[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3744 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 3744
To amend the United Nations Participation Act of 1945 to facilitate
coordination between the executive and legislative branches of
Government regarding United States participation in, or the use of
United States funds for, United Nations peacekeeping activities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 26, 1994
Mr. Hyde (for himself, Mr. Gilman, Mr. Spence, Mr. Combest, Ms. Snowe,
and Mr. Rogers) introduced the following bill; which was referred
jointly to the Committees on Foreign Affairs, Armed Services, and
Permanent Select Committee on Intelligence
_______________________________________________________________________
A BILL
To amend the United Nations Participation Act of 1945 to facilitate
coordination between the executive and legislative branches of
Government regarding United States participation in, or the use of
United States funds for, United Nations peacekeeping activities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Peace Powers Act of 1994''.
SEC. 2. STATEMENT OF PURPOSES.
The purposes of this Act are to--
(1) maintain and ensure the primacy of United States
national security interests with respect to United States
participation in and support for United Nations peacekeeping
activities;
(2) strengthen congressional oversight of United Nations
peacekeeping activities and other United Nations activities;
(3) provide for advance notification to the Congress
regarding anticipated United Nations peacekeeping activities;
(4) ensure that the United States contributions to United
Nations peacekeeping activities are fair and equitable; and
(5) otherwise facilitate coordination between the executive
and legislative branches of Government regarding United States
participation in and support for United Nations peacekeeping
activities.
SEC. 3. DEFINITIONS.
(a) Amendment.--The United Nations Participation Act of 1945 (22
U.S.C. 287-287e-1) is amended by adding at the end the following new
section:
``Sec. 10. For purposes of this Act--
``(1) the term `appropriate congressional committees' means
the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Foreign Relations of the Senate
and the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Foreign Affairs of the House of
Representatives;
``(2) the term `Permanent Representative' means the
Permanent Representative of the United States to the United
Nations appointed by the President pursuant to section 2 of
this Act; and
``(3) the term `United Nations peacekeeping activities'
means any international peacekeeping, peacemaking, peace-
enforcing, or similar activity involving the use of nationals
of member countries of the United Nations that is authorized by
the Security Council under chapter VI or VII of the United
Nations Charter.''.
(b) Applicability to Nonamendatory Provisions.--The definitions
contained in the amendment made by subsection (a) also apply with
respect to the provisions of this Act that do not amend the United
Nations Participation Act of 1945.
SEC. 4. LIMITATION ON PLACEMENT OF UNITED STATES ARMED FORCES UNDER
FOREIGN CONTROL FOR A UNITED NATIONS PEACEKEEPING
ACTIVITY.
Section 6 of the United Nations Participation Act (22 U.S.C. 287d)
is amended to read as follows:
``Sec. 6. (a) Any special agreement or agreements negotiated by the
President with the Security Council 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 international peace and security in accordance
with Article 43 of the United Nations Charter, shall be subject to the
approval of the Congress by Act or joint resolution.
``(b) The President may not subordinate to the command or
operational control of any foreign nationals any element of the United
States Armed Forces participating in any United Nations peacekeeping
activity unless--
``(1) the President satisfies the requirements of
subsection (c); or
``(2) the Congress enacts an Act or joint resolution
specifically authorizing such subordination.
``(c)(1) The requirements referred to in subsection (b)(1) are that
the President submit to the appropriate congressional committees (at
the time specified in paragraph (2) of this subsection) the following
documents:
``(A) A determination by the President that--
``(i) the proposed subordination of United States
Armed Forces to foreign command is in the national
security interest of the United States;
``(ii) the unit commanders of the United States
Armed Forces proposed for subordination to the command
of foreign nationals will at all times retain the
ability to report independently to higher United States
military authorities;
``(iii) the United States will retain authority to
withdraw the United States Armed Forces from the United
Nations peacekeeping activity at any time and to take
action it deems necessary to protect those forces if
they are endangered; and
``(iv) the United States Armed Forces subordinated
to the command of foreign nationals will at all times
remain under United States administrative command for
such purposes as discipline and evaluation.
``(B) The justification for the determination made pursuant
to subparagraph (A)(i).
``(C) A memorandum of legal points and authorities
explaining why the proposed foreign command arrangement does
not violate the Constitution of the United States.
``(2) The documents described in paragraph (1) shall be submitted
to the appropriate congressional committees not less than 15 days
before any element of the United States Armed Forces is subordinated to
the command and control of a foreign national, except that if the
President determines that an emergency exists which prevents compliance
with the requirement that notice be provided 15 days in advance, those
documents shall be submitted in a timely manner but no later than 48
hours after such subordination.
``(d) 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.''.
SEC. 5. NOTICE TO CONGRESS OF PROPOSED UNITED NATIONS PEACEKEEPING
ACTIVITIES.
Section 4 of the United Nations Participation Act of 1945 (22
U.S.C. 287b) is amended--
(1) by striking the second sentence;
(2) by inserting ``(a)'' before ``The President''; and
(3) by adding at the end the following:
``(b)(1) Except as provided in paragraph (2), at least 15 days
before any vote in the Security Council to authorize any United Nations
peacekeeping activity or any other action under the Charter of the
United Nations (including any extension, modification, suspension, or
termination of any previously authorized United Nations peacekeeping
activity or other action) which would involve the use of United States
Armed Forces or the expenditure of United States funds, the President
shall submit to the appropriate congressional committees a notification
with respect to the proposed action. This notification shall include a
description of any anticipated involvement of United States Armed
Forces, a cost assessment of such action (including the total estimated
cost and the United States share of such cost), the mission and
objectives of United States Armed Forces that would participate in such
action, the duration and estimated termination date of the action, and
the source of funding for the United States share of the costs of the
action (whether in an annual budget request, reprogramming
notification, a budget amendment, or a supplemental budget request).
``(2) If the President determines that an emergency exists which
prevents submission of the 15-day advance notification specified in
paragraph (1) and that the proposed action is in the national security
interests of the United States, the notification described in paragraph
(1) shall be provided in a timely manner but no later than 48 hours
after the vote by the Security Council.''.
SEC. 6. TRANSMITTAL TO CONGRESS OF UNITED NATIONS RESOLUTIONS AND
REPORTS.
Section 4 of the United Nations Participation Act of 1945 (22
U.S.C. 287b), as amended by section 5 of this Act, is further amended
by adding at the end the following:
``(c)(1) Not later than 24 hours after adoption by the Security
Council of a resolution authorizing United Nations peacekeeping
activities or any other action under the Charter of the United Nations
(including any extension, modification, suspension, or termination of
any previously authorized United Nations peacekeeping activity or other
action) which would involve the use of United States Armed Forces or
the expenditure of United States funds, the Permanent Representative
shall transmit the text of such resolution and any supporting
documentation to the appropriate congressional committees.
``(2) The Permanent Representative shall promptly transmit to the
appropriate congressional committees any report prepared by the United
Nations containing an assessment of any proposed, ongoing, or concluded
United Nations peacekeeping activity.''.
SEC. 7. NOTICE TO CONGRESS REGARDING CONTRIBUTIONS FOR UNITED NATIONS
PEACEKEEPING ACTIVITIES.
Section 4 of the United Nations Participation Act of 1945 (22
U.S.C. 287b), as amended by sections 5 and 6 of this Act, is further
amended by adding at the end the following:
``(d)(1) Not later than 15 days after the United Nations submits a
billing requesting a payment by the United States of any contribution
for United Nations peacekeeping activities, the President shall so
notify the appropriate congressional committees.
``(2) The President shall notify the appropriate congressional
committees at least 15 days before the United States obligates funds
for any assessed 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 notification be provided 15 days in advance and that such
contribution is in the national security interests of the United
States, such notification shall be provided in a timely manner but no
later than 48 hours after such obligation.''.
SEC. 8. NOTICE TO CONGRESS REGARDING UNITED STATES ASSISTANCE FOR
UNITED NATIONS 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 subsection:
``(e)(1) Except as provided in paragraph (2), at least 15 days
before any agency or entity of the United States Government makes
available to the United Nations any assistance or facility to support
or facilitate United Nations peacekeeping activities, the President
shall so notify the appropriate congressional committees.
``(2) If the President determines that an emergency exists which
prevents compliance with the requirement that notification be provided
15 days in advance and that such contribution is in the national
security interests of the United States, such notification shall be
provided in a timely manner but no later than 48 hours after the
assistance or facility is made available to the United Nations.
``(3) For purposes of this subsection, the term `assistance'--
``(A) means assistance of any kind, including logistical
support, supplies, goods, or services (including command,
control, communications or intelligence assistance and
training), and the grant of rights of passage; and
``(B) includes assistance provided through in-kind
contributions or through the provision of support, supplies,
goods, or services on any terms, including on a grant, lease,
loan, or reimbursable basis; but
``(C) does not include the payment of assessed or voluntary
contributions.''.
SEC. 9. UNITED STATES CONTRIBUTIONS TO UNITED NATIONS PEACEKEEPING
ACTIVITIES.
Section 4 of the United Nations Participation Act of 1945 (22
U.S.C. 287b), as amended by section 5, 6, and 7 of this Act, is further
amended by adding at the end the following:
``(e)(1) The President shall, at the time of submission of his
annual budget request to the Congress, submit a report to the Congress
on the anticipated budget for the fiscal year for United States
participation in United Nations peacekeeping activities.
``(2) The report required by paragraph (1) shall state--
``(A) the aggregate amount of funds available to the United
Nations for that fiscal year, including assessed and voluntary
contributions, which may be made available for United Nations
peacekeeping activities; and
``(B) 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.
``(3) The President shall include in his budget submission for
fiscal year 1996 a projection of all United States costs for United
Nations peacekeeping activities during each of fiscal years 1996, 1997,
and 1998, including costs of in-kind contributions and assessed and
voluntary contributions.''.
SEC. 10. ANNUAL REPORTS ON UNITED STATES CONTRIBUTIONS TO UNITED
NATIONS PEACEKEEPING ACTIVITIES.
Section 4 of the United Nations Participation Act of 1945 (22
U.S.C. 287b), as amended by sections 5, 6, 7, and 9 of this Act, is
further amended by adding at the end the following:
``(f)(1) Not later than 90 days after the date of enactment of this
subsection and each year thereafter at the time of the President's
budget submission to the Congress, the Secretary of State, after
consultation with the heads of other relevant Federal agencies
(including the Secretary of Defense), shall submit to the appropriate
congressional committees a report on United States contributions to
United Nations peacekeeping activities.
``(2) Each such report shall include the following information:
``(A) The number and nature of ongoing United Nations
peacekeeping activities.
``(B) The priority accorded to each ongoing United Nations
peacekeeping activity, and the anticipated duration of each
such activity.
``(C) An assessment of the effectiveness of each ongoing
United Nations peacekeeping activity, its relationship to
United States national security interests, and the efforts by
the United Nations to resolve the relevant armed conflicts; and
the projected termination dates for each such activity.
``(D) The total costs of each United Nations peacekeeping
activity, both ongoing and concluded, and the total cost of all
such activities.
``(E) The amount of United States assessed and voluntary
contributions to each such activity, and the total of such
contributions to all such activities.
``(F) The incremental costs incurred by the Department of
Defense for each such activity, and for all such activities.
``(G) Any other assistance (as defined in section 7(e) of
this Act, as added by the Peace Powers Act of 1994) made
available by the United States for United Nations peacekeeping
activities, specifying which assistance was provided on a
reimbursable basis and which was provided on a nonreimbursable
basis or on concessional terms.
``(H) An assessment of the United Nations management and
support for United Nations peacekeeping activities, including
all recommendations for improvement made by the United States
and any action to implement such recommendations by the United
Nations.
``(I) A detailed description (including dollar amounts
expended and credited) of efforts by the United States
Government to seek and receive credit toward the United States
assessment for United Nations peacekeeping activities for all
United States assistance provided in support of United Nations
peacekeeping objectives.
``(3) The first report submitted pursuant to this subsection shall
include information with respect to costs and contributions for all
United Nations peacekeeping activities since October 1945. Subsequent
reports shall include such information for the immediately preceding
fiscal year and (to the extent such information is available) for the
then current fiscal year.''.
SEC. 11. REIMBURSEMENT TO THE UNITED STATES FOR IN-KIND CONTRIBUTIONS
TO UNITED NATIONS PEACEKEEPING ACTIVITIES.
Section 7 of the United Nations Participation Act of 1945 (22
U.S.C. 287d-1), as amended by section 8 of this Act, is further
amended--
(1) in subsection (b)--
(A) by striking all that follows ``: Provided,''
through ``Provided further,'';
(B) by adding at the end the following: ``The
Secretary of Defense may waive the requirement for such
reimbursement if the Secretary, after consultation with
the Secretary of State and the Director of the Office
of Management and Budget, determines that an emergency
exists which justifies waiver of that requirement. Any
such waiver shall be submitted to the appropriate
congressional committees at least 15 days before it
takes effect, except that if the President determines
that an emergency exists which prevents compliance with
the requirement that the notification be provided 15
days in advance and that the provision under subsection
(a)(1) or (2) of personnel or assistance on a
nonreimbursable basis is in the national security
interests of the United States, such notification shall
be provided in a timely manner but no later than 48
hours after such waiver takes effect.''; and
(2) by adding at the end the following new subsections:
``(f) In any fiscal year (beginning in fiscal year 1995),
appropriated funds may not be used to pay any United States assessed or
voluntary contribution for United Nations peacekeeping activities until
the Secretary of Defense certifies to the Congress that the United
Nations has reimbursed the Department of Defense directly for all goods
and services that were provided to the United Nations by the Department
of Defense on a reimbursable basis during the preceding fiscal year for
United Nations peacekeeping activities, including personnel and
assistance provided under this section (except to the extent that the
authority of subsection (b) to waive the reimbursement requirement was
exercised with respect to such personnel or assistance).
``(g)(1) The Secretary of State shall ensure that goods and
services provided on a reimbursable basis by the Department of Defense
to the United Nations for United Nations peacekeeping operations are
reimbursed at the appropriate value, as determined by the Department of
Defense.
``(2) Not later than one year after the date of enactment of this
subsection, the Permanent Representative shall submit a report to the
appropriate congressional committees on all actions taken by the United
States mission to the United Nations to achieve the objective described
in paragraph (1).''.
SEC. 12. LIMITATION ON USE OF DEPARTMENT OF DEFENSE FUNDS FOR UNITED
NATIONS PEACEKEEPING ACTIVITIES.
Beginning October 1, 1995, funds made available to the Department
of Defense (including funds for ``Operation and Maintenance'') shall be
available for--
(1) United States assessed or voluntary contributions for
United Nations peacekeeping activities, or
(2) the incremental costs associated with the participation
of United States Armed Forces in United Nations peacekeeping
activities,
only to the extent that the Congress has by law specifically made those
funds available for such purposes.
SEC. 13. ASSESSED CONTRIBUTIONS FOR UNITED NATIONS PEACEKEEPING
ACTIVITIES.
(a) Reassessment of Contribution Percentages.--The Permanent
Representative should make every effort to ensure that the United
Nations completes an overall review and reassessment of each nation's
assessed contributions for United Nations peacekeeping activities. As
part of the overall review and assessment, the Permanent Representative
should make every effort to advance the concept that host governments
and other governments in the region where a United Nations peacekeeping
activity is carried out should bear a greater burden of its financial
cost.
(b) United States Contributions.--(1) The Permanent Representative
should make every effort to obtain agreement by the United Nations to a
United States assessed contribution for United Nations peacekeeping
activities that is no greater a percentage of such contributions by all
countries than the United States percentage share of assessed
contributions for other United Nations activities.
(2) The Congress declares that, effective for fiscal year 1996, it
does not intend to make available funds for payment of United States
assessed or voluntary contributions for United Nations peacekeeping
activities that exceed 25 percent of the total amount of the assessed
and voluntary contributions of all countries for such activities
unless, after the date of enactment of this Act, the Congress enacts a
statute specifically authorizing a greater percentage contribution.
(3) The Permanent Representative shall inform the Secretary General
of the congressional intent expressed in paragraph (2).
SEC. 14. ``BUY AMERICA'' REQUIREMENT.
No funds may be obligated or expended to pay any United States
assessed or voluntary contribution for United Nations peacekeeping
activities unless the Secretary of State determines and certifies to
the appropriate congressional committees that United States
manufacturers and suppliers are being given opportunities to provide
equipment, services, and material for such activities equal to those
being given to foreign manufacturers and suppliers.
SEC. 15. UNITED STATES PERSONNEL TAKEN PRISONER WHILE SERVING IN
MULTILATERAL PEACEKEEPING FORCES.
(a) Findings.--The Congress finds that--
(1) until recent years United States military personnel
rarely served as part of multilateral forces under the United
Nations or regional international organizations;
(2) despite infrequent service as part of multilateral
forces, United States personnel, such as Colonel William
Higgins in Lebanon, have been captured, tortured, and murdered;
(3) in recent years, United States military personnel have
served much more frequently as part of multilateral forces;
(4) the capture and torture of Chief Warrant Officer
Michael Durant in Somalia in October 1993 was a horrendous and
recent example of the risk to United States personnel in
multilateral forces;
(5) continued multilateral service increases the
probability that United States military personnel will be
captured, and subject to mistreatment;
(6) United States military personnel captured while serving
as part of multilateral forces have not been treated as
prisoners of war under the 1949 Geneva Conventions and other
international agreements intended to protect prisoners of war;
and
(7) failure of United States military personnel serving as
part of a multilateral force to receive protection under
international law increases the risk to personnel while serving
in multinational forces.
(b) Policy.--It is the sense of the Congress that--
(1) the President should take immediate steps, unilaterally
and in appropriate international bodies, to assure that any
United States military personnel serving as part of a
multilateral force who are captured are accorded the protection
accorded to prisoners of war; and
(2) the President should also take all necessary steps to
bring to justice all individuals responsible for any
mistreatment, torture, or death of United States military
personnel who are captured while serving in a multilateral
force.
(c) Report.--Each report submitted pursuant to section 4(f) of the
United Nations Participation Act of 1945 (as added by section 10 of
this Act), shall include a separate section setting forth--
(1) the status under international law of members of
multilateral peacekeeping forces, including the legal status of
such personnel if captured, missing, or detained,
(2) the extent of the risk for United States military
personnel who are captured while participating in multinational
peacekeeping forces in cases where their captors fail to
respect the 1949 Geneva Conventions and other international
agreements intended to protect prisoners of war, and
(3) the specific steps that have been taken to protect
United States military personnel participating in multinational
peacekeeping forces, together (if necessary) with any
recommendations for the enactment of legislation to achieve
that objective.
SEC. 16. PROVISION OF INTELLIGENCE TO THE UNITED NATIONS.
(a) Requirement for Agreements.--The United States may provide
intelligence to the United Nations only pursuant to a written agreement
between the President and the Secretary General of the United Nations
specifying--
(1) the types of intelligence to be provided to the United
Nations;
(2) the circumstances under which intelligence may be
provided to the United Nations; and
(3) the procedures to be observed by the United Nations--
(A) concerning who shall have access to the
intelligence provided; and
(B) to protect the intelligence against disclosure
not authorized by the agreement.
Any such agreement shall be effective for a period not to exceed one
year from the date on which the agreement enters into force.
(b) Advance Notification to Congress.--An agreement described in
subsection (a) shall be effective only if the President has transmitted
the agreement to the Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House of
Representatives not less than 30 days in advance of the entry into
force of the agreement.
(c) Delegation of Authority.--The President may delegate the
authority and assign the duties of the President under this section
only to the Secretary of Defense or the Director of Central
Intelligence.
(d) Exceptions.--Subsection (a) shall not apply to the provision of
intelligence--
(1) only to and for the use of United States Government
personnel serving with the United Nations; or
(2) essential for the protection of nationals of the United
States, including members of the United States Armed Forces and
civilian personnel of the United States Government.
(e) Existing Law.--Nothing in this section shall be construed to--
(1) impair or otherwise affect the authority of the
Director of Central Intelligence to protect intelligence
sources and methods from unauthorized disclosure pursuant to
section 103(c)(5) of the National Security Act of 1947 (50
U.S.C. 403-3(c)(5)); or
(2) supersede or otherwise affect the provisions of--
(A) title V of the National Security Act of 1947
(50 U.S.C. 413-415); or
(B) section 112b of title 1, United States Code.
(f) Effective Date.--This section takes effect 60 days after the
date of enactment of this section.
SEC. 17. UNITED NATIONS PEACEKEEPING BUDGETARY AND MANAGEMENT REFORM.
(a) Withholding of Contributions for United Nations Peacekeeping.--
(1) At the beginning of each fiscal year (beginning with fiscal year
1995), 50 percent of the amounts of funds made available for United
States assessed contributions for United Nations peacekeeping
activities shall be withheld from obligation and expenditure unless a
certification has been made under subsection (b).
(2) For each fiscal year (beginning with fiscal year 1995), the
United States may not pay any voluntary contribution for international
peacekeeping activities unless a certification has been made under
subsection (b).
(b) Certification.--The certification referred to in subsection (a)
is a certification by the President to the Congress that--
(1) the United Nations has established an independent and
objective Office of Inspector General to conduct and supervise
audits, inspections, and investigations relating to the United
Nations peacekeeping activities carried out by the United
Nations;
(2) the Secretary General of the United Nations has
appointed an Inspector General, with the consent of the General
Assembly, solely the basis of integrity and demonstrated
ability in accounting, auditing, financial analysis, law,
management analysis, public administration, or investigations;
(3) the United Nations Office of Inspector General is
authorized to--
(A) make investigations and reports relating to the
administration of the United Nations peacekeeping
activities carried out by the United Nations;
(B) have access to all records and documents or
other material available which relate to those
activities; and
(C) have direct and prompt access to relevant
officials of the United Nations, including any official
of the United Nations Secretariat;
(4) the United Nations Office of Inspector General is
keeping the Secretary General and the members of the Security
Council fully informed about problems, deficiencies, and the
necessity for, and progress of, corrective action;
(5) the United Nations has established measures to protect
the identity of, and to prevent reprisals against, any staff
member making a complaint or disclosing information to, or
cooperating in any investigation or inspection by the Office of
the Inspector General; and
(6) the United Nations has enacted procedures to ensure
compliance with Inspector General recommendations.
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