[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 872 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 872

       To revitalize the national security of the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 9, 1995

 Mr. Spence (for himself, Mr. Gilman, Mr. Bryant of Tennessee, and Mr. 
    Hayes) introduced the following bill; which was 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

_______________________________________________________________________

                                 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--ADVISORY COMMISSION ON REVITALIZATION OF NATIONAL SECURITY

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 United 
                            Nations command or control.
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. Limitation on payment of United States assessed or voluntary 
                            contributions for United Nations 
                            peacekeeping activities.
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 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.
                      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) Dramatic changes in the geo-political and military 
        landscape during the last decade have had significant impacts 
        on United States security.
            (2) Those changes include the breakup of the Warsaw Pact 
        alliance, the disintegration of the Soviet Union, and an 
        increase in regional instability and conflict.
            (3) While the magnitude and implications of these and other 
        changes continues to evolve, the world remains an unstable and 
        dangerous place. This uncertainty mandates the need for an on-
        going process to establish an appropriate national security 
        strategy and the forces needed to implement that strategy.
            (4) The centerpiece of the defense strategy of the 
        Administration, the review of the Department of Defense 
        conducted by the Secretary of Defense in 1993 known as the 
        ``Bottom Up Review'', determined that United States forces must 
        be--
                    (A) prepared to fight and win two nearly 
                simultaneous Major Regional Conflicts;
                    (B) able to sustain robust overseas presence in 
                peacetime;
                    (C) prepared for a variety of regional 
                contingencies; and
                    (D) able to deter and prevent attacks with weapons 
                of mass destruction against United States territory and 
                forces and the territory and forces of our allies.
            (5) The Bottom Up Review also recommended significant 
        reductions in military forces, including reduction in the 
        number of Navy ships by one-third, the number of Air Force 
        wings by almost one-half, and the level of funding for missile 
        defenses by over 50 percent.
            (6) The General Accounting Office and the Congressional 
        Budget Office have estimated that the mismatch between even the 
        restrictive Bottom Up Review force and the Administration 
        defense budget may be up to anywhere from $65,000,000,000 to 
        $150,000,000,000.
            (7) 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.
            (8) 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.
            (9) 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.
            (10) 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 peacekeeping 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.
            (11) Despite the dramatic increase in the pace of 
        operations and the diversion of training and exercise funds to 
        cover the costs of unbudgeted contingency operations, the Armed 
        Forces of the United States remain the most capable, motivated, 
        and effective military force in the world. The ability to 
        successfully deploy and maintain support for the range of on-
        going contingency operations demonstrates the continued quality 
        and professionalism of our troops.
            (12) However, persistent indictations of declining 
        readiness demonstrate that military units are entering the 
        early stage of a long-term systemic readiness problem. This 
        downward readiness trend risks a return to the ``hollow 
        forces'' of the 1970s.
            (13) 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. Training 
        funding shortfalls also 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.
            (14) The significant increase in deployments in support of 
        peacekeeping, humanitarian, and contingency operations has 
        placed great personnel tempo stress on many critical 
        operational units.
            (15) A real commitment to equitable compensation and 
        protection of quality-of-life programs for servicemembers and 
        their families is an esssential component to ensuring high 
        personnel morale and sustaining force readiness. However, 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.
            (16) Critical long-term modernization programs continue to 
        be delayed or cancelled as resources are diverted to cover 
        short-term personnel and readiness shortfalls resulting from an 
        underfunded defense budget and an overextended force, 
        threatening the technological superiority of future United 
States forces.
            (17) The fiscal year 1995 defense budget failed to meet the 
        current force structure goal of 184 modern long-range bombers, 
        as established in the Bottom-Up Review. Unless this long-range 
        bomber capability shortfall is addressed promptly, the Nation's 
        ability to project force will be undermined and the existing 
        bomber industrial base may be placed at risk.
            (18) 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.
            (19) United Nations assessments to the United States for 
        peacekeeping missions totaled over $1,000,000,000 in 1994. The 
        United States is assessed 31.7 percent of annual United Nations 
        costs for peacekeeping. 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 
        peacekeeping 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.
            (20) Credible and effective collective action on 
        international security concerns through the United Nations and 
        regional organizations such as the North Atlantic Treaty 
        Organization can, in appropriate cases, advance world peace, 
        strengthen the national security of the United States, and 
        foster more equitable burden-sharing with friends and allies of 
        the United States in military, political, and financial terms.

SEC. 102. POLICY.

    The Congress is committed to providing adequate resources to 
protect the national security interests of the United States, including 
the resources necessary--
            (1) to provide for sufficient forces to meet the national 
        security strategy of being able to fight and win two nearly 
        simultaneously major regional conflicts;
            (2) to provide pay and benefits necessary for members of 
        the Armed Forces (including members of the National Guard and 
        Reserve as well as active duty members) to begin closing the 
        gap between rates of civilian pay and rates of military pay;
            (3) to maintain a high quality-of-life for military 
        personnel and their dependents;
            (4) to maintain a high level of military readiness and take 
        all necessary steps to avoid a return to the ``hollow forces'' 
        of the 1970s;
            (5) to fully provide for the necessary modernization of 
        United States military forces in order to ensure their 
        technological superiority over any adversary; and
            (6) to develop and deploy at the earliest practical date 
        highly effective national and theater missile defense systems.

SEC. 103. PURPOSES.

    The purposes of this Act are--
            (1) to establish an advisory commission to assess United 
        States military needs and address the problems posed by 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 security interest of the 
        United States;
            (4) to maintain adequate 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 
        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 practical 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 practical 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 practical 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 practical 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--ADVISORY COMMISSION ON REVITALIZATION OF NATIONAL SECURITY

SEC. 301. ESTABLISHMENT.

    There is hereby established an advisory 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, one of whom shall be appointed upon 
        the recommendation of the minority leader of the House of 
        Representatives.
            (3) Four members shall be appointed by the president pro 
        tempore of the Senate, three of whom shall be appointed upon 
        the recommendation of the majority leader of the Senate and one 
        of whom shall be appointed upon the recommendation of 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 date of 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 (after consultation with the minority leader of 
the House of Representatives and the minority 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 to the United States of 
        expanding the membership of the North Atlantic Treaty 
        Organization.
            (11) An assessment of the elements of military pay and 
        allowances constituting the regular military compensation of 
        members of the Armed Forces and the development of 
        recommendations for changes in those elements in order to end 
        the dependence of some members of the Armed Forces and their 
        families on Federal and local assistance programs.
            (12) An assessment of the need to revise the command and 
        control structure of the Army Reserve.
    (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 practical date following 
        enactment of this Act.
            (3) Maintain adequate funding for military readiness 
        accounts without sacrificing modernization programs.
            (4) Maintain a strong role for Guard and Reserve forces.
            (5) Provide a new funding system to avoid diversions from 
        military readiness accounts to pay for peacekeeping and 
        humanitarian deployments such as Haiti and Rwanda.
            (6) Support security enhancing measures in the Asia-Pacific 
        region, including support for the Association of Southeast 
        Asian Nations (ASEAN) Regional Forum.
            (7) Reduce the level of defense expenditures for non-
        defense programs.

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.
    (d) Limitation Pending Submission of Interim Report.--The Secretary 
of the Army may not, during the period beginning on the date of the 
enactment of this Act and ending on the date on which the interim 
report under subsection (b) is submitted, take any action to implement 
the plan to reorganize the Army Reserve's continental United States 
headquarters structures that was announced by the Secretary on January 
4, 1995.

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 UNITED NATIONS COMMAND 
              OR CONTROL.

    (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 United Nations 
              command or control: limitation
    ``(a) Limitation.--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 United Nations command or control, as defined 
in subsection (f).
    ``(b) Exception for Presidential Certification.--(1) Subsection (a) 
shall not apply in the case of a proposed placement of an element of 
the armed forces under United Nations command or control if the 
President, not less than 15 days before the date on which such United 
Nations command or control is to become effective (or as provided in 
paragraph (2)), meets the requirements of subsection (d).
    ``(2) If the President certifies to Congress that an emergency 
exists that precludes the President from meeting the requirements of 
subsection (d) 15 days before placing an element of the armed forces 
under United Nations command or control, the President may place such 
forces under such command or control and meet the requirements of 
subsection (d) in a timely manner, but in no event later than 48 hours 
after such command or 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 United Nations command or control if the Congress 
specifically authorizes by law that particular placement of United 
States forces under United Nations command or 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 United Nations command or 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 United Nations command or 
                control will at all times retain the right--
                            ``(i) to report independently to superior 
                        United States military authorities; and
                            ``(ii) to decline to comply with orders 
                        judged by the commander to be illegal, 
                        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 United Nations command or control 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 United Nations command or control.
                    ``(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 United Nations command or control.
                    ``(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 (d) 
shall be submitted in unclassified form and, if necessary, in 
classified form.
    ``(f) United Nations Command or Control.--For purposes of this 
section, an element of the armed forces shall be considered to be 
placed under United Nations command or control if--
            ``(1) that element is under the command or operational 
        control of an individual acting on behalf of the United Nations 
        for the purpose of international peacekeeping, peacemaking, 
        peace-enforcing, or similar activity that is authorized by the 
        Security Council under chapter VI or VII of the Charter of the 
        United Nations; and
            ``(2) the senior military commander of the United Nations 
        force or operation--
                    ``(A) is a foreign national or is a citizen of the 
                United States who is not a United States military 
                officer serving on active duty; or
                    ``(B) is a United States military officer serving 
                on active duty but--
                            ``(i) that element of the armed forces is 
                        under the command or operational control of 
                        subordinate commander who is a foreign national 
                        or a citizen of the United States who is not a 
                        United States military officer serving on 
                        active duty; and
                            ``(ii) that senior military commander does 
                        not have the authority--
                                    ``(I) to dismiss any subordinate 
                                officer in the chain of command who is 
                                exercising command or operational 
                                control over United States forces and 
                                who is a foreign national or a citizen 
                                of the United States who is not a 
                                United States military officer serving 
                                on active duty;
                                    ``(II) to establish rules of 
                                engagement for United States forces 
                                involved; and
                                    ``(III) to establish criteria 
                                governing the operational employment of 
                                United States forces involved.
    ``(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;
            ``(2) as authority for the President to place any element 
        of the armed forces under the command or operational control of 
        a foreign national; or
            ``(3) as an unconstitutional infringement on the authority 
        of the President as commander-in-chief.''.
    (2) The table of sections at the beginning of subchapter I of such 
chapter is amended by adding at the end the following new item:

``405. Placement of United States forces under United Nations command 
                            or control: 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 Operations in Macedonia and Croatia.--
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 as 
part of the United Nations force designated as the United Nations 
Protection Force (UNPROFOR) that are carried out--
            (1) in Macedonia pursuant to United Nations Security 
        Council Resolution 795, adopted December 11, 1992, and 
        subsequent reauthorization Resolutions; or
            (2) in Croatia pursuant to United Nations Security Council 
        Resolution 743, adopted February 21, 1992, and subsequent 
        reauthorization Resolutions.

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 
United Nations command or control, as defined in subsection (g).
    ``(c) Exception for Presidential Certification.--(1) Subsection (b) 
shall not apply in the case of a proposed placement of an element of 
the armed forces under United Nations command or control if the 
President, not less than 15 days before the date on which such United 
Nations command or 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 an element of the armed forces 
under United Nations command or control, the President may place such 
forces under such command or control and meet the requirements of 
subsection (e) in a timely manner, but in no event later than 48 hours 
after such command or 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 United Nations command or control if the Congress 
specifically authorizes by law that particular placement of United 
States forces under United Nations command or 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 United Nations command or 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 United Nations command or 
                control will at all times retain the right--
                            ``(i) to report independently to superior 
                        United States military authorities; and
                            ``(ii) to decline to comply with orders 
                        judged by the commander to be illegal, 
                        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 United Nations command or control 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 United Nations command or control.
                    ``(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 United Nations command or control.
                    ``(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) United Nations Command or Control.--For purposes of this 
section, an element of the armed forces shall be considered to be 
placed under United Nations command or control if--
            ``(1) that element is under the command or operational 
        control of an individual acting on behalf of the United Nations 
        for the purpose of international peacekeeping, peacemaking, 
        peace-enforcing, or similar activity that is authorized by the 
        Security Council under chapter VI or VII of the Charter of the 
        United Nations; and
            ``(2) the senior military commander of the United Nations 
        force or operation--
                    ``(A) is a foreign national or is a citizen of the 
                United States who is not a United States military 
                officer serving on active duty; or
                    ``(B) is a United States military officer serving 
                on active duty but--
                            ``(i) that element of the armed forces is 
                        under the command or operational control of 
                        subordinate commander who is a foreign national 
                        or a citizen of the United States who is not a 
                        United States military officer serving on 
                        active duty; and
                            ``(ii) that senior military commander does 
                        not have the authority--
                                    ``(I) to dismiss any subordinate 
                                officer in the chain of command who is 
                                exercising command or operational 
                                control over United States forces and 
                                who is a foreign national or a citizen 
                                of the United States who is not a 
                                United States military officer serving 
                                on active duty;
                                    ``(II) to establish rules of 
                                engagement for United States forces 
                                involved; and
                                    ``(III) to establish criteria 
                                governing the operational employment of 
                                United States forces involved.
    ``(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 and Croatia.--
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 as part of the United Nations force designated as the 
United Nations Protection Force (UNPROFOR) that are carried out--
            (1) in Macedonia pursuant to United Nations Security 
        Council Resolution 795, adopted December 11, 1992, and 
        subsequent reauthorization Resolutions; or
            (2) in Croatia pursuant to United Nations Security Council 
        Resolution 743, adopted February 21, 1992, and subsequent 
        reauthorization Resolutions.

                        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 incremental costs incurred by the 
        Department of Defense 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 incremental costs incurred 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, except that 
                such term does not include any such activity authorized 
                under chapter VII of such Charter with respect to which 
                the President has certified to the Congress that the 
                activity is of such importance to the national security 
                of the United States that the United States would 
                undertake the activity unilaterally if it were not 
                authorized by the United Nations Security Council.
                    ``(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, and logistical 
                        support, but not including intelligence 
                        activities reportable under title V of the 
                        National Security Act of 1947 (50 U.S.C. 413 et 
                        seq.))'' 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, and logistical 
                        support, but not including intelligence 
                        activities reportable under title V of the 
                        National Security Act of 1947 (50 U.S.C. 413 et 
                        seq.)), 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 subparagraph (A) 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 or communications assistance and training), and the 
        grant of rights of passage; and
            ``(B) includes assistance provided through in-kind 
        contributions or through the provision of 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 or intelligence activities reportable under title 
        V of the National Security Act of 1947 (50 U.S.C. 413 et 
        seq.).''.

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. LIMITATION ON PAYMENT OF UNITED STATES ASSESSED OR VOLUNTARY 
              CONTRIBUTIONS FOR UNITED NATIONS PEACEKEEPING ACTIVITIES.

    (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) Limitation on Payment of Assessed or Voluntary Contributions 
for Peacekeeping Activities.--
            ``(1) Limitation.--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 designated 
        congressional committees that the United Nations has reimbursed 
        the Department of Defense directly for all goods and services--
                    ``(A) that were provided to the United Nations by 
                the Department of Defense on a reimbursable basis 
                during a previous fiscal year after fiscal year 1994 
                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); and
                    ``(B) for which a request for reimbursement has 
                been submitted to the United Nations in accordance with 
                paragraph (2).
            ``(2) Request for Reimbursement.--The President shall 
        establish procedures for the submission to the United Nations 
        of requests for reimbursement for goods and services provided 
        to the United Nations by the Department of Defense on a 
        reimbursable basis for United Nations peacekeeping activities. 
        Such procedures shall ensure that each such request for 
        reimbursement is submitted in a timely manner.''.
    (b) Effective Date.--The limitation in section 10(c)(1) 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 Assessments and 
Voluntary Contributions.--(1) Funds available to the Department of 
Defense may not be used to make a financial contribution (directly or 
through another department or agency of the United States) to the 
United Nations--
            ``(A) for the costs of a United Nations peacekeeping 
        activity; or
            ``(B) for any United States arrearage to the United 
        Nations.
    ``(2) The prohibition in paragraph (1)(A) applies to voluntary 
contributions, as well as to contributions pursuant to assessment by 
the United Nations for the United States share of the costs of a 
peacekeeping activity.
    ``(b) Limitation on Use of Funds for Participation in United 
Nations 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 a United 
Nations peacekeeping activity only to the extent that Congress has by 
law specifically authorized the use of those funds for that purpose.
    ``(c) Covered Peacekeeping Activities.--In this section, the term 
`United Nations peacekeeping activity' means a peacekeeping activity 
carried out pursuant to a resolution of the United Nations Security 
Council for which costs are met (in whole or in part) through 
assessments by the United Nations to its member nations.''.
    (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, and any arrearages that 
accumulate as a result of assessments in excess of 25 percent of the 
total amount of all assessed contributions for any United Nations 
peacekeeping operation shall not be recognized or paid by the United 
States.''.
    (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) Provision of Intelligence Information to the United 
Nations.--Before intelligence information is provided by the United 
States to the United Nations, the President shall ensure that the 
Director of Central Intelligence, in consultation with the Secretary of 
State and the Secretary of Defense, has established guidelines 
governing the provision of intelligence information to the United 
Nations which shall protect intelligence sources and methods from 
unauthorized disclosure in accordance with section 103(c)(5) of the 
National Security Act of 1947 (50 U.S.C. 403-3(c)(5)).
    ``(b) Periodic and Special Reports.--(1) The President shall 
periodically report, but not less frequently than semiannually, to the 
Committee on International Relations and the Permanent Select Committee 
on Intelligence of the House of Representatives and the Committee on 
Foreign Relations and the Select Committee on Intelligence of the 
Senate on the types of intelligence provided to the United Nations and 
the purposes for which it was provided during the period covered by the 
report. The President shall also report to the Permanent Select 
Committee on Intelligence of the House of Representatives and the 
Select Committee on Intelligence of the Senate, within 15 days after it 
becomes known to him, any unauthorized disclosure of intelligence 
provided to the United Nations.
    ``(2) The requirement for periodic reports under the first sentence 
of paragraph (1) of this subsection shall not apply to the provision of 
intelligence that is provided only to, and for the use of, United 
States Government personnel serving with the United Nations.
    ``(c) Delegation of Duties.--The President may not delegate or 
assign the duties of the President under this section.
    ``(d) Improved Handling of Intelligence Information by the United 
Nations.--The Secretary of State (or the designee of the Secretary), in 
consultation with the Director of Central Intelligence and the 
Secretary of Defense, shall work with the United Nations to improve the 
handling, processing, dissemination, and management of all intelligence 
information provided to it by its members.
    ``(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 title 
        V of the National Security Act of 1947 (50 U.S.C. 413 et 
        seq.).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect 45 days after the date of the enactment of this Act.

     TITLE VI--EXPANSION OF THE NORTH ATLANTIC TREATY ORGANIZATION

SEC. 601. SHORT TITLE.

    This title may be cited as the ``NATO Expansion Act of 1995''.

SEC. 602. FINDINGS.

    The Congress makes the following findings:
            (1) Since 1949, 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) Although new threats are more geographically and 
        functionally diverse and less predictable, they still imperil 
        shared interests of the United States and its NATO allies.
            (5) Western interests must be protected on a cooperative 
        basis without an undue burden falling upon the United States.
            (6) NATO is the only multilateral organization that is 
        capable of conducting effective military operations to protect 
        Western interests.
            (7) 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.
            (8) NATO is an important diplomatic forum for discussion of 
        issues of concern to its member states and for the peaceful 
        resolution of disputes.
            (9) 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.
            (10) By joining the Partnership for Peace, a number of 
        countries have expressed interest in NATO membership.
            (11) The Partnership for Peace program is creating new 
        political and military ties with countries in Central and 
        Eastern Europe and provides the basis for joint action to deal 
        with common security problems. Active participation in the 
        Partnership for Peace will also play an important role in the 
        evolutionary process of NATO expansion.
            (12) 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) to expeditiously pursue joint cooperation agreements 
        for the acquisition of essential systems to significantly 
        increase the crisis management capability of NATO;
            (5) 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 in the near future, and, in accordance with 
        Article 10 of such Treaty, should be invited to become full 
NATO members, 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 the intelligence and other 
                        security services, so that these organizations 
                        do not pose a threat to democratic 
                        institutions, neighboring countries, or the 
                        security of NATO or the United States;
                            (v) adherence to the rule of law and to the 
                        values, principles, and political commitments 
                        set forth in the Helsinki Final Act and other 
                        declarations by the members of the Organization 
                        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 and ability to accept the 
                        obligations, responsibilities, and costs of 
                        NATO membership; and
                            (viii) commitment and ability 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;
            (6) 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;
            (7) to reaffirm article X of the North Atlantic Treaty and 
        the policy decision of the North Atlantic Council on December 
        1, 1994, that--
                    (A) each new member nation may be admitted to NATO 
                only by amendment to the North Atlantic Treaty; and
                    (B) each current NATO member nation will have to 
                complete the treaty amendment ratification process for 
                the admission of each new member nation to NATO, 
                subject to the internal legal processes of each current 
                NATO member nation, and that in the case of the United 
                States, the treaty amendment ratification process will 
                require advice and consent of two-thirds of the members 
                of the United States Senate present and voting;
            (8) that the expansion of NATO should be defensive in 
        nature and should occur in a manner that increases stability 
        for all nations of Europe, including both NATO member nations 
        and non-NATO member nations;
            (9) that NATO and its member nations should cooperate 
        closely with Russia on security issues and work to strengthen 
        other structures of security cooperation in Europe, including 
        the Organization on Security and Cooperation in Europe; and
            (10) that other European countries emerging from communist 
        domination 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 the intelligence and other 
                        security services, so that these organizations 
                        do not pose a threat to democratic 
                        institutions, neighboring countries, or the 
                        security of NATO or the United States;
                            ``(v) adherence to the rule of law and to 
                        the values, principles, and political 
                        commitments set forth in the Helsinki Final Act 
                        and other declarations by the members of the 
                        Organization 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 and ability to accept 
                        the obligations, responsibilities, and costs of 
                        NATO membership; and
                            ``(viii) commitment and ability 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 Partnership for Peace country 
                designated under section 203(d) of this title'' 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 Countries That Provide 
Defense Articles to Countries Supporting International Terrorism.--The 
President may not provide assistance to a country under the program 
established under subsection (a) if such country is selling or 
transferring defense articles to a state that has repeatedly provided 
support for acts of international terrorism, as determined by the 
Secretary of State under section 6(j) of the Export Administration Act 
of 1979.''.
    (e) Report Prior to Obligation or Expenditure of Funds.--Section 
203 of such Act (as amended by subsection (d)) is further amended by 
adding at the end the following:
    ``(h) Report Prior to Obligation or Expenditure of Funds.--Prior to 
providing assistance to a country for the first time through the 
program established under subsection (a), the President shall transmit 
to the designated congressional committees a report with respect to 
that country that contains a description of the following:
            ``(1) The cost of membership in NATO for the country and 
        the amount that the country is prepared to contribute to NATO 
        to pay for such cost of membership.
            ``(2) The amount that the United States will contribute to 
        facilitate transition to full NATO membership for the country.
            ``(3) The extent to which the admission to NATO of the 
        country would contribute to the security of the United States.
            ``(4) The views of other NATO member nations regarding the 
        admission to NATO of the country and the amounts that such 
        other NATO member nations will contribute to facilitate 
        transition to full NATO membership for the country.''.
    (f) 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); and
            (3) in paragraphs (1) and (2), 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).''.
    (g) 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 any full and active participant in 
        the Partnership for Peace that--
                    ``(A) 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) is among the following countries: 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, in order to protect against 
the diversion of defense funding to domestic discretionary accounts, 
so-called ``budget firewalls'' between defense and domestic 
discretionary spending should be established for each of fiscal years 
1996, 1997, and 1998.
                                 <all>
HR 872 IH----2
HR 872 IH----3
HR 872 IH----4
HR 872 IH----5
HR 872 IH----6