[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 112 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
S. J. RES. 112

     Entitled the ``Collective Security Participation Resolution''.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 14 (legislative day, June 30), 1993

Mr. Biden (for himself, Mr. Pell, Mr. Boren, and Mr. Simon) introduced 
 the following joint resolution; which was read twice and referred to 
                   the Committee on Foreign Relations

_______________________________________________________________________

                            JOINT RESOLUTION


 
     Entitled the ``Collective Security Participation Resolution''.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. TITLE.

    This resolution may be cited as the ``Collective Security 
Participation Resolution''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) The global framework embodied in the United Nations 
        Charter for maintaining international peace and security, 
        forged with American leadership at the end of World War II, for 
        four decades largely failed to provide security guarantees 
        promised by the charter.
            (2) The end of the cold war has opened unprecedented 
        opportunity for multilateral cooperation, under United Nations 
        auspices, to maintain and, where necessary, restore the peace 
        through collective military and other actions.
            (3) Collective military action in response to Iraq's 
        invasion of Kuwait was taken under article 42 of the United 
        Nations Charter, under which the Security Council may undertake 
        ``operations by air, sea, or land forces of members of the 
        United Nations''.
            (4) With the authorization of the Security Council under 
        chapter VII of the charter, and pursuant to authorization by 
        the Congress, the United States undertook military actions in 
        Kuwait and Iraq as leader of a multinational coalition with 
        United Nations sanction;
            (5) Despite Security Council approval of an armed mission 
        to Somalia to protect international relief operations from 
        attack, efforts to assemble an effective force faltered until 
        the United States offered to make a substantial military 
        commitment there under United Nations auspices, after which a 
        considerable number of other nations volunteered small military 
        contingents.
            (6) The charter contemplates that the Security Council 
        might take action to maintain or restore international peace 
        and security with forces made available to the Council pursuant 
        to article 43, which provides that ``all members undertake to 
        make available to the Security Council, on its call and in 
        accordance with a special agreement or agreements, armed 
        forces, assistance, and facilities, including rights of passage 
        necessary for the purpose of maintaining international peace 
        and security''.
            (7) Although article 43 provides that ``the agreement or 
        agreements shall be negotiated as soon as possible,'' no 
        agreement under article 43 has ever been reached during the 
        United Nations' forty-eight-year history.
            (8) From the American perspective, the formal designation 
        of forces from various nations under article 43 offers the 
        opportunity to involve other nations more promptly and reliably 
        in future collective security actions, and could thereby 
        strengthen the institutions of collective security while 
        spreading the burden of collective security more equitably.
            (9) United States leadership in achieving special 
        agreements among members of the United Nations under article 43 
        would therefore serve the interests of the United States and of 
        all United Nations members.
            (10) The United Nations Participation Act of 1945 (22 
        U.S.C. 287d) provides that--
                    (A) the President is authorized to negotiate an 
                agreement with the Security Council ``providing for the 
                numbers and types of armed forces, their degree of 
                readiness and general locations, and the nature of 
                facilities and assistance, including rights of passage, 
                to be made available to the Security Council on its 
                call for the purpose of maintaining international peace 
                and security in accordance with article 43 of the 
                charter'';
                    (B) any such agreement ``shall be subject to the 
                approval of the Congress by appropriate Act or joint 
                resolution'';
                    (C) ``the President shall not be deemed to require 
                the authorization of the Congress to make available to 
                the Security Council on its call . . . pursuant to such 
                special agreement or agreements the Armed Forces, 
                facilities, or assistance provided for therein''; and
                    (D) this authorization shall not be ``construed as 
                an authorization to the President by the Congress to 
                make available to the Security Council for such purpose 
                armed forces, facilities, or assistance in addition to 
                the forces, facilities, and assistance provided for in 
                such special agreement or agreements.''

SEC. 3. AGREEMENT AND ACTION UNDER ARTICLE 43 OF THE UNITED NATIONS 
              CHARTER.

    (a) Obligations Under Article 43 of the United Nations Charter.--
Congress finds that members of the United Nations are obligated under 
the charter to act ``as soon as possible on the initiative of the 
Security Council'' to negotiate ``a special agreement or agreements'' 
under article 43 to make available to the Security Council forces and 
facilities necessary ``for the purpose of maintaining international 
peace and security''.
    (b) Negotiation of Agreement.--Congress urges the President to 
initiate discussions among members of the Security Council, the General 
Assembly, and the Military Staff Committee leading to negotiations, 
under article 43 of the United Nations Charter, of ``a special 
agreement or agreements'' with equitable terms under which designated 
forces from various countries, including the United States, would be 
available to the Security Council.
    (c) United States Site for International Forces Training.--Congress 
affirms its support of the commitment made to the United Nations 
General Assembly by President George Bush to make bases and facilities 
available to the Security Council for multinational training of forces 
under the United Nations.
    (d) Congressional Role.--Congress--
            (1) urges the President to consult with the Committee on 
        Foreign Affairs and the Committee on Armed Services of the 
        House of Representatives and the Committee on Foreign Relations 
        and the Committee on Armed Services of the Senate in the course 
        of negotiating an article 43 agreement; and
            (2) expresses its intent to give prompt consideration to 
        any such agreement negotiated under article 43 of the charter.
    (e) Presidential Authority Pursuant to Congressional Approval of an 
Article 43 Agreement.--Congress reaffirms its commitment to the 
principle, embodied in the United Nations Participation Act of 1945, 
that congressional approval of a United States agreement under article 
43 of the charter shall have the effect of providing the President with 
full authority to direct that the United States armed forces designated 
in such agreement be employed as may be necessary to support decisions 
of the United Nations Security Council.

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