IIA
104TH CONGRESS
1ST SESSION
H. R. 7
IN THE SENATE OF THE UNITED STATES
FEBRUARY 22, 1995
Received; read twice and referred to the Committee on Foreign Relations
AN ACT
To revitalize the national security of the United States.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘National Security Revitalization Act’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—FINDINGS, POLICY, AND PURPOSES
Sec. 101. Findings.
Sec. 102. Policy.
Sec. 103. Purposes.
TITLE II—POLICY REGARDING PRIORITY FOR MISSILE DEFENSE
PROGRAMS
Sec. 201. Policy.
Sec. 202. Sense of Congress on theater missile defense and the Anti-Ballistic
Missile (ARM) Treaty.
Sec. 203. Ballistic missile defense as a component of military readiness.
TITLE III—ADVISORY COMMISSION ON REVITALIZATION OF
NATIONAL SECURITY
Sec. 301. Establishment.
Sec. 302. Composition.
Sec. 303. Duties.
Sec. 304. Reports.
Sec. 305. Powers.
Sec. 306. Commission procedures.
Sec. 307. Personnel matters.
Sec. 308. Termination of the Commission.
Sec. 309. Funding.
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.
Sec. 402. Limitation on placement of United States Armed Forces under for-
eign control for a United Nations peacekeeping activity.
TITLE V—UNITED NATIONS
Sec. 501. Credit against assessment for United States expenditures in support
of United Nations peacekeeping operations.
Sec. 502. Codification of required notice to Congress of proposed United Na-
tions peacekeeping activities.
Sec. 503. Notice to Congress regarding United States contributions for United
Nations peacekeeping activities.
Sec. 504. Revised notice to Congress regarding United States assistance for
United Nations peacekeeping activities.
Sec. 505. United States contributions to United Nations peacekeeping activi-
ties.
Sec. 506. Reimbursement to the United States for in-kind contributions to
United Nations peacekeeping activities.
Sec. 507. Limitation on payment of United States assessed or voluntary con-
tributions for United Nations peacekeeping activities.
Sec. 508. Limitation on use of Department of Defense funds for United States
share of costs of United Nations peacekeeping activities.
Sec. 509. Codification of limitation on amount of United States assessed con-
tributions for United Nations peacekeeping operations.
Sec. 510. Buy American requirement.
Sec. 511. United Nations budgetary and management reform.
Sec. 512. Conditions on provision of intelligence to the United Nations.
Sec. 513. Report regarding reimbursement levels paid by United Nations for
costs incurred by nations and contractors furnishing personnel
for peacekeeping activities.
TITLE VI—EXPANSION OF THE NORTH ATLANTIC TREATY
ORGANIZATION
Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. United States policy.
Sec. 604. Revisions to program to facilitate transition to NATO membership.
TITLE VII—BUDGET FIREWALLS
Sec. 701. Restoration of budget firewalls for defense spending.
TITLE I—FINDINGS, POLICY, AND
PURPOSES
SEC. 101. FINDINGS.
The Congress finds the following:
(1) Dramatic changes in the geo-political and
military landscape during the last decade have had
significant impacts on United States security.
(2) Those changes include the breakup of the
Warsaw Pact alliance, the disintegration of the So-
viet Union, and an increase in regional instability
and conflict.
(3) While the magnitude and implications of
these and other changes continues to evolve, the
world remains an unstable and dangerous place.
This uncertainty mandates the need for an on-going
process to establish an appropriate national security
strategy and the forces needed to implement that
strategy.
(4) The centerpiece of the defense strategy of
the Administration, the review of the Department of
Defense conducted by the Secretary of Defense in
1993 known as the ‘‘Bottom Up Review’’, deter-
mined that United States forces must be—
(A) prepared to fight and win two nearly
simultaneous Major Regional Conflicts;
(B) able to sustain robust overseas pres-
ence in peacetime;
(C) prepared for a variety of regional con-
tingencies; and
(D) able to deter and prevent attacks with
weapons of mass destruction against United
States territory and forces and the territory
and forces of our allies.
(5) The Bottom Up Review also recommended
significant reductions in military forces, including
reduction in the number of Navy ships by one-third,
the number of Air Force wings by almost one-half,
and the level of funding for missile defenses by over
50 percent.
(6) The General Accounting Office and the
Congressional Budget Office have estimated that the
mismatch between even the restrictive Bottom Up
Review force and the Administration defense budget
may be up to anywhere from $65,000,000,000 to
$150,000,000,000.
(7) Since January 1993, presidential budgets
and budget plans have set forth a reduction in de-
fense spending of $156,000,000,000 through fiscal
year 1999.
(8) The fiscal year 1995 budget is the 10th
consecutive year of reductions in real defense spend-
ing and, with the exception of fiscal year 1948, rep-
resents the lowest percentage of gross domestic
product for any defense budget since World War II.
(9) During fiscal year 1995, the number of ac-
tive duty, reserve component, and civilian personnel
of the Department of Defense will be reduced by
182,000, a rate of over 15,000 per month or over
500 per day. The Bureau of Labor Statistics esti-
mates that 1,200,000 defense-related private sector
jobs will be lost by 1997.
(10) Despite severe reductions and shortfalls in
defense funding and force structure, since 1993
United States military forces have been deployed
more often and committed to more peacetime mis-
sions per year than ever before. Most of these mis-
sions involve United Nations peacekeeping and hu-
manitarian efforts. At the end of fiscal year 1994,
over 70,000 United States personnel were serving in
such regions as Iraq, Bosnia, Macedonia, the Adri-
atic Sea, Rwanda, and the Caribbean Sea for mis-
sions involving Haiti and Cuba.
(11) Despite the dramatic increase in the pace
of operations and the diversion of training and exer-
cise funds to cover the costs of unbudgeted contin-
gency operations, the Armed Forces of the United
States remain the most capable, motivated, and ef-
fective military force in the world. The ability to suc-
cessfully deploy and maintain support for the range
of on-going contingency operations demonstrates the
continued quality and professionalism of our troops.
(12) However, persistent indictations of declin-
ing readiness demonstrate that military units are en-
tering the early stage of a long-term systemic readi-
ness problem. This downward readiness trend risks
a return to the ‘‘hollow forces’’ of the 1970s.
(13) At the end of fiscal year 1994, one-third
of the units in the Army contingency force and all
of the forward-deployed and follow-on Army divi-
sions were reporting a reduced state of military
readiness. During fiscal year 1994, training readi-
ness declined for the Navy’s Atlantic and Pacific
fleets. Training funding shortfalls also resulted in a
grounding of Navy and Marine Corps aircraft squad-
rons and cancellation and curtailment of Army
training exercises. Marine and naval personnel are
not maintaining the standard 12- to 18-month res-
pite between six-month deployments away from
home.
(14) The significant increase in deployments in
support of peacekeeping, humanitarian, and contin-
gency operations has placed great personnel tempo
stress on many critical operational units.
(15) A real commitment to equitable compensa-
tion and protection of quality-of-life programs for
servicemembers and their families is an esssential
component to ensuring high personnel morale and
sustaining force readiness. However, as of January
1, 1995, military pay is approximately 12.8 percent
below comparable civilian levels. As a result, it is es-
timated that close to 17,000 junior enlisted person-
nel have to rely on food stamps and the Department
of Defense will soon begin providing supplementary
food benefits to an estimated 11,000 military per-
sonnel and dependents living overseas.
(16) Critical long-term modernization programs
continue to be delayed or cancelled as resources are
diverted to cover short-term personnel and readiness
shortfalls resulting from an underfunded defense
budget and an overextended force, threatening the
technological superiority of future United States
forces.
(17) The fiscal year 1995 defense budget failed
to meet the current force structure goal of 184 mod-
ern long-range bombers, as established in the Bot-
tom-Up Review. Unless this long-range bomber ca-
pability shortfall is addressed promptly, the Nation’s
ability to project force will be undermined and the
existing bomber industrial base may be placed at
risk.
(18) The Administration has initially agreed to
or proposed treaty limitations, or has unilaterally
adopted positions, that prohibit the United States
from testing or deploying effective missile defense
systems.
(19) United Nations assessments to the United
States for peacekeeping missions totaled over
$1,000,000,000 in 1994. The United States is as-
sessed 31.7 percent of annual United Nations costs
for peacekeeping. The next highest contributor,
Japan, only pays 12.5 percent of such costs. The
Department of Defense also incurs hundreds of mil-
lions of dollars in costs every year for United States
military participation in United Nations peacekeep-
ing or humanitarian missions, most of which are not
reimbursed by the United Nations. For fiscal year
1994, these Department of Defense costs totaled
over $1,721,000,000.
(20) Credible and effective collective action on
international security concerns through the United
Nations and regional organizations such as the
North Atlantic Treaty Organization can, in appro-
priate cases, advance world peace, strengthen the
national security of the United States, and foster
more equitable burden-sharing with friends and al-
lies of the United States in military, political, and fi-
nancial terms.
SEC. 102. POLICY.
The Congress is committed to providing adequate re-
sources to protect the national security interests of the
United States, including the resources necessary—
(1) to provide for sufficient forces to meet the
national security strategy of being able to fight and
win two nearly simultaneously major regional con-
flicts;
(2) to provide for sufficient forces to meet the
national security strategy of using forward-deployed
and forward-based forces to promote regional stabil-
ity, deter aggression, improve joint/combined oper-
ations among United States forces and allies, and
ensure timely crisis response;
(3) to provide pay and benefits necessary for
members of the Armed Forces (including members
of the National Guard and Reserve as well as active
duty members) to begin closing the gap between
rates of civilian pay and rates of military pay;
(4) to maintain a high quality-of-life for mili-
tary personnel and their dependents;
(5) to maintain a high level of military readi-
ness and take all necessary steps to avoid a return
to the ‘‘hollow forces’’ of the 1970s;
(6) to fully provide for the necessary mod-
ernization of United States military forces in order
to ensure their technological superiority over any ad-
versary; and
(7) to develop and deploy at the earliest prac-
tical date highly effective national and theater mis-
sile defense systems.
SEC. 103. PURPOSES.
The purposes of this Act are—
(1) to establish an advisory commission to as-
sess United States military needs and address the
problems posed by the continuing downward spiral
of defense spending;
(2) to commit the United States to accelerate
the development and deployment of theater and na-
tional ballistic missile defense capabilities;
(3) to restrict deployment of United States
forces to missions that are in the national security
interest of the United States;
(4) to maintain adequate command and control
by United States personnel of United States forces
participating in United Nations peacekeeping oper-
ations;
(5) to reduce the cost to the United States of
United Nations peacekeeping activities and to press
for reforms in United Nations management prac-
tices; and
(6) to reemphasize the commitment of the
United States to a strong and viable North Atlantic
Treaty Organization.
TITLE 
II—POLICY 
REGARDING
PRIORITY FOR MISSILE DE-
FENSE PROGRAMS
SEC. 201. POLICY.
The following, in the order listed, shall be the policy
of the United States with respect to the priority for devel-
opment and deployment of missile defense programs:
(1) First, ensuring operational readiness of the
Armed Forces and accomplishing programmed mod-
ernization of weapons systems.
(2) Second, as part of such modernization, com-
pleting the development and deployment at the earli-
est practicable date of more effective theater missile
defense (TMD) systems by adequately funding es-
sential theater missile defense programs.
(3) Third, developing as soon as practicable,
subject to the availability of funding, a ground-based
interceptor system capable of destroying ballistic
missiles launched against the United States.
SEC. 202. SENSE OF CONGRESS ON THEATER MISSILE DE-
FENSE AND THE ANTI-BALLISTIC MISSILE
(ABM) TREATY.
(a) FINDINGS.—The Congress makes the following
findings:
(1) The United States and its allies face exist-
ing and expanding threats from ballistic missiles ca-
pable of being used as theater weapon systems that
are presently possessed by, being developed by, or
being acquired by a number of countries, including
Iran, Iraq, Syria, Libya, and North Korea.
(2) Some theater ballistic missiles that are cur-
rently deployed or are being developed (such as the
Chinese CSS–2 missile and the North Korean Taepo
Dong–2 missile) have capabilities equal to or greater
than the capabilities of missiles that were deter-
mined to be strategic missiles more than 20 years
ago under the Strategic Arms Limitation Agreement
I (SALT I) Interim Agreement of 1972 entered into
between the United States and the Soviet Union.
(3) The Anti-Ballistic Missile (ABM) Treaty
was not intended to, and does not, apply to or limit
research, development, testing, or deployment of
missile defense systems, system upgrades, or system
components that are designed to counter modern
theater ballistic missiles, regardless of the capabili-
ties of such missiles, unless those systems, system
upgrades, or system components are tested against
or have demonstrated capabilities to counter modern
strategic ballistic missiles.
(4) It is a national security priority of the
United States to develop and deploy highly effective
theater missile defense systems capable of counter-
ing the existing and expanding threats posed by
modern theater ballistic missiles at the earliest prac-
tical date.
(5) Current United States proposals in the
Standing Consultative Commission (SCC) would
multilateralize the ABM Treaty, making future
amendments or changes to the Treaty more difficult,
and would impose specific design limitations on
United States theater missile defense (TMD) sys-
tems that would significantly compromise the United
States TMD capability.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that further formal negotiations in the Standing
Consultative Commission (SCC) and any informal discus-
sions or negotiations on either the demarcation between
theater missile defense (TMD) systems and anti-ballistic
missile (ABM) systems, or any other effort that bears on
the 
viability 
of 
the 
ABM 
Treaty, 
including
multilateralization of the treaty, should be suspended until
the One Hundred Fourth Congress has had the oppor-
tunity to review those matters.
SEC. 203. BALLISTIC MISSILE DEFENSE AS A COMPONENT
OF MILITARY READINESS.
(a) USE OF FISCAL YEAR 1996 FUNDS.—Of the total
amount of funds appropriated or otherwise made available
for the Department of Defense for fiscal year 1996, the
amount obligated for national missile defense programs
may exceed the amount made available for national missile
programs for fiscal year 1995.
(b) FINDINGS.—In carrying out program execution of
national missile defense programs using funds appro-
priated for fiscal year 1996, the Secretary of Defense shall
consider the following findings by Congress:
(1) A critical component of military readiness is
whether the Armed Forces are properly sized,
equipped, structured, and ready to carry out as-
signed missions as required by the national military
strategy.
(2) In testimony before the Committee on
Armed Services of the House of Representatives on
February 22, 1994, the Chairman of the Joint
Chiefs of Staff testified that ‘‘modernization is the
key to future readiness and it is the only way to pro-
vide our next generation with an adequate defense’’.
(3) Given the growing ballistic missile threat,
the deployment of affordable, highly effective na-
tional and theater missile defense systems is an es-
sential objective of a defense modernization program
that adequately supports the requirements of the na-
tional military strategy.
(c) SENSE OF CONGRESS.—In light of the findings
in subsection (b), it is the sense of Congress that an effec-
tive national and theater missile defense capability is es-
sential to ensuring that United States Armed Forces are
ready to meet current and expected threats to United
States national security.
TITLE III—ADVISORY COMMIS-
SION ON REVITALIZATION OF
NATIONAL SECURITY
SEC. 301. ESTABLISHMENT.
There is hereby established an advisory commission
to be known as the ‘‘Revitalization of National Security
Commission’’ (hereinafter in this title referred to as the
‘‘Commission’’).
SEC. 302. COMPOSITION.
(a) APPOINTMENT.—The Commission shall be com-
posed of 12 members, appointed as follows:
(1) Four members shall be appointed by the
President.
(2) Four members shall be appointed by the
Speaker of the House of Representatives, one of
whom shall be appointed upon the recommendation
of the minority leader of the House of Representa-
tives.
(3) Four members shall be appointed by the
president pro tempore of the Senate, three of whom
shall be appointed upon the recommendation of the
majority leader of the Senate and one of whom shall
be appointed upon the recommendation of the mi-
nority leader of the Senate.
(b) QUALIFICATIONS.—The members of the Commis-
sion shall be appointed from among persons having knowl-
edge and experience in defense and foreign policy.
(c) TERM OF MEMBERS; VACANCIES.—Members of
the Commission shall be appointed for the life of the Com-
mission. A vacancy on the Commission shall not affect its
powers, but shall be filled in the same manner as the origi-
nal appointment was made.
(d) COMMENCEMENT.—The members of the Commis-
sion shall be appointed not later than 21 days after the
date of the enactment of this Act. The Commission shall
convene its first meeting to carry out its duties under this
section 14 days after seven members of the Commission
have been appointed.
(e) CHAIRMAN.—The chairman of the Commission
shall be designated jointly by the Speaker of the House
of Representatives and the majority leader of the Senate
(after consultation with the minority leader of the House
of Representatives and the minority leader of the Senate)
from among members of the Commission appointed under
subsection (a)(2) or (a)(3).
SEC. 303. DUTIES.
(a) COMPREHENSIVE
REVIEW.—The Commission
shall conduct a comprehensive review of the long-term na-
tional security needs of the United States. The review
shall include the following:
(1) An assessment of the need for a new na-
tional security strategy and, if it is determined that
such a new strategy is needed, identification of such
a strategy.
(2) An assessment of the need for a new na-
tional military strategy and, if it is determined that
such a new strategy is needed, identification of such
a strategy.
(3) An assessment of the military force struc-
ture necessary to support the new strategies identi-
fied under paragraphs (1) and (2).
(4) An assessment of force modernization re-
quirements necessary to support the new strategies
identified under paragraphs (1) and (2).
(5) An assessment of military infrastructure re-
quirements necessary to support the new strategies
identified under paragraphs (1) and (2).
(6) An assessment of the funding needs of the
Department of Defense necessary to support the
long-term national security requirements of the
United States.
(7) An assessment of the adequacy of the force
structure recommended in the 1993 Bottom-Up Re-
view in executing the national military strategy.
(8) An assessment of the adequacy of the cur-
rent future-years defense plan in fully funding the
Bottom-Up Review force structure while maintaining
adequate force modernization and military readiness
objectives.
(9) An assessment of the level of defense funds
expended on non-defense programs.
(10) An assessment of the costs to the United
States of expanding the membership of the North
Atlantic Treaty Organization.
(11) An assessment of the elements of military
pay and allowances constituting the regular military
compensation of members of the Armed Forces and
the development of recommendations for changes in
those elements in order to end the dependence of
mittee on Appropriations of the House of Represent-
atives; 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 INTERIM
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
subsection (b) is submitted, take any action to implement
the plan to reorganize the Army Reserve’s continental
United States headquarters structures that was an-
nounced by the Secretary on January 4, 1995.
SEC. 305. POWERS.
(a) HEARINGS.—The Commission may, for the pur-
pose of carrying out this section, conduct such hearings,
sit and act at such times, take such testimony, and receive
such evidence, as the Commission considers appropriate.
(b) ASSISTANCE
FROM
OTHER
AGENCIES.—The
Commission may secure directly from any department or
agency of the Federal Government such information, rel-
evant 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 infor-
mation to the Commission.
(c) MAIL.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as the departments and agencies of the Federal
Government.
(d) ASSISTANCE FROM SECRETARY OF DEFENSE.—
The Secretary of Defense shall provide to the Commission
such reasonable administrative and support services as the
Commission may request.
SEC. 306. COMMISSION PROCEDURES.
(a) MEETINGS.—The Commission shall meet on a
regular basis (as determined by the chairman) and at the
call of the chairman or a majority 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 Commis-
sion 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 Commission
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 to the provisions of chapter 51 and
subchapter III of chapter 53 of such title, or any other
provision of law, relating to the number, classification, and
General Schedule rates. No employee appointed under this
subsection (other than the staff director) may be com-
pensated 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 Government is authorized to de-
tail, without reimbursement, any personnel of such depart-
ment or agency to the Commission to assist the Commis-
sion in carrying out its duties under this section. The de-
tail of any such personnel may not result in the interrup-
tion or loss of civil service status or privilege of such per-
sonnel.
SEC. 308. TERMINATION OF THE COMMISSION.
The Commission shall terminate upon submission of
the final report required by section 304.
SEC. 309. FUNDING.
Funds for the activities of the Commission shall be
made available to the Commission by the Secretary of De-
fense from funds appropriated for activities of the Office
of the Secretary of Defense.
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
United Nations command or control: limi-
tation
‘‘(a) LIMITATION.—Except as provided in subsections
(b) and (c), funds appropriated or otherwise made avail-
able 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, as
defined in subsection (f).
‘‘(b) EXCEPTION
FOR
PRESIDENTIAL
CERTIFI-
CATION.—(1) Subsection (a) shall not apply in the case
of a proposed placement of an element of the Armed
Forces under United Nations 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 ef-
fective (or as provided in paragraph (2)), meets the re-
quirements of subsection (d).
‘‘(2) If the President certifies to Congress that an
emergency exists that precludes the President from meet-
ing the requirements of subsection (d) 15 days before plac-
ing an element of the Armed Forces under United Nations
command or control, the President may place such forces
under such command or control and meet the require-
ments of subsection (d) in a timely manner, but in no
event later than 48 hours after such command or control
becomes effective.
‘‘(c) ADDITIONAL EXCEPTIONS.—
‘‘(1) 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 command or control if
the Congress specifically authorizes by law that par-
ticular placement of United States forces under
United Nations command or control.
‘‘(2) EXCEPTION
FOR
NATO
OPERATIONS.—
Subsection (a) shall not apply in the case of a pro-
posed placement of any element of the Armed
Forces in an operation conducted by the North At-
lantic Treaty Organization.
‘‘(d) PRESIDENTIAL CERTIFICATIONS.—The require-
ments referred to in subsection (b)(1) are that the Presi-
dent submit to Congress the following:
‘‘(1) Certification by the President that—
‘‘(A) such a United Nations command or
control arrangement is necessary to protect na-
tional security interests of the United States;
‘‘(B) the commander of any unit of the
Armed Forces proposed for placement under
United Nations command or control will at all
times retain the right—
‘‘(i) to report independently to supe-
rior United States military authorities; and
‘‘(ii) to decline to comply with orders
judged by the commander to be illegal,
militarily imprudent, or beyond the man-
date of the mission to which the United
States agreed with the United Nations,
until such time as that commander receives
direction from superior United States mili-
tary authorities with respect to the orders
that the commander has declined to com-
ply 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 evaluation;
and
‘‘(D) the United States will retain the au-
thority to withdraw any element of the Armed
Forces from the proposed operation at any time
and to take any action it considers necessary to
protect those forces if they are engaged.
‘‘(2) A report setting forth the following:
‘‘(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 composition of
the United States forces involved.
‘‘(D) The incremental cost to the United
States of participation in the United Nations
operation by the United States forces which are
proposed to be placed under United Nations
command or control.
‘‘(E) The precise command and control re-
lationship between the United States forces in-
volved and the United Nations command
structure.
‘‘(F) The precise command and control re-
lationship between the United States forces in-
volved and the commander of the United States
unified command for the region in which those
United States forces are to operate.
‘‘(G) The extent to which the United
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 secu-
rity to the United States forces involved.
‘‘(H) The timetable for complete with-
drawal of the United States forces involved.
‘‘(e) CLASSIFICATION OF REPORT.—A report under
subsection (d) shall be submitted in unclassified form and,
if necessary, in classified form.
‘‘(f) UNITED NATIONS COMMAND OR CONTROL.—
For purposes of this section, an element of the Armed
Forces shall be considered to be placed under United Na-
tions command or control if—
‘‘(1) that element is under the command or
operational control of an individual acting on behalf
of the United Nations for the purpose of inter-
national peacekeeping, peacemaking, peace-enforc-
ing, or similar activity that is authorized by the
Security Council under chapter VI or VII of the
Charter of the United Nations; and
‘‘(2) the senior military commander of the
United Nations force or operation—
‘‘(A) is a foreign national or is a citizen of
the United States who is not a United States
military officer serving on active duty; or
‘‘(B) is a United States military officer
serving on active duty but—
‘‘(i) that element of the armed forces
is under the command or operational con-
trol of a subordinate commander who is a
foreign national or a citizen of the United
States who is not a United States military
officer serving on active duty; and
‘‘(ii) that senior military commander
does not have the authority—
‘‘(I) to dismiss any subordinate
officer in the chain of command who
is exercising command or operational
control over United States forces and
who is a foreign national or a citizen
of the United States who is not a
United States military officer serving
on active duty;
‘‘(II) to establish rules of engage-
ment for United States forces in-
volved; and
‘‘(III) to establish criteria gov-
erning the operational employment of
United States forces involved.
‘‘(g) INTERPRETATION.—Nothing in this section may
be construed—
‘‘(1) as authority for the President to use any
element of the armed forces in any operation;
‘‘(2) as authority for the President to place any
element of the armed forces under the command or
operational control of a foreign national; or
‘‘(3) as an unconstitutional infringement on the
authority of the President as commander-in-chief.’’.
(2) The table of sections at the beginning of sub-
chapter 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 CONSTITUTIONALITY.—
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
Congress (after the date of the enactment of this Act) a
memorandum of legal points and authorities explaining
why the placement of elements of United States Armed
Forces under the command or operational control of a for-
eign national acting on behalf of the United Nations does
not violate the Constitution.
(c) EXCEPTION FOR ONGOING OPERATIONS IN MAC-
EDONIA 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 as part of
the United Nations force designated as the United Na-
tions Protection Force (UNPROFOR) that are carried
out—
(1) in Macedonia pursuant to United Nations
Security Council Resolution 795, adopted December
11, 1992, and subsequent reauthorization Resolu-
tions; or
(2) in Croatia pursuant to United Nations Se-
curity Council Resolution 743, adopted February 21,
1992, and subsequent reauthorization Resolutions.
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:
‘‘SEC. 6. (a) AGREEMENTS WITH SECURITY COUN-
CIL.—(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 Con-
gress by law.
‘‘(2) An agreement referred to in paragraph (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 assistance,
including rights of passage, to be made available to the
Security Council for the purpose of maintaining inter-
national peace and security in accordance with Article 43
of the Charter of the United Nations.
‘‘(b) LIMITATION.—Except as provided in subsections
(c) and (d), the President may not place any element of
the Armed Forces under United Nations command or con-
trol, as defined in subsection (g).
‘‘(c) EXCEPTION
FOR
PRESIDENTIAL
CERTIFI-
CATION.—(1) Subsection (b) shall not apply in the case
of a proposed placement of an element of the Armed
Forces under United Nations 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 ef-
fective (or as provided in paragraph (2)), meets the re-
quirements of subsection (e).
‘‘(2) If the President certifies to Congress that an
emergency exists that precludes the President from meet-
ing the requirements of subsection (e) 15 days before plac-
ing an element of the Armed Forces under United Nations
command or control, the President may place such forces
under such command or control and meet the require-
ments of subsection (e) in a timely manner, but in no
event later than 48 hours after such command or control
becomes effective.
‘‘(d) ADDITIONAL EXCEPTIONS.—
‘‘(1) 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 United Nations command or control if
the Congress specifically authorizes by law that par-
ticular placement of United States forces under
United Nations command or control.
‘‘(2) EXCEPTION
FOR
NATO
OPERATIONS.—
Subsection (b) shall not apply in the case of a pro-
posed placement of any element of the Armed
Forces in an operation conducted by the North At-
lantic Treaty Organization.
‘‘(e) PRESIDENTIAL CERTIFICATIONS.—The require-
ments referred to in subsection (c)(1) are that the Presi-
dent submit to Congress the following:
‘‘(1) Certification by the President that—
‘‘(A) such a United Nations command or
control arrangement is necessary to protect na-
tional security interests of the United States;
‘‘(B) the commander of any unit of the
Armed Forces proposed for placement under
United Nations command or control will at all
times retain the right—
‘‘(i) to report independently to supe-
rior United States military authorities; and
‘‘(ii) to decline to comply with orders
judged by the commander to be illegal,
militarily imprudent, or beyond the man-
date of the mission to which the United
States agreed with the United Nations,
until such time as that commander receives
direction from superior United States mili-
tary authorities with respect to the orders
that the commander has declined to com-
ply 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 evaluation;
and
‘‘(D) the United States will retain the au-
thority to withdraw any element of the Armed
Forces from the proposed operation at any time
and to take any action it considers necessary to
protect those forces if they are engaged.
‘‘(2) A report setting forth the following:
‘‘(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 composition of
the United States forces involved.
‘‘(D) The incremental cost to the United
States of participation in the United Nations
operation by the United States forces which are
proposed to be placed under United Nations
command or control.
‘‘(E) The precise command and control re-
lationship between the United States forces in-
volved and the United Nations command struc-
ture.
‘‘(F) The precise command and control re-
lationship between the United States forces in-
volved and the commander of the United States
unified command for the region in which those
United States forces are to operate.
‘‘(G) The extent to which the United
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 secu-
rity to the United States forces involved.
‘‘(H) The timetable for complete with-
drawal of the United States forces involved.
‘‘(f) CLASSIFICATION OF REPORT.—A report under
subsection (e) shall be submitted in unclassified form and,
if necessary, in classified form.
‘‘(g) UNITED NATIONS COMMAND OR CONTROL.—
For purposes of this section, an element of the Armed
Forces shall be considered to be placed under United Na-
tions command or control if—
‘‘(1) that element is under the command or
operational control of an individual acting on behalf
of the United Nations for the purpose of inter-
national peacekeeping, peacemaking, peace-enforc-
ing, or similar activity that is authorized by the Se-
curity Council under chapter VI or VII of the Char-
ter of the United Nations; and
‘‘(2) the senior military commander of the
United Nations force or operation—
‘‘(A) is a foreign national or is a citizen of
the United States who is not a United States
military officer serving on active duty; or
‘‘(B) is a United States military officer
serving on active duty but—
‘‘(i) that element of the Armed Forces
is under the command or operational con-
trol of a subordinate commander who is a
foreign national or a citizen of the United
States who is not a United States military
officer serving on active duty; and
‘‘(ii) that senior military commander
does not have the authority—
‘‘(I) to dismiss any subordinate
officer in the chain of command who
is exercising command or operational
control over United States forces and
who is a foreign national or a citizen
of the United States who is not a
United States military officer serving
on active duty;
‘‘(II) to establish rules of engage-
ment for United States forces in-
volved; and
‘‘(III) to establish criteria gov-
erning the operational employment of
United States forces involved.
‘‘(h) INTERPRETATION.—Except as authorized in
section 7 of this Act, nothing contained in this Act shall
be construed as an authorization to the President by the
Congress to make available to the Security Council United
States Armed Forces, facilities, or assistance.’’.
(b) REPORT RELATING TO CONSTITUTIONALITY.—
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 submitted to the Congress (after the date of the enact-
ment of this Act) a memorandum of legal points and au-
thorities explaining why the placement of elements of
United States Armed Forces under the command or oper-
ational control of a foreign national acting on behalf of
the United Nations does not violate the Constitution.
(c) EXCEPTION FOR ONGOING OPERATION IN MAC-
EDONIA AND CROATIA.—Section 6 of the United Nations
Participation Act of 1945, as amended by subsection (a),
does not apply in the case of activities of the Armed
Forces as part of the United Nations force designated as
the United Nations Protection Force (UNPROFOR) that
are carried out—
(1) in Macedonia pursuant to United Nations
Security Council Resolution 795, adopted December
11, 1992, and subsequent reauthorization Resolu-
tions; or
(2) in Croatia pursuant to United Nations Se-
curity Council Resolution 743, adopted February 21,
1992, and subsequent reauthorization Resolutions.
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 Participation
Act of 1945 (22 U.S.C. 287 et seq.) is amended by adding
at the end the following new section:
‘‘SEC. 10. (a) CREDIT AGAINST ASSESSMENT FOR
EXPENDITURES IN SUPPORT OF PEACEKEEPING OPER-
ATIONS.—
‘‘(1) LIMITATION.—Funds may be obligated for
payment to the United Nations of the United States
assessed share of peacekeeping operations for a fis-
cal year only to the extent that—
‘‘(A) the amount of such assessed share
exceeds—
‘‘(B) the amount equal to—
‘‘(i) the total amount identified in the
report submitted pursuant to paragraph
(2) for the preceding fiscal year, reduced
by
‘‘(ii) the amount of any reimburse-
ment or credit to the United States by the
United Nations for the costs of United
activity authorized under chapter VII of such
Charter with respect to which the President has
certified to the Congress that the activity is of
such importance to the national security of the
United States that the United States would un-
dertake the activity unilaterally if it were not
authorized by the United Nations Security
Council.
‘‘(B) DESIGNATED CONGRESSIONAL COM-
MITTEES.—The term ‘designated congressional
committees’ includes the Committee on Na-
tional Security of the House of Representatives
and the Committee on Armed Services of the
Senate.’’.
(b) EFFECTIVE DATE.—The limitation contained in
section 10(a)(1) of the United Nations 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 Na-
tions Participation Act of 1945 (22 U.S.C. 287b) is
amended—
total amount of all assessed contributions for any United
Nations peacekeeping operation shall not be recognized or
paid by the United States. For any United Nations peace-
keeping operation that is initially authorized by the United
Nations Security Council before the date of the enactment
of this section, the applicable percentages under the pre-
ceding sentence shall be 25 percent. For United Nations
peacekeeping operations that are initially authorized by
the United Nations Security Council on or after the date
of the enactment of this section, the President may in-
crease the percentage limitations under the first sentence
of this subsection to a percentage not greater than 25 per-
cent. The President may exercise the authority under the
preceding sentence only after transmitting to Congress a
report providing notice of the percentage increase under
the preceding sentence and a statement of the reasons for
the increase.’’.
(b) EFFECTIVE DATE.—The limitation contained in
section 10(d) of the United Nations Participation Act of
1945, as added by subsection (a), shall apply only with
respect to funds authorized to be appropriated for ‘‘Con-
tributions for International Peacekeeping Activities’’ for
fiscal years after fiscal year 1995.
(c) CONFORMING AMENDMENT.—Section 404(b) of
the Foreign Relations Authorization Act, Fiscal Years