170
(12) An assessment of the need to re-
vise the command and control structure of
the Army Reserve.
(b) MATTERS TO BE CONSIDERED.—In carry-
ing out the review, the Commission shall de-
velop specific recommendations to accomplish
each of the following:
(1) Provide members of the Armed
Forces with annual pay raises and other
compensation at levels sufficient to begin
closing the gap with comparable civilian
pay levels.
(2) Fully fund cost-effective missile de-
fense systems that are deployable at the
earliest practical date following enact-
ment of this Act.
(3) Maintain adequate funding for
military readiness accounts without sac-
rificing modernization programs.
(4) Define policies for committing
troops 
to 
peacekeeping, 
peacemaking,
peace-enforcing, or humanitarian mis-
sions.
(5) Maintain a strong role for Guard
and Reserve forces.
171
(6) Provide a new funding system to
avoid diversions from military readiness
accounts to pay for peacekeeping and hu-
manitarian deployments such as Haiti
and Rwanda.
(7) Support measures to enhance secu-
rity in the Asia-Pacific region, including
security for the ASEAN Regional Forum
member nations.
(8) Reduce the level of defense expend-
itures for non-defense programs.
SEC. 304. REPORTS.
(a) FINAL REPORT.—The Commission shall
submit to the President and the designated
congressional committees a report on the as-
sessments and recommendations referred to in
section 303 not later than January 1, 1996. The
report shall be submitted in unclassified and
classified versions.
(b) INTERIM
REPORT.—The Commission
shall submit to the President and the des-
ignated congressional committees an interim
report describing the Commission’s progress in
fulfilling its duties under section 303. The in-
terim report shall include any preliminary
172
recommendations the Commission may have
reached and shall be submitted not later than
October 1, 1995.
(c) DESIGNATED
CONGRESSIONAL
COMMIT-
TEES.—For purposes of this section, the term
‘‘designated 
congressional 
committees’’
means—
(1) the Committee on National Secu-
rity, the Committee on International Rela-
tions, and the Committee on Appropria-
tions of the House of Representatives; and
(2) the Committee on Armed Services,
the Committee on Foreign Relations, and
the Committee on Appropriations of the
Senate.
(d) LIMITATION PENDING SUBMISSION OF IN-
TERIM REPORT.—The Secretary of the Army may
not, during the period beginning on the date
of the enactment of this Act and ending on the
date on which the interim report under sub-
section (b) is submitted, take any action to im-
plement the plan to reorganize the Army Re-
serve’s 
continental 
United 
States 
head-
quarters structures that was announced by the
Secretary on January 4, 1995.
173
SEC. 305. POWERS.
(a) HEARINGS.—The Commission may, for
the purpose of carrying out this section, con-
duct such hearings, sit and act at such times,
take such testimony, and receive such evi-
dence, as the Commission considers appro-
priate.
(b) ASSISTANCE FROM OTHER AGENCIES.—
The Commission may secure directly from any
department or agency of the Federal Govern-
ment such information, relevant to its duties
under this title, as may be necessary to carry
out such duties. Upon request of the chairman
of the Commission, the head of the department
or agency shall, to the extent permitted by law,
furnish such information to the Commission.
(c) MAIL.—The Commission may use the
United States mails in the same manner and
under the same conditions as the departments
and agencies of the Federal Government.
(d) ASSISTANCE FROM SECRETARY
OF DE-
FENSE.—The Secretary of Defense shall provide
to the Commission such reasonable adminis-
trative and support services as the Commis-
sion may request.
174
SEC. 306. COMMISSION PROCEDURES.
(a) MEETINGS.—The Commission shall meet
on a regular basis (as determined by the chair-
man) and at the call of the chairman or a ma-
jority of its members.
(b) QUORUM.—A majority of the members of
the Commission shall constitute a quorum for
the transaction of business.
SEC. 307. PERSONNEL MATTERS.
(a) COMPENSATION.—Each member of the
Commission shall serve without compensation,
but shall be allowed travel expenses including
per diem in lieu of subsistence, as authorized
by section 5703 of title 5, United States Code,
when engaged in the performance of Commis-
sion duties.
(b) STAFF.—The Commission shall appoint
a staff director, who shall be paid at a rate not
to exceed the maximum rate of basic pay under
section 5376 of title 5, United States Code, and
such professional and clerical personnel as
may be reasonable and necessary to enable the
Commission to carry out its duties under this
title without regard to the provisions of title
5, United States Code, governing appointments
in the competitive service, and without regard
175
to the provisions of chapter 51 and subchapter
III of chapter 53 of such title, or any other pro-
vision of law, relating to the number, classi-
fication, and General Schedule rates. No em-
ployee appointed under this subsection (other
than the staff director) may be compensated at
a rate to exceed the maximum rate applicable
to level 15 of the General Schedule.
(c) DETAILED PERSONNEL.—Upon request of
the chairman of the Commission, the head of
any department or agency of the Federal Gov-
ernment is authorized to detail, without reim-
bursement, any personnel of such department
or agency to the Commission to assist the Com-
mission in carrying out its duties under this
section. The detail of any such personnel may
not result in the interruption or loss of civil
service status or privilege of such personnel.
SEC. 308. TERMINATION OF THE COMMISSION.
The Commission shall terminate upon sub-
mission of the final report required by section
303.
SEC. 309. FUNDING.
Of the funds available to the Department
of Defense, $1,500,000 shall be made available
176
to the Commission to carry out the provisions
of this title.
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.
(a) IN GENERAL.—(1) Chapter 20 of title 10,
United States Code, is amended by inserting
after section 404 the following new section:
‘‘§ 405. Placement of United States forces under Unit-
ed Nations command or control: limita-
tion
‘‘(a) LIMITATION.—(1) Except as provided in
subsections (b) and (c), funds appropriated or
otherwise made available for the Department
of Defense may not be obligated or expended
for activities of any element of the armed
forces that after the date of the enactment of
this section is placed under United Nations
command or control.
‘‘(2) In this section, the term ‘under United
Nations command or control’ means under the
command or operational control of an individ-
177
ual acting on behalf of the United Nations for
the purpose of international peacekeeping,
peacemaking, peace-enforcing, or similar ac-
tivity that is authorized by the Security Coun-
cil under chapter VI or VII of the Charter of
the United Nations if the senior military com-
mander of the United Nations force or oper-
ation—
‘‘(A) is a foreign national or is a citi-
zen of the United States who is not a Unit-
ed States military officer serving on active
duty; or
‘‘(B) is a United States military officer
serving on active duty in a case in
which—
‘‘(i) elements of the armed forces
of the United States assigned or de-
tailed to that force or operation are
under the command or operational
control of a foreign national; and
‘‘(ii) that senior military com-
mander does not have the authority to
dismiss any subordinate officer in the
chain of command (regardless of na-
tionality) who is exercising command
178
or operational control over United
States forces, to establish rules of en-
gagement for United States forces in-
volved, and to establish criteria gov-
erning the operational employment of
United States forces involved.
‘‘(b) EXCEPTION FOR PRESIDENTIAL CERTIFI-
CATION.—(1) Subsection (a) shall not apply in
the case of a proposed placement of any ele-
ment of the armed forces under United Na-
tions command or control if the President, not
less than 15 days before the date on which
such United Nations command or control is to
become effective (or as provided in paragraph
(2)), meets the requirements of subsection (d).
‘‘(2) If the President certifies to Congress
that an emergency exists that precludes the
President from meeting the requirements of
subsection (d) 15 days before placing any ele-
ment of the armed forces under United Na-
tions command or control, the President may
place such forces under such command or con-
trol and meet the requirements of subsection
(d) in a timely manner, but in no event later
179
than 48 hours after such command or control
becomes effective.
‘‘(c) EXCEPTION
FOR
AUTHORIZATION
BY
LAW.—Subsection (a) shall not apply in the
case of a proposed placement of any element
of the armed forces under United Nations com-
mand or control if the Congress specifically
authorizes by law that particular placement of
United States forces under United Nations
command or control.
‘‘(d) PRESIDENTIAL
CERTIFICATIONS.—The
requirements referred to in subsection (b)(1)
are that the President submit to Congress the
following:
‘‘(1) Certification by the President
that—
‘‘(A) such a United Nations com-
mand or control arrangement is nec-
essary to protect national security in-
terests of the United States;
‘‘(B) the commander of any unit of
the armed forces proposed for place-
ment under United Nations command
or control will at all times retain the
right—
180
‘‘(i) to report independently to
superior United States military
authorities; and
‘‘(ii) to decline to comply with
orders judged by the commander
to be illegal, militarily imprudent,
or beyond the mandate of the mis-
sion to which the United States
agreed with the United Nations,
until such time as that com-
mander receives direction from su-
perior United States military au-
thorities with respect to the orders
that the commander has declined
to comply with;
‘‘(C) any element of the armed
forces proposed for placement under
United Nations command or control
will at all times remain under United
States administrative command for
such purposes as discipline and eval-
uation; and
‘‘(D) the United States will retain
the authority to withdraw any element
of the armed forces from the proposed
181
operation at any time and to take any
action it considers necessary to pro-
tect those forces if they are engaged.
‘‘(2) A report setting forth the follow-
ing:
‘‘(A) A description of the national
security interests that require the
placement of United States forces
under United Nations command or
control.
‘‘(B) The mission of the United
States forces involved.
‘‘(C) The expected size and com-
position of the United States forces in-
volved.
‘‘(D) The incremental cost to the
United States of participation in the
United Nations operation by the Unit-
ed States forces which are proposed to
be placed under United Nations com-
mand or control.
‘‘(E) The precise command and
control relationship between the Unit-
ed States forces involved and the Unit-
ed Nations command structure.
182
‘‘(F) The precise command and
control relationship between the Unit-
ed States forces involved and the com-
mander of the United States unified
command for the region in which
those United States forces are to oper-
ate.
‘‘(G) The extent to which the Unit-
ed States forces involved will rely on
non-United States forces for security
and self-defense and an assessment on
the ability of those non-United States
forces to provide adequate security to
the United States forces involved.
‘‘(H) The timetable for complete
withdrawal of the United States forces
involved.
‘‘(e) CLASSIFICATION OF REPORT.—A report
under subsection (c) shall be submitted in un-
classified form and, if necessary, in classified
form.
‘‘(f) EXCEPTION
FOR SMALL FORCES.—This
section does not apply in a case in which fewer
than 50 members of the armed forces are par-
183
ticipating in a particular United Nations op-
eration or activity.
‘‘(g) INTERPRETATION.—Nothing in this sec-
tion may be construed—
‘‘(1) as authority for the President to
use any element of the armed forces in
any operation; or
‘‘(2) as authority for the President to
place any element of the armed forces
under the command or operational con-
trol of a foreign national.’’.
(2) The table of sections at the beginning
of subchapter I of such chapter is amended by
adding at the end the following new item:
‘‘405. Placement of United States forces under United Nations
command or control: limitation.’’.
(b) REPORT RELATING TO CONSTITUTIONAL-
ITY.—No certification may be submitted by the
President under section 405(d)(1) of title 10,
United States Code, as added by subsection (a),
until the President has submitted to the Con-
gress (after the date of the enactment of this
Act) a memorandum of legal points and au-
thorities explaining why the placement of ele-
ments of United States Armed Forces under the
command or operational control of a foreign
184
national acting on behalf of the United Na-
tions does not violate the Constitution.
(c) EXCEPTION FOR ONGOING OPERATIONS IN
MACEDONIA AND CROATIA.—Section 405 of title
10, United States Code, as added by subsection
(a), does not apply in the case of activities of
the Armed Forces in Macedonia authorized
pursuant to United Nations Security Council
Resolution 795, adopted December 11, 1992,
and subsequent reauthorization Resolutions,
and in the case of activities of the Armed
Forces in Croatia authorized pursuant to
United Nations Security Council Resolution
743, adopted February 21, 1992, and subse-
quent reauthorization Resolutions, as part of
the United Nations force designated as the
United 
Nations 
Protection 
Force
(UNPROFOR).
SEC. 402. LIMITATION ON PLACEMENT OF UNITED STATES
ARMED FORCES UNDER FOREIGN CONTROL
FOR A UNITED NATIONS PEACEKEEPING AC-
TIVITY.
(a) IN GENERAL.—Section 6 of the United
Nations Participation Act of 1945 (22 U.S.C.
287d) is amended to read as follows:
185
‘‘SEC. 6. (a) AGREEMENTS WITH SECURITY
COUNCIL.—(1) Any special agreement described
in paragraph (2) that is concluded by the
President with the Security Council shall not
be effective unless approved by the Congress by
law.
‘‘(2) An agreement referred to in para-
graph (1) is an agreement providing for the
numbers and types of United States Armed
Forces, their degree of readiness and general
locations, or the nature of facilities and assist-
ance, including rights of passage, to be made
available to the Security Council for the pur-
pose of maintaining international peace and
security in accordance with Article 43 of the
Charter of the United Nations.
‘‘(b) LIMITATION.—(1) Except as provided in
subsections (c) and (d), the President may not
place any element of the Armed Forces under
the command or operational control of a for-
eign national acting on behalf of the United
Nations for the purpose of international
peacekeeping, peacemaking, peace-enforcing,
or similar activity that is authorized by the
186
Secretary Council under chapter VI or VII of
the Charter of the United Nations.
‘‘(2) For purposes of this section, elements
of the Armed Forces shall be considered to be
placed under the command or operational
control of a foreign national acting on behalf
of the United Nations only in a case in which
the senior military commander of the United
Nations force or operation is a foreign na-
tional.
‘‘(c) EXCEPTION FOR PRESIDENTIAL CERTIFI-
CATION.—(1) Subsection (b) shall not apply in
the case of a proposed placement of any ele-
ment of the Armed Forces under such com-
mand or operational control if the President,
not less than 15 days before the date on which
such command or operational control is to be-
come effective (or as provided in paragraph
(2)), meets the requirements of subsection (e).
‘‘(2) If the President certifies to Congress
that an emergency exists that precludes the
President from meeting the requirements of
subsection (e) 15 days before placing any ele-
ment of the Armed Forces under such com-
mand or operational control, the President
187
may place such forces under such command or
operational control and meet the requirements
of subsection (e) in a timely manner, but in no
event later than 48 hours after such command
or operational control becomes effective.
‘‘(d) EXCEPTION
FOR
AUTHORIZATION
BY
LAW.—Subsection (b) shall not apply in the
case of a proposed placement of any element
of the Armed Forces under such command or
operational control if the Congress specifically
authorizes by law that particular placement of
United States forces under such command or
operational control.
‘‘(e) PRESIDENTIAL
CERTIFICATIONS.—The
requirements referred to in subsection (c)(1)
are that the President submit to Congress the
following:
‘‘(1) Certification by the President
that—
‘‘(A) such a command or oper-
ational control arrangement is nec-
essary to protect national security in-
terests of the United States;
‘‘(B) the commander of any unit of
the Armed Forces proposed for place-
188
ment under the command or oper-
ational control of a foreign national
acting directly on behalf of the United
Nations will at all times retain the
right—
‘‘(i) to report independently to
superior United States military
authorities; and
‘‘(ii) to decline to comply with
orders judged by the commander
to be illegal, militarily imprudent,
or beyond the mandate of the mis-
sion to which the United States
agreed with the United Nations,
until such time as that com-
mander receives direction from su-
perior United States military au-
thorities with respect to the orders
that the commander has declined
to comply with;
‘‘(C) any element of the Armed
Forces proposed for placement under
the command or operational control
of a foreign national acting directly
on behalf of the United Nations will
189
at all times remain under United
States administrative command for
such purposes as discipline and eval-
uation; and
‘‘(D) the United States will retain
the authority to withdraw any element
of the Armed Forces from the proposed
operation at any time and to take any
action it considers necessary to pro-
tect those forces if they are engaged.
‘‘(2) A report setting forth the follow-
ing:
‘‘(A) A description of the national
security interests that require the
placement of United States forces
under the command or operational
control of a foreign national acting
directly on behalf of the United Na-
tions.
‘‘(B) The mission of the United
States forces involved.
‘‘(C) The expected size and com-
position of the United States forces in-
volved.
190
‘‘(D) The incremental cost to the
United States of participation in the
United Nations operation by the Unit-
ed States forces which are proposed to
be placed under the command or oper-
ational control of a foreign national.
‘‘(E) The precise command and
control relationship between the Unit-
ed States forces involved and the Unit-
ed Nations command structure.
‘‘(F) The precise command and
control relationship between the Unit-
ed States forces involved and the com-
mander of the United States unified
command for the region in which
those United States forces are to oper-
ate.
‘‘(G) The extent to which the Unit-
ed States forces involved will rely on
non-United States forces for security
and self-defense and an assessment on
the 
ability 
of 
those 
non-
United States forces to provide ade-
quate security to the United States
forces involved.
191
‘‘(H) The timetable for complete
withdrawal of the United States forces
involved.
‘‘(f) CLASSIFICATION OF REPORT.—A report
under subsection (e) shall be submitted in un-
classified form and, if necessary, in classified
form.
‘‘(g) EXCEPTION FOR SMALL FORCES.—This
section does not apply in a case in which fewer
than 50 members of the Armed Forces are par-
ticipating in a particular United Nations op-
eration or activity.
‘‘(h) INTERPRETATION.—Except as author-
ized in section 7 of this Act, nothing contained
in this Act shall be construed as an authoriza-
tion to the President by the Congress to make
available to the Security Council United
States Armed Forces, facilities, or assistance.’’.
(b) REPORT RELATING TO CONSTITUTIONAL-
ITY.—No certification may be submitted by the
President under section 6(e)(1) of the United
Nations Participation Act of 1945, as amended
by subsection (a), until the President has sub-
mitted to the Congress (after the date of the en-
actment of this Act) a memorandum of legal
192
points and authorities explaining why the
placement of elements of United States Armed
Forces under the command or operational con-
trol of a foreign national acting on behalf of
the United Nations does not violate the Con-
stitution.
(c) EXCEPTION FOR ONGOING OPERATION IN
MACEDONIA.—Section 6 of the United Nations
Participation Act of 1945, as amended by sub-
section (a), does not apply in the case of activi-
ties of the Armed Forces in Macedonia pursu-
ant to United Nations Security Council Resolu-
tions 795, adopted December 11, 1992, and 842,
adopted June 18, 1993, as part of the United
Nations force designated as the United Na-
tions Protection Force (UNPROFOR).
TITLE V—UNITED NATIONS
SEC. 501. CREDIT AGAINST ASSESSMENT FOR UNITED
STATES 
EXPENDITURES 
IN 
SUPPORT 
OF
UNITED 
NATIONS 
PEACEKEEPING 
OPER-
ATIONS.
(a) IN GENERAL.—The United Nations Par-
ticipation Act of 1945 (22 U.S.C. 287 et seq.) is
amended by adding at the end the following
new section:
193
‘‘SEC. 10. (a) CREDIT AGAINST ASSESSMENT
FOR EXPENDITURES IN SUPPORT OF PEACEKEEP-
ING OPERATIONS.—
‘‘(1) LIMITATION.—Funds may be obli-
gated for payment to the United Nations
of the United States assessed share of
peacekeeping operations for a fiscal year
only to the extent that—
‘‘(A) the amount of such assessed
share exceeds—
‘‘(B) the amount equal to—
‘‘(i) the total amount identi-
fied in the report submitted pursu-
ant to paragraph (2) for the pre-
ceding fiscal year, reduced by
‘‘(ii) the amount of any reim-
bursement or credit to the United
States by the United Nations for
the costs of United States support
for, or participation in, United
Nations 
peacekeeping 
activities
for that preceding fiscal year.
‘‘(2) ANNUAL
REPORT.—The President
shall, at the time of submission of the
budget to the Congress for any fiscal year,
194
submit to the designated congressional
committees a report on the total amount
of funds appropriated for national de-
fense purposes for any fiscal year that
were expended during the preceding fiscal
year to support or participate in, directly
or indirectly, United Nations peacekeep-
ing activities. Such report shall include a
separate listing by United Nations peace-
keeping operation of the amount of funds
expended to support or participate in
each such operation.
‘‘(3) DEFINITIONS.—For purposes of this
subsection:
‘‘(A) UNITED NATIONS PEACEKEEPING
ACTIVITIES.—The term ‘United Nations
peacekeeping activities’ means any
international 
peacekeeping, 
peace-
making, peace-enforcing, or similar
activity that is authorized by the Unit-
ed Nations Security Council under
chapter VI or VII of the Charter of the
United Nations.
‘‘(B) DESIGNATED
CONGRESSIONAL
COMMITTEES.—The 
term 
‘designated
195
congressional 
committees’ 
includes
the Committee on National Security of
the House of Representatives and the
Committee on Armed Services of the
Senate.’’.
(b) EFFECTIVE DATE.—The limitation con-
tained in section 10(a)(1) of the United Na-
tions Participation Act of 1945, as added by
subsection (a), shall apply only with respect to
United Nations assessments for peacekeeping
operations after fiscal year 1995.
SEC. 502. CODIFICATION OF REQUIRED NOTICE TO CON-
GRESS 
OF 
PROPOSED 
UNITED 
NATIONS
PEACEKEEPING ACTIVITIES.
(a) REQUIRED NOTICE.—Section 4 of the
United Nations Participation Act of 1945 (22
U.S.C. 287b) is amended—
(1) by striking the second sentence of
subsection (a);
(2) by redesignating subsection (e) as
subsection (f); and
(3) by inserting after subsection (d) a
new subsection (e) consisting of the text of
subsection (a) of section 407 of the For-
eign Relations Authorization Act, Fiscal
201
makes available to the United Nations any as-
sistance or facility to support or facilitate
United Nations peacekeeping activities, the
President shall so notify the designated con-
gressional committees.
‘‘(2) Paragraph (1) does not apply to—
‘‘(A) assistance having a value of less
than 
$1,000,000 
in 
the 
case 
of
nonreimbursable assistance or less than
$5,000,000 in the case of reimbursable as-
sistance; or
‘‘(B) assistance provided under the
emergency drawdown authority contained
in sections 506(a)(1) and 552(c)(2) of the
Foreign Assistance Act of 1961 (22 U.S.C.
2318(a)(1), 2348a(c)(2)).
‘‘(3) If the President determines that an
emergency exists which prevents compliance
with the requirement in paragraph (1) that
notification be provided 15 days in advance
and that the contribution of any such assist-
ance or facility is in the national security in-
terests of the United States, such notification
shall be provided in a timely manner but not