[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 5 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                  S. 5

  To clarify the war powers of Congress and the President in the post-
                            Cold War period.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 4, 1995

Mr. Dole (for himself, Mr. Helms, Mr. Thurmond, Mr. Cohen, Mr. Warner, 
   Mrs. Hutchison, Mr. McCain, Mr. Lott, Mr. Nickles, and Mr. Mack) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To clarify the war powers of Congress and the President in the post-
                            Cold War period.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Peace Powers Act of 1995''.

SEC. 2. REPEAL OF THE WAR POWERS RESOLUTION.

    (a) War Powers Resolution.--The War Powers Resolution (Public Law 
95-148; 50 U.S.C. 1541 et seq.) is repealed.
    (b) Conforming Repeal.--Section 1013 of the Department of State 
Authorization Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) is 
hereby repealed.

SEC. 3. CONSULTATION.

    The President in every possible instance shall consult with 
Congress before introducing United States Armed Forces into hostilities 
or into situations where imminent involvement in hostilities is clearly 
indicated by the circumstances, and after every such introduction shall 
consult regularly with the Congress until United States Armed Forces 
are no longer engaged in hostilities or have been removed from such 
situations.

SEC. 4. REPORTING.

    (a) Initial Reports.--In the absence of a declaration of war, in 
any case in which United States Armed Forces are introduced--
            (1) into hostilities or into situations where imminent 
        involvement in hostilities is clearly indicated by the 
        circumstances;
            (2) into the territory, airspace, or waters of a foreign 
        nation, while equipped for combat, except for deployments which 
        relate solely to supply, replacement, repair, or training of 
        such forces; or
            (3) in numbers which substantially enlarge United States 
        Armed Forces equipped for combat already located in a foreign 
        nation;
the President shall submit within 48 hours to the Speaker of the House 
of Representatives and to the President pro tempore of the Senate a 
report, in writing, setting forth--
            (A) the circumstances necessitating the introduction of 
        United States Armed Forces;
            (B) the constitutional and legislative authority under 
        which such introduction took place; and
            (C) the estimated scope and duration of the hostilities or 
        involvement.
    (b) Additional Information.--The President shall provide such other 
information as the Congress may request in the fulfillment of its 
constitutional responsibilities with respect to committing the Nation 
to war and to the use of United States Armed Forces abroad.
    (c) Periodic Reports.--Whenever United States Armed Forces are 
introduced into hostilities or into any situation described in 
subsection (a) of this section, the President shall, so long as such 
armed forces continue to be engaged in such hostilities or situation, 
report to the Congress periodically on the status of such hostilities 
or situation as well as on the scope and duration of such hostilities 
or situation, but in no event shall he report to the Congress less 
often than once every 6 months.

SEC. 5. LIMITATION ON PLACEMENT OF UNITED STATES ARMED FORCES UNDER 
              FOREIGN COMMAND FOR A UNITED NATIONS PEACEKEEPING 
              ACTIVITY.

    Section 6 of the United Nations Participation Act (22 U.S.C. 287d) 
is amended to read as follows:
    ``Sec. 6. (a) Any special agreement or agreements negotiated by the 
President with the Security Council providing for the numbers and types 
of United States Armed Forces, their degree of readiness and general 
locations, or the nature of facilities and assistance, including rights 
of passage, to be made available to the Security Council for the 
purpose of maintaining international peace and security in accordance 
with Article 43 of the United Nations Charter, shall be subject to the 
approval of the Congress by Act or joint resolution.
    ``(b) The President may not subordinate to the command or 
operational control of any foreign national any element of the United 
States Armed Forces participating in any United Nations peacekeeping 
activity unless--
            ``(1) the President satisfies the requirements of 
        subsection (c); or
            ``(2) the Congress enacts an Act or joint resolution 
        specifically authorizing such subordination.
    ``(c)(1) The requirements referred to in subsection (b)(1) are that 
the President submit to the designated congressional committees (at the 
time specified in paragraph (2) of this subsection) the following 
documents:
            ``(A) A determination by the President that--
                    ``(i) the proposed subordination of United States 
                Armed Forces to foreign command is in the national 
                security interest of the United States;
                    ``(ii) the unit commanders of the United States 
                Armed Forces proposed for subordination to the command 
                of foreign nationals will at all times retain the 
                ability to report independently to higher United States 
                military authorities;
                    ``(iii) the United States will retain authority to 
                withdraw the United States Armed Forces from the United 
                Nations peacekeeping activity at any time and to take 
                action it considers necessary to protect those forces 
                if they are endangered; and
                    ``(iv) the United States Armed Forces subordinated 
                to the command of foreign nationals will at all times 
                remain under United States administrative command for 
                such purposes as discipline and evaluation.
            ``(B) The justification for the determination made pursuant 
        to subparagraph (A)(i).
            ``(C) A memorandum of legal points and authorities 
        explaining why the proposed foreign command arrangement does 
        not violate the Constitution.
    ``(2) The documents described in paragraph (1) shall be submitted 
to the appropriate congressional committees not less than 15 days 
before any element of the United States Armed Forces is subordinated to 
the command and control of a foreign national, except that if the 
President determines that an emergency exists which prevents compliance 
with the requirement that notice be provided 15 days in advance, those 
documents shall be submitted in a timely manner but no later than 48 
hours after such subordination.
    ``(d) For purposes of this section, the term `appropriate 
committees of Congress' means--
            ``(1) the Committee on National Security, the Committee on 
        Appropriations, and the Committee on International Relations of 
        the House of Representatives; and
            ``(2) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Relations of the 
        Senate.''.

SEC. 6. REDUCTION OF UNITED NATIONS ASSESSMENTS TO THE UNITED STATES 
              FOR PEACEKEEPING OPERATIONS.

    (a) Annual Report.--The President shall, at the time of submission 
of the budget to Congress for any fiscal year, submit to the 
appropriate committees of Congress a report on the total amount of 
funds appropriated for national defense purposes for any fiscal year 
after fiscal year 1995 that were expended during the preceding fiscal 
year to support or participate in, directly or indirectly, United 
Nations peacekeeping activities. Such report shall include a breakdown 
by United Nations peacekeeping operation of the amount of funds 
expended to support or participate in each such operation.
    (b) Limitation.--In each fiscal year beginning with fiscal year 
1996, funds may be obligated or expended for payment to the United 
Nations of the United States assessed share of peacekeeping operations 
for that fiscal year only to the extent that such assessed share 
exceeds the total amount identified in the report submitted pursuant to 
subsection (a) for the preceding fiscal year, reduced by 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 fiscal year.
    (c) Definitions.--As used in this section:
            (1) 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 United 
        Nations Charter.
            (2) The term ``appropriate committees of Congress'' means--
                    (A) the Committee on National Security, the 
                Committee on Appropriations, and the Committee on 
                International Relations of the House of 
                Representatives; and
                    (B) the Committee on Armed Services, the Committee 
                on Appropriations, and the Committee on Foreign 
                Relations of the Senate.

SEC. 7. PRIOR CONGRESSIONAL NOTIFICATION OF SECURITY COUNCIL VOTES ON 
              UNITED NATIONS PEACEKEEPING ACTIVITIES.

    (a) Notice to Congress of Proposed United Nations Peacekeeping 
Activities.--Section 4 of the United Nations Participation Act of 1945 
(22 U.S.C. 287b) is amended--
            (1) by redesignating subsection (e) as subsection (g); and
            (2) by inserting after subsection (d) the following:
    ``(e) Notice to Congress of Proposed United Nations Peacekeeping 
Activities.--(1) Except as provided in paragraph (2), at least 15 days 
before any vote in the Security Council to authorize any United Nations 
peacekeeping activity or any other action under the Charter of the 
United Nations (including any extension, modification, suspension, or 
termination of any previously authorized United Nations peacekeeping 
activity or other action) which would involve the use of United States 
Armed Forces or the expenditure of United States funds, the President 
shall submit to the designated congressional committees a notification 
with respect to the proposed action. The notification shall include the 
following:
            ``(A) A cost assessment of such action (including the total 
        estimated cost and the United States share of such cost).
            ``(B) Identification of the source of funding for the 
        United States share of the costs of the action (whether in an 
        annual budget request, reprogramming notification, a rescission 
        of funds, a budget amendment, or a supplemental budget 
        request).
    ``(2)(A) If the President determines that an emergency exists which 
prevents submission of the 15-day advance notification specified in 
paragraph (1) and that the proposed action is in the national security 
interests of the United States, the notification described in paragraph 
(1) shall be provided in a timely manner but no later than 48 hours 
after the vote by the Security Council.
    ``(B) Determinations made under subparagraph (A) may not be 
delegated.
    ``(f) Adverse Personnel Actions and Criminal Penalties.--Any 
officer or employee of the United States Government who knowingly and 
willfully obligates or expends United States funds to carry out any 
Security Council action described in subsection (e) without the 
requirements of that subsection having been met shall be subject to the 
same adverse personnel actions and criminal penalties as are described 
in sections 1349 and 1350, respectively, of title 31, United States 
Code (originally enacted in the Anti-Deficiency Act).''.

SEC. 8. AVAILABILITY OF APPROPRIATIONS.

    Section 4 of the United Nations Participation Act of 1945 (22 
U.S.C. 2876), as amended by section 7, is further amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following:
    ``(g) Availability of Appropriations.--(1) The authority to 
obligate United States funds to carry out any action pursuant to a 
United Nations Security Council resolution under chapter VI or VII of 
the United Nations Charter may be exercised only to the extent and in 
the amounts provided in appropriation Acts.
    ``(2) The President, acting through the United States Permanent 
Representative to the United Nations, should advise the Security 
Council of the requirement of this section on each occasion when the 
United States supports a Security Council resolution that may result in 
United States assessed contributions to the United Nations exceeding 
amounts currently available to be obligated for that purpose.''.

SEC. 9. LIMITATION ON ASSESSMENT PERCENTAGE FOR PEACEKEEPING 
              ACTIVITIES.

    Section 404(b)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by adding at 
the end the following new sentence: ``Any penalties, interest, or other 
charges imposed on the United States in connection with such 
contributions shall be credited as a part of the percentage limitation 
contained in the preceding sentence.''.
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