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103D CONGRESS
1ST SESSION
H. J. RES. 227
Calling upon the President to initiate discussions with members of the United
Nations for the purpose of entering into agreements providing for an
equitable sharing of responsibility among those members relating to
armed forces available to the United Nations Security Council, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 1, 1993
Mr. TORRICELLI introduced the following joint resolution; which was referred
to the Committee on Foreign Affairs
JOINT RESOLUTION
Calling upon the President to initiate discussions with mem-
bers of the United Nations for the purpose of entering
into agreements providing for an equitable sharing of
responsibility among those members relating to armed
forces available to the United Nations Security Council,
and for other purposes.
Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This joint resolution may be cited as the ‘‘Collective
Security Participation Resolution’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) the global framework embodied in the
United Nations Charter for maintaining inter-
national peace and security, forged with American
leadership at the end of World War II, for four dec-
ades largely failed to provide security guarantees
promised by the Charter;
(2) the end of the Cold War has opened unprec-
edented opportunity for multilateral cooperation,
under United Nations auspices, to maintain and,
where necessary, restore the peace through collective
military and other actions;
(3) collective military action in response to
Iraq’s invasion of Kuwait was taken under Article
42 of the United Nations Charter, under which the
Security Council may undertake ‘‘operations by air,
sea, or land forces of Members of the United Na-
tions’’;
(4) with the authorization of the Security Coun-
cil under Chapter VII of the Charter, and pursuant
to authorization by the Congress, the United States
undertook military actions in Kuwait and Iraq as
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leader of a multinational coalition with United Na-
tions sanction;
(5) despite Security Council approval of an
armed mission to Somalia to protect international
relief operations from attack, efforts to assemble an
effective force faltered until the United States of-
fered to make a substantial military commitment
there under United Nations auspices, after which a
considerable number of other nations volunteered
small military contingents;
(6) the Charter contemplates that the Security
Council might take action to maintain or restore
international peace and security with forces made
available to the Council pursuant to Article 43,
which provides that ‘‘all members undertake to make
available to the Security Council, on its call and in
accordance with a special agreement or agreements,
armed forces, assistance, and facilities, including
rights of passage necessary for the purpose of main-
taining international peace and security’’;
(7) although Article 43 provides that ‘‘the
agreement or agreements shall be negotiated as soon
as possible,’’ no agreement under Article 43 has ever
been reached during the United Nations forty-eight-
year history;
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(8) from the American perspective, the formal
designation of forces from various nations under Ar-
ticle 43 offers the opportunity to involve other na-
tions more promptly and reliably in future collective
security actions, and could thereby strengthen the
institutions of collective security while spreading the
burden of collective security more equitably;
(9) United States leadership in achieving spe-
cial agreements among members of the United Na-
tions under Article 43 would therefore serve the na-
tional interests of the United States and of all Unit-
ed Nations members; and
(10) The United Nations Participation Act of
1945 (22 U.S.C. 287d) provides that—
(A) the President is authorized to nego-
tiate an agreement with the Security Council
‘‘providing for the numbers and types of armed
forces, their degree of readiness and general lo-
cations, and the nature of facilities and assist-
ance, including rights of passage, to be made
available to the Security Council on its call for
the purpose of maintaining international peace
and security in accordance with Article 43 of
the charter’’;
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(B) any such agreement ‘‘shall be subject
to the approval of the Congress by appropriate
Act or joint resolution’’;
(C) ‘‘the President shall not be deemed to
require the authorization of the Congress to
make available to the Security Council on its
call . . . pursuant to such special agreement or
agreements the armed forces, facilities, or as-
sistance provided for therein’’; and
(D) this authorization shall not be ‘‘con-
strued as an authorization to the President by
the Congress to make available to the Security
Council for such purpose armed forces, facili-
ties, or assistance in addition to the forces, fa-
cilities, and assistance provided for in such spe-
cial agreement or agreements’’.
SEC. 3. AGREEMENT AND ACTION UNDER ARTICLE 43 OF
THE UNITED NATIONS CHARTER.
(a) OBLIGATIONS UNDER ARTICLE 43 OF
THE
UNITED NATIONS CHARTER.—Congress finds that mem-
bers of the United Nations are obligated under the Char-
ter to act ‘‘as soon as possible on the initiative of the Secu-
rity Council’’ to negotiate ‘‘a special agreement or agree-
ments’’ under Article 43 to make available to the Security
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Council forces and facilities necessary ‘‘for the purpose of
maintaining international peace and security’’.
(b) NEGOTIATION OF AGREEMENT.—Congress urges
the President to initiate discussions among members of
the Security Council, the General Assembly, and the Mili-
tary Staff Committee leading to negotiations, under Arti-
cle 43 of the United Nations Charter, of ‘‘a special agree-
ment or agreements’’ with equitable terms under which
designated forces from various countries, including the
United States, would be available to the Security Council.
(c) UNITED STATES SITE
FOR INTERNATIONAL
FORCES TRAINING.—Congress affirms its support of the
commitment made to the United Nations General Assem-
bly by President George Bush to make bases and facilities
available to the Security Council for multinational training
of forces under the United Nations.
(d) CONGRESSIONAL ROLE.—Congress—
(1) urges the President to consult with the
Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives and
the Committee on Foreign Relations and the Com-
mittee on Armed Services of the Senate in the
course of negotiating an Article 43 agreement; and
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(2) expresses its intent to give prompt consider-
ation to any such agreement negotiated under Arti-
cle 43 of the charter.
(e) PRESIDENTIAL AUTHORITY PURSUANT TO CON-
GRESSIONAL APPROVAL
OF
AN ARTICLE 43 AGREE-
MENT.—Congress reaffirms its commitment to the prin-
ciple, embodied in the United Nations Participation Act
of 1945, that congressional approval of a United States
agreement under Article 43 of the charter shall have the
effect of providing the President with full authority to di-
rect that the United States Armed Forces designated in
such agreement be employed as may be necessary to sup-
port decisions of the United Nations Security Council.
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