ESTABLISHMENT OF PROGRAM.—Sub7 section (a) of section 203 of the NATO Partici8 pation Act of 1994 (title II of Public Law 103–

9 447; 22 U.S.C. 1928 note) is amended to read

10 as follows:

11 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The

12 President shall establish a program to assist

13 in the transition to full NATO membership of

14 Poland, Hungary, the Czech Republic, and Slo15 vakia and any other European country emerg16 ing from communist domination that is des17 ignated by the President under subsection

18 (d)(2).’’.

19 (b) ELIGIBLE COUNTRIES.—

20 (1) DESIGNATED COUNTRIES.—Sub21 section (d) of such section is amended to

22 read as follows:

23 ‘‘(d) DESIGNATION OF ELIGIBLE COUN24 TRIES.—
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1 ‘‘(1) SPECIFIED COUNTRIES.—The follow2 ing countries are hereby designated for

3 purposes of this title: Poland, Hungary,

4 the Czech Republic, and Slovakia.

5 ‘‘(2) AUTHORITY FOR PRESIDENT TO DES6 IGNATE OTHER EUROPEAN COUNTRIES EMERG7 ING FROM COMMUNIST DOMINATION.—The

8 President may designate other European

9 countries emerging from communist domi10 nation (as defined in section 206) to re11 ceive assistance under the program estab12 lished under subsection (a). The President

13 may make such a designation in the case

14 of any such country only if the President

15 determines, and reports to the designated

16 congressional committees, that such coun17 try—

18 ‘‘(A) has made significant

19 progress toward establishing—

20 ‘‘(i) shared values and inter21 ests;

22 ‘‘(ii) democratic governments;

23 ‘‘(iii) free market economies;
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1 ‘‘(iv) civilian control of the

2 military, of the police, and of in3 telligence services;

4 ‘‘(v) adherence to the values,

5 principles, and political commit6 ments embodied in the Helsinki

7 Final Act of the Conference on Se8 curity and Cooperation in Europe;

9 and

10 ‘‘(vi) commitment to further

11 the principles of NATO and to

12 contribute to the security of the

13 North Atlantic area;

14 ‘‘(vii) commitment to accept

15 the obligations, responsibilities,

16 and costs of NATO membership;

17 and

18 ‘‘(viii) commitment to imple19 ment infrastructure development

20 activities that will facilitate par21 ticipation in and support for

22 NATO military activities; and

23 ‘‘(B) is likely, within five years of

24 such determination, to be in a posi25 tion to further the principles of the
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1 North Atlantic Treaty and to contrib2 ute to the security of the North Atlan3 tic area.’’.

4 (2) CONFORMING AMENDMENTS.—

5 (A) Subsections (b) and (c) of such

6 section are amended by striking

7 ‘‘countries described in such sub8 section’’ and inserting ‘‘countries des9 ignated under subsection (d)’’.

10 (B) Subsection (e) of such section

11 is amended—

12 (i) by striking ‘‘subsection (d)’’

13 and inserting ‘‘subsection (d)(2)’’;

14 and

15 (ii) by inserting ‘‘(22 U.S.C.

16 2394)’’ before the period at the

17 end.

18 (C) Section 204(c) of such Act is

19 amended by striking ‘‘any other’’ and

20 inserting ‘‘any country designated

21 under section 203(d)(2)’’.

22 (c) TYPES OF ASSISTANCE.—

23 (1) ECONOMIC SUPPORT ASSISTANCE.—

24 Subsection (c) of section 203 of such Act is

25 amended—
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1 (A) by redesignating paragraphs

2 (3) and (4) as paragraphs (4) and (5),

3 respectively; and

4 (B) by inserting after paragraph

5 (2) the following new paragraph (3):

6 ‘‘(3) Assistance under chapter 4 of

7 part II of the Foreign Assistance Act of

8 1961 (relating to the Economic Support

9 Fund).’’.

10 (2) ADDITIONAL ASSISTANCE.—

11 (A) IN GENERAL.—Subsection (f) of

12 such section is amended to read as

13 follows:

14 ‘‘(f) ADDITIONAL ASSISTANCE.—In carrying

15 out the program established under subsection

16 (a), the President may, in addition to the secu17 rity assistance authorized to be provided

18 under subsection (c), provide assistance to

19 countries designated under subsection (d)

20 from funds appropriated under the ‘Non21 proliferation and Disarmament Fund’ ac22 count.’’.

23 (B) EFFECTIVE DATE.—The amend24 ment made by subparagraph (A) does

25 not apply with respect to funds appro-
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1 priated before the date of the enact2 ment of this Act.

3 (d) DISQUALIFICATION FROM ASSISTANCE FOR

4 SUPPORT OF TERRORISM.—Section 203 of such

5 Act is further amended by adding at the end

6 the following new subsection:

7 ‘‘(g) PROHIBITION ON PROVIDING ASSISTANCE

8 TO FOREIGN GOVERNMENTS THAT EXPORT LE9 THAL MILITARY EQUIPMENT TO COUNTRIES SUP10 PORTING INTERNATIONAL TERRORISM.—Assist11 ance may only be provided through the pro12 gram established under subsection (a) subject

13 to the same terms and conditions that apply

14 under section 563 of the Foreign Operations,

15 Export Financing, and Related Programs Ap16 propriations Act, 1995 (Public Law 103–306),

17 with respect to the making available to foreign

18 governments of funds appropriated or other19 wise made available under that Act.’’.

20 (e) ANNUAL REPORT.—Section 205 of the

21 NATO Participation Act of 1994 (title II of

22 Public Law 103–447; 22 U.S.C. 1928 note) is

23 amended—

24 (1) by inserting ‘‘ANNUAL’’ in the sec25 tion heading before the first word;
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1 (2) by inserting ‘‘annual’’ after ‘‘in2 clude in the’’ in the matter preceding

3 paragraph (1);

4 (3) by redesignating paragraphs (1)

5 and (2) as paragraphs (2) and (3), respec6 tively;

7 (4) by inserting before paragraph (2),

8 as so redesignated, the following new

9 paragraph (1):

10 ‘‘(1) An assessment of the progress

11 made by Poland, Hungary, the Czech Re12 public, and Slovakia and by any country

13 designated by the President under section

14 203(d)(2) toward meeting the standards

15 for NATO membership set forth in Article

16 10 of the North Atlantic Treaty, includ17 ing—

18 ‘‘(A) an assessment of the progress

19 of each such country toward establish20 ing—

21 ‘‘(i) shared values and inter22 ests;

23 ‘‘(ii) democratic governments;

24 ‘‘(iii) free market economies;
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1 ‘‘(iv) civilian control of the

2 military, of the police, and of in3 telligence services;

4 ‘‘(v) adherence to the values,

5 principles, and political commit6 ments embodied in the Helsinki

7 Final Act of the Conference on Se8 curity and Cooperation in Europe;

9 ‘‘(vi) commitment to further

10 the principles of NATO and to

11 contribute to the security of the

12 North Atlantic area;

13 ‘‘(vii) commitment to accept

14 the obligations, responsibilities,

15 and costs of NATO membership;

16 and

17 ‘‘(viii) commitment to imple18 ment infrastructure development

19 activities that will facilitate par20 ticipation in and support for

21 NATO military activities; and

22 ‘‘(B) the commitment of each such

23 country to protecting the rights of all

24 its citizens and respecting the terri25 torial integrity of its neighbors.’’; and
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1 (5) in paragraphs (2) and (3), as so re2 designated, by striking ‘‘and other’’ and

3 all that follows through the period at the

4 end and inserting ‘‘and any country des5 ignated by the President pursuant to sec6 tion 203(d)(2).’’.

7 (f) DEFINITIONS.—The NATO Participation

8 Act of 1994 (title II of Public Law 103–447; 22

9 U.S.C. 1928 note) is amended by adding at the

10 end the following new section:

11 ‘‘SEC. 206. DEFINITIONS.

12 ‘‘For purposes of this title:

13 ‘‘(1) NATO.—The term ‘NATO’ means

14 the North Atlantic Treaty Organization.

15 ‘‘(2) OTHER EUROPEAN COUNTRIES

16 EMERGING FROM COMMUNIST DOMINATION.—

17 The term ‘other European countries

18 emerging from communist domination’

19 means—

20 ‘‘(A) any member of the Partner21 ship for Peace that is located—

22 ‘‘(i) in the territory of the

23 former Union of Soviet Socialist

24 Republics; or
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1 ‘‘(ii) in the territory of the

2 former Socialist Federal Republic

3 of Yugoslavia; or

4 ‘‘(B) Estonia, Latvia, Lithuania,

5 Romania, Bulgaria, or Albania.

6 ‘‘(3) DESIGNATED CONGRESSIONAL COM7 MITTEES.—The term ‘designated congres8 sional committees’ means—

9 ‘‘(A) the Committee on Inter10 national Relations, the Committee on

11 National Security, and the Committee

12 on Appropriations of the House of

13 Representatives; and

14 ‘‘(B) the Committee on Foreign Re15 lations, the Committee on Armed Serv16 ices, and the Committee on Appropria17 tions of the Senate.’’.

18 TITLE VII—BUDGET FIREWALLS

19 SEC. 701. RESTORATION OF BUDGET FIREWALLS FOR DE20 FENSE SPENDING.

21 It is the sense of the Congress that so22 called ‘‘budget firewalls’’ between defense and

23 domestic discretionary spending should be es24 tablished for each of fiscal years 1996, 1997,

25 and 1998.
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104TH CONGRESS

1ST SESSION H. R. 7

[Report No. 104–18, Parts I, II, and III]

A BILL

To revitalize the national security of the United

States.

FEBRUARY 6, 1995

Reported with amendments