H. R. 1530—290
(b) CERTIFICATION WITH RESPECT TO OFFENSIVE BIOLOGICAL
WARFARE PROGRAM
OF RUSSIA.—A certification under this sub-
section is a certification by the President of each of the following:
(1) That Russia is in compliance with its obligations under
the Biological Weapons Convention.
(2) That Russia has agreed with the United States and
the United Kingdom on a common set of procedures to govern
visits by officials of the United States and United Kingdom
to military biological facilities of Russia, as called for under
the Joint Statement on Biological Weapons issued by officials
of the United States, the United Kingdom, and Russia on
September 14, 1992.
(3) That visits by officials of the United States and United
Kingdom to the four declared military biological facilities of
Russia have occurred.
(c) ALTERNATIVE CERTIFICATION.—A certification under this
subsection is a certification by the President that the President
is unable to make a certification under subsection (b).
(d) USE OF FUNDS UPON ALTERNATIVE CERTIFICATION.—If the
President 
makes 
a 
certification 
under 
subsection 
(c), 
the
$60,000,000 specified in subsection (a)—
(1) shall not be available for the purpose stated in section
1202(a)(6); and
(2) shall be available for activities in Ukraine, Kazakhstan,
and Belarus—
(A) for the elimination of strategic offensive weapons
(in addition to the amount specified in section 1202(a)(1));
and
(B) for nuclear infrastructure elimination (in addition
to the amount specified in section 1202(a)(4)).
SEC. 1209. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS
DESTRUCTION FACILITY.
(a) LIMITATION.—Of the amount appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative
Threat Reduction programs that is available for planning and design
of a chemical weapons destruction facility, not more than one-
half of such amount may be obligated or expended until the Presi-
dent certifies to Congress the following:
(1) That the United States and Russia have completed
a joint laboratory study to determine the feasibility of an appro-
priate technology for destruction of chemical weapons of Russia.
(2) That Russia is making reasonable progress, with the
assistance of the United States (if necessary), toward the
completion of a comprehensive implementation plan for manag-
ing and funding the dismantlement and destruction of Russia’s
chemical weapons stockpile.
(3) That the United States and Russia have made substan-
tial progress toward resolution, to the satisfaction of the United
States, of outstanding compliance issues under the 1989
Wyoming Memorandum of Understanding and the 1990
Bilateral Destruction Agreement.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘1989 Wyoming Memorandum of Understand-
ing’’ means the Memorandum of Understanding between the
Government of the United States of America and the Govern-
ment of the Union of Soviet Socialist Republics Regarding a
H. R. 1530—291
Bilateral Verification Experiment and Data Exchange Related
to Prohibition on Chemical Weapons, signed at Jackson Hole,
Wyoming, on September 23, 1989.
(2) The term ‘‘1990 Bilateral Destruction Agreement’’
means the Agreement between the United States of America
and the Union of Soviet Socialist Republics on destruction
and nonproduction of chemical weapons and on measures to
facilitate the multilateral convention on banning chemical
weapons signed on June 1, 1990.
TITLE XIII—MATTERS RELATING TO
OTHER NATIONS
Subtitle A—Peacekeeping Provisions
SEC. 1301. PLACEMENT OF UNITED STATES FORCES UNDER UNITED
NATIONS OPERATIONAL OR TACTICAL CONTROL.
(a) FINDINGS.—Congress finds the following:
(1) The President has made United Nations peace oper-
ations a major component of the foreign and security policies
of the United States.
(2) The President has committed United States military
personnel under United Nations operational control to missions
in Haiti, Croatia, and Macedonia that could endanger those
personnel.
(3) The President has committed the United States to
deploy as many as 25,000 military personnel to Bosnia-
Herzegovina as peacekeepers under NATO operational control
in the event that the parties to that conflict reach a peace
agreement.
(4) Although the President has insisted that he will retain
command of United States forces at all times, in the past
this has meant administrative control of United States forces
only, while operational control has been ceded to United
Nations commanders, some of whom were foreign nationals.
(5) The experience of United States forces participating
in combined United States-United Nations operations in Soma-
lia, and in combined United Nations-NATO operations in the
former Yugoslavia, demonstrate that prerequisites for effective
military operations such as unity of command and clarity of
mission have not been met by United Nations command and
control arrangements.
(6) Despite the many deficiencies in the conduct of United
Nations peace operations, there may be unique occasions when
it is in the national security interests of the United States
to participate in such operations.
(b) POLICY.—It is the sense of Congress that—
(1) the President should consult closely with Congress
regarding any United Nations peace operation that could
involve United States combat forces and that such consultations
should continue throughout the duration of such activities;
(2) the President should consult with Congress before a
vote within the United Nations Security Council on any resolu-
tion which would authorize, extend, or revise the mandate
for any such activity;
H. R. 1530—292
(3) in view of the complexity of United Nations peace
operations and the difficulty of achieving unity of command
and expeditious decisionmaking, the United States should
participate in such operations only when it is clearly in the
national security interest to do so;
(4) United States combat forces should be under the oper-
ational control of qualified commanders and should have clear
and effective command and control arrangements and rules
of engagement (which do not restrict their self-defense in any
way) and clear and unambiguous mission statements; and
(5) none of the Armed Forces of the United States should
be under the operational control of foreign nationals in United
Nations peace enforcement operations except in the most
extraordinary circumstances.
(c) DEFINITIONS.—For purposes of subsections (a) and (b):
(1) The term ‘‘United Nations peace enforcement oper-
ations’’ means any international peace enforcement or similar
activity that is authorized by the United Nations Security Coun-
cil under chapter VII of the Charter of the United Nations.
(2) The term ‘‘United Nations peace operations’’ means
any international peacekeeping, peacemaking, peace enforce-
ment, or similar activity that is authorized by the United
Nations Security Council under chapter VI or VII of the Charter
of the United Nations.
(d) 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 operational or tactical control: limitation
‘‘(a) LIMITATION.—Except as provided in subsections (b) and
(c), funds appropriated or otherwise made available for the Depart-
ment 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 operational
or tactical control, as defined in subsection (f).
‘‘(b) EXCEPTION
FOR PRESIDENTIAL CERTIFICATION.—(1) Sub-
section (a) shall not apply in the case of a proposed placement
of an element of the armed forces under United Nations operational
or tactical control if the President, not less than 15 days before
the date on which such United Nations operational or tactical
control is to become effective (or as provided in paragraph (2)),
meets the requirements of subsection (d).
‘‘(2) If the President certifies to Congress that an emergency
exists that precludes the President from meeting the requirements
of subsection (d) 15 days before placing an element of the armed
forces under United Nations operational or tactical control, the
President may place such forces under such operational or tactical
control and meet the requirements of subsection (d) in a timely
manner, but in no event later than 48 hours after such operational
or tactical control becomes effective.
‘‘(c) ADDITIONAL EXCEPTIONS.—(1) Subsection (a) shall not apply
in the case of a proposed placement of any element of the armed
forces under United Nations operational or tactical control if the
Congress specifically authorizes by law that particular placement
of United States forces under United Nations operational or tactical
control.
H. R. 1530—293
‘‘(2) Subsection (a) shall not apply in the case of a proposed
placement of any element of the armed forces in an operation
conducted by the North Atlantic Treaty Organization.
‘‘(d) PRESIDENTIAL CERTIFICATIONS.—The requirements referred
to in subsection (b)(1) are that the President submit to Congress
the following:
‘‘(1) Certification by the President that it is in the national
security interests of the United States to place any element
of the armed forces under United Nations operational or tactical
control.
‘‘(2) A report setting forth the following:
‘‘(A) A description of the national security interests
that would be advanced by the placement of United States
forces under United Nations operation or tactical control.
‘‘(B) The mission of the United States forces involved.
‘‘(C) The expected size and composition of the United
States forces involved.
‘‘(D) The precise command and control relationship
between the United States forces involved and the United
Nations command structure.
‘‘(E) The precise command and control relationship
between the United States forces involved and the com-
mander of the United States unified command for the
region in which those United States forces are to operate.
‘‘(F) The extent to which the United States forces
involved will rely on forces of other countries for security
and defense and an assessment of the capability of those
other forces to provide adequate security to the United
States forces involved.
‘‘(G) The exit strategy for complete withdrawal of the
United States forces involved.
‘‘(H) The extent to which the commander of any unit
of the armed forces proposed for placement under United
Nations operational or tactical control will at all times
retain the right—
‘‘(i) to report independently to superior United
States military authorities; and
‘‘(ii) to decline to comply with orders judged by
the commander to be illegal or beyond the mandate
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 military
authorities with respect to the orders that the com-
mander has declined to comply with.
‘‘(I) The extent to which the United States will retain
the authority to withdraw any element of the armed forces
from the proposed operation at any time and to take any
action it considers necessary to protect those forces if they
are engaged.
‘‘(J) The anticipated monthly incremental cost to the
United States of participation in the United Nations oper-
ation by the United States forces which are proposed to
be placed under United Nations operational or tactical
control.
‘‘(e) CLASSIFICATION
OF REPORT.—A report under subsection
(d) shall be submitted in unclassified form and, if necessary, in
classified form.
H. R. 1530—294
‘‘(f) UNITED NATIONS OPERATIONAL OR TACTICAL CONTROL.—
For purposes of this section, an element of the Armed Forces shall
be considered to be placed under United Nations operational or
tactical control if—
‘‘(1) that element is under the operational or tactical control
of an individual acting on behalf of the United Nations for
the purpose of international peacekeeping, peacemaking, peace-
enforcing, 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 is a foreign national or is a citizen of the
United States who is not a United States military officer serving
on active duty.
‘‘(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; and
‘‘(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 subchapter I
of such chapter is amended by adding at the end the following
new item:
‘‘405. Placement of United States forces under United Nations operational or tactical
control: limitation.’’.
(e) EXCEPTION FOR ONGOING OPERATIONS IN MACEDONIA AND
CROATIA.—Section 405 of title 10, United States Code, as added
by subsection (d), 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 subse-
quent reauthorization Resolutions; or
(2) in Croatia pursuant to United Nations Security Council
Resolution 743, adopted February 21, 1992, and subsequent
reauthorization Resolutions.
SEC. 1302. LIMITATION ON USE OF DEPARTMENT OF DEFENSE FUNDS
FOR UNITED STATES SHARE OF COSTS OF UNITED
NATIONS PEACEKEEPING ACTIVITIES.
(a) IN GENERAL.—Chapter 20 of title 10, United States Code,
is amended by inserting after section 405, as added by section
1301, the following new section:
‘‘§ 406. Use of Department of Defense funds for United States
share of costs of United Nations peacekeeping
activities: limitation
‘‘(a) PROHIBITION ON USE OF FUNDS.—Funds available to the
Department of Defense may not be used to make a financial con-
tribution (directly or through another department or agency of
the United States) to the United Nations—
‘‘(1) for the costs of a United Nations peacekeeping activity;
or
‘‘(2) for any United States arrearage to the United Nations.
H. R. 1530—295
‘‘(b) APPLICATION
OF PROHIBITION.—The prohibition in sub-
section (a) applies to voluntary contributions, as well as to contribu-
tions pursuant to assessment by the United Nations for the United
States share of the costs of a peacekeeping activity.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 405, as added by section 1301, the following new item:
‘‘406. Use of Department of Defense funds for United States share of costs of United
Nations peacekeeping activities: limitation.’’.
Subtitle B—Humanitarian Assistance
Programs
SEC. 1311. OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
PROGRAMS.
(a) COVERED PROGRAMS.—For purposes of section 301 and other
provisions of this Act, programs of the Department of Defense
designated as Overseas Humanitarian, Disaster, and Civic Aid
(OHDACA) programs are the programs provided by sections 401,
402, 404, 2547, and 2551 of title 10, United States Code.
(b) GAO REPORT.—Not later than March 1, 1996, the Comptrol-
ler General of the United States shall provide to the congressional
defense committees a report on—
(1) existing funding mechanisms available to cover the
costs associated with the Overseas Humanitarian, Disaster,
and Civic Assistance activities through funds provided to the
Department of State or the Agency for International Develop-
ment, and
(2) if such mechanisms do not exist, actions necessary
to institute such mechanisms, including any changes in existing
law or regulations.
SEC. 1312. HUMANITARIAN ASSISTANCE.
Section 2551 of title 10, United States Code, is amended—
(1) by striking out subsections (b) and (c);
(2) by redesignating subsection (d) as subsection (b);
(3) by striking out subsection (e) and inserting in lieu
thereof the following:
‘‘(c) STATUS REPORTS.—(1) The Secretary of Defense shall sub-
mit to the congressional committees specified in subsection (f) an
annual report on the provision of humanitarian assistance pursuant
to this section for the prior fiscal year. The report shall be submitted
each year at the time of the budget submission by the President
for the next fiscal year.
‘‘(2) Each report required by paragraph (1) shall cover all provi-
sions of law that authorize appropriations for humanitarian assist-
ance to be available from the Department of Defense for the
purposes of this section.
‘‘(3) Each report under this subsection shall set forth the follow-
ing information regarding activities during the previous fiscal year:
‘‘(A) The total amount of funds obligated for humanitarian
relief under this section.
‘‘(B) The number of scheduled and completed transportation
missions for purposes of providing humanitarian assistance
under this section.
H. R. 1530—296
‘‘(C) A description of any transfer of excess nonlethal sup-
plies of the Department of Defense made available for humani-
tarian relief purposes under section 2547 of this title. The
description shall include the date of the transfer, the entity
to whom the transfer is made, and the quantity of items
transferred.’’;
(4) by redesignating subsection (f) as subsection (d) and
in that subsection striking out ‘‘the Committees on’’ and all
that follows through ‘‘House of Representatives of the’’ and
inserting in lieu thereof ‘‘the congressional committees specified
in subsection (f) and the Committees on Appropriations of the
Senate and House of Representatives of the’’;
(5) by redesignating subsection (g) as subsection (e); and
(6) by adding at the end the following new subsection:
‘‘(f) CONGRESSIONAL COMMITTEES.—The congressional commit-
tees referred to in subsections (c)(1) and (d) are the following:
‘‘(1) The Committee on Armed Services and the Committee
on Foreign Relations of the Senate.
‘‘(2) The Committee on National Security and the Commit-
tee on International Relations of the House of Representatives.’’.
SEC. 1313. LANDMINE CLEARANCE PROGRAM.
(a) INCLUSION IN GENERAL HUMANITARIAN ASSISTANCE PRO-
GRAM.—Subsection (e) of section 401 of title 10, United States
Code, is amended—
(1) by striking out ‘‘means—’’ and inserting in lieu thereof
‘‘means:’’;
(2) by revising the first word in each of paragraphs (1)
through (4) so that the first letter of such word is upper
case;
(3) by striking out the semicolon at the end of paragraphs
(1) and (2) and inserting in lieu thereof a period;
(4) by striking out ‘‘; and’’ at the end of paragraph (3)
and inserting in lieu thereof a period; and
(5) by adding at the end the following new paragraph:
‘‘(5) Detection and clearance of landmines, including activi-
ties relating to the furnishing of education, training, and tech-
nical assistance with respect to the detection and clearance
of landmines.’’.
(b) LIMITATION
ON LANDMINE ASSISTANCE
BY MEMBERS
OF
ARMED FORCES.—Subsection (a) of such section is amended by
adding at the end the following new paragraph:
‘‘(4) The Secretary of Defense shall ensure that no member
of the Armed Forces, while providing assistance under this section
that is described in subsection (e)(5)—
‘‘(A) engages in the physical detection, lifting, or destroying
of landmines (unless the member does so for the concurrent
purpose of supporting a United States military operation); or
‘‘(B) provides such assistance as part of a military operation
that does not involve the Armed Forces.’’.
(c) REPEAL.—Section 1413 of the National Defense Authoriza-
tion Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2913;
10 U.S.C. 401 note) is repealed.
H. R. 1530—297
Subtitle C—Arms Exports and Military
Assistance
SEC. 1321. DEFENSE EXPORT LOAN GUARANTEES.
(a) ESTABLISHMENT OF PROGRAM.—(1) Chapter 148 of title 10,
United States Code, is amended by adding at the end the following
new subchapter:
‘‘SUBCHAPTER VI—DEFENSE EXPORT LOAN GUARANTEES
‘‘Sec.
‘‘2540. Establishment of loan guarantee program.
‘‘2540a. Transferability.
‘‘2540b. Limitations.
‘‘2540c. Fees charged and collected.
‘‘2540d. Definitions.
‘‘§ 2540. Establishment of loan guarantee program
‘‘(a) ESTABLISHMENT.—In order to meet the national security
objectives in section 2501(a) of this title, the Secretary of Defense
shall establish a program under which the Secretary may issue
guarantees assuring a lender against losses of principal or interest,
or both principal and interest, arising out of the financing of the
sale or long-term lease of defense articles, defense services, or
design and construction services to a country referred to in sub-
section (b).
‘‘(b) COVERED COUNTRIES.—The authority under subsection (a)
applies with respect to the following countries:
‘‘(1) A member nation of the North Atlantic Treaty
Organization (NATO).
‘‘(2) A country designated as of March 31, 1995, as a
major non-NATO ally pursuant to section 2350a(i)(3) of this
title.
‘‘(3) A country in Central Europe that, as determined by
the Secretary of State—
‘‘(A) has changed its form of national government from
a nondemocratic form of government to a democratic form
of government since October 1, 1989; or
‘‘(B) is in the process of changing its form of national
government from a nondemocratic form of government to
a democratic form of government.
‘‘(4) A noncommunist country that was a member nation
of the Asia Pacific Economic Cooperation (APEC) as of October
31, 1993.
‘‘(c) AUTHORITY SUBJECT TO PROVISIONS OF APPROPRIATIONS.—
The Secretary may guarantee a loan under this subchapter only
to such extent or in such amounts as may be provided in advance
in appropriations Acts.
‘‘§ 2540a. Transferability
‘‘A guarantee issued under this subchapter shall be fully and
freely transferable.
‘‘§ 2540b. Limitations
‘‘(a) TERMS AND CONDITIONS OF LOAN GUARANTEES.—In issuing
a guarantee under this subchapter for a medium-term or long-
term loan, the Secretary may not offer terms and conditions more
H. R. 1530—298
beneficial than those that would be provided to the recipient by
the Export-Import Bank of the United States under similar cir-
cumstances in conjunction with the provision of guarantees for
nondefense articles and services.
‘‘(b) LOSSES ARISING FROM FRAUD OR MISREPRESENTATION.—
No payment may be made under a guarantee issued under this
subchapter for a loss arising out of fraud or misrepresentation
for which the party seeking payment is responsible.
‘‘(c) NO RIGHT OF ACCELERATION.—The Secretary of Defense
may not accelerate any guaranteed loan or increment, and may
not pay any amount, in respect of a guarantee issued under this
subchapter, other than in accordance with the original payment
terms of the loan.
‘‘§ 2540c. Fees charged and collected
‘‘(a) EXPOSURE FEES.—The Secretary of Defense shall charge
a fee (known as ‘exposure fee’) for each guarantee issued under
this subchapter.
‘‘(b) AMOUNT OF EXPOSURE FEE.—To the extent that the cost
of the loan guarantees under this subchapter is not otherwise
provided for in appropriations Acts, the fee imposed under sub-
section (a) with respect to a loan guarantee shall be fixed in an
amount that is sufficient to meet potential liabilities of the United
States under the loan guarantee.
‘‘(c) PAYMENT TERMS.—The fee under subsection (a) for each
guarantee shall become due as the guarantee is issued. In the
case of a guarantee for a loan which is disbursed incrementally,
and for which the guarantee is correspondingly issued incrementally
as portions of the loan are disbursed, the fee shall be paid incremen-
tally in proportion to the amount of the guarantee that is issued.
‘‘(d) ADMINISTRATIVE FEES.—The Secretary of Defense shall
charge a fee for each guarantee issued under this subchapter to
reflect the additional administrative costs of the Department of
Defense that are directly attributable to the administration of the
program under this subchapter. Such fees shall be credited to
a special account in the Treasury. Amounts in the special account
shall be available, to the extent and in amounts provided in appro-
priations Acts, for paying the costs of administrative expenses of
the Department of Defense that are attributable to the loan guaran-
tee program under this subchapter.
‘‘§ 2540d. Definitions
‘‘In this subchapter:
‘‘(1) The terms ‘defense article’, ‘defense services’, and
‘design and construction services’ have the meanings given
those terms in section 47 of the Arms Export Control Act
(22 U.S.C. 2794).
‘‘(2) The term ‘cost’, with respect to a loan guarantee,
has the meaning given that term in section 502 of the Congres-
sional Budget and Impoundment Control Act of 1974 (2 U.S.C.
661a).’’.
(2) The table of subchapters at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘VI. Defense Export Loan Guarantees ................................................................. 2540’’.
(b) REPORT.—Not later than two years after the date of the
enactment of this Act, the President shall submit to Congress
a report on the loan guarantee program established pursuant to