sions. The next highest contributor, Japan, only
pays 12.5 percent of such costs. The Department of
Defense also incurs hundreds of millions of dollars
in costs every year for United States military par-
ticipation in United Nations peace keeping or hu-
manitarian missions, most of which are not reim-
bursed by the United Nations. For fiscal year 1994,
these Department of Defense costs totaled over
$1,721,000,000.
(6) A return to the ‘‘hollow forces’’ of the
1970s has already begun. 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 divisions were reporting a reduced state of
military readiness. During fiscal year 1994, training
readiness declined for the Navy’s Atlantic and Pa-
cific fleets. Funding shortfalls for that fiscal year re-
sulted in a grounding of Navy and Marine Corps air-
craft squadrons and cancellation and curtailment of
Army training exercises. Marine and naval personnel
are not maintaining the standard 12- to 18-month
respite between six-month deployments away from
home. Marine Corps units are spending up to two of
their first four years away from their base camps.
The significantly increased pace of Department of
Defense operations has United States forces over de-
ployed.
(7) As of January 1, 1995, military pay is ap-
proximately 12.8 percent below comparable civilian
levels. As a result, it is estimated that close to
17,000 junior enlisted personnel have to rely on food
stamps and the Department of Defense will soon
begin providing supplementary food benefits to an
estimated 11,000 military personnel and dependents
living overseas.
(8) Defense modernization programs to main-
tain the battlefield technology edge of the United
States over other nations are being delayed or can-
celed in an attempt to prevent the further erosion of
military force readiness.
(9) The centerpiece of the Administration’s de-
fense strategy, the Bottom Up Review, reduces Navy
ships by one-third, Air Force wings by almost one-
half, and funding for missile defenses by over 50
percent, and the General Accounting Office has re-
ported that even the restrictive Bottom Up Review
could be underfunded by $150,000,000,000.
(10) 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.
SEC. 102. POLICY.
The Congress is committed to providing adequate re-
sources to protect the national security of the United
States.
SEC. 103. PURPOSES.
The purposes of this Act are—
(1) to establish a commission to reassess United
States military needs and reverse 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 interest
of the United States;
(4) to maintain command and control by Unit-
ed States personnel of United States forces partici-
pating in United Nations peacekeeping operations;
(5) to reduce the cost to the United States of
United Nations peacekeeping activities and to press
for reforms in the United Nations management
practices; and
(6) to reemphasize the commitment of the
United States to a strong and viable North Atlantic
Treaty Organization.
TITLE II—MISSILE DEFENSE
SEC. 201. POLICY.
It shall be the policy of the United States to—
(1) deploy at the earliest possible date an anti-
ballistic missile system that is capable of providing
a highly effective defense of the United States
against ballistic missile attacks; and
(2) provide at the earliest possible date highly
effective theater missile defenses (TMDs) to for-
ward-deployed and expeditionary elements of the
Armed Forces of the United States and to friendly
forces and allies of the United States.
SEC. 202. ACTIONS OF THE SECRETARY OF DEFENSE.
(a) ABM SYSTEMS.—The Secretary of Defense shall
develop for deployment at the earliest possible date a cost-
effective, operationally effective antiballistic missile system
designed to protect the United States against ballistic mis-
sile attacks.
(b) ADVANCED THEATER MISSILE DEFENSES.—The
Secretary of Defense shall develop for deployment at the
earliest possible date advanced theater missile defense sys-
tems.
SEC. 203. REPORT TO CONGRESS.
(a) REQUIREMENT.—Not later than 60 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a
plan for the deployment of an antiballistic missile system
pursuant to section 202(a) and for the deployment of the-
ater missile defense systems pursuant to section 202(b).
(b) CONGRESSIONAL DEFENSE COMMITTEES.—For
purposes of this section, the term ‘‘congressional defense
committees’’ means—
(1) the Committee on National Security and the
Committee on Appropriations of the House of Rep-
resentatives; and
(2) the Committee on Armed Services and the
Committee on Appropriations of the Senate.
TITLE
III—REVITALIZATION
OF
NATIONAL
SECURITY
COM-
MISSION
SEC. 301. ESTABLISHMENT.
There is hereby established a 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 in consulta-
tion with the minority leader of the House of Rep-
resentatives.
(3) Four members shall be appointed by the
President pro tempore of the Senate upon the rec-
ommendation of the majority leader and the minor-
ity 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
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
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 of the United
States of expanding the membership of the North
Atlantic Treaty Organization.
(b) MATTERS TO BE CONSIDERED.—In carrying out
the review, the Commission shall develop specific rec-
ommendations 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 defense sys-
tems that are deployable at the earliest possible date
following enactment of this Act.
(3) Maintain adequate funding for military
readiness accounts without sacrificing modernization
programs.
(4) Define policies for committing troops to
peace keeping, peacemaking, peace-enforcing, or hu-
manitarian missions.
(5) Provide a stronger role for Guard and Re-
serve forces.
(6) Provide a new funding system to avoid di-
versions from military readiness accounts to pay for
peace keeping and humanitarian deployments such
as Haiti and Rwanda.
SEC. 304. REPORTS.
(a) FINAL REPORT.—The Commission shall submit
to the President and the designated congressional commit-
tees a report on the assessments and recommendations re-
ferred 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 sub-
mit to the President and the designated 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 recommenda-
tions the Commission may have reached and shall be sub-
mitted not later than October 1, 1995.
(c) DESIGNATED CONGRESSIONAL COMMITTEES.—
For purposes of this section, the term ‘‘designated con-
gressional committees’’ means—
(1) the Committee on National Security, the
Committee on International Relations, and the Com-
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.
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
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 303.
SEC. 309. FUNDING.
Of the funds available to the Department of Defense,
$1,500,000 shall be made available 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
COMMAND
OR
OPERATIONAL CONTROL OF A FOREIGN NA-
TIONAL ACTING ON BEHALF OF THE UNITED
NATIONS.
(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 com-
mand or operational control of foreign
nationals acting on behalf of the United
Nations: limitation
‘‘(a) LIMITATION.—(1) Except as provided in sub-
sections (b) and (c), funds appropriated or otherwise made
available for the Department of Defense may not be obli-
gated or expended for activities of any element of the
armed forces that after the date of the enactment of this
section is placed under the command or operational con-
trol of a foreign 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 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 act-
ing 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 national.
‘‘(b)
EXCEPTION
FOR
PRESIDENTIAL
CERTIFI-
CATION.—(1) Subsection (a) 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
President, not less than 15 days before the date on which
such command or operational control is to become effec-
tive (or as provided in paragraph (2)), meets the require-
ments 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 any element of the armed forces under such command
or operational control, the President may place such forces
under such command or operational control and meet the
requirements of subsection (d) in a timely manner, but
in no event later than 48 hours after such command or
operational 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 such
command or operational control if the Congress specifi-
cally authorizes by law that particular placement of Unit-
ed States forces under such command or operational con-
trol.
‘‘(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 command or operational con-
trol 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 the
command or operational control of a foreign na-
tional acting directly on behalf of the United
Nations 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 pro-
posed for placement under the command or
operational control of a foreign national acting
directly on behalf of the United Nations will at
all times remain under United States adminis-
trative 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 the command or operational
control of a foreign national acting directly on
behalf of the United Nations.
‘‘(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 the command or
operational control of a foreign national.
‘‘(E) The precise command and control re-
lationship between the United States forces in-
‘‘(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 control of a foreign national.’’.
(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 command or operational control
of foreign nationals acting on behalf of the United Nations:
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 OPERATION IN MAC-
EDONIA.—Section 405 of title 10, United States Code, as
added by subsection (a) does not apply in the case of ac-
tivities of the Armed Forces in Macedonia pursuant to
United Nations Security Council Resolutions 795, adopted
December 11, 1992, and 842, adopted June 18, 1993, 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:
‘‘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.—(1) Except as provided in sub-
sections (c) and (d), the President may not place any ele-
ment of the Armed Forces under the command or oper-
ational control of a foreign national acting on behalf of
the United Nations for the purpose of international peace-
keeping, peacemaking, peace-enforcing, or similar activity
that is authorized by the 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 act-
ing 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 national.
‘‘(c)
EXCEPTION
FOR
PRESIDENTIAL
CERTIFI-
CATION.—(1) 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
President, not less than 15 days before the date on which
such command or operational control is to become effec-
tive (or as provided in paragraph (2)), meets the require-
ments 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 any element of the Armed Forces under such com-
mand or operational control, the President may place such
forces under such command or operational control and
meet the requirements of subsection (e) in a timely man-
ner, but in no event later than 48 hours after such com-
mand 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 specifi-
cally authorizes by law that particular placement of Unit-
ed States forces under such command or operational con-
trol.
‘‘(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 command or operational con-
trol 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
the command or operational 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 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 the command or
operational control of a foreign national acting
directly on behalf of the United Nations will at
all times remain under United States adminis-
trative 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 the command or operational
control of a foreign national acting directly on
behalf of the United Nations.
‘‘(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 the command or
operational control of a foreign national.
‘‘(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) EXCEPTION FOR SMALL FORCES.—This section
does not apply in a case in which fewer than 50 members
of the Armed Forces are participating in a particular
United Nations operation or activity.
‘‘(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.—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 in Macedonia
pursuant to United Nations Security Council Resolutions
795, adopted December 11, 1992, and 842, adopted June
18, 1993, as part of the United Nations force designated
as the United Nations 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 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
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, submit to the designated con-
gressional committees a report on the total amount
of funds appropriated for national defense purposes
for any fiscal year that were expended during the
preceding fiscal year to support or participate in, di-
rectly or indirectly, United Nations peacekeeping ac-
tivities. Such report shall include a separate listing
by United Nations peacekeeping operation of the
amount of funds expended to support or participate
in each such operation.
‘‘(3) DEFINITIONS.—For purposes of this sub-
section:
‘‘(A) UNITED NATIONS PEACEKEEPING AC-
TIVITIES.—The term ‘United Nations peace-
keeping
activities’
means
any
international
peacekeeping, peacemaking, peace-enforcing, or
similar activity that is authorized by the United
Nations Security Council under chapter VI or
VII of the Charter of the United Nations.
‘‘(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—
(1) by striking the second sentence of sub-
section (a);
(2) by redesignating subsection (e) as sub-
section (f); and
(3) by inserting after subsection (d) a new sub-
section (e) consisting of the text of subsection (a) of
section 407 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103–
236), revised—
(A) in paragraph (2)—
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘in written form
not later than the 10th day of’’ after
‘‘shall be provided’’;
(ii) in subparagraph (A)(iv), by insert-
ing ‘‘(including facilities, training, trans-
portation, communication, øintelligence,¿
and logistical support, but not including
intelligence activities reportable under title
V of the National Security Act of 1947)’’
after ‘‘covered by the resolution’’; and
(iii) in subparagraph (B), by adding
at the end the following new clause:
‘‘(iv) A description of any other Unit-
ed States assistance to or support for the
operation
(including
facilities,
training,
transportation,
communication,
intel-
ligence, and logistical support, but not in-
cluding intelligence activities reportable
under title V of the National Security Act
of 1947), and an estimate of the cost to the
United States of such assistance or sup-
port.’’;
(B) by striking paragraph (3);
(C) by redesignating paragraph (4) as
paragraph (3) and in the last sentence of that
paragraph by striking ‘‘and (ii)’’ and inserting
‘‘through (iv)’’;
(D) by inserting after paragraph (3) (as so
redesignated) the following new paragraph:
‘‘(4) NEW UNITED NATIONS PEACEKEEPING OP-
ERATION DEFINED.—As used in paragraphs (2) (B)
and (3), the term ‘new United Nations peacekeeping
operation’ includes any existing or otherwise ongoing
United Nations peacekeeping operation—
‘‘(A) that is to be expanded by more than
25 percent during the period covered by the Se-
curity Council resolution, as measured by either
the number of personnel participating (or au-
thorized to participate) in the operation or the
budget of the operation; or
‘‘(B) that is to be authorized to operate in
a country in which it was not previously author-
ized to operate.’’; and
(E) in paragraph (5)—
(i) by striking ‘‘(5) NOTIFICATION’’
and all that follows through ‘‘(B) The
President’’ and inserting ‘‘(5) QUARTERLY
REPORTS.—The President’’; and
(ii) by striking ‘‘section 4(d)’’ and all
that follows through ‘‘of this section)’’ and
inserting ‘‘subsection (d)’’.
(b) CONFORMING REPEAL.—Subsection (a) of section
407 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103–236), is repealed.
(c) DESIGNATED CONGRESSIONAL COMMITTEES.—
Subsection (f) of section 4 of the United Nations Partici-
pation Act of 1945 (22 U.S.C. 287b(f)), as redesignated
by subsection (a), is amended to read as follows:
‘‘(f) DESIGNATED CONGRESSIONAL COMMITTEES.—
As used in this section, the term ‘‘designated congres-
sional committees’’ has the meaning given such term in
section 10(f).’’.
SEC.
503.
NOTICE
TO
CONGRESS
REGARDING
UNITED
STATES
CONTRIBUTIONS
FOR
UNITED
NA-
TIONS PEACEKEEPING ACTIVITIES.
Section 10 of the United Nations Participation Act
of 1945 is amended by adding after subsection (a), as
added by section 501, the following new subsection:
‘‘(b) NOTICE TO CONGRESS REGARDING CONTRIBU-
TIONS FOR PEACEKEEPING ACTIVITIES.—
‘‘(1)
NOTICE
REGARDING
UNITED
NATIONS
BILLING REQUEST.—Not later than 15 days after
the date on which the United States receives from
the United Nations a billing requesting a payment
by the United States of any contribution for United
Nations peacekeeping activities, the President shall
so notify the designated congressional committees.
‘‘(2) NOTICE
REGARDING
PROPOSED
OBLIGA-
TION
OF
FUNDS.—The President shall notify the
designated congressional committees at least 15 days
before the United States obligates funds for any as-
sessed or voluntary contribution for United Nations
peacekeeping activities, except that if the President
determines that an emergency exists which prevents
compliance with the requirement that such notifica-
tion be provided 15 days in advance and that such
contribution is in the national security interests of
the United States, such notification shall be pro-
vided in a timely manner but no later than 48 hours
after such obligation.’’.
SEC.
504.
REVISED
NOTICE
TO
CONGRESS
REGARDING
UNITED
STATES
ASSISTANCE
FOR
UNITED
NATIONS PEACEKEEPING 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 paragraphs (2) and (3),
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
Nations peacekeeping activities, the President shall so no-
tify the designated congressional committees.
‘‘(2) Paragraph (1) does not apply to—
‘‘(A) assistance having a value of less than
$1,000,000 in the case of nonreimbursable assist-
ance or less than $5,000,000 in the case of reim-
bursable assistance; 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 ad-
vance and that the contribution of any such assistance or
facility is in the national security interests of the United
States, such notification shall be provided in a timely man-
ner but not later than 48 hours after such assistance or
facility is made available to the United Nations.
‘‘(4) 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, øcontrol, communications or intel-
ligence¿ control or communications 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 or intelligence activities
reportable under title V of the National Security Act
of 1947.’’.
SEC. 505. UNITED STATES CONTRIBUTIONS TO UNITED NA-
TIONS PEACEKEEPING ACTIVITIES.
Section 4(d)(1) of the United Nations Participation
Act of 1945 (22 U.S.C. 287b(d)(1)) is amended—
(1) by redesignating subparagraph (D) as sub-
paragraph (E); and
(2) by inserting after subparagraph (C) the fol-
lowing new subparagraph:
‘‘(D)
A
description
of
the
anticipated
budget for the next fiscal year for United
States participation in United Nations peace-
keeping activities, including a statement of—
‘‘(i) the aggregate amount of funds
available to the United Nations for that
fiscal year, including assessed and vol-
untary contributions, which may be made
available for United Nations peacekeeping
activities; and
‘‘(ii) the aggregate amount of funds
(from all accounts) and the aggregate costs
of in-kind contributions that the United
States proposes to make available to the
United Nations for that fiscal year for
United Nations peacekeeping activities.’’.
SEC. 506. REIMBURSEMENT TO THE UNITED STATES FOR
IN-KIND
CONTRIBUTIONS
TO
UNITED
NA-
TIONS PEACEKEEPING ACTIVITIES.
(a) IN GENERAL.—Section 7 of the United Nations
Participation Act of 1945 (22 U.S.C. 287d–1), as amend-
ed by section 504, is further amended—
(1) in subsection (b)—
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(B) by striking ‘‘United States: Provided,’’
through ‘‘Provided further, That when’’ and in-
serting ‘‘United States. When’’; and
(C) by adding at the end the following:
‘‘(2) The Secretary of Defense may waive the require-
ment for reimbursement under paragraph (1) if the Sec-
retary, after consultation with the Secretary of State and
the Director of the Office of Management and Budget, de-
termines that an emergency exists which justifies waiver
of that requirement. Any such waiver shall be submitted
to the designated congressional committees, as defined in