[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 158 Introduced in House (IH)]







105th CONGRESS
  1st Session
H. CON. RES. 158

 Condemning the deployment of United States military personnel in the 
   service of the United Nations in the former Yugoslav Republic of 
                               Macedonia.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 1997

Mrs. Chenoweth (for herself, Mr. Bartlett of Maryland, and Mr. Hall of 
    Texas) submitted the following concurrent resolution; which was 
 referred to the Committee on International Relations, and in addition 
to the Committee on National Security, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
 Condemning the deployment of United States military personnel in the 
   service of the United Nations in the former Yugoslav Republic of 
                               Macedonia.

Whereas Article I, section 9, clause 8 of the Constitution of the United States 
        prohibits any person holding an office of profit or trust under the 
        United States from accepting any office from a foreign government 
        without the consent of Congress;
Whereas all Federal employees, including all military personnel, hold offices of 
        profit or trust under the United States;
Whereas the United Nations has been construed to be a ``foreign government'' 
        under section 7342 of title 5, United States Code, a provision of law 
        that prohibits the acceptance of gifts or decorations by Federal 
        employees from foreign governments;
Whereas the United Nations Participation Act of 1945 expressly prohibits the 
        President from deploying United States military personnel in service of 
        the United Nations for actions taken under Chapter VII of the United 
        Nations Charter without the approval of Congress;
Whereas United Nations resolutions concerning all deployments in the former 
        Yugoslavia, including the former Yugoslav Republic of Macedonia, have 
        relied upon Chapter VII of the United Nations Charter for its authority 
        for the deployment of troops;
Whereas President Clinton has deployed United States military personnel to this 
        battle-torn region and such personnel have been ordered to assume the 
        additional office of ``U.N. soldier'';
Whereas all officers who command United Nations forces take the following oath 
        of exclusive loyalty to the United Nations: ``I solemnly affirm to 
        exercise in all loyalty, discretion and conscience the functions 
        entrusted to me as a member of the international service of the United 
        Nations, to discharge those functions and regulate my conduct with the 
        interest of the United Nations only in view, and not to seek or accept 
        instructions in respect to the performance of my duties from any 
        government or other authority external to the organization'';
Whereas Congress has not consented to the deployment of United States military 
        personnel to the former Yugoslav Republic of Macedonia as required by 
        the United Nations Participation Act of 1945;
Whereas it is the inherent right of every United States citizen to maintain a 
        singular loyalty to this Nation;
Whereas it has been the high privilege and honor of many of our bravest citizens 
        to serve alongside the military of other nations, but it is a grave 
        violation of the rights of a citizen-soldier to coerce that soldier to 
        become a member of any military other than that of the United States;
Whereas any legislative mandate ordering the President to comply with the 
        applicable law may place United States servicemen and servicewomen into 
        unnecessary difficulties; and
Whereas the Congress believes the best interest of both our Nation and our 
        military personnel necessitates a deliberate path in seeking voluntary 
        compliance with the law by the President: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That the Congress--
            (1) condemns the deployment of United States military 
        personnel in the service of the United Nations in the former 
        Yugoslav Republic of Macedonia as a violation of both the 
        Constitution and the laws of the United States;
            (2) calls upon the President to perform his constitutional 
        duty as Commander-in-Chief by forthwith taking total command of 
        all United States military personnel participating in United 
        Nations operations, to take the appropriate steps to ensure 
        that United States military personnel wear only the uniform of 
        the United States without any items from the United Nations, 
        and to carry military identity cards issued by the United 
        States only and not by the United Nations; and
            (3) calls upon the President to take expeditiously all 
        steps necessary to resolve all existing conflicts with United 
        States military personnel who have bravely stood for the right 
        to be exclusively loyal to this Nation and who have refused to 
        serve under foreign commanders in foreign uniforms consistent 
        with the constitutional and principles of this resolution.
                                 <all>