H. R. 3116—59
(1) the United States entered into Operation Restore Hope
in December of 1992 for the purpose of relieving mass starva-
tion in Somalia;
(2) the original mission in Somalia, to secure the environ-
ment for humanitarian relief, had the unanimous support of
the Senate, expressed in Senate Joint Resolution 45, passed
on February 4, 1993, and was endorsed by the House when
it amended S.J. Res. 45 on May 25, 1993;
(3) Operation Restore Hope was being successfully accom-
plished by United States forces, working with forces of other
nations, when it was replaced by the UNOSOM II mission,
assumed by the United Nations on May 4, 1993, pursuant
to United Nations Resolution 814 of March 26, 1993;
(4) neither the expanded United Nations mission of
national reconciliation, nor the broad mission of disarming the
clans, nor any other mission not essential to the performance
of the humanitarian mission has been endorsed or approved
by the Senate;
(5) the expanded mission of the United Nations was, subse-
quent to an attack upon United Nations forces, diverted into
a mission aimed primarily at capturing certain persons, pursu-
ant to United Nations Security Council Resolution 837, of June
6, 1993;
(6) the actions of hostile elements in Mogadishu, and the
United Nations mission to subdue those elements, have resulted
in open conflict in the city of Mogadishu and the deaths of
29 Americans, at least 159 wounded, and the capture of Amer-
ican personnel; and
(7) during fiscal years 1992 and 1993, the United States
incurred expenses in excess of $1,100,000,000 to support oper-
ations in Somalia.
(b) The Congress approves the use of United States Armed
Forces in Somalia for the following purposes:
(1) The protection of United States personnel and bases;
and
(2) The provision of assistance in securing open lines of
communication for the free flow of supplies and relief operations
through the provision of—
(A) United States military logistical support services
to United Nations forces; and
(B) United States combat forces in a security role and
as an interim force protection supplement to United
Nations units: Provided, That funds appropriated, or other-
wise made available, in this or any other Act to the Depart-
ment of Defense may be obligated for expenses incurred
only through March 31, 1994, for the operations of United
States Armed Forces in Somalia: Provided further, That
such date may be extended if so requested by the President
and authorized by the Congress: Provided further, That
funds may be obligated beyond March 31, 1994 to support
a limited number of United States military personnel suffi-
cient only to protect American diplomatic facilities and
American citizens, and noncombat personnel to advise the
United Nations commander in Somalia: Provided further,
That United States combat forces in Somalia shall be under
the command and control of United States commanders
under the ultimate direction of the President of the United
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H. R. 3116—60
States: Provided further, That the President should inten-
sify efforts to have United Nations member countries imme-
diately deploy additional troops to Somalia to fulfill pre-
vious force commitments made to the United Nations and
to deploy additional forces to assume the security missions
of United States Armed Forces: Provided further, That—
(i) captured United States personnel in Somalia
should be treated humanely and fairly; and
(ii) the United States and the United Nations
should make all appropriate efforts to ensure the
immediate and safe return of any future captured
United States personnel: Provided further, That the
President should ensure that, at all times, United
States military personnel in Somalia have the capacity
to defend themselves, and American citizens: Provided
further, That the United States Armed Forces should
remain deployed in or around Somalia until such time
as all American service personnel missing in action
in Somalia are accounted for, and all American service
personnel held prisoner in Somalia are released: Pro-
vided further, That nothing herein shall be deemed
to restrict in any way the authority of the President
under the Constitution to protect the lives of Ameri-
cans.
SEC. 8152. Funds appropriated by this Act for intelligence
or intelligence-related activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal year
1994 until the enactment of the Intelligence Authorization Act
for fiscal year 1994.
SEC. 8153. (1) Except as provided in subsection (c) below, it
is the sense of the Congress that none of the funds appropriated
by this Act should be obligated or expended for costs incurred
by the United States Armed Forces units serving in any inter-
national peacekeeping or peace-enforcement operations under the
authority of Chapter VI or Chapter VII of the United Nations
Charter and under the authority of a United Nations Security
Council Resolution, or for costs incurred by United States Armed
Forces serving in any significant international humanitarian, peace-
keeping or peace-enforcement operations, unless—
(a) the President initiates consultations with the bi-par-
tisan leadership of Congress, including the leadership of the
relevant committees, regarding such operations; these consulta-
tions should be initiated at least fifteen days prior to the
initial deployment of United States Armed Forces units to
participate in such an operation, whenever possible, but in
no case later than forty-eight hours after such a deployment;
and these consultations should continue on a periodic basis
throughout the period of the deployment;
(b) such consultation should include discussion of—
(1) the goals of the operation and the mission of any
United States Armed Forces units involved in the oper-
ation;
(2) the United States’ interests that will be served
by the operation;
(3) the estimated cost of the operation;
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H. R. 3116—61
(4) the strategy by which the President proposes to
fund the operation, including possible supplemental appro-
priations or payments from international organizations, for-
eign countries or other donors;
(5) the extent of involvement of armed forces and other
contributions of personnel from other nations;
(6) the operation’s anticipated duration and scope;
(c) subsection (a) does not apply with respect to an inter-
national humanitarian assistance operation carried out in
response to natural disasters; or to any other international
humanitarian assistance operation if the President reports to
Congress that the estimated cost of such operation is less
than $50,000,000.
(2) Further, it is the sense of the Congress—
(a) that the President should seek a supplemental appro-
priation to defray the costs of United States military operations
in Somalia in order to restore needed operation and mainte-
nance funds for United States Armed Forces;
(b) that the President should seek supplemental appropria-
tions for any significant future deployment of United States
Armed Forces when such forces are to perform or have been
performing international humanitarian, peacekeeping or peace-
enforcement operations.
SEC. 8154. The Department shall ensure that the A–6 rewing
contracts are terminated this fiscal year: Provided, That none of
the funds recouped by the Department through the termination
of the A–6 rewing program shall be available for obligation or
expenditure during this fiscal year.
SEC. 8155. None of the funds available to the Department
of Defense shall be available to make progress payments based
on costs to large business concerns at rates in excess of 75 percent
on contract solicitations issued after enactment of this Act.
SEC. 8156. Not to exceed $100,000,000 of the funds provided
in this Act may be made available for payment to non-United
States government entities for logistical support of Somalia oper-
ations: Provided, That the Congressional Defense Committees are
notified in advance of any obligations providing such support: Pro-
vided further, That any funds obligated pursuant to this authority
shall be reimbursed by the United Nations to the Department
of Defense to the originating appropriations.
TITLE IX
SEC. 9001. Congress makes the following findings:
(1) The Armed Forces of the United States have conducted
combat operations under the operational control of foreign
commanders on numerous occasions, including during two
World Wars.
(2) Regional security organizations, such as the North
Atlantic Treaty Organization, are premised on military oper-
ations by the forces of a number of nations under an integrated
chain of command consisting of officers from member nations.
(3) The end of the Cold War has seen a substantial increase
in the conduct of international ‘‘peacekeeping’’ and ‘‘peace
enforcement’’ operations pursuant to decisions of the United
Nations Security Council under Chapters VI and VII of the
United Nations Charter.
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H. R. 3116—62
(4) The United Nations has conducted traditional ‘‘peace-
keeping’’ operations successfully over the years, but the number
and size of such operations has stretched the Organization’s
management and oversight capabilities thin.
(5) The United Nations has not yet acquired the expertise
or infrastructure to enable it to effectively manage ‘‘peace
enforcement’’ operations.
(6) Any special agreement negotiated by the President with
the United Nations Security Council to make units of the
United States Armed Forces available on call to the United
Nations must be approved by the Congress pursuant to the
United Nations Participation Act, enacted into law in 1945.
(7) Any decision by the President to place combat forces
of the Armed Forces of the United States under the operational
control of foreign commanders, other than pursuant to the
North Atlantic Treaty and other arrangements in effect at
the time of the enactment of this Act, has significant con-
sequences for such forces, the Congress, and the American
people.
SEC. 9002. It is the sense of the Congress that—
(1) the Armed Forces of the United States must be under
the operational control of qualified commanders; and must have
clear and effective command and control arrangements; appro-
priate rules of engagement; and clear and unambiguous mission
statements;
(2) the President should consult with Congress before plac-
ing combat forces of the Armed Forces of the United States
under the operational control of foreign commanders, other
than pursuant to the North Atlantic Treaty and other arrange-
ments in effect at the time of the enactment of this Act; and
(3) the President should submit a report to Congress within
48 hours after placing combat forces of the Armed Forces of
the United States under the operational control of foreign
commanders, other than pursuant to the North Atlantic Treaty
and other arrangements in effect at the time of the enactment
of this Act, setting forth—
(A) the mission of such forces and a clear explanation
of the difference, if any, between the mission of such forces
and the mission of the forces of other nations participating
in the same military operations;
(B) in a case in which the operation is conducted under
the auspices of the United Nations, an assessment of the
United Nations capability to effectively manage the oper-
ation;
(C) an explanation of the United States interest that
would be served by and the justification for placing such
forces under the operational control of a foreign commander
in this instance;
(D) the command and control arrangements for the
operation of which the forces of the Armed Forces of the
United States are a part;
(E) the number, type and general description of equip-
ment of such forces;
(F) the estimated cost to the United States of the
participation of such forces;
(G) the anticipated duration of the participation of
such forces;
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