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FILE h7.ih
104th CONGRESS
1st Session
To revitalize the national security of the United States.
IN THE HOUSE OF REPRESENTATIVES
January 4, 1995
Mr. Spence, Mr. Gilman, Mr. Bryant of Tennessee, and Mr. Hayes (for
themselves, Mr. Weldon of Pennsylvania, Mr. Dornan, Mr. Saxton,
Mr. Torkildsen, Mr. Bartlett of Maryland, Mr. Longley, Mr.
Callahan, Mr. Royce, Mr. Bachus, Mr. Hoke, Mr. Hastert, Mr.
Smith of Texas, Mr. Funderburk, Mr. Clinger, Mr. Kim, Mr.
Ballenger, Mr. Pombo, Mr. Nussle, Mr. Crane, Mr. Taylor of
North Carolina, Mr. Crapo, Mr. Kolbe, Mr. Hall of Texas, Mr.
Paxon, Mr. Young of Florida, Mr. Combest, Mr. Coble, Mr.
Ehrlich, Mrs. Meyers of Kansas, Mr. Stockman, Mr. Smith of
Michigan, Mr. Baker of California, Mr. Cox, Mr. Shaw, Mr.
Herger, Mr. Heineman, Mrs. Fowler, Mr. Stearns, Mr. Hutchinson,
Mr. Hancock, Mr. Zimmer, Mr. Linder, Mr. Emerson, Mr.
Hostettler, Mr. Jones, Mr. Ensign, Mr. Tiahrt, Mrs. Myrick, Mr.
Houghton, Mr. Frelinghuysen, Mr. Ewing, Mrs. Cubin, Mr.
Hastings of Washington, Mr. Weldon of Florida, Mr. Ganske, Mr.
Coburn, Mr. Largent, Mr. Weller, Mr. Lewis of Kentucky, Mr.
LaHood, Mr. Bunning of Kentucky, Mr. Foley, Mr. Inglis of South
Carolina, Mr. Lightfoot, Mr. Istook, Mr. Calvert, Mr. Hobson,
Mr. Cremeans, Mr. Knollenberg, Mr. Bilirakis, Mr. Goodling, Mr.
Hayworth, Mr. Fox, Mr. Radanovich, Mr. Wamp, Mr. Gilchrest, Mr.
Blute, Mr. Solomon, Mr. Bliley, Mr. Doolittle, Mr. Packard, Mr.
Stump, Mr. Everett, Mr. Miller of Florida, Mr. LaTourette, Mr.
Flanagan, Mr. Burr, Ms. Molinari, Mr. Gunderson, Mr.
Thornberry, Mr. Riggs, Mr. Goodlatte, Mr. Christensen, Mr.
Hilleary, Mr. Wicker, Mr. Bono, Mr. Cooley, Mr. Frisa, Mr.
McIntosh, Mr. Smith of New Jersey, Mr. Shadegg, Mrs. Johnson of
Connecticut, Mr. Cunningham, Mr. Chrysler, Mr. Canady, Mr.
McCollum, Mr. Barton of Texas, Mr. Gillmor, Mr. Barr, Mr.
Armey, Mr. Forbes, Mr. Waldholtz, Mr. Tate, Ms. Dunn, Mr. Mica,
and Mr. McHugh) introduced the following bill; which was
referred as follows:
Title I, referred to the Committee on International Relations and,
in addition, to the Committee on National Security, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
Title II, referred to the Committee on National Security
Title III, referred to the Committee on National Security and, in
addition, to the Committee on International Relations, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
Section 401, referred to the Committee on National Security and, in
addition, to the Committee on International Relations, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
Section 402, referred to the Committee on International Relations
Title V, referred to the Committee on International Relations and,
in addition, to the Committee on National Security and the
Permanent Select Committee on Intelligence, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned
Title VI, referred to the Committee on International Relations
Title VII, referred to the Committee on the Budget
A BILL
To revitalize the national security of the United States.
Be it enacted by the Senate and House of Representatives 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--MISSILE DEFENSE
Sec. 201. Policy.
Sec. 202. Actions of the Secretary of Defense.
Sec. 203. Report to Congress.
TITLE III--REVITALIZATION OF NATIONAL SECURITY COMMISSION
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 command or operational
control of a foreign national acting on behalf of the United
Nations.
Sec. 402. Limitation on placement of United States Armed Forces
under foreign 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 Nations 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 activities.
Sec. 506. Reimbursement to the United States for in-kind
contributions to United Nations peacekeeping activities.
Sec. 507. Prohibition on use of funds to pay United States assessed
or voluntary contribution for United Nations peacekeeping
activities unless Department of Defense reimbursed by United
Nations for certain goods and services.
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 contributions for United Nations peacekeeping
operations.
Sec. 510. Buy American requirement.
Sec. 511. United Nations peacekeeping budgetary and management
reform.
Sec. 512. Conditions on provision of intelligence to the United
Nations.
TITLE VI--REVITALIZATION AND 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.
Sec. 605. Annual reporting requirement.
Sec. 606. Definitions.
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) Since January 1993, presidential budgets and budget plans
have set forth a reduction in defense spending of
$156,000,000,000 through fiscal year 1999.
(2) The fiscal year 1995 budget is the 10th consecutive year
of reductions in real defense spending and, with the exception
of fiscal year 1948, represents the lowest percentage of gross
domestic product for any defense budget since World War II.
(3) During fiscal year 1995, the number of active 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
estimates that 1,200,000 defense-related private sector jobs
will be lost by 1997.
(4) 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 missions per year than ever before. Most of these
missions involve United Nations peace keeping and humanitarian
efforts. At the end of fiscal year 1994, over 70,000 United
States personnel were serving in such regions as Iraq, Bosnia,
Macedonia, the Adriatic Sea, Rwanda, and the Caribbean Sea for
missions involving Haiti and Cuba.
(5) United Nations assessments to the United States for peace
keeping missions totaled almost $1,500,000,000 in 1994. The
United States is assessed 31.7 percent of annual United Nations
costs for peace keeping and other United Nations missions. 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 participation in United Nations peace keeping 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.
(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 Pacific fleets. Funding
shortfalls for that fiscal year resulted in a grounding of Navy
and Marine Corps aircraft 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
deployed.
(7) As of January 1, 1995, military pay is approximately 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 maintain the
battlefield technology edge of the United States over other
nations are being delayed or canceled in an attempt to prevent
the further erosion of military force readiness.
(9) The centerpiece of the Administration's defense 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 reported 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 resources 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 national 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 United States
personnel of United States forces participating 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 antiballistic
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 forward-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 missile attacks.
(b) Advanced Theater Missile Defenses: The Secretary of Defense
shall develop for deployment at the earliest possible date advanced
theater missile defense systems.
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 theater 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 Representatives; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the Senate.
TITLE III--REVITALIZATION OF NATIONAL SECURITY COMMISSION
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 composed 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 consultation with the minority
leader of the House of Representatives.
(3) Four members shall be appointed by the President pro
tempore of the Senate upon the recommendation of the majority
leader and the minority leader of the Senate.
(b) Qualifications: The members of the Commission shall be
appointed from among persons having knowledge and experience in
defense and foreign policy.
(c) Term of Members; Vacancies: Members of the Commission shall
be appointed for the life of the Commission. A vacancy on the
Commission shall not affect its powers, but shall be filled in the
same manner as the original appointment was made.
(d) Commencement: The members of the Commission 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 national security needs of
the United States. The review shall include the following:
(1) An assessment of the need for a new national 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 national 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 structure necessary
to support the new strategies identified under paragraphs (1)
and (2).
(4) An assessment of force modernization requirements
necessary to support the new strategies identified under
paragraphs (1) and (2).
(5) An assessment of military infrastructure requirements
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 Review in executing the
national military strategy.
(8) An assessment of the adequacy of the current 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 recommendations 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 systems 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 humanitarian missions.
(5) Provide a stronger role for Guard and Reserve forces.
(6) Provide a new funding system to avoid diversions 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 committees a report on the
assessments and recommendations referred 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 submit to the President
and the designated congressional committees an interim report
describing the Commission's progress in fulfilling its duties under
section 303. The interim report shall include any preliminary
recommendations the Commission may have reached and shall be
submitted not later than October 1, 1995.
(c) Designated Congressional Committees: For purposes of this
section, the term `designated congressional committees' means--
(1) the Committee on National Security, the Committee on
International Relations, and the Committee on Appropriations of
the House of Representatives; 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 purpose 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, relevant 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 information to the
Commission.
(c) Mail: The Commission may use the United States mails in the
same manner and under the same conditions 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 Commission 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 compensated 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 detail, without reimbursement, any
personnel of such department or agency to the Commission to assist
the Commission in carrying out its duties under this section. The
detail of any such personnel may not result in the interruption or
loss of civil service status or privilege of such personnel.
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 NATIONAL 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:
`Sec. 405. Placement of United States forces under command or
operational control of foreign nationals acting on behalf of the
United Nations: limitation
`(a) Limitation: (1) Except as provided in subsections (b) and
(c), funds appropriated or otherwise made available 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 the command or
operational control 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 acting 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 Certification: (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 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 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 specifically authorizes by law that particular placement
of United States forces under such command or operational control.
`(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--
`(A) such a command or operational control arrangement is
necessary to protect national 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 superior United
States military authorities; and
`(ii) to decline to comply with orders judged by the
commander to be illegal, militarily imprudent, 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 commander has declined to comply 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
administrative command for such purposes as discipline and
evaluation; and
`(D) 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.
`(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 relationship between
the United States forces involved and the United Nations
command structure.
`(F) The precise command and control relationship between
the United States forces involved 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 security to
the United States forces involved.
`(H) The timetable for complete withdrawal of the United
States forces involved.
`(e) Classification of Report: A report under subsection (c)
shall be submitted in unclassified form and, if necessary, in
classified form.
`(f) 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.
`(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; 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 subchapter 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 foreign national acting on behalf of the
United Nations does not violate the Constitution.
(c) Exception for Ongoing Operation in Macedonia: 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 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 ACTIVITY.
(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 Council: (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 Congress 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
international peace and security in accordance with Article 43 of
the Charter of the United Nations.
`(b) Limitation: (1) Except as provided in subsections (c) and
(d), the President may not place any element of the Armed Forces
under the command or operational control 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 acting 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 Certification: (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 effective (or as
provided in paragraph (2)), meets the requirements of subsection (e).
`(2) If the President certifies to Congress that an emergency
exists that precludes the President from meeting the requirements
of subsection (e) 15 days before placing 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 (e) in a timely manner, but in
no event later than 48 hours after such command 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 specifically authorizes by law that particular placement
of United States forces under such command or operational control.
`(e) Presidential Certifications: The requirements referred to in
subsection (c)(1) are that the President submit to Congress the
following:
`(1) Certification by the President that--
`(A) such a command or operational control arrangement is
necessary to protect national 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 superior United
States military authorities; and
`(ii) to decline to comply with orders judged by the
commander to be illegal, militarily imprudent, 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 commander has declined to comply 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
administrative command for such purposes as discipline and
evaluation; and
`(D) 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.
`(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 relationship between
the United States forces involved and the United Nations
command structure.
`(F) The precise command and control relationship between
the United States forces involved 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 security to
the United States forces involved.
`(H) The timetable for complete withdrawal 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 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
foreign national acting on behalf of the United Nations does not
violate the Constitution.
(c) Exception for Ongoing Operation in Macedonia: 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
OPERATIONS.
(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 Operations:
`(1) Limitation: Funds may be obligated for payment to the
United Nations of the United States assessed share of
peacekeeping operations for a fiscal 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 reimbursement 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 congressional 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, directly or
indirectly, United Nations peacekeeping activities. 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 subsection:
`(A) United nations peacekeeping activities: The term
`United Nations peacekeeping 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 committees: The term
`designated congressional committees' includes the
Committee on National 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 CONGRESS OF PROPOSED
UNITED NATIONS PEACEKEEPING ACTIVITIES.
(a) Required Notice: Section 4 of the United Nations
Participation Act of 1945 (22 U.S.C. 287b) is amended--
(1) by striking the second sentence of subsection (a);
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) a new subsection (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 subparagraph (A), by
inserting `in written form not later than the 10th day
of' after `shall be provided';
(ii) in subparagraph (A)(iv), by inserting
`(including facilities, training, transportation,
communication, intelligence, and logistical support)'
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 United States
assistance to or support for the operation (including
facilities, training, transportation, communication,
intelligence, and logistical support), and an estimate
of the cost to the United States of such assistance or
support.';
(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 operation 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 Security Council
resolution, as measured by either the number of personnel
participating (or authorized 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 authorized 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 Participation 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 congressional committees' has the
meaning given such term in section 10(f).'.
SEC. 503. NOTICE TO CONGRESS REGARDING UNITED STATES CONTRIBUTIONS
FOR UNITED NATIONS 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 Contributions 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 obligation of funds: The
President shall notify the designated 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. 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 subsection:
`(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 notify 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 assistance or less than $5,000,000 in
the case of reimbursable 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 advance 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 manner 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 `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. 505. UNITED STATES CONTRIBUTIONS TO UNITED NATIONS
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 subparagraph (E); and
(2) by inserting after subparagraph (C) the following new
subparagraph:
`(D) A description of the anticipated budget for the next
fiscal year for United States participation in United
Nations peacekeeping activities, including a statement of--
`(i) 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
`(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 NATIONS PEACEKEEPING
ACTIVITIES.
(a) In General: Section 7 of the United Nations Participation Act
of 1945 (22 U.S.C. 287d-1), as amended 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 inserting `United States.
When'; and
(C) by adding at the end the following:
`(2) The Secretary of Defense may waive the requirement for
reimbursement under paragraph (1) 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 designated congressional committees, as
defined in section 10(a)(3)(B), 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 (a)(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 subsection:
`(f) 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 under
this section or any other provision of law are reimbursed at the
appropriate value, as determined by the Secretary of Defense.'.
(b) Initial Report:
(1) In general: Not later than one year after the date of the
enactment of this Act, the Representative of the United States
to the United Nations shall submit to the designated
congressional committees a report on all actions taken by the
United States mission to the United Nations to achieve the
objective described in section 7(f) of the United Nations
Participation Act of 1945, as added by subsection (a)(2).
(2) Designated congressional committees defined: As used in
this subsection, the term `designated congressional committees'
has the meaning given such term in section 10(a)(3)(B) of the
United Nations Participation Act of 1945, as added by section
501.
SEC. 507. PROHIBITION ON USE OF FUNDS TO PAY UNITED STATES ASSESSED
OR VOLUNTARY CONTRIBUTION FOR UNITED NATIONS
PEACEKEEPING ACTIVITIES UNLESS DEPARTMENT OF
DEFENSE REIMBURSED BY UNITED NATIONS FOR CERTAIN
GOODS AND SERVICES.
(a) In General: Section 10 of the United Nations Participation
Act of 1945 is amended by adding after subsection (b), as added by
section 503, the following new subsection:
`(c) Prohibition on Use of Funds To Pay Assessed or Voluntary
Contributions for Peacekeeping Activities Unless Department of
Defense Reimbursed for Certain Goods and Services: Appropriated
funds may not be used to pay any United States assessed or
voluntary contribution during any fiscal year 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 section 7 (except to the extent that the authority
of subsection (b)(2) of such section to waive the reimbursement
requirement was exercised with respect to such personnel or
assistance).'.
(b) Effective Date: The prohibition contained in section 10(c) of
the United Nations Participation Act of 1945, as added by
subsection (a), shall apply only with respect to fiscal years after
fiscal year 1995.
SEC. 508. LIMITATION ON USE OF DEPARTMENT OF DEFENSE FUNDS FOR
UNITED STATES SHARE OF COSTS OF UNITED NATIONS
PEACEKEEPING ACTIVITIES.
(a) In General: (1) Chapter 20 of title 10, United States Code,
is amended by inserting after section 405, as added by section 401
of this Act, the following new section:
`Sec. 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 for Payment of Assessment: No
funds available to the Department of Defense shall be available for
payment of any United States assessed or voluntary contribution for
United Nations peacekeeping activities.
`(b) Limitation on Use of Funds for Participation in Peacekeeping
Activities: Funds available to the Department of Defense may be
used for payment of the incremental costs associated with the
participation of elements of the armed forces in United Nations
peacekeeping activities only to the extent that Congress has by law
specifically authorized the use of those funds for such purposes.'.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
`406. Use of Department of Defense funds for United States share of
costs of United Nations peacekeeping activities: limitation.'.
(b) Effective Date: Section 406 of title 10, United States Code,
as added by subsection (a), shall take effect on October 1, 1995.
SEC. 509. CODIFICATION OF LIMITATION ON AMOUNT OF UNITED STATES
ASSESSED CONTRIBUTIONS FOR UNITED NATIONS
PEACEKEEPING OPERATIONS.
(a) In General: Section 10 of the United Nations Participation
Act of 1945 is amended by adding after subsection (c), as added by
section 507, the following new subsection:
`(d) Limitation on Assessed Contribution With Respect to a
Peacekeeping Operation: Funds authorized to be appropriated for
`Contributions for International Peacekeeping Activities' for any
fiscal year shall not be available for the payment of the United
States assessed contribution for a United Nations peacekeeping
operation in an amount which is greater than 25 percent of the
total amount of all assessed contributions for that operation.'.
(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 `Contributions 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 1994 and 1995 (Public Law 103-236)
is amended by striking paragraph (2).
SEC. 510. BUY AMERICAN REQUIREMENT.
Section 10 of the United Nations Participation Act of 1945 is
amended by adding after subsection (d), as added by section 509,
the following new subsections:
`(e) Buy American 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 designated
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.
`(f) Designated Congressional Committees Defined: As used in this
section, the term `designated congressional committees' means--
`(1) the Committee on International Relations and the
Committee on Appropriations of the House of Representatives; and
`(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.'.
SEC. 511. UNITED NATIONS BUDGETARY AND MANAGEMENT REFORM.
(a) In General: The United Nations Participation Act of 1945 (22
U.S.C. 287 et seq.) is further amended by adding at the end the
following new section:
`Sec. 11. (a) Withholding of Contributions:
`(1) Assessed contributions for regular united nations
budget: At the beginning of each fiscal year, 20 percent of the
amount of funds made available for that fiscal year for United
States assessed contributions for the regular United Nations
budget shall be withheld from obligation and expenditure unless
a certification for that fiscal year has been made under
subsection (b).
`(2) Assessed contributions for united nations peacekeeping:
At the beginning of each fiscal year, 50 percent of the amount
of funds made available for that fiscal year for United States
assessed contributions for United Nations peacekeeping
activities shall be withheld from obligation and expenditure
unless a certification for that fiscal year has been made under
subsection (b).
`(3) Voluntary contributions for united nations peacekeeping:
The United States may not during any fiscal year pay any
voluntary contribution to the United Nations for international
peacekeeping activities unless a certification for that fiscal
year has been made under subsection (b).
`(b) Certification: The certification referred to in subsection
(a) for any fiscal year is a certification by the President to the
Congress, submitted on or after the beginning of that fiscal year,
of each of the following:
`(1) The United Nations has an independent office of
Inspector General to conduct and supervise objective audits,
inspections, and investigations relating to programs and
operations of the United Nations.
`(2) The United Nations has an Inspector General who was
appointed by the Secretary General with the approval of the
General Assembly and whose appointment was made principally on
the basis of the appointee's integrity and demonstrated
ability in accounting, auditing, financial analysis, law,
management analysis, public administration, or investigation.
`(3) The Inspector General is authorized to--
`(A) make investigations and reports relating to the
administration of the programs and operations of the United
Nations;
`(B) have access to all records, documents, and other
available materials relating to those programs and
operations;
`(C) have direct and prompt access to any official of the
United Nations; and
`(D) have access to all records and officials of the
specialized agencies of the United Nations.
`(4) The United Nations has fully implemented, and made
available to all member states, procedures that effectively
protect the identity of, and prevent reprisals against, any
staff member of the United Nations making a complaint or
disclosing information to, or cooperating in any investigation
or inspection by, the United Nations Inspector General.
`(5) The United Nations has fully implemented procedures that
ensure compliance with recommendations of the United Nations
Inspector General.
`(6) The United Nations has required the United Nations
Inspector General to issue an annual report and has ensured
that the annual report and all other reports of the Inspector
General are made available to the General Assembly without
modification.
`(7) The United Nations has provided, and is committed to
providing, sufficient budgetary resources to ensure the
effective operation of the United Nations Inspector General.'.
(b) Effective Date: Section 11 of the United Nations
Participation Act of 1945, as added by subsection (a), shall apply
only with respect to fiscal years after fiscal year 1995.
SEC. 512. CONDITIONS ON PROVISION OF INTELLIGENCE TO THE UNITED
NATIONS.
(a) In General: The United Nations Participation Act of 1945 (22
U.S.C. 287 et seq.) is further amended by adding at the end the
following new section:
`Sec. 12. (a) Conditions on Provision of Intelligence to the
United Nations:
`(1) Requirement for agreement: 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.
`(2) Content of agreement: Any such agreement shall specify--
`(A) the types of intelligence to be provided to the
United Nations;
`(B) the circumstances under which intelligence may be
provided to the United Nations; and
`(C) the procedures to be observed by the United Nations--
`(i) concerning persons who shall have access to the
intelligence provided; and
`(ii) to protect the intelligence against disclosure
not authorized by the agreement.
`(3) Duration of 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 Committee on International
Relations and the Permanent Select Committee on Intelligence of the
House of Representatives and to the Committee on Foreign Relations
and the Select Committee on Intelligence of the Senate 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) that is provided only to, and for the use of, United
States Government personnel serving with the United Nations; or
`(2) that is 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) Relationship to 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.'.
(b) Effective Date: The amendment made by subsection (a) shall
take effect 60 days after the date of the enactment of this Act.
TITLE VI--REVITALIZATION AND EXPANSION OF THE NORTH ATLANTIC TREATY
ORGANIZATION
SEC. 601. SHORT TITLE.
This title may be cited as the `NATO Revitalization and Expansion
Act of 1995'.
SEC. 602. FINDINGS.
The Congress makes the following findings:
(1) Since 1948, the North Atlantic Treaty Organization (NATO)
has helped to guarantee the security, freedom, and prosperity
of the United States and its partners in the alliance.
(2) NATO has expanded its membership on three different
occasions since its founding in 1949.
(3) The steadfast and sustained commitment of the member
countries of NATO to mutual defense against the threat of
communist domination played a significant role in precipitating
the collapse of the Iron Curtain and the demise of the Soviet
Union.
(4) In the place of that threat, new security threats are
emerging to the shared interests of the member countries of NATO.
(5) Although these new threats are more geographically and
functionally diverse and less predictable, they still imperil
shared interests of the United States and its NATO allies.
(6) Western interests must be protected on a cooperative
basis without an undue burden falling upon the United States.
(7) NATO is the only multilateral organization that is
capable of conducting effective military operations to protect
Western interests.
(8) The valuable experience gained from ongoing military
cooperation within NATO was critical to the success of joint
military operations in the 1991 liberation of Kuwait.
(9) NATO is an important diplomatic forum for discussion of
issues of concern to its member states and for the peaceful
resolution of disputes.
(10) Admission of Central and East European countries that
have recently been freed from Communist domination to NATO
could contribute to international peace and enhance the
security of those countries.
(11) A number of countries, including the Visegrad countries
(the Czech Republic, Hungary, Poland, and Slovakia), the Baltic
states (Estonia, Latvia, and Lithuania), and Ukraine, have
expressed interest in NATO membership.
(12) In recognition of this interest, the Partnership for
Peace proposal offers limited military cooperation to many
European countries not currently members of NATO, but fails to
establish benchmarks or guidelines for eventual NATO membership.
(13) In particular, Poland, Hungary, the Czech Republic, and
Slovakia have made significant progress toward establishing
democratic institutions, free market economies, civilian
control of their armed forces, police, and intelligence
services, and the rule of law since the fall of their previous
Communist governments.
SEC. 603. UNITED STATES POLICY.
It should be the policy of the United States--
(1) to continue the Nation's commitment to an active
leadership role in NATO;
(2) to join with the Nation's NATO allies to redefine the
role of the alliance in the post-Cold War world, taking into
account--
(A) the fundamentally changed security environment of
Central and Eastern Europe;
(B) the need to assure all countries of the defensive
nature of the alliance and the desire of its members to
work cooperatively with all former adversaries;
(C) the emerging security threats posed by the
proliferation of nuclear, chemical, and biological weapons
of mass destruction and the means to deliver them;
(D) the continuing challenges to the interests of all
NATO member countries posed by unstable and undemocratic
regimes harboring hostile intentions; and
(E) the dependence of the global economy on a stable
energy supply and the free flow of commerce;
(3) to affirm that NATO military planning should include
joint military operations beyond the geographic bounds of the
alliance under Article 4 of the North Atlantic Treaty when the
shared interests of the United States and other member
countries require such action to defend vital interests;
(4) that Poland, Hungary, the Czech Republic, and Slovakia
should be in a position to further the principles of the North
Atlantic Treaty and to contribute to the security of the North
Atlantic area not later than January 10, 1999 (5 years from the
date of the establishment of the Partnership for Peace), and,
in accordance with Article 10 of such Treaty, should be invited
to become full NATO members not later than that date, provided
these countries--
(A) meet appropriate standards, including--
(i) shared values and interests;
(ii) democratic governments;
(iii) free market economies;
(iv) civilian control of the military, of the police,
and of intelligence services;
(v) adherence to the values, principles, and
political commitments embodied in the Helsinki Final
Act of the Conference on Security and Cooperation in
Europe;
(vi) commitment to further the principles of NATO and
to contribute to the security of the North Atlantic area;
(vii) commitment to accept the obligations,
responsibilities, and costs of NATO membership; and
(viii) commitment to implement infrastructure
development activities that will facilitate
participation in and support for NATO military
activities; and
(B) remain committed to protecting the rights of all
their citizens and respecting the territorial integrity of
their neighbors;
(5) that the United States, other NATO member nations, and
NATO itself should furnish appropriate assistance to facilitate
the transition of Poland, Hungary, the Czech Republic, and
Slovakia to full NATO membership not later than January 10,
1999; and
(6) that other European countries emerging from communist
domination, in particular the Baltic states (Estonia, Latvia,
and Lithuania) and Ukraine, may be in a position at a future
date to further the principles of the North Atlantic Treaty and
to contribute to the security of the North Atlantic area, and
at the appropriate time they should receive assistance to
facilitate their transition to full NATO membership and should
be invited to become full NATO members.
SEC. 604. REVISIONS TO PROGRAM TO FACILITATE TRANSITION TO NATO
MEMBERSHIP.
(a) Establishment of Program: Subsection (a) of section 203 of
the NATO Participation Act of 1994 (title II of Public Law 103-447;
22 U.S.C. 1928 note) is amended to read as follows:
`(a) Establishment of Program: The President shall establish a
program to assist in the transition to full NATO membership of
Poland, Hungary, the Czech Republic, and Slovakia and any other
European country emerging from communist domination that is
designated by the President under subsection (d)(2).'.
(b) Eligible Countries:
(1) Designated countries: Subsection (d) of such section is
amended to read as follows:
`(d) Designation of Eligible Countries:
`(1) Specified countries: The following countries are hereby
designated for purposes of this title: Poland, Hungary, the
Czech Republic, and Slovakia.
`(2) Authority for president to designate other european
countries emerging from communist domination: The President may
designate other European countries emerging from communist
domination (as defined in section 206) to receive assistance
under the program established under subsection (a). The
President may make such a designation in the case of any such
country only if the President determines, and reports to the
designated congressional committees, that such country--
`(A) has made significant progress toward establishing--
`(i) shared values and interests;
`(ii) democratic governments;
`(iii) free market economies;
`(iv) civilian control of the military, of the
police, and of intelligence services;
`(v) adherence to the values, principles, and
political commitments embodied in the Helsinki Final
Act of the Conference on Security and Cooperation in
Europe; and
`(vi) commitment to further the principles of NATO
and to contribute to the security of the North Atlantic
area;
`(vii) commitment to accept the obligations,
responsibilities, and costs of NATO membership; and
`(viii) commitment to implement infrastructure
development activities that will facilitate
participation in and support for NATO military
activities; and
`(B) is likely, within five years of such determination,
to be in a position to further the principles of the North
Atlantic Treaty and to contribute to the security of the
North Atlantic area.'.
(2) Conforming amendments:
(A) Subsections (b) and (c) of such section are amended
by striking `countries described in such subsection' and
inserting `countries designated under subsection (d)'.
(B) Subsection (e) of such section is amended--
(i) by striking `subsection (d)' and inserting
`subsection (d)(2)'; and
(ii) by inserting `(22 U.S.C. 2394)' before the
period at the end.
(C) Section 204(c) of such Act is amended by striking
`any other' and inserting `any country designated under
section 203(d)(2)'.
(c) Types of Assistance:
(1) Economic support assistance: Subsection (c) of section
203 of such Act is amended--
(A) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(B) by inserting after paragraph (2) the following new
paragraph (3):
`(3) Assistance under chapter 4 of part II of the Foreign
Assistance Act of 1961 (relating to the Economic Support Fund).'.
(2) Additional assistance:
(A) In general: Subsection (f) of such section is amended
to read as follows:
`(f) Additional Assistance: In carrying out the program
established under subsection (a), the President may, in addition to
the security assistance authorized to be provided under subsection
(c), provide assistance to countries designated under subsection
(d) from funds appropriated under the `Nonproliferation and
Disarmament Fund' account.'.
(B) Effective date: The amendment made by subparagraph
(A) does not apply with respect to funds appropriated
before the date of the enactment of this Act.
(d) Disqualification From Assistance for Support of Terrorism:
Section 203 of such Act is further amended by adding at the end the
following new subsection:
`(g) Prohibition on Providing Assistance to Foreign Governments
That Export Lethal Military Equipment to Countries Supporting
International Terrorism: Assistance may only be provided through
the program established under subsection (a) subject to the same
terms and conditions that apply under section 563 of the Foreign
Operations, Export Financing, and Related Programs Appropriations
Act, 1995 (Public Law 103-306), with respect to the making
available to foreign governments of funds appropriated or otherwise
made available under that Act.'.
(e) Annual Report: Section 205 of the NATO Participation Act of
1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note) is
amended--
(1) by inserting `annual' in the section heading before the
first word;
(2) by inserting `annual' after `include in the' in the
matter preceding paragraph (1);
(3) by redesignating paragraphs (1) and (2) as paragraphs (2)
and (3), respectively;
(4) by inserting before paragraph (2), as so redesignated,
the following new paragraph (1):
`(1) An assessment of the progress made by Poland, Hungary,
the Czech Republic, and Slovakia and by any country designated
by the President under section 203(d)(2) toward meeting the
standards for NATO membership set forth in Article 10 of the
North Atlantic Treaty, including--
`(A) an assessment of the progress of each such country
toward establishing--
`(i) shared values and interests;
`(ii) democratic governments;
`(iii) free market economies;
`(iv) civilian control of the military, of the
police, and of intelligence services;
`(v) adherence to the values, principles, and
political commitments embodied in the Helsinki Final
Act of the Conference on Security and Cooperation in
Europe;
`(vi) commitment to further the principles of NATO
and to contribute to the security of the North Atlantic
area;
`(vii) commitment to accept the obligations,
responsibilities, and costs of NATO membership; and
`(viii) commitment to implement infrastructure
development activities that will facilitate
participation in and support for NATO military
activities; and
`(B) the commitment of each such country to protecting
the rights of all its citizens and respecting the
territorial integrity of its neighbors.'; and
(5) in paragraphs (2) and (3), as so redesignated, by
striking `and other' and all that follows through the period at
the end and inserting `and any country designated by the
President pursuant to section 203(d)(2).'.
(f) Definitions: The NATO Participation Act of 1994 (title II of
Public Law 103-447; 22 U.S.C. 1928 note) is amended by adding at
the end the following new section:
`SEC. 206. DEFINITIONS.
`For purposes of this title:
`(1) NATO: The term `NATO' means the North Atlantic Treaty
Organization.
`(2) Other european countries emerging from communist
domination: The term `other European countries emerging from
communist domination' means--
`(A) any member of the Partnership for Peace that is
located--
`(i) in the territory of the former Union of Soviet
Socialist Republics; or
`(ii) in the territory of the former Socialist
Federal Republic of Yugoslavia; or
`(B) Estonia, Latvia, Lithuania, Romania, Bulgaria, or
Albania.
`(3) Designated congressional committees: The term
`designated congressional committees' means--
`(A) the Committee on International Relations, the
Committee on National Security, and the Committee on
Appropriations of the House of Representatives; and
`(B) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate.'.
TITLE VII--BUDGET FIREWALLS
SEC. 701. RESTORATION OF BUDGET FIREWALLS FOR DEFENSE SPENDING.
It is the sense of the Congress that so-called `budget firewalls'
between defense and domestic discretionary spending should be
established for each of fiscal years 1996, 1997, and 1998.
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