I
103D CONGRESS
2D SESSION
H. R. 3744
To amend the United Nations Participation Act of 1945 to facilitate coordina-
tion between the executive and legislative branches of Government regard-
ing United States participation in, or the use of United States funds
for, United Nations peacekeeping activities.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 26, 1994
Mr. HYDE (for himself, Mr. GILMAN, Mr. SPENCE, Mr. COMBEST, Ms.
SNOWE, and Mr. ROGERS) introduced the following bill; which was re-
ferred jointly to the Committees on Foreign Affairs, Armed Services, and
Permanent Select Committee on Intelligence
A BILL
To amend the United Nations Participation Act of 1945
to facilitate coordination between the executive and legis-
lative branches of Government regarding United States
participation in, or the use of United States funds for,
United Nations peacekeeping activities.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Peace Powers Act of
1994’’.
SEC. 2. STATEMENT OF PURPOSES.
The purposes of this Act are to—
(1) maintain and ensure the primacy of United
States national security interests with respect to
United States participation in and support for Unit-
ed Nations peacekeeping activities;
(2) strengthen congressional oversight of Unit-
ed Nations peacekeeping activities and other United
Nations activities;
(3) provide for advance notification to the Con-
gress regarding anticipated United Nations peace-
keeping activities;
(4) ensure that the United States contributions
to United Nations peacekeeping activities are fair
and equitable; and
(5) otherwise facilitate coordination between the
executive and legislative branches of Government re-
garding United States participation in and support
for United Nations peacekeeping activities.
SEC. 3. DEFINITIONS.
(a) AMENDMENT.—The United Nations Participation
Act of 1945 (22 U.S.C. 287–287e–1) is amended by add-
ing at the end the following new section:
‘‘SEC. 10. For purposes of this Act—
‘‘(1) the term ‘appropriate congressional com-
mittees’ means the Committee on Appropriations,
the Committee on Armed Services, and the Commit-
tee on Foreign Relations of the Senate and the Com-
mittee on Appropriations, the Committee on Armed
Services, and the Committee on Foreign Affairs of
the House of Representatives;
‘‘(2) the term ‘Permanent Representative’
means the Permanent Representative of the United
States to the United Nations appointed by the Presi-
dent pursuant to section 2 of this Act; and
‘‘(3) the term ‘United Nations peacekeeping ac-
tivities’ means any international peacekeeping,
peacemaking, peace-enforcing, or similar activity in-
volving the use of nationals of member countries of
the United Nations that is authorized by the Secu-
rity Council under chapter VI or VII of the United
Nations Charter.’’.
(b) APPLICABILITY
TO NONAMENDATORY PROVI-
SIONS.—The definitions contained in the amendment
made by subsection (a) also apply with respect to the pro-
visions of this Act that do not amend the United Nations
Participation Act of 1945.
SEC. 4. LIMITATION ON PLACEMENT OF UNITED STATES
ARMED FORCES UNDER FOREIGN CONTROL
FOR A UNITED NATIONS PEACEKEEPING AC-
TIVITY.
Section 6 of the United Nations Participation Act (22
U.S.C. 287d) is amended to read as follows:
‘‘SEC. 6. (a) Any special agreement or agreements ne-
gotiated by the President with the Security Council pro-
viding for the numbers and types of United States Armed
Forces, their degree of readiness and general locations, or
the nature of facilities and assistance, including rights of
passage, to be made available to the Security Council for
the purpose of maintaining international peace and secu-
rity in accordance with Article 43 of the United Nations
Charter, shall be subject to the approval of the Congress
by Act or joint resolution.
‘‘(b) The President may not subordinate to the com-
mand or operational control of any foreign nationals any
element of the United States Armed Forces participating
in any United Nations peacekeeping activity unless—
‘‘(1) the President satisfies the requirements of
subsection (c); or
‘‘(2) the Congress enacts an Act or joint resolu-
tion specifically authorizing such subordination.
‘‘(c)(1) The requirements referred to in subsection
(b)(1) are that the President submit to the appropriate
congressional committees (at the time specified in para-
graph (2) of this subsection) the following documents:
‘‘(A) A determination by the President that—
‘‘(i) the proposed subordination of United
States Armed Forces to foreign command is in
the national security interest of the United
States;
‘‘(ii) the unit commanders of the United
States Armed Forces proposed for subordina-
tion to the command of foreign nationals will at
all times retain the ability to report independ-
ently to higher United States military authori-
ties;
‘‘(iii) the United States will retain author-
ity to withdraw the United States Armed
Forces from the United Nations peacekeeping
activity at any time and to take action it deems
necessary to protect those forces if they are en-
dangered; and
‘‘(iv) the United States Armed Forces sub-
ordinated to the command of foreign nationals
will at all times remain under United States ad-
ministrative command for such purposes as dis-
cipline and evaluation.
‘‘(B) The justification for the determination
made pursuant to subparagraph (A)(i).
‘‘(C) A memorandum of legal points and au-
thorities explaining why the proposed foreign com-
mand arrangement does not violate the Constitution
of the United States.
‘‘(2) The documents described in paragraph (1) shall
be submitted to the appropriate congressional committees
not less than 15 days before any element of the United
States Armed Forces is subordinated to the command and
control of a foreign national, except that if the President
determines that an emergency exists which prevents com-
pliance with the requirement that notice be provided 15
days in advance, those documents shall be submitted in
a timely manner but no later than 48 hours after such
subordination.
‘‘(d) Except as authorized in section 7 of this Act,
nothing contained in this Act shall be construed as an au-
thorization to the President by the Congress to make
available to the Security Council United States Armed
Forces, facilities, or assistance.’’.
SEC. 5. NOTICE TO CONGRESS OF PROPOSED UNITED NA-
TIONS PEACEKEEPING ACTIVITIES.
Section 4 of the United Nations Participation Act of
1945 (22 U.S.C. 287b) is amended—
(1) by striking the second sentence;
(2) by inserting ‘‘(a)’’ before ‘‘The President’’;
and
(3) by adding at the end the following:
‘‘(b)(1) Except as provided in paragraph (2), at least
15 days before any vote in the Security Council to author-
ize any United Nations peacekeeping activity or any other
action under the Charter of the United Nations (including
any extension, modification, suspension, or termination of
any previously authorized United Nations peacekeeping
activity or other action) which would involve the use of
United States Armed Forces or the expenditure of United
States funds, the President shall submit to the appro-
priate congressional committees a notification with respect
to the proposed action. This notification shall include a
description of any anticipated involvement of United
States Armed Forces, a cost assessment of such action
(including the total estimated cost and the United States
share of such cost), the mission and objectives of United
States Armed Forces that would participate in such ac-
tion, the duration and estimated termination date of the
action, and the source of funding for the United States
share of the costs of the action (whether in an annual
budget request, reprogramming notification, a budget
amendment, or a supplemental budget request).
‘‘(2) If the President determines that an emergency
exists which prevents submission of the 15-day advance
notification specified in paragraph (1) and that the pro-
posed action is in the national security interests of the
United States, the notification described in paragraph (1)
shall be provided in a timely manner but no later than
48 hours after the vote by the Security Council.’’.
SEC. 6. TRANSMITTAL TO CONGRESS OF UNITED NATIONS
RESOLUTIONS AND REPORTS.
Section 4 of the United Nations Participation Act of
1945 (22 U.S.C. 287b), as amended by section 5 of this
Act, is further amended by adding at the end the follow-
ing:
‘‘(c)(1) Not later than 24 hours after adoption by the
Security Council of a resolution authorizing United Na-
tions peacekeeping activities or any other action under the
Charter of the United Nations (including any extension,
modification, suspension, or termination of any previously
authorized United Nations peacekeeping activity or other
action) which would involve the use of United States
Armed Forces or the expenditure of United States funds,
the Permanent Representative shall transmit the text of
such resolution and any supporting documentation to the
appropriate congressional committees.