IIA

104TH CONGRESS

1ST SESSION H. R. 7

IN THE SENATE OF THE UNITED STATES

FEBRUARY 22, 1995

Received; read twice and referred to the Committee on Foreign Relations

AN ACT

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,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘National Security Revitalization Act’’.

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

7 this Act is as follows:
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Sec. 1. Short title; table of contents.

TITLE I—FINDINGS, POLICY, AND PURPOSES

Sec. 101. Findings.

Sec. 102. Policy.

Sec. 103. Purposes.

TITLE II—POLICY REGARDING PRIORITY FOR MISSILE DEFENSE

PROGRAMS

Sec. 201. Policy.

Sec. 202. Sense of Congress on theater missile defense and the Anti-Ballistic

Missile (ARM) Treaty.

Sec. 203. Ballistic missile defense as a component of military readiness.

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. Limitation on payment of 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.
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Sec. 510. Buy American requirement.

Sec. 511. United Nations budgetary and management reform.

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

Sec. 513. Report regarding reimbursement levels paid by United Nations for

costs incurred by nations and contractors furnishing personnel

for peacekeeping activities.

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.

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-political and

6 military landscape during the last decade have had

7 significant impacts on United States security.

8 (2) Those changes include the breakup of the

9 Warsaw Pact alliance, the disintegration of the So10 viet Union, and an increase in regional instability

11 and conflict.

12 (3) While the magnitude and implications of

13 these and other changes continues to evolve, the

14 world remains an unstable and dangerous place.

15 This uncertainty mandates the need for an on-going

16 process to establish an appropriate national security
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1 strategy and the forces needed to implement that

2 strategy.

3 (4) The centerpiece of the defense strategy of

4 the Administration, the review of the Department of

5 Defense conducted by the Secretary of Defense in

6 1993 known as the ‘‘Bottom Up Review’’, deter7 mined that United States forces must be—

8 (A) prepared to fight and win two nearly

9 simultaneous Major Regional Conflicts;

10 (B) able to sustain robust overseas pres11 ence in peacetime;

12 (C) prepared for a variety of regional con13 tingencies; and

14 (D) able to deter and prevent attacks with

15 weapons of mass destruction against United

16 States territory and forces and the territory

17 and forces of our allies.

18 (5) The Bottom Up Review also recommended

19 significant reductions in military forces, including

20 reduction in the number of Navy ships by one-third,

21 the number of Air Force wings by almost one-half,

22 and the level of funding for missile defenses by over

23 50 percent.

24 (6) The General Accounting Office and the

25 Congressional Budget Office have estimated that the
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1 mismatch between even the restrictive Bottom Up

2 Review force and the Administration defense budget

3 may be up to anywhere from $65,000,000,000 to

4 $150,000,000,000.

5 (7) 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 (8) 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, rep12 resents the lowest percentage of gross domestic

13 product for any defense budget since World War II.

14 (9) During fiscal year 1995, the number of ac15 tive duty, reserve component, and civilian personnel

16 of the Department of Defense will be reduced by

17 182,000, a rate of over 15,000 per month or over

18 500 per day. The Bureau of Labor Statistics esti19 mates that 1,200,000 defense-related private sector

20 jobs will be lost by 1997.

21 (10) Despite severe reductions and shortfalls in

22 defense funding and force structure, since 1993

23 United States military forces have been deployed

24 more often and committed to more peacetime mis25 sions per year than ever before. Most of these mis-
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1 sions involve United Nations peacekeeping and hu2 manitarian efforts. At the end of fiscal year 1994,

3 over 70,000 United States personnel were serving in

4 such regions as Iraq, Bosnia, Macedonia, the Adri5 atic Sea, Rwanda, and the Caribbean Sea for mis6 sions involving Haiti and Cuba.

7 (11) Despite the dramatic increase in the pace

8 of operations and the diversion of training and exer9 cise funds to cover the costs of unbudgeted contin10 gency operations, the Armed Forces of the United

11 States remain the most capable, motivated, and ef12 fective military force in the world. The ability to suc13 cessfully deploy and maintain support for the range

14 of on-going contingency operations demonstrates the

15 continued quality and professionalism of our troops.

16 (12) However, persistent indictations of declin17 ing readiness demonstrate that military units are en18 tering the early stage of a long-term systemic readi19 ness problem. This downward readiness trend risks

20 a return to the ‘‘hollow forces’’ of the 1970s.

21 (13) At the end of fiscal year 1994, one-third

22 of the units in the Army contingency force and all

23 of the forward-deployed and follow-on Army divi24 sions were reporting a reduced state of military

25 readiness. During fiscal year 1994, training readi-
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1 ness declined for the Navy’s Atlantic and Pacific

2 fleets. Training funding shortfalls also resulted in a

3 grounding of Navy and Marine Corps aircraft squad4 rons and cancellation and curtailment of Army

5 training exercises. Marine and naval personnel are

6 not maintaining the standard 12- to 18-month res7 pite between six-month deployments away from

8 home.

9 (14) The significant increase in deployments in

10 support of peacekeeping, humanitarian, and contin11 gency operations has placed great personnel tempo

12 stress on many critical operational units.

13 (15) A real commitment to equitable compensa14 tion and protection of quality-of-life programs for

15 servicemembers and their families is an esssential

16 component to ensuring high personnel morale and

17 sustaining force readiness. However, as of January

18 1, 1995, military pay is approximately 12.8 percent

19 below comparable civilian levels. As a result, it is es20 timated that close to 17,000 junior enlisted person21 nel have to rely on food stamps and the Department

22 of Defense will soon begin providing supplementary

23 food benefits to an estimated 11,000 military per24 sonnel and dependents living overseas.
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1 (16) Critical long-term modernization programs

2 continue to be delayed or cancelled as resources are

3 diverted to cover short-term personnel and readiness

4 shortfalls resulting from an underfunded defense

5 budget and an overextended force, threatening the

6 technological superiority of future United States

7 forces.

8 (17) The fiscal year 1995 defense budget failed

9 to meet the current force structure goal of 184 mod10 ern long-range bombers, as established in the Bot11 tom-Up Review. Unless this long-range bomber ca12 pability shortfall is addressed promptly, the Nation’s

13 ability to project force will be undermined and the

14 existing bomber industrial base may be placed at

15 risk.

16 (18) The Administration has initially agreed to

17 or proposed treaty limitations, or has unilaterally

18 adopted positions, that prohibit the United States

19 from testing or deploying effective missile defense

20 systems.

21 (19) United Nations assessments to the United

22 States for peacekeeping missions totaled over

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

25 for peacekeeping. The next highest contributor,
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1 Japan, only pays 12.5 percent of such costs. The

2 Department of Defense also incurs hundreds of mil3 lions of dollars in costs every year for United States

4 military participation in United Nations peacekeep5 ing or humanitarian missions, most of which are not

6 reimbursed by the United Nations. For fiscal year

7 1994, these Department of Defense costs totaled

8 over $1,721,000,000.

9 (20) Credible and effective collective action on

10 international security concerns through the United

11 Nations and regional organizations such as the

12 North Atlantic Treaty Organization can, in appro13 priate cases, advance world peace, strengthen the

14 national security of the United States, and foster

15 more equitable burden-sharing with friends and al16 lies of the United States in military, political, and fi17 nancial terms.

18 SEC. 102. POLICY.

19 The Congress is committed to providing adequate re20 sources to protect the national security interests of the

21 United States, including the resources necessary—

22 (1) to provide for sufficient forces to meet the

23 national security strategy of being able to fight and

24 win two nearly simultaneously major regional con25 flicts;
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1 (2) to provide for sufficient forces to meet the

2 national security strategy of using forward-deployed

3 and forward-based forces to promote regional stabil4 ity, deter aggression, improve joint/combined oper5 ations among United States forces and allies, and

6 ensure timely crisis response;

7 (3) to provide pay and benefits necessary for

8 members of the Armed Forces (including members

9 of the National Guard and Reserve as well as active

10 duty members) to begin closing the gap between

11 rates of civilian pay and rates of military pay;

12 (4) to maintain a high quality-of-life for mili13 tary personnel and their dependents;

14 (5) to maintain a high level of military readi15 ness and take all necessary steps to avoid a return

16 to the ‘‘hollow forces’’ of the 1970s;

17 (6) to fully provide for the necessary mod18 ernization of United States military forces in order

19 to ensure their technological superiority over any ad20 versary; and

21 (7) to develop and deploy at the earliest prac22 tical date highly effective national and theater mis23 sile defense systems.

24 SEC. 103. PURPOSES.

25 The purposes of this Act are—
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1 (1) to establish an advisory commission to as2 sess United States military needs and address the

3 problems posed by the continuing downward spiral

4 of defense spending;

5 (2) to commit the United States to accelerate

6 the development and deployment of theater and na7 tional ballistic missile defense capabilities;

8 (3) to restrict deployment of United States

9 forces to missions that are in the national security

10 interest of the United States;

11 (4) to maintain adequate command and control

12 by United States personnel of United States forces

13 participating in United Nations peacekeeping oper14 ations;

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

16 United Nations peacekeeping activities and to press

17 for reforms in United Nations management prac18 tices; and

19 (6) to reemphasize the commitment of the

20 United States to a strong and viable North Atlantic

21 Treaty Organization.
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1 TITLE II—POLICY REGARDING

2 PRIORITY FOR MISSILE DE3 FENSE PROGRAMS

4 SEC. 201. POLICY.

5 The following, in the order listed, shall be the policy

6 of the United States with respect to the priority for devel7 opment and deployment of missile defense programs:

8 (1) First, ensuring operational readiness of the

9 Armed Forces and accomplishing programmed mod10 ernization of weapons systems.

11 (2) Second, as part of such modernization, com12 pleting the development and deployment at the earli13 est practicable date of more effective theater missile

14 defense (TMD) systems by adequately funding es15 sential theater missile defense programs.

16 (3) Third, developing as soon as practicable,

17 subject to the availability of funding, a ground-based

18 interceptor system capable of destroying ballistic

19 missiles launched against the United States.

20 SEC. 202. SENSE OF CONGRESS ON THEATER MISSILE DE21 FENSE AND THE ANTI-BALLISTIC MISSILE

22 (ABM) TREATY.

23 (a) FINDINGS.—The Congress makes the following

24 findings:
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1 (1) The United States and its allies face exist2 ing and expanding threats from ballistic missiles ca3 pable of being used as theater weapon systems that

4 are presently possessed by, being developed by, or

5 being acquired by a number of countries, including

6 Iran, Iraq, Syria, Libya, and North Korea.

7 (2) Some theater ballistic missiles that are cur8 rently deployed or are being developed (such as the

9 Chinese CSS–2 missile and the North Korean Taepo

10 Dong–2 missile) have capabilities equal to or greater

11 than the capabilities of missiles that were deter12 mined to be strategic missiles more than 20 years

13 ago under the Strategic Arms Limitation Agreement

14 I (SALT I) Interim Agreement of 1972 entered into

15 between the United States and the Soviet Union.

16 (3) The Anti-Ballistic Missile (ABM) Treaty

17 was not intended to, and does not, apply to or limit

18 research, development, testing, or deployment of

19 missile defense systems, system upgrades, or system

20 components that are designed to counter modern

21 theater ballistic missiles, regardless of the capabili22 ties of such missiles, unless those systems, system

23 upgrades, or system components are tested against

24 or have demonstrated capabilities to counter modern

25 strategic ballistic missiles.
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1 (4) It is a national security priority of the

2 United States to develop and deploy highly effective

3 theater missile defense systems capable of counter4 ing the existing and expanding threats posed by

5 modern theater ballistic missiles at the earliest prac6 tical date.

7 (5) Current United States proposals in the

8 Standing Consultative Commission (SCC) would

9 multilateralize the ABM Treaty, making future

10 amendments or changes to the Treaty more difficult,

11 and would impose specific design limitations on

12 United States theater missile defense (TMD) sys13 tems that would significantly compromise the United

14 States TMD capability.

15 (b) SENSE OF CONGRESS.—It is the sense of the

16 Congress that further formal negotiations in the Standing

17 Consultative Commission (SCC) and any informal discus18 sions or negotiations on either the demarcation between

19 theater missile defense (TMD) systems and anti-ballistic

20 missile (ABM) systems, or any other effort that bears on

21 the viability of the ABM Treaty, including

22 multilateralization of the treaty, should be suspended until

23 the One Hundred Fourth Congress has had the oppor24 tunity to review those matters.
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1 SEC. 203. BALLISTIC MISSILE DEFENSE AS A COMPONENT

2 OF MILITARY READINESS.

3 (a) USE OF FISCAL YEAR 1996 FUNDS.—Of the total

4 amount of funds appropriated or otherwise made available

5 for the Department of Defense for fiscal year 1996, the

6 amount obligated for national missile defense programs

7 may exceed the amount made available for national missile

8 programs for fiscal year 1995.

9 (b) FINDINGS.—In carrying out program execution of

10 national missile defense programs using funds appro11 priated for fiscal year 1996, the Secretary of Defense shall

12 consider the following findings by Congress:

13 (1) A critical component of military readiness is

14 whether the Armed Forces are properly sized,

15 equipped, structured, and ready to carry out as16 signed missions as required by the national military

17 strategy.

18 (2) In testimony before the Committee on

19 Armed Services of the House of Representatives on

20 February 22, 1994, the Chairman of the Joint

21 Chiefs of Staff testified that ‘‘modernization is the

22 key to future readiness and it is the only way to pro23 vide our next generation with an adequate defense’’.

24 (3) Given the growing ballistic missile threat,

25 the deployment of affordable, highly effective na26 tional and theater missile defense systems is an es-
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1 sential objective of a defense modernization program

2 that adequately supports the requirements of the na3 tional military strategy.

4 (c) SENSE OF CONGRESS.—In light of the findings

5 in subsection (b), it is the sense of Congress that an effec6 tive national and theater missile defense capability is es7 sential to ensuring that United States Armed Forces are

8 ready to meet current and expected threats to United

9 States national security.

10 TITLE III—ADVISORY COMMIS11 SION ON REVITALIZATION OF

12 NATIONAL SECURITY

13 SEC. 301. ESTABLISHMENT.

14 There is hereby established an advisory commission

15 to be known as the ‘‘Revitalization of National Security

16 Commission’’ (hereinafter in this title referred to as the

17 ‘‘Commission’’).

18 SEC. 302. COMPOSITION.

19 (a) APPOINTMENT.—The Commission shall be com20 posed of 12 members, appointed as follows:

21 (1) Four members shall be appointed by the

22 President.

23 (2) Four members shall be appointed by the

24 Speaker of the House of Representatives, one of

25 whom shall be appointed upon the recommendation
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1 of the minority leader of the House of Representa2 tives.

3 (3) Four members shall be appointed by the

4 president pro tempore of the Senate, three of whom

5 shall be appointed upon the recommendation of the

6 majority leader of the Senate and one of whom shall

7 be appointed upon the recommendation of the mi8 nority leader of the Senate.

9 (b) QUALIFICATIONS.—The members of the Commis10 sion shall be appointed from among persons having knowl11 edge and experience in defense and foreign policy.

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

13 the Commission shall be appointed for the life of the Com14 mission. A vacancy on the Commission shall not affect its

15 powers, but shall be filled in the same manner as the origi16 nal appointment was made.

17 (d) COMMENCEMENT.—The members of the Commis18 sion shall be appointed not later than 21 days after the

19 date of the enactment of this Act. The Commission shall

20 convene its first meeting to carry out its duties under this

21 section 14 days after seven members of the Commission

22 have been appointed.

23 (e) CHAIRMAN.—The chairman of the Commission

24 shall be designated jointly by the Speaker of the House

25 of Representatives and the majority leader of the Senate
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1 (after consultation with the minority leader of the House

2 of Representatives and the minority leader of the Senate)

3 from among members of the Commission appointed under

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

5 SEC. 303. DUTIES.

6 (a) COMPREHENSIVE REVIEW.—The Commission

7 shall conduct a comprehensive review of the long-term na8 tional security needs of the United States. The review

9 shall include the following:

10 (1) An assessment of the need for a new na11 tional security strategy and, if it is determined that

12 such a new strategy is needed, identification of such

13 a strategy.

14 (2) An assessment of the need for a new na15 tional military strategy and, if it is determined that

16 such a new strategy is needed, identification of such

17 a strategy.

18 (3) An assessment of the military force struc19 ture necessary to support the new strategies identi20 fied under paragraphs (1) and (2).

21 (4) An assessment of force modernization re22 quirements necessary to support the new strategies

23 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 to the United

19 States of expanding the membership of the North

20 Atlantic Treaty Organization.

21 (11) An assessment of the elements of military

22 pay and allowances constituting the regular military

23 compensation of members of the Armed Forces and

24 the development of recommendations for changes in

25 those elements in order to end the dependence of
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1 some members of the Armed Forces and their fami2 lies on Federal and local assistance programs.

3 (12) An assessment of the need to revise the

4 command and control structure of the Army Re5 serve.

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

7 the review, the Commission shall develop specific rec8 ommendations to accomplish each of the following:

9 (1) Provide members of the Armed Forces with

10 annual pay raises and other compensation at levels

11 sufficient to begin closing the gap with comparable

12 civilian pay levels.

13 (2) Fully fund cost-effective missile defense sys14 tems that are deployable at the earliest practical

15 date following enactment of this Act.

16 (3) Maintain adequate funding for military

17 readiness accounts without sacrificing modernization

18 programs.

19 (4) Maintain a strong role for Guard and Re20 serve forces.

21 (5) Provide a new funding system to avoid di22 versions from military readiness accounts to pay for

23 peacekeeping and humanitarian deployments such as

24 Haiti and Rwanda.
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1 (6) Support security enhancing measures in the

2 Asia-Pacific region, including support for the Asso3 ciation of Southeast Asian Nations (ASEAN) Re4 gional Forum.

5 (7) Reduce the level of defense expenditures for

6 non-defense programs.

7 SEC. 304. REPORTS.

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

9 to the President and the designated congressional commit10 tees a report on the assessments and recommendations re11 ferred to in section 303 not later than January 1, 1996.

12 The report shall be submitted in unclassified and classified

13 versions.

14 (b) INTERIM REPORT.—The Commission shall sub15 mit to the President and the designated congressional

16 committees an interim report describing the Commission’s

17 progress in fulfilling its duties under section 303. The in18 terim report shall include any preliminary recommenda19 tions the Commission may have reached and shall be sub20 mitted not later than October 1, 1995.

21 (c) DESIGNATED CONGRESSIONAL COMMITTEES.—

22 For purposes of this section, the term ‘‘designated con23 gressional committees’’ means—

24 (1) the Committee on National Security, the

25 Committee on International Relations, and the Com-
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1 mittee on Appropriations of the House of Represent2 atives; and

3 (2) the Committee on Armed Services, the

4 Committee on Foreign Relations, and the Committee

5 on Appropriations of the Senate.

6 (d) LIMITATION PENDING SUBMISSION OF INTERIM

7 REPORT.—The Secretary of the Army may not, during the

8 period beginning on the date of the enactment of this Act

9 and ending on the date on which the interim report under

10 subsection (b) is submitted, take any action to implement

11 the plan to reorganize the Army Reserve’s continental

12 United States headquarters structures that was an13 nounced by the Secretary on January 4, 1995.

14 SEC. 305. POWERS.

15 (a) HEARINGS.—The Commission may, for the pur16 pose of carrying out this section, conduct such hearings,

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

18 such evidence, as the Commission considers appropriate.

19 (b) ASSISTANCE FROM OTHER AGENCIES.—The

20 Commission may secure directly from any department or

21 agency of the Federal Government such information, rel22 evant to its duties under this title, as may be necessary

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

24 of the Commission, the head of the department or agency
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1 shall, to the extent permitted by law, furnish such infor2 mation to the Commission.

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

4 States mails in the same manner and under the same con5 ditions as the departments and agencies of the Federal

6 Government.

7 (d) ASSISTANCE FROM SECRETARY OF DEFENSE.—

8 The Secretary of Defense shall provide to the Commission

9 such reasonable administrative and support services as the

10 Commission may request.

11 SEC. 306. COMMISSION PROCEDURES.

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

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

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

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

16 Commission shall constitute a quorum for the transaction

17 of business.

18 SEC. 307. PERSONNEL MATTERS.

19 (a) COMPENSATION.—Each member of the Commis20 sion shall serve without compensation, but shall be allowed

21 travel expenses including per diem in lieu of subsistence,

22 as authorized by section 5703 of title 5, United States

23 Code, when engaged in the performance of Commission

24 duties.
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1 (b) STAFF.—The Commission shall appoint a staff

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

3 maximum rate of basic pay under section 5376 of title

4 5, United States Code, and such professional and clerical

5 personnel as may be reasonable and necessary to enable

6 the Commission to carry out its duties under this title

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

8 Code, governing appointments in the competitive service,

9 and without regard to the provisions of chapter 51 and

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

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

12 General Schedule rates. No employee appointed under this

13 subsection (other than the staff director) may be com14 pensated at a rate to exceed the maximum rate applicable

15 to level 15 of the General Schedule.

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

17 chairman of the Commission, the head of any department

18 or agency of the Federal Government is authorized to de19 tail, without reimbursement, any personnel of such depart20 ment or agency to the Commission to assist the Commis21 sion in carrying out its duties under this section. The de22 tail of any such personnel may not result in the interrup23 tion or loss of civil service status or privilege of such per24 sonnel.
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1 SEC. 308. TERMINATION OF THE COMMISSION.

2 The Commission shall terminate upon submission of

3 the final report required by section 304.

4 SEC. 309. FUNDING.

5 Funds for the activities of the Commission shall be

6 made available to the Commission by the Secretary of De7 fense from funds appropriated for activities of the Office

8 of the Secretary of Defense.

9 TITLE IV—COMMAND OF UNITED

10 STATES FORCES

11 SEC. 401. LIMITATION ON EXPENDITURE OF DEPARTMENT

12 OF DEFENSE FUNDS FOR UNITED STATES

13 FORCES PLACED UNDER UNITED NATIONS

14 COMMAND OR CONTROL.

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

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

17 following new section:

18 ‘‘§ 405. Placement of United States forces under

19 United Nations command or control: limi20 tation

21 ‘‘(a) LIMITATION.—Except as provided in subsections

22 (b) and (c), funds appropriated or otherwise made avail23 able for the Department of Defense may not be obligated

24 or expended for activities of any element of the Armed

25 Forces that after the date of the enactment of this section
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1 is placed under United Nations command or control, as

2 defined in subsection (f).

3 ‘‘(b) EXCEPTION FOR PRESIDENTIAL CERTIFI4 CATION.—(1) Subsection (a) shall not apply in the case

5 of a proposed placement of an element of the Armed

6 Forces under United Nations command or control if the

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

8 such United Nations command or control is to become ef9 fective (or as provided in paragraph (2)), meets the re10 quirements of subsection (d).

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

12 emergency exists that precludes the President from meet13 ing the requirements of subsection (d) 15 days before plac14 ing an element of the Armed Forces under United Nations

15 command or control, the President may place such forces

16 under such command or control and meet the require17 ments of subsection (d) in a timely manner, but in no

18 event later than 48 hours after such command or control

19 becomes effective.

20 ‘‘(c) ADDITIONAL EXCEPTIONS.—

21 ‘‘(1) EXCEPTION FOR AUTHORIZATION BY

22 LAW.—Subsection (a) shall not apply in the case of

23 a proposed placement of any element of the Armed

24 Forces under United Nations command or control if

25 the Congress specifically authorizes by law that par-
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1 ticular placement of United States forces under

2 United Nations command or control.

3 ‘‘(2) EXCEPTION FOR NATO OPERATIONS.—

4 Subsection (a) shall not apply in the case of a pro5 posed placement of any element of the Armed

6 Forces in an operation conducted by the North At7 lantic Treaty Organization.

8 ‘‘(d) PRESIDENTIAL CERTIFICATIONS.—The require9 ments referred to in subsection (b)(1) are that the Presi10 dent submit to Congress the following:

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

12 ‘‘(A) such a United Nations command or

13 control arrangement is necessary to protect na14 tional security interests of the United States;

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

16 Armed Forces proposed for placement under

17 United Nations command or control will at all

18 times retain the right—

19 ‘‘(i) to report independently to supe20 rior United States military authorities; and

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

22 judged by the commander to be illegal,

23 militarily imprudent, or beyond the man24 date of the mission to which the United

25 States agreed with the United Nations,
28

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1 until such time as that commander receives

2 direction from superior United States mili3 tary authorities with respect to the orders

4 that the commander has declined to com5 ply with;

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

7 proposed for placement under United Nations

8 command or control will at all times remain

9 under United States administrative command

10 for such purposes as discipline and evaluation;

11 and

12 ‘‘(D) the United States will retain the au13 thority to withdraw any element of the Armed

14 Forces from the proposed operation at any time

15 and to take any action it considers necessary to

16 protect those forces if they are engaged.

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

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

19 interests that require the placement of United

20 States forces under United Nations command

21 or control.

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

23 forces involved.

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

25 the United States forces involved.
29

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

2 States of participation in the United Nations

3 operation by the United States forces which are

4 proposed to be placed under United Nations

5 command or control.

6 ‘‘(E) The precise command and control re7 lationship between the United States forces in8 volved and the United Nations command

9 structure.

10 ‘‘(F) The precise command and control re11 lationship between the United States forces in12 volved and the commander of the United States

13 unified command for the region in which those

14 United States forces are to operate.

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

16 States forces involved will rely on non-United

17 States forces for security and self-defense and

18 an assessment on the ability of those non19 United States forces to provide adequate secu20 rity to the United States forces involved.

21 ‘‘(H) The timetable for complete with22 drawal of the United States forces involved.

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

24 subsection (d) shall be submitted in unclassified form and,

25 if necessary, in classified form.
30

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1 ‘‘(f) UNITED NATIONS COMMAND OR CONTROL.—

2 For purposes of this section, an element of the Armed

3 Forces shall be considered to be placed under United Na4 tions command or control if—

5 ‘‘(1) that element is under the command or

6 operational control of an individual acting on behalf

7 of the United Nations for the purpose of inter8 national peacekeeping, peacemaking, peace-enforc9 ing, or similar activity that is authorized by the

10 Security Council under chapter VI or VII of the

11 Charter of the United Nations; and

12 ‘‘(2) the senior military commander of the

13 United Nations force or operation—

14 ‘‘(A) is a foreign national or is a citizen of

15 the United States who is not a United States

16 military officer serving on active duty; or

17 ‘‘(B) is a United States military officer

18 serving on active duty but—

19 ‘‘(i) that element of the armed forces

20 is under the command or operational con21 trol of a subordinate commander who is a

22 foreign national or a citizen of the United

23 States who is not a United States military

24 officer serving on active duty; and
31

•HR 7 RFS

1 ‘‘(ii) that senior military commander

2 does not have the authority—

3 ‘‘(I) to dismiss any subordinate

4 officer in the chain of command who

5 is exercising command or operational

6 control over United States forces and

7 who is a foreign national or a citizen

8 of the United States who is not a

9 United States military officer serving

10 on active duty;

11 ‘‘(II) to establish rules of engage12 ment for United States forces in13 volved; and

14 ‘‘(III) to establish criteria gov15 erning the operational employment of

16 United States forces involved.

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

18 be construed—

19 ‘‘(1) as authority for the President to use any

20 element of the armed forces in any operation;

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

22 element of the armed forces under the command or

23 operational control of a foreign national; or

24 ‘‘(3) as an unconstitutional infringement on the

25 authority of the President as commander-in-chief.’’.
32

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1 (2) The table of sections at the beginning of sub2 chapter I of such chapter is amended by adding at the

3 end the following new item:

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

control: limitation.’’.

4 (b) REPORT RELATING TO CONSTITUTIONALITY.—

5 No certification may be submitted by the President under

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

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

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

9 memorandum of legal points and authorities explaining

10 why the placement of elements of United States Armed

11 Forces under the command or operational control of a for12 eign national acting on behalf of the United Nations does

13 not violate the Constitution.

14 (c) EXCEPTION FOR ONGOING OPERATIONS IN MAC15 EDONIA AND CROATIA.—Section 405 of title 10, United

16 States Code, as added by subsection (a), does not apply

17 in the case of activities of the Armed Forces as part of

18 the United Nations force designated as the United Na19 tions Protection Force (UNPROFOR) that are carried

20 out—

21 (1) in Macedonia pursuant to United Nations

22 Security Council Resolution 795, adopted December

23 11, 1992, and subsequent reauthorization Resolu24 tions; or
33

•HR 7 RFS

1 (2) in Croatia pursuant to United Nations Se2 curity Council Resolution 743, adopted February 21,

3 1992, and subsequent reauthorization Resolutions.

4 SEC. 402. LIMITATION ON PLACEMENT OF UNITED STATES

5 ARMED FORCES UNDER FOREIGN CONTROL

6 FOR A UNITED NATIONS PEACEKEEPING AC7 TIVITY.

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

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

10 to read as follows:

11 ‘‘SEC. 6. (a) AGREEMENTS WITH SECURITY COUN12 CIL.—(1) Any special agreement described in paragraph

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

14 Council shall not be effective unless approved by the Con15 gress by law.

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

17 an agreement providing for the numbers and types of

18 United States Armed Forces, their degree of readiness and

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

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

21 Security Council for the purpose of maintaining inter22 national peace and security in accordance with Article 43

23 of the Charter of the United Nations.

24 ‘‘(b) LIMITATION.—Except as provided in subsections

25 (c) and (d), the President may not place any element of
34

•HR 7 RFS

1 the Armed Forces under United Nations command or con2 trol, as defined in subsection (g).

3 ‘‘(c) EXCEPTION FOR PRESIDENTIAL CERTIFI4 CATION.—(1) Subsection (b) shall not apply in the case

5 of a proposed placement of an element of the Armed

6 Forces under United Nations command or control if the

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

8 such United Nations command or control is to become ef9 fective (or as provided in paragraph (2)), meets the re10 quirements of subsection (e).

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

12 emergency exists that precludes the President from meet13 ing the requirements of subsection (e) 15 days before plac14 ing an element of the Armed Forces under United Nations

15 command or control, the President may place such forces

16 under such command or control and meet the require17 ments of subsection (e) in a timely manner, but in no

18 event later than 48 hours after such command or control

19 becomes effective.

20 ‘‘(d) ADDITIONAL EXCEPTIONS.—

21 ‘‘(1) EXCEPTION FOR AUTHORIZATION BY

22 LAW.—Subsection (b) shall not apply in the case of

23 a proposed placement of any element of the Armed

24 Forces under United Nations command or control if

25 the Congress specifically authorizes by law that par-
35

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1 ticular placement of United States forces under

2 United Nations command or control.

3 ‘‘(2) EXCEPTION FOR NATO OPERATIONS.—

4 Subsection (b) shall not apply in the case of a pro5 posed placement of any element of the Armed

6 Forces in an operation conducted by the North At7 lantic Treaty Organization.

8 ‘‘(e) PRESIDENTIAL CERTIFICATIONS.—The require9 ments referred to in subsection (c)(1) are that the Presi10 dent submit to Congress the following:

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

12 ‘‘(A) such a United Nations command or

13 control arrangement is necessary to protect na14 tional security interests of the United States;

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

16 Armed Forces proposed for placement under

17 United Nations command or control will at all

18 times retain the right—

19 ‘‘(i) to report independently to supe20 rior United States military authorities; and

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

22 judged by the commander to be illegal,

23 militarily imprudent, or beyond the man24 date of the mission to which the United

25 States agreed with the United Nations,
36

•HR 7 RFS

1 until such time as that commander receives

2 direction from superior United States mili3 tary authorities with respect to the orders

4 that the commander has declined to com5 ply with;

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

7 proposed for placement under United Nations

8 command or control will at all times remain

9 under United States administrative command

10 for such purposes as discipline and evaluation;

11 and

12 ‘‘(D) the United States will retain the au13 thority to withdraw any element of the Armed

14 Forces from the proposed operation at any time

15 and to take any action it considers necessary to

16 protect those forces if they are engaged.

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

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

19 interests that require the placement of United

20 States forces under United Nations command

21 or control.

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

23 forces involved.

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

25 the United States forces involved.
37

•HR 7 RFS

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

2 States of participation in the United Nations

3 operation by the United States forces which are

4 proposed to be placed under United Nations

5 command or control.

6 ‘‘(E) The precise command and control re7 lationship between the United States forces in8 volved and the United Nations command struc9 ture.

10 ‘‘(F) The precise command and control re11 lationship between the United States forces in12 volved and the commander of the United States

13 unified command for the region in which those

14 United States forces are to operate.

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

16 States forces involved will rely on non-United

17 States forces for security and self-defense and

18 an assessment on the ability of those non19 United States forces to provide adequate secu20 rity to the United States forces involved.

21 ‘‘(H) The timetable for complete with22 drawal of the United States forces involved.

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

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

25 if necessary, in classified form.
38

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1 ‘‘(g) UNITED NATIONS COMMAND OR CONTROL.—

2 For purposes of this section, an element of the Armed

3 Forces shall be considered to be placed under United Na4 tions command or control if—

5 ‘‘(1) that element is under the command or

6 operational control of an individual acting on behalf

7 of the United Nations for the purpose of inter8 national peacekeeping, peacemaking, peace-enforc9 ing, or similar activity that is authorized by the Se10 curity Council under chapter VI or VII of the Char11 ter of the United Nations; and

12 ‘‘(2) the senior military commander of the

13 United Nations force or operation—

14 ‘‘(A) is a foreign national or is a citizen of

15 the United States who is not a United States

16 military officer serving on active duty; or

17 ‘‘(B) is a United States military officer

18 serving on active duty but—

19 ‘‘(i) that element of the Armed Forces

20 is under the command or operational con21 trol of a subordinate commander who is a

22 foreign national or a citizen of the United

23 States who is not a United States military

24 officer serving on active duty; and
39

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1 ‘‘(ii) that senior military commander

2 does not have the authority—

3 ‘‘(I) to dismiss any subordinate

4 officer in the chain of command who

5 is exercising command or operational

6 control over United States forces and

7 who is a foreign national or a citizen

8 of the United States who is not a

9 United States military officer serving

10 on active duty;

11 ‘‘(II) to establish rules of engage12 ment for United States forces in13 volved; and

14 ‘‘(III) to establish criteria gov15 erning the operational employment of

16 United States forces involved.

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

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

19 be construed as an authorization to the President by the

20 Congress to make available to the Security Council United

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

22 (b) REPORT RELATING TO CONSTITUTIONALITY.—

23 No certification may be submitted by the President under

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

25 of 1945, as amended by subsection (a), until the President
40

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1 has submitted to the Congress (after the date of the enact2 ment of this Act) a memorandum of legal points and au3 thorities explaining why the placement of elements of

4 United States Armed Forces under the command or oper5 ational control of a foreign national acting on behalf of

6 the United Nations does not violate the Constitution.

7 (c) EXCEPTION FOR ONGOING OPERATION IN MAC8 EDONIA AND CROATIA.—Section 6 of the United Nations

9 Participation Act of 1945, as amended by subsection (a),

10 does not apply in the case of activities of the Armed

11 Forces as part of the United Nations force designated as

12 the United Nations Protection Force (UNPROFOR) that

13 are carried out—

14 (1) in Macedonia pursuant to United Nations

15 Security Council Resolution 795, adopted December

16 11, 1992, and subsequent reauthorization Resolu17 tions; or

18 (2) in Croatia pursuant to United Nations Se19 curity Council Resolution 743, adopted February 21,

20 1992, and subsequent reauthorization Resolutions.
41

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1 TITLE V—UNITED NATIONS

2 SEC. 501. CREDIT AGAINST ASSESSMENT FOR UNITED

3 STATES EXPENDITURES IN SUPPORT OF

4 UNITED NATIONS PEACEKEEPING OPER5 ATIONS.

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

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

8 at the end the following new section:

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

10 EXPENDITURES IN SUPPORT OF PEACEKEEPING OPER11 ATIONS.—

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

13 payment to the United Nations of the United States

14 assessed share of peacekeeping operations for a fis15 cal year only to the extent that—

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

17 exceeds—

18 ‘‘(B) the amount equal to—

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

20 report submitted pursuant to paragraph

21 (2) for the preceding fiscal year, reduced

22 by

23 ‘‘(ii) the amount of any reimburse24 ment or credit to the United States by the

25 United Nations for the costs of United
42

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1 States support for, or participation in,

2 United Nations peacekeeping activities for

3 that preceding fiscal year.

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

5 the time of submission of the budget to the Congress

6 for any fiscal year, submit to the designated con7 gressional committees a report on the total amount

8 of incremental costs incurred by the Department of

9 Defense during the preceding fiscal year to support

10 or participate in, directly or indirectly, United Na11 tions peacekeeping activities. Such report shall in12 clude a separate listing by United Nations peace13 keeping operation of the amount of incremental

14 costs incurred to support or participate in each such

15 operation.

16 ‘‘(3) DEFINITIONS.—For purposes of this sub17 section:

18 ‘‘(A) UNITED NATIONS PEACEKEEPING AC19 TIVITIES.—The term ‘United Nations peace20 keeping activities’ means any international

21 peacekeeping, peacemaking, peace-enforcing, or

22 similar activity that is authorized by the United

23 Nations Security Council under chapter VI or

24 VII of the Charter of the United Nations, ex25 cept that such term does not include any such
43

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1 activity authorized under chapter VII of such

2 Charter with respect to which the President has

3 certified to the Congress that the activity is of

4 such importance to the national security of the

5 United States that the United States would un6 dertake the activity unilaterally if it were not

7 authorized by the United Nations Security

8 Council.

9 ‘‘(B) DESIGNATED CONGRESSIONAL COM10 MITTEES.—The term ‘designated congressional

11 committees’ includes the Committee on Na12 tional Security of the House of Representatives

13 and the Committee on Armed Services of the

14 Senate.’’.

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

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

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

18 respect to United Nations assessments for peacekeeping

19 operations after fiscal year 1995.

20 SEC. 502. CODIFICATION OF REQUIRED NOTICE TO CON21 GRESS OF PROPOSED UNITED NATIONS

22 PEACEKEEPING ACTIVITIES.

23 (a) REQUIRED NOTICE.—Section 4 of the United Na24 tions Participation Act of 1945 (22 U.S.C. 287b) is

25 amended—
44

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1 (1) by striking the second sentence of sub2 section (a);

3 (2) by redesignating subsection (e) as sub4 section (f); and

5 (3) by inserting after subsection (d) a new sub6 section (e) consisting of the text of subsection (a) of

7 section 407 of the Foreign Relations Authorization

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

9 236), revised—

10 (A) in paragraph (2)—

11 (i) in the matter preceding subpara12 graph (A), by inserting ‘‘in written form

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

14 ‘‘shall be provided’’;

15 (ii) in subparagraph (A)(iv), by insert16 ing ‘‘(including facilities, training, trans17 portation, communication, and logistical

18 support, but not including intelligence ac19 tivities reportable under title V of the Na20 tional Security Act of 1947 (50 U.S.C. 413

21 et seq.))’’ after ‘‘covered by the resolu22 tion’’; and

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

24 at the end the following new clause:
45

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1 ‘‘(iv) A description of any other

2 United States assistance to or support for

3 the operation (including facilities, training,

4 transportation, communication, and

5 logistical support, but not including intel6 ligence activities reportable under title V of

7 the National Security Act of 1947 (50

8 U.S.C. 413 et seq.)), and an estimate of

9 the cost to the United States of such as10 sistance or support.’’;

11 (B) by striking paragraph (3);

12 (C) by redesignating paragraph (4) as

13 paragraph (3) and in the last sentence of sub14 paragraph (A) of that paragraph by striking

15 ‘‘and (ii)’’ and inserting ‘‘through (iv)’’;

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

17 redesignated) the following new paragraph:

18 ‘‘(4) NEW UNITED NATIONS PEACEKEEPING OP19 ERATION DEFINED.—As used in paragraphs (2) (B)

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

21 operation’ includes any existing or otherwise ongoing

22 United Nations peacekeeping operation—

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

24 25 percent during the period covered by the Se25 curity Council resolution, as measured by either
46

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1 the number of personnel participating (or au2 thorized to participate) in the operation or the

3 budget of the operation; or

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

5 a country in which it was not previously author6 ized to operate.’’; and

7 (E) in paragraph (5)—

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

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

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

11 REPORTS.—The President’’; and

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

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

14 inserting ‘‘subsection (d)’’.

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

16 407 of the Foreign Relations Authorization Act, Fiscal

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

18 (c) DESIGNATED CONGRESSIONAL COMMITTEES.—

19 Subsection (f) of section 4 of the United Nations Partici20 pation Act of 1945 (22 U.S.C. 287b(f)), as redesignated

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

22 ‘‘(f) DESIGNATED CONGRESSIONAL COMMITTEES.—

23 As used in this section, the term ‘designated congressional

24 committees’ has the meaning given such term in section

25 10(f).’’.
47

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1 SEC. 503. NOTICE TO CONGRESS REGARDING UNITED

2 STATES CONTRIBUTIONS FOR UNITED NA3 TIONS PEACEKEEPING ACTIVITIES.

4 Section 10 of the United Nations Participation Act

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

6 added by section 501, the following new subsection:

7 ‘‘(b) NOTICE TO CONGRESS REGARDING CONTRIBU8 TIONS FOR PEACEKEEPING ACTIVITIES.—

9 ‘‘(1) NOTICE REGARDING UNITED NATIONS

10 BILLING REQUEST.—Not later than 15 days after

11 the date on which the United States receives from

12 the United Nations a billing requesting a payment

13 by the United States of any contribution for United

14 Nations peacekeeping activities, the President shall

15 so notify the designated congressional committees.

16 ‘‘(2) NOTICE REGARDING PROPOSED OBLIGA17 TION OF FUNDS.—The President shall notify the

18 designated congressional committees at least 15 days

19 before the United States obligates funds for any as20 sessed or voluntary contribution for United Nations

21 peacekeeping activities, except that if the President

22 determines that an emergency exists which prevents

23 compliance with the requirement that such notifica24 tion be provided 15 days in advance and that such

25 contribution is in the national security interests of

26 the United States, such notification shall be pro-
48

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1 vided in a timely manner but no later than 48 hours

2 after such obligation.’’.

3 SEC. 504. REVISED NOTICE TO CONGRESS REGARDING

4 UNITED STATES ASSISTANCE FOR UNITED

5 NATIONS PEACEKEEPING ACTIVITIES.

6 Section 7 of the United Nations Participation Act of

7 1945 (22 U.S.C. 287d–1) is amended—

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

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

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

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

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

14 States Government makes available to the United Nations

15 any assistance or facility to support or facilitate United

16 Nations peacekeeping activities, the President shall so no17 tify the designated congressional committees.

18 ‘‘(2) Paragraph (1) does not apply to—

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

20 $1,000,000 in the case of nonreimbursable assist21 ance or less than $5,000,000 in the case of reim22 bursable assistance; or

23 ‘‘(B) assistance provided under the emergency

24 drawdown authority contained in sections 506(a)(1)
49

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

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

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

4 exists which prevents compliance with the requirement in

5 paragraph (1) that notification be provided 15 days in ad6 vance and that the contribution of any such assistance or

7 facility is in the national security interests of the United

8 States, such notification shall be provided in a timely man9 ner but not later than 48 hours after such assistance or

10 facility is made available to the United Nations.

11 ‘‘(4) For purposes of this subsection, the term ‘assist12 ance’—

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

14 logistical support, supplies, goods, or services (in15 cluding command, control or communications assist16 ance and training), and the grant of rights of pas17 sage; and

18 ‘‘(B) includes assistance provided through in19 kind contributions or through the provision of sup20 port, supplies, goods, or services on any terms, in21 cluding on a grant, lease, loan, or reimbursable

22 basis; but

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

24 or voluntary contributions or intelligence activities
50

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1 reportable under title V of the National Security Act

2 of 1947 (50 U.S.C. 413 et seq.).’’.

3 SEC. 505. UNITED STATES CONTRIBUTIONS TO UNITED NA4 TIONS PEACEKEEPING ACTIVITIES.

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

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

7 (1) by redesignating subparagraph (D) as sub8 paragraph (E); and

9 (2) by inserting after subparagraph (C) the fol10 lowing new subparagraph:

11 ‘‘(D) A description of the anticipated

12 budget for the next fiscal year for United

13 States participation in United Nations peace14 keeping activities, including a statement of—

15 ‘‘(i) the aggregate amount of funds

16 available to the United Nations for that

17 fiscal year, including assessed and vol18 untary contributions, which may be made

19 available for United Nations peacekeeping

20 activities; and

21 ‘‘(ii) the aggregate amount of funds

22 (from all accounts) and the aggregate costs

23 of in-kind contributions that the United

24 States proposes to make available to the
51

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1 United Nations for that fiscal year for

2 United Nations peacekeeping activities.’’.

3 SEC. 506. REIMBURSEMENT TO THE UNITED STATES FOR

4 IN-KIND CONTRIBUTIONS TO UNITED NA5 TIONS PEACEKEEPING ACTIVITIES.

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

7 Participation Act of 1945 (22 U.S.C. 287d–1), as amend8 ed by section 504, is further amended—

9 (1) in subsection (b)—

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

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

12 through ‘‘Provided further, That when’’ and in13 serting ‘‘United States. When’’; and

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

15 ‘‘(2) The Secretary of Defense may waive the require16 ment for reimbursement under paragraph (1) if the Sec17 retary, after consultation with the Secretary of State and

18 the Director of the Office of Management and Budget, de19 termines that an emergency exists which justifies waiver

20 of that requirement. Any such waiver shall be submitted

21 to the designated congressional committees, as defined in

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

23 except that if the President determines that an emergency

24 exists which prevents compliance with the requirement

25 that the notification be provided 15 days in advance and
52

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1 that the provision under subsection (a)(1) or (a)(2) of per2 sonnel or assistance on a nonreimbursable basis is in the

3 national security interests of the United States, such noti4 fication shall be provided in a timely manner but no later

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

6 (2) by adding at the end the following new sub7 section:

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

9 and services provided on a reimbursable basis by the De10 partment of Defense to the United Nations for United Na11 tions peacekeeping operations under this section or any

12 other provision of law are reimbursed at the appropriate

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

14 (b) INITIAL REPORT.—

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

16 after the date of the enactment of this Act, the Rep17 resentative of the United States to the United Na18 tions shall submit to the designated congressional

19 committees a report on all actions taken by the

20 United States mission to the United Nations to

21 achieve the objective described in section 7(f) of

22 theUnited Nations Participation Act of 1945, as

23 added by subsection (a)(2).

24 (2) DESIGNATED CONGRESSIONAL COMMITTEES

25 DEFINED.—As used in this subsection, the term
53

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1 ‘‘designated congressional committees’’ has the

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

3 the United Nations Participation Act of 1945, as

4 added by section 501.

5 SEC. 507. LIMITATION ON PAYMENT OF UNITED STATES AS6 SESSED OR VOLUNTARY CONTRIBUTIONS

7 FOR UNITED NATIONS PEACEKEEPING AC8 TIVITIES.

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

10 Participation Act of 1945 is amended by adding after sub11 section (b), as added by section 503, the following new

12 subsection:

13 ‘‘(c) LIMITATION ON PAYMENT OF ASSESSED OR

14 VOLUNTARY CONTRIBUTIONS FOR PEACEKEEPING AC15 TIVITIES.—

16 ‘‘(1) LIMITATION.—Appropriated funds may

17 not be used to pay any United States assessed or

18 voluntary contribution during any fiscal year for

19 United Nations peacekeeping activities until the Sec20 retary of Defense certifies to the designated congres21 sional committees that the United Nations has reim22 bursed the Department of Defense directly for all

23 goods and services—

24 ‘‘(A) that were provided to the United Na25 tions by the Department of Defense on a reim-
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1 bursable basis during a previous fiscal year

2 after fiscal year 1994 for United Nations peace3 keeping activities, including personnel and as4 sistance provided under section 7 (except to the

5 extent that the authority of subsection (b)(2) of

6 such section to waive the reimbursement re7 quirement was exercised with respect to such

8 personnel or assistance); and

9 ‘‘(B) for which a request for reimburse10 ment has been submitted to the United Nations

11 in accordance with paragraph (2).

12 ‘‘(2) REQUEST FOR REIMBURSEMENT.—The

13 President shall establish procedures for the submis14 sion to the United Nations of requests for reim15 bursement for goods and services provided to the

16 United Nations by the Department of Defense on a

17 reimbursable basis for United Nations peacekeeping

18 activities. Such procedures shall ensure that each

19 such request for reimbursement is submitted in a

20 timely manner.’’.

21 (b) EFFECTIVE DATE.—The limitation in section

22 10(c)(1) of the United Nations Participation Act of 1945,

23 as added by subsection (a), shall apply only with respect

24 to fiscal years after fiscal year 1995.
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1 SEC. 508. LIMITATION ON USE OF DEPARTMENT OF DE2 FENSE FUNDS FOR UNITED STATES SHARE

3 OF COSTS OF UNITED NATIONS PEACEKEEP4 ING ACTIVITIES.

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

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

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

8 section:

9 ‘‘§ 406. Use of Department of Defense funds for

10 United States share of costs of United Na11 tions peacekeeping activities: limitation

12 ‘‘(a) PROHIBITION ON USE OF FUNDS.—Funds avail13 able to the Department of Defense may not be used to

14 make a financial contribution (directly or through another

15 department or agency of the United States) to the United

16 Nations—

17 ‘‘(1) for the costs of a United Nations peace18 keeping activity; or

19 ‘‘(2) for any United States arrearage to the

20 United Nations.

21 ‘‘(b) APPLICATION OF PROHIBITION.—The prohibi22 tion in subsection (a) applies to voluntary contributions,

23 as well as to contributions pursuant to assessment by the

24 United Nations for the United States share of the costs

25 of a peacekeeping activity.’’.
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1 (2) The table of sections at the beginning of such

2 chapter is amended by adding at the end the following

3 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 10,

5 United States Code, as added by subsection (a), shall take

6 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 Nations

12 Participation Act of 1945 is amended by adding after sub13 section (c), as added by section 507, the following new

14 subsection:

15 ‘‘(d) LIMITATION ON ASSESSED CONTRIBUTION

16 WITH RESPECT TO A PEACEKEEPING OPERATION.—

17 Funds authorized to be appropriated for ‘Contributions

18 for International Peacekeeping Activities’ for any fiscal

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

20 States assessed contribution for a United Nations peace21 keeping operation in an amount which is greater than 20

22 percent of the total amount of all assessed contributions

23 for that operation, and any arrearages that accumulate

24 as a result of assessments in excess of 20 percent of the
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•HR 7 RFS

1 total amount of all assessed contributions for any United

2 Nations peacekeeping operation shall not be recognized or

3 paid by the United States. For any United Nations peace4 keeping operation that is initially authorized by the United

5 Nations Security Council before the date of the enactment

6 of this section, the applicable percentages under the pre7 ceding sentence shall be 25 percent. For United Nations

8 peacekeeping operations that are initially authorized by

9 the United Nations Security Council on or after the date

10 of the enactment of this section, the President may in11 crease the percentage limitations under the first sentence

12 of this subsection to a percentage not greater than 25 per13 cent. The President may exercise the authority under the

14 preceding sentence only after transmitting to Congress a

15 report providing notice of the percentage increase under

16 the preceding sentence and a statement of the reasons for

17 the increase.’’.

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
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•HR 7 RFS

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
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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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•HR 7 RFS

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 SEC. 512. CONDITIONS ON PROVISION OF INTELLIGENCE

12 TO THE UNITED NATIONS.

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

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

15 by adding at the end the following new section:

16 ‘‘SEC. 12. (a) PROVISION OF INTELLIGENCE INFOR17 MATION TO THE UNITED NATIONS.—Before intelligence

18 information is provided by the United States to the United

19 Nations, the President shall ensure that the Director of

20 Central Intelligence, in consultation with the Secretary of

21 State and the Secretary of Defense, has established guide22 lines governing the provision of intelligence information to

23 the United Nations which shall protect intelligence sources

24 and methods from unauthorized disclosure in accordance
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•HR 7 RFS

1 with section 103(c)(5) of the National Security Act of

2 1947 (50 U.S.C. 403–3(c)(5)).

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

4 President shall periodically report, but not less frequently

5 than semiannually, to the Committee on International Re6 lations and the Permanent Select Committee on Intel7 ligence of the House of Representatives and the Commit8 tee on Foreign Relations and the Select Committee on In9 telligence of the Senate on the types of intelligence pro10 vided to the United Nations and the purposes for which

11 it was provided during the period covered by the report.

12 The President shall also report to the Permanent Select

13 Committee on Intelligence of the House of Representatives

14 and the Select Committee on Intelligence of the Senate,

15 within 15 days after it becomes known to him, any unau16 thorized disclosure of intelligence provided to the United

17 Nations.

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

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

20 apply to the provision of intelligence that is provided only

21 to, and for the use of, United States Government person22 nel serving with the United Nations.

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

24 not delegate or assign the duties of the President under

25 this section.
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•HR 7 RFS

1 ‘‘(d) IMPROVED HANDLING OF INTELLIGENCE IN2 FORMATION BY THE UNITED NATIONS.—The Secretary of

3 State (or the designee of the Secretary), in consultation

4 with the Director of Central Intelligence and the Secretary

5 of Defense, shall work with the United Nations to improve

6 the handling, processing, dissemination, and management

7 of all intelligence information provided to it by its mem8 bers.

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

10 this section shall be construed to—

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

12 the Director of Central Intelligence to protect intel13 ligence sources and methods from unauthorized dis14 closure pursuant to section 103(c)(5) of the Na15 tional Security Act of 1947 (50 U.S.C. 403–3(c)(5));

16 or

17 ‘‘(2) supersede or otherwise affect the provi18 sions of title V of the National Security Act of 1947

19 (50 U.S.C. 413 et seq.).’’.

20 (b) EFFECTIVE DATE.—The amendment made by

21 subsection (a) shall take effect 45 days after the date of

22 the enactment of this Act.
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•HR 7 RFS

1 SEC. 513. REPORT REGARDING REIMBURSEMENT LEVELS

2 PAID BY UNITED NATIONS FOR COSTS IN3 CURRED BY NATIONS AND CONTRACTORS

4 FURNISHING PERSONNEL FOR PEACEKEEP5 ING ACTIVITIES.

6 (a) INFORMATION RELATING TO NATIONS FURNISH7 ING FORCES.—The Secretary of State shall submit to the

8 Congress a report on the amounts paid by the United Na9 tions during 1994 as compensation for expenses incurred

10 by nations which have provided forces for United Nations

11 peacekeeping activities. The report shall set forth—

12 (1) the total amount paid to each such nation

13 by the United Nations during 1994 for such pur14 pose; and

15 (2) with respect to each such nation, the total

16 amount that such nation spent for peacekeeping ac17 tivities for which it received a payment from the

18 United Nations during 1994, with separate displays

19 for the portion of that amount spent for pay and al20 lowances for personnel of that nation’s Armed

21 Forces (including credit for longevity and retire22 ment), for other perquisites relating to the duty of

23 such personnel as part of such peacekeeping activi24 ties, and to the extent possible for related incremen25 tal costs incurred by such nation as part of such

26 peacekeeping activities.
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1 (b) INFORMATION RELATING TO CONTRACTORS.—

2 (1) COMPENSATION LEVELS.—The Secretary

3 shall include in the report under subsection (a) a

4 separate report on amounts paid by the United Na5 tions during 1994 under contracts entered into by

6 the United Nations for the provision of civilian man7 agement services relating to United Nations peace8 keeping activities. The report shall include informa9 tion on the level of individual compensation received

10 by those contractors, or employees of those contrac11 tors, with respect to those peacekeeping activities,

12 including the level of salary, benefits, and allow13 ances.

14 (2) CONTRACTING PROCESS.—The Secretary

15 shall include in the report a review of the process by

16 which the United Nations selects contractors for the

17 provision of civilian management services relating to

18 United Nations peacekeeping activities. That review

19 shall describe the extent to which that process per20 mits competitive bidding.

21 (c) PLAN FOR REFORM.—The Secretary shall include

22 in the report under subsection (a) a plan for actions the

23 United States can take to encourage the United Nations

24 to reform the existing system for reimbursement to na25 tions which provide forces for United Nations peacekeep-
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•HR 7 RFS

1 ing activities. The plan shall include recommended steps

2 leading to a reimbursement system in which nations con3 tributing forces to a United Nations peacekeeping activity

4 are compensated by the United Nations in a manner that

5 more accurately reflects their actual costs incurred in par6 ticipating in that activity.

7 (d) DEADLINE FOR REPORT.—The report required

8 by subsection (a) shall be submitted not later than 90 days

9 after the date of the enactment of this 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 Expansion Act

15 of 1995’’.

16 SEC. 602. FINDINGS.

17 The Congress makes the following findings:

18 (1) Since 1949, the North Atlantic Treaty Or19 ganization (NATO) has helped to guarantee the se20 curity, freedom, and prosperity of the United States

21 and its partners in the alliance.

22 (2) NATO has expanded its membership on

23 three different occasions since its founding in 1949.

24 (3) The steadfast and sustained commitment of

25 the member countries of NATO to mutual defense
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1 against the threat of communist domination played

2 a significant role in precipitating the collapse of the

3 Iron Curtain and the demise of the Soviet Union.

4 (4) Although new threats are more geographi5 cally and functionally diverse and less predictable,

6 they still imperil shared interests of the United

7 States and its NATO allies.

8 (5) Western interests must be protected on a

9 cooperative basis without an undue burden falling

10 upon the United States.

11 (6) NATO is the only multilateral organization

12 that is capable of conducting effective military oper13 ations to protect Western interests.

14 (7) The valuable experience gained from ongo15 ing military cooperation within NATO was critical to

16 the success of joint military operations in the 1991

17 liberation of Kuwait.

18 (8) NATO is an important diplomatic forum for

19 discussion of issues of concern to its member states

20 and for the peaceful resolution of disputes.

21 (9) Admission of Central and East European

22 countries that have recently been freed from com23 munist domination to NATO could contribute to

24 international peace and enhance the security of

25 those countries.
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1 (10) By joining the Partnership for Peace, a

2 number of countries have expressed interest in

3 NATO membership.

4 (11) The Partnership for Peace program is cre5 ating new political and military ties with countries

6 in Central and Eastern Europe and provides the

7 basis for joint action to deal with common security

8 problems. Active participation in the Partnership for

9 Peace will also play an important role in the evolu10 tionary process of NATO expansion.

11 (12) Numerous Central and East European

12 countries, particularly Poland, Hungary, the Czech

13 Republic, and Slovakia, have made significant

14 progress toward establishing democratic institutions,

15 free market economies, civilian control of their

16 Armed Forces, police, and intelligence services, and

17 the rule of law since the fall of their previous com18 munist governments.

19 SEC. 603. UNITED STATES POLICY.

20 It should be the policy of the United States—

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

22 active leadership role in NATO;

23 (2) to join with the Nation’s NATO allies to re24 define the role of the alliance in the post-Cold War

25 world, taking into account—
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1 (A) the fundamentally changed security en2 vironment of Central and Eastern Europe;

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

4 defensive nature of the alliance and the desire

5 of its members to work cooperatively with all

6 former adversaries;

7 (C) the emerging security threats posed by

8 the proliferation of nuclear, chemical, and bio9 logical weapons of mass destruction and the

10 means to deliver them;

11 (D) the continuing challenges to the inter12 ests of all NATO member countries posed by

13 unstable and undemocratic regimes harboring

14 hostile intentions; and

15 (E) the dependence of the global economy

16 on a stable energy supply and the free flow of

17 commerce;

18 (3) to affirm that NATO military planning

19 should include joint military operations beyond the

20 geographic bounds of the alliance under Article 4 of

21 the North Atlantic Treaty when the shared interests

22 of the United States and other member countries re23 quire such action to defend vital interests;

24 (4) to expeditiously pursue joint cooperation

25 agreements for the acquisition of essential systems
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1 to significantly increase the crisis management capa2 bility of NATO;

3 (5) that Poland, Hungary, the Czech Republic,

4 and Slovakia should be in a position to further the

5 principles of the North Atlantic Treaty and to con6 tribute to the security of the North Atlantic area in

7 the near future, and, in accordance with Article 10

8 of such Treaty, should be invited to become full

9 NATO members, provided these countries—

10 (A) meet appropriate standards, includ11 ing—

12 (i) shared values and interests;

13 (ii) democratic governments;

14 (iii) free market economies;

15 (iv) civilian control of the military, of

16 the police, and of the intelligence and other

17 security services, so that these organiza18 tions do not pose a threat to democratic

19 institutions, neighboring countries, or the

20 security of NATO or the United States;

21 (v) adherence to the rule of law and

22 to the values, principles, and political com23 mitments set forth in the Helsinki Final

24 Act and other declarations by the members
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1 of the Organization on Security and Co2 operation in Europe;

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 and ability to accept

7 the obligations, responsibilities, and costs

8 of NATO membership; and

9 (viii) commitment and ability to im10 plement infrastructure development activi11 ties that will facilitate participation in and

12 support for NATO military activities; and

13 (B) remain committed to protecting the

14 rights of all their citizens and respecting the

15 territorial integrity of their neighbors;

16 (6) that the United States, other NATO mem17 ber nations, and NATO itself should furnish appro18 priate assistance to facilitate the transition of Po19 land, Hungary, the Czech Republic, and Slovakia to

20 full NATO membership;

21 (7) that, when any other European country

22 emerging from communist domination is in a posi23 tion to further the principles of the North Atlantic

24 Treaty and to contribute to the security of the

25 North Atlantic area, it should, in accordance with
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1 Article 10 of such Treaty, be invited to become a full

2 NATO member, provided it—

3 (A) meets appropriate standards, including

4 each of the standards specified in clauses (i)

5 through (viii) of paragraph (5)(A); and

6 (B) remains committed to protecting the

7 rights of all its citizens and respecting the terri8 torial integrity of its neighbors;

9 (8) that the United States, other NATO mem10 ber nations, and NATO itself should furnish appro11 priate assistance to facilitate the transition of other

12 European countries emerging from communist domi13 nation to full NATO membership at the appropriate

14 time;

15 (9) to reaffirm Article 10 of the North Atlantic

16 Treaty and the policy decision of the North Atlantic

17 Council on December 1, 1994, that—

18 (A) each new member nation may be ad19 mitted to NATO only by amendment to the

20 North Atlantic Treaty; and

21 (B) each current NATO member nation

22 will have to complete the treaty amendment

23 ratification process for the admission of each

24 new member nation to NATO, subject to the in25 ternal legal processes of each current NATO
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1 member nation, and that in the case of the

2 United States, the treaty amendment ratifica3 tion process will require advice and consent of

4 two-thirds of the members of the United States

5 Senate present and voting;

6 (10) that the expansion of NATO should be de7 fensive in nature and should occur in a manner that

8 increases stability for all nations of Europe, includ9 ing both NATO member nations and non-NATO

10 member nations, including Russia; and

11 (11) that NATO and its member nations should

12 work to strengthen other structures of security in

13 Europe.

14 SEC. 604. REVISIONS TO PROGRAM TO FACILITATE TRANSI15 TION TO NATO MEMBERSHIP.

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

17 of section 203 of the NATO Participation Act of 1994

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

19 is amended to read as follows:

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

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

22 NATO membership of Poland, Hungary, the Czech Re23 public, and Slovakia and any other European country

24 emerging from communist domination that is designated

25 by the President under subsection (d)(2).’’.
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1 (b) ELIGIBLE COUNTRIES.—

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

3 of such section is amended to read as follows:

4 ‘‘(d) DESIGNATION OF ELIGIBLE COUNTRIES.—

5 ‘‘(1) SPECIFIED COUNTRIES.—The following

6 countries are hereby designated for purposes of this

7 title: Poland, Hungary, the Czech Republic, and Slo8 vakia.

9 ‘‘(2) AUTHORITY FOR PRESIDENT TO DES10 IGNATE OTHER EUROPEAN COUNTRIES EMERGING

11 FROM COMMUNIST DOMINATION.—The President

12 may designate other European countries emerging

13 from communist domination (as defined in section

14 206) to receive assistance under the program estab15 lished under subsection (a). The President may

16 make such a designation in the case of any such

17 country only if the President determines, and re18 ports to the designated congressional committees,

19 that such country—

20 ‘‘(A) has made significant progress toward

21 establishing—

22 ‘‘(i) shared values and interests;

23 ‘‘(ii) democratic governments;

24 ‘‘(iii) free market economies;
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1 ‘‘(iv) civilian control of the military, of

2 the police, and of the intelligence and other

3 security services, so that these organiza4 tions do not pose a threat to democratic

5 institutions, neighboring countries, or the

6 security of NATO or the United States;

7 ‘‘(v) adherence to the rule of law and

8 to the values, principles, and political com9 mitments set forth in the Helsinki Final

10 Act and other declarations by the members

11 of the Organization on Security and Co12 operation in Europe;

13 ‘‘(vi) commitment to further the prin14 ciples of NATO and to contribute to the

15 security of the North Atlantic area;

16 ‘‘(vii) commitment and ability to ac17 cept the obligations, responsibilities, and

18 costs of NATO membership; and

19 ‘‘(viii) commitment and ability to im20 plement infrastructure development activi21 ties that will facilitate participation in and

22 support for NATO military activities; and

23 ‘‘(B) is likely, within five years of such de24 termination, to be in a position to further the

25 principles of the North Atlantic Treaty and to
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1 contribute to the security of the North Atlantic

2 area.’’.

3 (2) CONFORMING AMENDMENTS.—

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

5 are amended by striking ‘‘countries described in

6 such subsection’’ and inserting ‘‘countries des7 ignated under subsection (d)’’.

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

9 amended—

10 (i) by striking ‘‘subsection (d)’’ and

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

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

13 before the period at the end.

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

15 by striking ‘‘any other Partnership for Peace

16 country designated under section 203(d) of this

17 title’’ and inserting ‘‘any country designated

18 under section 203(d)(2)’’.

19 (c) TYPES OF ASSISTANCE.—

20 (1) ECONOMIC SUPPORT ASSISTANCE.—Sub21 section (c) of section 203 of such Act is amended—

22 (A) by redesignating paragraphs (3) and

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

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

25 following new paragraph (3):
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1 ‘‘(3) Assistance under chapter 4 of part II of

2 the Foreign Assistance Act of 1961 (relating to the

3 Economic Support Fund).’’.

4 (2) ADDITIONAL ASSISTANCE.—

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

6 section is amended to read as follows:

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

8 program established under subsection (a), the President

9 may, in addition to the security assistance authorized to

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

11 countries designated under subsection (d) from funds ap12 propriated under the ‘Nonproliferation and Disarmament

13 Fund’ account.’’.

14 (B) EFFECTIVE DATE.—The amendment

15 made by subparagraph (A) does not apply with

16 respect to funds appropriated before the date of

17 the enactment of this Act.

18 (d) DISQUALIFICATION FROM ASSISTANCE FOR SUP19 PORT OF TERRORISM.—Section 203 of such Act is further

20 amended by adding at the end the following new sub21 section:

22 ‘‘(g) PROHIBITION ON PROVIDING ASSISTANCE TO

23 COUNTRIES THAT PROVIDE DEFENSE ARTICLES TO

24 COUNTRIES SUPPORTING INTERNATIONAL TERRORISM.—

25 The President may not provide assistance to a country
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1 under the program established under subsection (a) if

2 such country is selling or transferring defense articles to

3 a state that has repeatedly provided support for acts of

4 international terrorism, as determined by the Secretary of

5 State under section 6(j) of the Export Administration Act

6 of 1979.’’.

7 (e) REPORT PRIOR TO OBLIGATION OR EXPENDI8 TURE OF FUNDS.—Section 203 of such Act (as amended

9 by subsection (d)) is further amended by adding at the

10 end the following:

11 ‘‘(h) REPORT PRIOR TO OBLIGATION OR EXPENDI12 TURE OF FUNDS.—Prior to providing assistance to a

13 country for the first time through the program established

14 under subsection (a), the President shall transmit to the

15 designated congressional committees a report with respect

16 to that country that contains a description of the follow17 ing:

18 ‘‘(1) The cost of membership in NATO for the

19 country and the amount that the country is prepared

20 to contribute to NATO to pay for such cost of mem21 bership.

22 ‘‘(2) The amount that the United States will

23 contribute to facilitate transition to full NATO

24 membership for the country.
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1 ‘‘(3) The extent to which the admission to

2 NATO of the country would contribute to the secu3 rity of the United States.

4 ‘‘(4) The views of other NATO member nations

5 regarding the admission to NATO of the country

6 and the amounts that such other NATO member na7 tions will contribute to facilitate transition to full

8 NATO membership for the country.

9 ‘‘(5) The number, types, and costs of NATO

10 Armed Forces that would be required to defend the

11 country and the number, types, and costs of United

12 States Armed Forces that would be required as part

13 of such a NATO force.

14 ‘‘(6) Whether the United States is prepared to

15 provide a nuclear guarantee to the country.

16 ‘‘(7) The likelihood that the country may be17 come involved in disputes or armed conflict with

18 neighboring countries in the region.’’.

19 (f) ANNUAL REPORT.—Section 205 of the NATO

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

21 447; 22 U.S.C. 1928 note) is amended—

22 (1) by inserting ‘‘ANNUAL’’ in the section

23 heading before the first word;

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

25 in the matter preceding paragraph (1); and
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1 (3) in paragraphs (1) and (2), by striking ‘‘and

2 other’’ and all that follows through the period at the

3 end and inserting ‘‘and any country designated by

4 the President pursuant to section 203(d)(2).’’.

5 (g) DEFINITIONS.—The NATO Participation Act of

6 1994 (title II of Public Law 103–447; 22 U.S.C. 1928

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

8 section:

9 ‘‘SEC. 206. DEFINITIONS.

10 ‘‘For purposes of this title:

11 ‘‘(1) NATO.—The term ‘NATO’ means the

12 North Atlantic Treaty Organization.

13 ‘‘(2) OTHER EUROPEAN COUNTRIES EMERGING

14 FROM COMMUNIST DOMINATION.—The term ‘other

15 European countries emerging from communist domi16 nation’ means any full and active participant in the

17 Partnership for Peace that—

18 ‘‘(A) is among the following countries: Es19 tonia, Latvia, Lithuania, Romania, Bulgaria, or

20 Albania; or

21 ‘‘(B) is among certain countries that were

22 a part of the former Union of Soviet Socialist

23 Republics or that were part of the former So24 cialist Federal Republic of Yugoslavia, which
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1 the President may designate pursuant to sec2 tion 203(d)(2) of this Act.

3 ‘‘(3) DESIGNATED CONGRESSIONAL COMMIT4 TEES.—The term ‘designated congressional commit5 tees’ means—

6 ‘‘(A) the Committee on International Rela7 tions, the Committee on National Security, and

8 the Committee on Appropriations of the House

9 of Representatives; and

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

11 the Committee on Armed Services, and the

12 Committee on Appropriations of the Senate.’’.

13 TITLE VII—BUDGET FIREWALLS

14 SEC. 701. RESTORATION OF BUDGET FIREWALLS FOR DE15 FENSE SPENDING.

16 It is the sense of the Congress that, in order to pro17 tect against the diversion of defense funding to domestic

18 discretionary accounts, so-called ‘‘budget firewalls’’ be19 tween defense and domestic discretionary spending should

20 be established for each of fiscal years 1996, 1997, and

21 1998.

Passed the House of Representatives February 16,

1995.

Attest: ROBIN H. CARLE,

Clerk.

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