‘‘(2) The Permanent Representative shall promptly
transmit to the appropriate congressional committees any
report prepared by the United Nations containing an as-
sessment of any proposed, ongoing, or concluded United
Nations peacekeeping activity.’’.
SEC. 7. NOTICE TO CONGRESS REGARDING CONTRIBU-
TIONS FOR UNITED NATIONS PEACEKEEPING
ACTIVITIES.
Section 4 of the United Nations Participation Act of
1945 (22 U.S.C. 287b), as amended by sections 5 and
6 of this Act, is further amended by adding at the end
the following:
‘‘(d)(1) Not later than 15 days after the United Na-
tions submits a billing requesting a payment by the United
States of any contribution for United Nations peacekeep-
ing activities, the President shall so notify the appropriate
congressional committees.
‘‘(2) The President shall notify the appropriate con-
gressional committees at least 15 days before the United
States obligates funds for any assessed or voluntary con-
tribution for United Nations peacekeeping activities, ex-
cept that if the President determines that an emergency
exists which prevents compliance with the requirement
that such notification be provided 15 days in advance and
that such contribution is in the national security interests
of the United States, such notification shall be provided
in a timely manner but no later than 48 hours after such
obligation.’’.
SEC. 8. NOTICE TO CONGRESS REGARDING UNITED STATES
ASSISTANCE FOR UNITED NATIONS PEACE-
KEEPING ACTIVITIES.
Section 7 of the United Nations Participation Act of
1945 (22 U.S.C. 287d–1) is amended—
(1) in subsection (a), by inserting ‘‘other than
subsection (e)(1)’’ after ‘‘any other law’’; and
(2) by adding at the end the following new sub-
section:
‘‘(e)(1) Except as provided in paragraph (2), at least
15 days before any agency or entity of the United States
Government makes available to the United Nations any
assistance or facility to support or facilitate United Na-
tions peacekeeping activities, the President shall so notify
the appropriate congressional committees.
‘‘(2) If the President determines that an emergency
exists which prevents compliance with the requirement
that notification be provided 15 days in advance and that
such contribution is in the national security interests of
the United States, such notification shall be provided in
a timely manner but no later than 48 hours after the as-
sistance or facility is made available to the United Na-
tions.
‘‘(3) For purposes of this subsection, the term ‘assist-
ance’—
‘‘(A) means assistance of any kind, including
logistical support, supplies, goods, or services (in-
cluding command, control, communications or intel-
ligence assistance and training), and the grant of
rights of passage; and
‘‘(B) includes assistance provided through in-
kind contributions or through the provision of sup-
port, supplies, goods, or services on any terms, in-
cluding on a grant, lease, loan, or reimbursable
basis; but
‘‘(C) does not include the payment of assessed
or voluntary contributions.’’.
SEC. 9. UNITED STATES CONTRIBUTIONS TO UNITED NA-
TIONS PEACEKEEPING ACTIVITIES.
Section 4 of the United Nations Participation Act of
1945 (22 U.S.C. 287b), as amended by section 5, 6, and
7 of this Act, is further amended by adding at the end
the following:
‘‘(e)(1) The President shall, at the time of submission
of his annual budget request to the Congress, submit a
report to the Congress on the anticipated budget for the
fiscal year for United States participation in United Na-
tions peacekeeping activities.
‘‘(2) The report required by paragraph (1) shall
state—
‘‘(A) the aggregate amount of funds available to
the United Nations for that fiscal year, including as-
sessed and voluntary contributions, which may be
made available for United Nations peacekeeping ac-
tivities; and
‘‘(B) the aggregate amount of funds (from all
accounts) and the aggregate costs of in-kind con-
tributions that the United States proposes to make
available to the United Nations for that fiscal year
for United Nations peacekeeping activities.
‘‘(3) The President shall include in his budget sub-
mission for fiscal year 1996 a projection of all United
States costs for United Nations peacekeeping activities
during each of fiscal years 1996, 1997, and 1998, includ-
ing costs of in-kind contributions and assessed and vol-
untary contributions.’’.
SEC. 10. ANNUAL REPORTS ON UNITED STATES CONTRIBU-
TIONS TO UNITED NATIONS PEACEKEEPING
ACTIVITIES.
Section 4 of the United Nations Participation Act of
1945 (22 U.S.C. 287b), as amended by sections 5, 6, 7,
and 9 of this Act, is further amended by adding at the
end the following:
‘‘(f)(1) Not later than 90 days after the date of enact-
ment of this subsection and each year thereafter at the
time of the President’s budget submission to the Congress,
the Secretary of State, after consultation with the heads
of other relevant Federal agencies (including the Secretary
of Defense), shall submit to the appropriate congressional
committees a report on United States contributions to
United Nations peacekeeping activities.
‘‘(2) Each such report shall include the following in-
formation:
‘‘(A) The number and nature of ongoing United
Nations peacekeeping activities.
‘‘(B) The priority accorded to each ongoing
United Nations peacekeeping activity, and the antici-
pated duration of each such activity.
‘‘(C) An assessment of the effectiveness of each
ongoing United Nations peacekeeping activity, its re-
lationship to United States national security inter-
ests, and the efforts by the United Nations to re-
solve the relevant armed conflicts; and the projected
termination dates for each such activity.
‘‘(D) The total costs of each United Nations
peacekeeping activity, both ongoing and concluded,
and the total cost of all such activities.
‘‘(E) The amount of United States assessed
and voluntary contributions to each such activity,
and the total of such contributions to all such activi-
ties.
‘‘(F) The incremental costs incurred by the De-
partment of Defense for each such activity, and for
all such activities.
‘‘(G) Any other assistance (as defined in section
7(e) of this Act, as added by the Peace Powers Act
of 1994) made available by the United States for
United Nations peacekeeping activities, specifying
which assistance was provided on a reimbursable
basis and which was provided on a nonreimbursable
basis or on concessional terms.
‘‘(H) An assessment of the United Nations
management and support for United Nations peace-
keeping activities, including all recommendations for
improvement made by the United States and any ac-
tion to implement such recommendations by the
United Nations.
‘‘(I) A detailed description (including dollar
amounts expended and credited) of efforts by the
United States Government to seek and receive credit
toward the United States assessment for United Na-
tions peacekeeping activities for all United States as-
sistance provided in support of United Nations
peacekeeping objectives.
‘‘(3) The first report submitted pursuant to this sub-
section shall include information with respect to costs and
contributions for all United Nations peacekeeping activi-
ties since October 1945. Subsequent reports shall include
such information for the immediately preceding fiscal year
and (to the extent such information is available) for the
then current fiscal year.’’.
SEC. 11. REIMBURSEMENT TO THE UNITED STATES FOR IN-
KIND CONTRIBUTIONS TO UNITED NATIONS
PEACEKEEPING ACTIVITIES.
Section 7 of the United Nations Participation Act of
1945 (22 U.S.C. 287d–1), as amended by section 8 of this
Act, is further amended—
(1) in subsection (b)—
(A) by striking all that follows ‘‘: Pro-
vided,’’ through ‘‘Provided further,’’;
(B) by adding at the end the following:
‘‘The Secretary of Defense may waive the re-
quirement for such reimbursement if the Sec-
retary, after consultation with the Secretary of
State and the Director of the Office of Manage-
ment and Budget, determines that an emer-
gency exists which justifies waiver of that re-
quirement. Any such waiver shall be submitted
to the appropriate congressional committees at
least 15 days before it takes effect, except that
if the President determines that an emergency
exists which prevents compliance with the re-
quirement that the notification be provided 15
days in advance and that the provision under
subsection (a)(1) or (2) of personnel or assist-
ance on a nonreimbursable basis is in the na-
tional security interests of the United States,
such notification shall be provided in a timely
manner but no later than 48 hours after such
waiver takes effect.’’; and
(2) by adding at the end the following new sub-
sections:
‘‘(f) In any fiscal year (beginning in fiscal year 1995),
appropriated funds may not be used to pay any United
States assessed or voluntary contribution for United Na-
tions peacekeeping activities until the Secretary of De-
fense certifies to the Congress that the United Nations
has reimbursed the Department of Defense directly for all
goods and services that were provided to the United Na-
tions by the Department of Defense on a reimbursable
basis during the preceding fiscal year for United Nations
peacekeeping activities, including personnel and assistance
provided under this section (except to the extent that the
authority of subsection (b) to waive the reimbursement re-
quirement was exercised with respect to such personnel
or assistance).
‘‘(g)(1) The Secretary of State shall ensure that
goods and services provided on a reimbursable basis by
the Department of Defense to the United Nations for
United Nations peacekeeping operations are reimbursed at
the appropriate value, as determined by the Department
of Defense.
‘‘(2) Not later than one year after the date of enact-
ment of this subsection, the Permanent Representative
shall submit a report to the appropriate congressional
committees on all actions taken by the United States mis-
sion to the United Nations to achieve the objective de-
scribed in paragraph (1).’’.
SEC. 12. LIMITATION ON USE OF DEPARTMENT OF DE-
FENSE FUNDS FOR UNITED NATIONS PEACE-
KEEPING ACTIVITIES.
Beginning October 1, 1995, funds made available to
the Department of Defense (including funds for ‘‘Oper-
ation and Maintenance’’) shall be available for—
(1) United States assessed or voluntary con-
tributions for United Nations peacekeeping activi-
ties, or
(2) the incremental costs associated with the
participation of United States Armed Forces in
United Nations peacekeeping activities,
only to the extent that the Congress has by law specifically
made those funds available for such purposes.
SEC. 13. ASSESSED CONTRIBUTIONS FOR UNITED NATIONS
PEACEKEEPING ACTIVITIES.
(a) REASSESSMENT
OF CONTRIBUTION PERCENT-
AGES.—The Permanent Representative should make every
effort to ensure that the United Nations completes an
overall review and reassessment of each nation’s assessed
contributions for United Nations peacekeeping activities.
As part of the overall review and assessment, the Perma-
nent Representative should make every effort to advance
the concept that host governments and other governments
in the region where a United Nations peacekeeping activ-
ity is carried out should bear a greater burden of its finan-
cial cost.
(b) UNITED STATES CONTRIBUTIONS.—(1) The Per-
manent Representative should make every effort to obtain
agreement by the United Nations to a United States as-
sessed contribution for United Nations peacekeeping ac-
tivities that is no greater a percentage of such contribu-
tions by all countries than the United States percentage
share of assessed contributions for other United Nations
activities.
(2) The Congress declares that, effective for fiscal
year 1996, it does not intend to make available funds for
payment of United States assessed or voluntary contribu-
tions for United Nations peacekeeping activities that ex-
ceed 25 percent of the total amount of the assessed and
voluntary contributions of all countries for such activities
unless, after the date of enactment of this Act, the Con-
gress enacts a statute specifically authorizing a greater
percentage contribution.
(3) The Permanent Representative shall inform the
Secretary General of the congressional intent expressed in
paragraph (2).
SEC. 14. ‘‘BUY AMERICA’’ REQUIREMENT.
No funds may be obligated or expended to pay any
United States assessed or voluntary contribution for Unit-
ed Nations peacekeeping activities unless the Secretary of
State determines and certifies to the appropriate congres-
sional committees that United States manufacturers and
suppliers are being given opportunities to provide equip-
ment, services, and material for such activities equal to
those being given to foreign manufacturers and suppliers.
SEC. 15. UNITED STATES PERSONNEL TAKEN PRISONER
WHILE SERVING IN MULTILATERAL PEACE-
KEEPING FORCES.
(a) FINDINGS.—The Congress finds that—
(1) until recent years United States military
personnel rarely served as part of multilateral forces
under the United Nations or regional international
organizations;
(2) despite infrequent service as part of multi-
lateral forces, United States personnel, such as Colo-
nel William Higgins in Lebanon, have been cap-
tured, tortured, and murdered;
(3) in recent years, United States military per-
sonnel have served much more frequently as part of
multilateral forces;
(4) the capture and torture of Chief Warrant
Officer Michael Durant in Somalia in October 1993
was a horrendous and recent example of the risk to
United States personnel in multilateral forces;
(5) continued multilateral service increases the
probability that United States military personnel will
be captured, and subject to mistreatment;
(6) United States military personnel captured
while serving as part of multilateral forces have not
been treated as prisoners of war under the 1949 Ge-
neva Conventions and other international agree-
ments intended to protect prisoners of war; and
(7) failure of United States military personnel
serving as part of a multilateral force to receive pro-
tection under international law increases the risk to
personnel while serving in multinational forces.
(b) POLICY.—It is the sense of the Congress that—
(1) the President should take immediate steps,
unilaterally and in appropriate international bodies,
to assure that any United States military personnel
serving as part of a multilateral force who are cap-
tured are accorded the protection accorded to pris-
oners of war; and
(2) the President should also take all necessary
steps to bring to justice all individuals responsible
for any mistreatment, torture, or death of United
States military personnel who are captured while
serving in a multilateral force.
(c) REPORT.—Each report submitted pursuant to
section 4(f) of the United Nations Participation Act of
1945 (as added by section 10 of this Act), shall include
a separate section setting forth—
(1) the status under international law of mem-
bers of multilateral peacekeeping forces, including
the legal status of such personnel if captured, miss-
ing, or detained,
(2) the extent of the risk for United States
military personnel who are captured while participat-
ing in multinational peacekeeping forces in cases
where their captors fail to respect the 1949 Geneva
Conventions and other international agreements in-
tended to protect prisoners of war, and
(3) the specific steps that have been taken to
protect United States military personnel participat-
ing in multinational peacekeeping forces, together (if
necessary) with any recommendations for the enact-
ment of legislation to achieve that objective.
SEC. 16. PROVISION OF INTELLIGENCE TO THE UNITED NA-
TIONS.
(a) REQUIREMENT FOR AGREEMENTS.—The United
States may provide intelligence to the United Nations only
pursuant to a written agreement between the President
and the Secretary General of the United Nations specify-
ing—
(1) the types of intelligence to be provided to
the United Nations;
(2) the circumstances under which intelligence
may be provided to the United Nations; and
(3) the procedures to be observed by the United
Nations—
(A) concerning who shall have access to
the intelligence provided; and
(B) to protect the intelligence against dis-
closure not authorized by the agreement.
Any such agreement shall be effective for a period not to
exceed one year from the date on which the agreement
enters into force.
(b) ADVANCE NOTIFICATION
TO CONGRESS.—An
agreement described in subsection (a) shall be effective
only if the President has transmitted the agreement to the
Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House
of Representatives not less than 30 days in advance of
the entry into force of the agreement.
(c) DELEGATION
OF AUTHORITY.—The President
may delegate the authority and assign the duties of the
President under this section only to the Secretary of De-
fense or the Director of Central Intelligence.
(d) EXCEPTIONS.—Subsection (a) shall not apply to
the provision of intelligence—
(1) only to and for the use of United States
Government personnel serving with the United Na-
tions; or
(2) essential for the protection of nationals of
the United States, including members of the United
States Armed Forces and civilian personnel of the
United States Government.
(e) EXISTING LAW.—Nothing in this section shall be
construed to—
(1) impair or otherwise affect the authority of
the Director of Central Intelligence to protect intel-
ligence sources and methods from unauthorized dis-
closure pursuant to section 103(c)(5) of the Na-
tional Security Act of 1947 (50 U.S.C. 403–3(c)(5));
or
(2) supersede or otherwise affect the provisions
of—
(A) title V of the National Security Act of
1947 (50 U.S.C. 413–415); or
(B) section 112b of title 1, United States
Code.
(f) EFFECTIVE DATE.—This section takes effect 60
days after the date of enactment of this section.
SEC. 17. UNITED NATIONS PEACEKEEPING BUDGETARY
AND MANAGEMENT REFORM.
(a) WITHHOLDING OF CONTRIBUTIONS FOR UNITED
NATIONS PEACEKEEPING.—(1) At the beginning of each
fiscal year (beginning with fiscal year 1995), 50 percent
of the amounts of funds made available for United States
assessed contributions for United Nations peacekeeping
activities shall be withheld from obligation and expendi-
ture unless a certification has been made under subsection
(b).
(2) For each fiscal year (beginning with fiscal year
1995), the United States may not pay any voluntary con-
tribution for international peacekeeping activities unless
a certification has been made under subsection (b).
(b) CERTIFICATION.—The certification referred to in
subsection (a) is a certification by the President to the
Congress that—
(1) the United Nations has established an inde-
pendent and objective Office of Inspector General to
conduct and supervise audits, inspections, and inves-
tigations relating to the United Nations peacekeep-
ing activities carried out by the United Nations;
(2) the Secretary General of the United Nations
has appointed an Inspector General, with the con-
sent of the General Assembly, solely the basis of in-
tegrity and demonstrated ability in accounting, au-
diting, financial analysis, law, management analysis,
public administration, or investigations;
(3) the United Nations Office of Inspector Gen-
eral is authorized to—
(A) make investigations and reports relat-
ing to the administration of the United Nations
peacekeeping activities carried out by the Unit-
ed Nations;
(B) have access to all records and docu-
ments or other material available which relate
to those activities; and
(C) have direct and prompt access to rel-
evant officials of the United Nations, including
any official of the United Nations Secretariat;
(4) the United Nations Office of Inspector Gen-
eral is keeping the Secretary General and the mem-
bers of the Security Council fully informed about
problems, deficiencies, and the necessity for, and
progress of, corrective action;
(5) the United Nations has established meas-
ures to protect the identity of, and to prevent repris-
als against, any staff member making a complaint or
disclosing information to, or cooperating in any in-
vestigation or inspection by the Office of the Inspec-
tor General; and
(6) the United Nations has enacted procedures
to ensure compliance with Inspector General rec-
ommendations.