104th CONGRESS 1st Session H. R. XX IN THE HOUSE OF REPRESENTATIVES Mr. Livingston introduced the following bill; which was referred to the Committee on XXXXXXXXXXXXXXX A BILL To improve 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. This Act may be cited as the ``National Security Act of 1995''. SEC. 2. PURPOSE AND FINDINGS. (a) Purpose.--The purpose of this Act is to ensure adequate resources to protect the national security of the United States. To accomplish this purpose, Congress should-- (1) realistically assess United States military needs and reverse the downward spiral of defense spending; (2) rapidly provide the American people, United States forces, and United States allies with a capable defense against missile attacks; (3) restrict deployment of United States troops to missions that are in the national interest of the United States; (4) maintain command and control by United States personnel of United States forces participating in multinational operations and reform the financial and operational relationship between the United States and the United Nations; and (5) reemphasize the commitment of the United States to a strong and viable NATO; (b) Findings.--Congress finds the following: (1) Since January 1993, presidential budgets and budget plans have set forth a reduction in defense spending of $156,000,000,000 through fiscal year 1999. (2) The fiscal year 1995 budget is the 10th consecutive year of reductions in defense spending and, with the exception of 1948, is projected to represent the lowest percentage of gross domestic product for any defense budget since before World War II. (3) During fiscal year 1995, active duty, reserve component, and civilian personnel of the Department of Defense will be reduced by 180,000 people, a rate of 15,000 per month or 500 per day. The Bureau of Labor Statistics estimates that 1,200,000 defense-related private sector jobs will be lost by 1997 (4) Despite severe reductions and shortfalls in defense funding and force structure, since 1993 United States military forces have been deployed more often and committed to more missions per year than ever before. Most of these missions involve United Nations peacekeeping and humanitarian efforts. Over 70,000 United States personnel are currently serving in such regions as Iraq, Bosnia, Macedonia, the Adriatic Sea, Rwanda, and the Caribbean Sea for missions involving Haiti and Cuba. (5) United Nations assessments to the United States for peacekeeping missions will total almost $1,500,000,000 in 1994. The United States pays 31.7 percent of annual United Nations costs for peacekeeping and other United Nations missions. The next highest contributor, Japan, only pays 12.5 percent. The Department of Defense also incurs hundreds of millions of dollars in cost 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 will total over $1,200,000,000. (6) A return to the ``hollow forces'' of the 1970s has already begun. Navy aircraft squadrons have been fully or partially grounded because of unexpected requirements to provide resources for new commitments. Department of Defense policy affecting personnel deployment is constantly violated. Marine and naval personnel are not maintaining the standard 12 to 18 month respite between six month deployments away from home. Marine Corps units are spending up to two of their first four years away from their base camps. (7) Military pay is approximately 12 percent below comparable civilian levels and documented reports estimate that nearly 55,000 active duty personnel and their families in the United States are eligible for food stamps. The Department of Defense will soon begin providing supplementary food benefits to an estimated 11,000 military dependents assigned overseas. (8) Defense programs to maintain the technology edge of the United States over other nations are being delayed or canceled in an attempt to prevent the further erosion of military force readiness. (9) The centerpiece of the Administration's defense strategy, the Bottom Up Review, reduces Navy ships by one-third, Air Force wings by almost one-half, missile defense funding by a billion dollars annually, and the General Accounting Office has reported that even the restrictive Bottom Up Review could be underfunded by $150,000,000,000. (10) The Administration has initially agreed to or proposed treaty limitations that prohibit the United States from testing or deploying our most effective missile defense systems. SEC. 3. MISSILE DEFENSE. (a) Purpose.--It shall be the policy of the United States to-- (1) deploy at the earliest possible moment an antiballistic missile system that is capable of providing a highly effective defense of the United States against ballistic missile attacks; and (2) provide at the earliest possible moment 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. (b) Actions of the Secretary of Defense.--(1) The Secretary of Defense shall develop for deployment at the earliest possible date a cost- effective, operationally effective antiballistic missile system designed to protect the United States against ballistic missile threats, including accidental or unauthorized launches of attacks from ``third world '' nations. (2) The Secretary of Defense shall develop for deployment at the earliest possible moment advanced theater missile defense systems. (3) Within 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives a plan for the deployment of theater missile defense systems and an antiballistic missile system pursuant to paragraphs (1) and (2). SEC. 4. COMMISSION ON NATIONAL SECURITY AND DEPARTMENT OF DEFENSE FORCE STRUCTURE AND READINESS FUNDING SHORTFALLS. (a) Establishment.--There is hereby established a Commission on National Security and Department of Defense Force Structure and Readiness Funding Shortfalls (hereinafter in this section referred to as the ``Commission''). (b) Composition.--(1) The Commission shall be composed of 12 members, appointed as follows: (A) Four members shall be appointed by the President. (B) Four members shall be appointed by the Speaker of the House of Representatives in consultation with the minority leader of the House of Representatives. (C) Four members shall be appointed by the President pro tempore of the Senate upon the recommendation of the majority leader and the minority leader of the Senate. (2) The members of the Commission shall be appointed from among persons having knowledge and experience in defense and foreign policy. (3) 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. (4) The members of the Commission shall be appointed not later than 21 days after the enactment of this Act. The Commission shall convene its first meeting to carry out its duties under this section 14 days after seven members of the Commission have been appointed. (5) The Chairman of the Commission shall be elected by and from the members of the Commission. (c) Duties.--The Commission, in conjunction with the Joint Working Group, shall first assess, report on, and issue funding recommendations within 90 days regarding the immediate supplemental funding needs in the current fiscal year for the Department of Defense to-- (1) restore the readiness and operating funds for Haiti operations; (2) restore military pay raise shortfalls; (3) restore operating funds to maintain troop deployments that are not longer than 6 months; (4) restore readiness related procurement funding (spares, etc.) and operating funds to prevent flying squadrons from being grounded and training curtailed. (d) Additional Duties.--To meet and improve the long-term national security needs of the United States, the Commission shall conduct a comprehensive review of our Nation's defense strategy, force structure, modernization, and infrastructure needs. This comprehensive review shall also report on and issue recommendations to-- (1) provide our service personnel annual pay raises and other compensation to prevent them from having to receive food stamps; (2) fully fund cost-effective missile defense systems that are deployable within 7 to 9 years; (3) accurately identify and restore the Administration's five year defense plan and force structure funding shortfalls; (4) restore funding to service readiness and operating accounts, but not at the expense of modernization programs; (5) define policies for committing troops to new peacekeeping, peace enforcement, or humanitarian missions; (6) fully assess the force structure and investment funding needed to wage two major regional conflicts simultaneously; (7) provide a stronger role for Guard and Reserve forces; (8) provide a new funding system to avoid raids on service operations accounts to pay for deployments such as Haiti and Rwanda; and (9) maintain modernization funding and ``cutting edge'' technology driven defense programs. (e) Joint Chiefs of Staff.--To assist it in carrying out its duties with respect to the matters listed in subsection (d), the Commission shall obtain a study from the Joint Chiefs of Staff on these matters. (f) Establishment of Joint Working Group.--To assist it in carrying out its duties with respect to the matter listed in paragraph (5) of subsection (d), the President shall establish a joint working group comprised of the National Security Advisor, the Secretary of State, and the Director of the Central Intelligence Agency, or their designees, who shall provide specific recommendations regarding such policies. (g) Report.--(1) The Commission shall submit to the President and the relevant congressional committees a final report on the assessments and recommendations referred to in subsection (c) and in subsection (d) not later than May 1, 1996. The report shall be submitted in unclassified and classified versions. (2) The Commission shall provide the President and the relevant congressional committees reports on a quarterly basis which elaborate on the Commission's progress in fulfilling its duties under subsection (d) and on the use of the funds available to the Commission. (3) For the purposes of this section, the term ``relevant congressional committees'' means the Committees on Appropriations and Armed Services of the Senate and House of Representatives, the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives. (h) Powers.--(1) 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. (2) The Commission may secure directly from any department or agency of the Federal Government such information, relevant to its duties under this section, 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. (3) 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. (4) The Secretary of Defense shall provide to the Commission such reasonable administrative and support services as the Commission may request. The Secretary shall provide similar services to the joint working group established under subsection (e) as the working group may request. (i) Commission Procedures.--(1) 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. (2) A majority of the members of the Commission shall constitute a quorum for the transaction of business. (j) Personnel Matters.--(1) 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. (2) 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 section 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 paragraph (other than the staff director) may be compensated at a rate to exceed the maximum rate applicable to level 15 of the General Schedule. (3) 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. (k) Termination of the Commission.--The Commission shall terminate upon submission of the final report required by subsection (g). (l) Appropriations.--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 section. SEC. 5. RESTRICTION ON MULTINATIONAL AND UNITED NATIONS COMMAND OF UNITED STATES FORCES. (a) Limitation.--Except as provided in subsection (b), 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 Act is placed under the operational control of a foreign national acting on behalf of a multinational force or organization. (b) Certification.--Subsection (a) shall not apply in the case of any proposed placement of United States Armed Forces under such operational control if, before such operational control is to become effective, the President certifies to Congress that such operational control is necessary to protect vital national security interests of the United States. (c) Report.--Within 10 days after a certification is made under subsection (b), the President shall submit to the Congress a report setting forth the following: (1) A description of the vital national security interest that requires the placement of United States Armed Forces under the operational control of a foreign national acting on behalf of a multinational force or organization. (2) The mission and objectives of the United States Armed Forces involved, and an estimate of the duration of the period during which the United States Armed Forces involved will serve under such foreign operational control. (3) The expected size and composition of the United States Armed Forces involved. (4) The incremental cost to the United States associated with the proposed operation. (5) The precise command and control relationship between the United States Armed Forces involved and the multinational force or organization. (6) The precise command and control relationship between the United States Armed Forces involved and the commander of the United States unified command for the region in which the operation is proposed. (7) The extent to which the United States Armed Forces involved will rely on non-United States military forces for security and self-defense and an assessment on the ability of those forces to provide adequate security to the United States Armed Forces involved. (d) Classification of Report.--A report under subsection (c) shall be submitted in unclassified form and, if necessary, in classified form. SEC. 6. LIMITATION ON PLACEMENT OF UNITED STATES ARMED FORCES UNDER FOREIGN CONTROL 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 appropriate 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) 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.''. SEC. 7. REDUCTION OF UNITED NATION ASSESSMENTS TO THE UNITED STATES FOR PEACEKEEPING OPERATIONS, CREDIT FOR UNITED STATES DEPARTMENT OF DEFENSE EXPENDITURES IN SUPPORT OF UNITED NATIONS PEACEKEEPING OPERATIONS, AND REFORM OF THE UNITED NATIONS PARTICIPATION ACT OF 1945. (a) Credit Against Assessment for United States Expenditures in Support of United Nations Peacekeeping Operations.-- (1) 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 1994 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. (2) 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. (3) Definitions.--As used in this subsection: (A) 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. (B) The term ``appropriate committees of Congress'' means-- (i) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives; and (ii) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate. (b) 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 striking the second sentence; (2) by inserting ``(a)'' before ``The President''; and (3) by adding at the end the following: ``(b)(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 appropriate congressional committees a notification with respect to the proposed action. The notification shall include the following: ``(A) A description of any anticipated involvement of United States Armed Forces. ``(B) A cost assessment of such action (including the total estimated cost and the United States share of such cost). ``(C) The mission and objectives of United States Armed Forces that would participate in such action. ``(D) The duration and estimated termination date of the action. ``(E) The source of funding for the United States share of the costs of the action (whether in an annual budget request, reprogramming notification, a budget amendment, or a supplemental budget request). ``(2) 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.''. (c) Transmittal to Congress of United Nations Resolutions and Reports.--Section 4 of the United Nations Participation Act of 1945 (22 U.S.C. 287b), as amended by subsection (b), is further amended by adding at the end the following: ``(c)(1) Not later than 24 hours after adoption by the Security Council of a resolution authorizing United Nations peacekeeping activities 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 Permanent Representative shall transmit the text of such resolution and any supporting documentation to the appropriate congressional committees. ``(2) The Permanent Representative shall promptly transmit to the appropriate congressional committees any report prepared by the United Nations containing an assessment of any proposed, ongoing, or concluded United Nations peacekeeping activity.''. (d) Notice to Congress Regarding contributions for United Nations Peacekeeping Activities.--Section 4 of the United Nations Participation Act of 1945 (22 U.S.C. 287b), as amended by subsections (b) and (c), is further amended by adding at the end the following: ``(d)(1) Not later than 15 days after the United Nations submits a billing requesting a payment by the United States of any contribution for United Nations peacekeeping activities, the President shall so notify the appropriate congressional committees. ``(2) The President shall notify the appropriate 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.''. (e) 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. 287dÿ091) 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 paragraph (2), 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 appropriate congressional committees. ``(2) If the President determines that an emergency exists which prevents compliance with the requirement that 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 the assistance or facility is made available to the United Nations. ``(3) For purposes of this subsection, the term `assistance'-- ``(A) means assistance of any kind, including logistical support, supplies, goods, or services (including command, control, communications or intelligence assistance and training), and the grant of rights of passage; and ``(B) includes assistance provided through in-kind contributions or through the provision of support, supplies, goods, or services on any terms, including on a grant, lease, loan, or reimbursable basis; but ``(C) does not include the payment of assessed or voluntary contributions.''. (f) United States Contributions to United Nations Peacekeeping Activities.--Section 4 of the United Nations Participation Act of 1945 (22 U.S.C. 287b), as amended by subsections (b), (c), and (d), is further amended by adding at the end the following: ``(e)(1) The President shall, at the time of submission of his annual budget to Congress, submit a report to the Congress on the anticipated budget for the fiscal year for United States participation in United Nations peacekeeping activities. ``(2) The report required by paragraph (1) shall state-- ``(A) 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 ``(B) 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. ``(3) The President shall include in the budget submission for fiscal year 1996 a projection of all United States costs for United Nations peacekeeping activities during each of fiscal years 1996, 1997, and 1998, including costs of in-kind contributions and assessed and voluntary contributions.''. (g) Annual Reports on United States Contributions to United Nations Peacekeeping Activities.--Section 4 of the United Nations Participation Act of 1945 (22 U.S.C. 287b), as amended by subsections (b), (c), (d), and (f), is further amended by adding at the end the following: ``(f)(1) Not later than 90 days after the date of the enactment of this subsection and each year thereafter at the time of the President's budget submission to Congress, the Secretary of State, after consultation with the heads of other relevant Federal agencies (including the Secretary of Defense), shall submit to the appropriate congressional committees a report on United States contributions to United Nations peacekeeping activities. ``(2) Each such report shall include the following information: ``(A) The number and nature of ongoing United Nations peacekeeping activities. ``(B) The priority accorded to each ongoing United Nations peacekeeping activity, and the anticipated duration of each such activity. ``(C) An assessment of the effectiveness of each ongoing United Nations peacekeeping activity, its relationship to United States national security interests, and the efforts by the United Nations to resolve the relevant armed conflicts; and the projected termination dates for each such activity. ``(D) The total costs of each United Nations peacekeeping activity, both ongoing and concluded, and the total cost of all such activities. ``(E) The amount of United States assessed and voluntary contributions to each such activity, and the total of such contributions to all such activities. ``(F) The incremental costs incurred by the Department of Defense for each such activity, and for all such activities. ``(G) Any other assistance made available by the United States for United Nations peacekeeping activities, specifying which assistance was provided on a reimbursable basis and which was provided on a nonreimbursable basis or on concessional terms. ``(H) An assessment of the United Nations management and support for United Nations peacekeeping activities, including all recommendations for improvement made by the United States and any action to implement such recommendations by the United Nations. ``(I) A detailed description (including dollar amounts expended and credited) of efforts by the United States Government to seek and receive credit toward the United States assessment for United Nations peacekeeping activities for all United States assistance provided in support of United Nations peacekeeping objectives. ``(3) The first report submitted pursuant to this subsection shall include information with respect to costs and contributions for all United Nations peacekeeping activities since October 1945. Subsequent reports shall include such information for the immediately preceding fiscal year and (to the extent such information is available) for the then current fiscal year.''. (h) Reimbursement to the United States for In-Kind Contributions to United Nations Peacekeeping Activities.--Section 7 of the United Nations Participation Act of 1945 (22 U.S.C. 287dÿ091), as amended by subsection (e), is further amended-- (1) in subsection (b)-- (A) by striking all that follows ``: Provided,'' through ``Provided further,''; (B) by adding at the end the following: ``The Secretary of Defense may waive the requirement for such reimbursement 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 appropriate congressional committees 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 subsections: ``(f) In any fiscal year (beginning in fiscal year 1995), appropriated funds may not be used to pay any United States assessed or voluntary contribution for United Nations peacekeeping activities until the Secretary of Defense certifies to the Congress that the United Nations has reimbursed the Department of Defense directly for all goods and services that were provided to the United Nations by the Department of Defense on a reimbursable basis during the preceding fiscal year for United Nations peacekeeping activities, including personnel and assistance provided under this section (except to the extent that the authority of subsection (b) to waive the reimbursement requirement was exercised with respect to such personnel or assistance). ``(g)(1) 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 are reimbursed at the appropriate value, as determined by the Department of Defense. ``(2) Not later than one year after the date of the enactment of this subsection, the Permanent Representative shall submit a report to the appropriate congressional committees on all actions taken by the United States mission to the United Nations to achieve the objective described in paragraph (1).''. (i) Limitation on Use of Department of Defense Funds for United Nations Peacekeeping Activities.--Beginning October 1, 1995, funds made available to the Department of Defense (including funds for ``Operation and Maintenance'') shall be available for-- (1) United States assessed or voluntary contributions for United Nations peacekeeping activities, or (2) the incremental costs associated with the participation of United States Armed Forces in United Nations peacekeeping activities, only to the extent that the Congress has by law specifically made those funds available for such purposes. (j) Assessed Contributions for United Nations Peacekeeping Activities.-- (1) Reassessment of contribution percentages.--The Permanent Representative should make every effort to ensure that the United Nations completes an overall review and reassessment of each nation's assessed contributions for United Nations peacekeeping activities. As part of the overall review and assessment, the Permanent Representative should make every effort to advance the concept that host governments and other governments in the region where a United Nations peacekeeping activity is carried out should bear a greater burden of its financial cost. (2) United states contributions.--(A) The Permanent Representative should make every effort to obtain agreement by the United Nations to a United States assessed contribution for United Nations peacekeeping activities that is no greater a percentage of such contributions by all countries than the United States percentage share of assessed contributions for other United Nations activities. (B) The Congress declares that, effective for fiscal year 1996, it does not intend to make available funds for payment of United States assessed or voluntary contributions for United Nations peacekeeping activities that exceed 25 percent of the total amount of the assessed and voluntary contributions of all countries for such activities unless, after the date of the enactment of this Act, the Congress enacts a statute specifically authorizing a greater percentage contribution. (C) The Permanent Representative shall inform the Secretary General of the congressional intent expressed in subparagraph (B). (k) ``Buy America'' 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 appropriate 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. (l) United States Personnel Taken Prisoner While Serving in Multilateral Peacekeeping Forces.-- (1) Findings.--The Congress finds as follows: (A) Until recent years United States military personnel rarely served as part of multilateral forces under the United Nations or regional international organizations. (B) Despite infrequent service as part of multilateral forces, United States personnel, such as Colonel William Higgins in Lebanon, have been captured, tortured, and murdered. (C) In recent years, United States military personnel have served much more frequently as part of multilateral forces. (D) The capture and torture of Chief Warrant Officer Michael Durant in Somalia in October 1993 was a horrendous and recent example of the risk to United States personnel in multilateral forces. (E) Continued multilateral service increases the probability that United States military personnel will be captured and subject to mistreatment. (F) United States military personnel captured while serving as part of multilateral forces have not been treated as prisoners of war under the 1949 Geneva Conventions and other international agreements intended to protect prisoners of war. (G) Failure of United States military personnel serving as part of a multilateral force to receive protection under international law increases the risk to personnel while serving in multinational forces. (2) Policy.--It is the sense of the Congress that-- (A) the President should take immediate steps, unilaterally and in appropriate international bodies, to assure that any United States military personnel serving as part of a multilateral force who are captured are accorded the protection accorded to prisoners of war; and (B) the President should also take all necessary steps to bring to justice all individuals responsible for any mistreatment, torture, or death of United States military personnel who are captured while serving in a multilateral force. (3) Report.--Each report submitted pursuant to section 4(f) of the United Nations Participation Act of 1945 (as added by subsection (g)), shall include a separate section setting forth-- (A) the status under international law of members of multilateral peacekeeping forces, including the legal status of such personnel if captured, missing, or detained; (B) the extent of the risk for United States military personnel who are captured while participating in multinational peacekeeping forces in cases where their captors fail to respect the 1949 Geneva Conventions and other international agreements intended to protect prisoners of war; and (C) the specific steps that have been taken to protect United States military personnel participating in multinational peacekeeping forces, together (if necessary) with any recommendations for the enactment of legislation to achieve that objective. (m) Provision of Intelligence to the United Nations.-- (1) Requirement for agreements.--The United States may provide intelligence to the United Nations only pursuant to a written agreement between the President and the Secretary General of the United Nations specifying-- (A) the types of intelligence to be provided to the United Nations; (B) the circumstances under which intelligence may be provided to the United Nations; and (C) the procedures to be observed by the United Nations-- (i) concerning who shall have access to the intelligence provided; and (ii) to protect the intelligence against disclosure not authorized by the agreement. Any such agreement shall be effective for a period not to exceed one year from the date on which the agreement enters into force. (2) Advance notification to congress.--An agreement described in paragraph (1) shall be effective only if the President has transmitted the agreement to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives not less than 30 days in advance of the entry into force of the agreement. (3) Delegation of authority.--The President may delegate the authority and assign the duties of the President under this section only to the Secretary of Defense or the Director of Central Intelligence. (4) Exceptions.--Paragraph (1) shall not apply to the provision of intelligence-- (A) only to and for the use of United States Government personnel serving with the United Nations; or (B) essential for the protection of nationals of the United States, including members of the United States Armed Forces and civilian personnel of the United States Government. (5) Existing law.--Nothing in this subsection shall be construed to-- (A) 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. 403ÿ093(c)(5)); or (B) supersede or otherwise affect the provisions of-- (i) title V of the National Security Act of 1947 (50 U.S.C. 413ÿ09415); or (ii) section 112b of title 1, United States Code. (6) Effective date.--This subsection takes effect 60 days after the date of the enactment of this subsection. (n) United Nations Peacekeeping Budgetary and Management Reform.-- (1) Withholding of contributions for united nations peacekeeping.--(A) At the beginning of each fiscal year (beginning with fiscal year 1996), 50 percent of the amounts of funds made available for United States assessed contributions for United Nations peacekeeping activities shall be withheld from obligation and expenditure unless a certification has been made under paragraph (2). (B) For each fiscal year (beginning with fiscal year 1996), the United States may not pay any voluntary contribution for international peacekeeping activities unless a certification has been made under paragraph (2). (2) Certification.--The certification referred to in paragraph (1) is a certification by the President to Congress that-- (A) the United Nations has established an independent and objective Office of Inspector General to conduct and supervise audits, inspections, and investigations relating to the United Nations peacekeeping activities carried out by the United Nations; (B) the Secretary General of the United Nations has appointed an Inspector General, with the consent of the General Assembly, solely the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations; (C) the United Nations Office of Inspector General is authorized to-- (i) make investigations and reports relating to the administration of the United Nations peacekeeping activities carried out by the United Nations; (ii) have access to all records and documents or other material available which relate to those activities; and (iii) have direct and prompt access to relevant officials of the United Nations, including any official of the United Nations Secretariat; (D) the United Nations Office of Inspector General is keeping the Secretary General and the members of the Security Council fully informed about problems, deficiencies, and the necessity for, and progress of, corrective action; (E) the United Nations has established measures to protect the identity of, and to prevent reprisals against, any staff member making a complaint or disclosing information to, or cooperating in any investigation or inspection by the Office of the Inspector General; and (F) the United Nations has enacted procedures to ensure compliance with Inspector General recommendations. SEC. 8. RESTORATION OF BUDGET FIREWALLS FOR DEFENSE SPENDING. It is the sense of Congress that, when the annual long-term and accurate funding needs for the Department of Defense are determined by the Commission on National Security and Department of Defense Force Structure and Readiness Funding Shortfalls pursuant to section 4(d), the Congress should immediately enact legislation to establish through fiscal year 1999 so-called ``budget firewalls'' between defense and domestic discretionary spending. SEC. 9. UNITED STATES POLICY WITH RESPECT TO THE NORTH ATLANTIC TREATY ORGANIZATION. (a) Short Title.--This section may be cited as the ``NATO Revitalization and Expansion Act of 1995''. (b) Findings.--The Congress makes the following findings: (1) For over 40 years, the North Atlantic Treaty Organization has helped guarantee the security, freedom, and prosperity of the United States and our partners in the alliance. (2) The North Atlantic Treaty Organization has expanded its membership on 3 different occasions since its founding in 1949. (3) The steadfast and sustained commitment of the member countries of the North Atlantic Treaty Organization to mutual defense against the threat of Communist domination played a significant role in precipitating the collapse of the Iron Curtain and the demise of the Soviet Union. (4) In the place of that threat, new security threats are emerging to the shared interests of the member countries of the North Atlantic Treaty Organization. (5) Although these new threats are more geographically and functionally diverse and less predictable, they still imperil shared interests of the United States and our North Atlantic Treaty Organization allies. (6) Western interests must be protected on a cooperative basis without an undue burden falling upon the United States. (7) The North Atlantic Treaty Organization is the only multilateral organization that is capable of conducting effective military operations to protect Western interests. (8) The valuable experience gained from ongoing military cooperation within the North Atlantic Treaty Organization was critical to the success of joint military operations in the 1991 liberation of Kuwait. (9) The North Atlantic Treaty Organization is an important diplomatic forum for discussion of issues of concern to its member states and for the peaceful resolution of disputes. (10) Admission of Central and East European countries that have recently been freed from Communist domination to the North Atlantic Treaty Organization could contribute to international peace and enhance the security of those countries. (11) A number of countries, including the Visegrad countries (the Czech Republic, Hungary, Poland, and Slovakia) and the Baltic states (Estonia, Latvia, and Lithuania), and Ukraine, have expressed interest in North Atlantic Treaty Organization membership. (12) In recognition of this interest, the ``Partnership for Peace'' proposal offers limited military cooperation to many European countries not currently members of the North Atlantic Treaty Organization, but fails to establish benchmarks or guidelines for eventual North Atlantic Treaty Organization membership. (13) In particular, Poland, Hungary, the Czech Republic, and Slovakia have made significant progress toward establishing democratic institutions, free market economies, civilian control of their armed forces, and the rule of law since the fall of their previous Communist governments. (c) United States Policy.--It should be the policy of the United States-- (1) to continue our commitment to and active leadership role in the North Atlantic Treaty Organization; (2) to join with our North Atlantic Treaty Organization 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 North Atlantic Treaty Organization 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 North Atlantic Treaty Organization military planning should include joint military operations beyond the geographic bounds of the alliance under Article 4 of the North Atlantic Treaty when the shared interests of the United States and other member countries require such action to defend vital interests; (4) that Poland, Hungary, the Czech Republic, and Slovakia should be in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area not later than January 10, 1999, 5 years from the date of the establishment of the Partnership for Peace, and, in accordance with Article 10 of such Treaty, should be invited to become full NATO members not later than that date, provided these countries-- (A) meet appropriate standards, including-- (i) shared values and interests, (ii) democratic governments, (iii) free market economies, (iv) civilian control of the military, (v) adherence to the values, principles, and political commitments embodied in the Helsinki Final Act of the Conference on Security and Cooperation in Europe, and (vi) commitment to further the principles of the North Atlantic Treaty Organization and to contribute to the security of the North Atlantic area; and (B) remain committed to protecting the rights of all their citizens and respecting the territorial integrity of their neighbors; (5) that the United States, other NATO member nations, and NATO itself should furnish appropriate assistance to facilitate the transition of Poland, Hungary, the Czech Republic, and Slovakia to full NATO membership not later than January 10, 1999; and (6) that other European countries, in particular the Baltic states (Estonia, Latvia, and Lithuania), and Ukraine, 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. (d) Authority for Program To Facilitate Transition to NATO Membership.-- (1) In general.--The President may establish a program to assist the transition to full NATO membership of Poland, Hungary, the Czech Republic, Slovakia, and other European countries emerging from communist domination designated by the President pursuant to paragraph (5). (2) Conduct of program.--The program established under paragraph (1) shall facilitate the transition to full NATO membership of the countries described in such subsection by supporting and encouraging, inter alia-- (A) joint planning, training, and military exercises with NATO forces; (B) greater interoperability of military equipment, air defense systems, and command, control, and communications systems; and (C) conformity of military doctrine. (3) Type of assistance.--In carrying out the program established under paragraph (1), the President may provide to the countries described in such subsection the following types of security assistance: (A) The transfer of excess defense articles under section 516 of Foreign Assistance Act of 1961, without regard to the restrictions in paragraphs (1) through (3) of subsection (a) of such section (relating to the eligibility of countries for such articles under such section). (B) The transfer of nonlethal excess defense articles under section 519 of the Foreign Assistance Act of 1961, without regard to the restriction in subsection (a) of such section (relating to the justification of the foreign military financing program for the fiscal year in which a transfer is authorized). (C) Assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the Economic Support Fund). (D) Assistance under chapter 5 of part II of that Act (relating to international military education and training). (E) Assistance under section 23 of the Arms Export Control Act (relating to the ``Foreign Military Financing Program''). (4) Additional assistance.--In addition to the security assistance provided under paragraph (3), the President may, in carrying out the program established under paragraph (1), provide assistance from funds appropriated after the date of the enactment of this Act under the following accounts: (A) The ``Nonproliferation and Disarmament Fund'' account. (B) The ``Countries in Transition'' account. (5) Designation of other european countries emerging from communist domination.--The President may designate other European countries emerging from communist domination to receive assistance under the program established under paragraph (1) if the President determines and reports to the appropriate congressional committees that such countries- (A) have made significant progress toward establishing-- (i) shared values and interests, (ii) democratic governments, (iii) free market economies, (iv) civilian control of the military, (v) adherence to the values, principles, and political commitments embodied in the Helsinki Final Act of the Conference on Security and Cooperation in Europe, and (vi) commitment to further the principles of the North Atlantic Treaty Organization and to contribute to the security of the North Atlantic area; and (B) are likely, within 5 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. (e) Reporting Requirement.-- (1) In general.--Not later than one year after the date of enactment of this Act, and at least once every year thereafter, the President shall submit to the appropriate congressional committees a report on the implementation of this section. (2) Contents.--Each such report shall include-- (A) an assessment of the progress made by Poland, Hungary, the Czech Republic, Slovakia, and other European countries emerging from communist domination designated by the President pursuant to section subsection (d)(5) toward meeting the standards for NATO membership set forth in Article 10 of the North Atlantic Treaty, including-- (i) an assessment of the progress of such countries toward establishing-- (I) shared values and interests, (II) democratic governments, (III) free market economies, (IV) civilian control of the military, (V) adherence to the values, principles, and political commitments embodied in the Helsinki Final Act of the Conference on Security and Cooperation in Europe, and (VI) commitment to further the principles of the North Atlantic Treaty Organization and to contribute to the security of the North Atlantic area; and (ii) the commitment of such countries to protecting the rights of all their citizens and respecting the territorial integrity of their neighbors; (B) a description of all assistance provided under the program established under section 4, or otherwise provided by the United States Government to facilitate the transition to full NATO membership of Poland, Hungary, the Czech Republic, Slovakia, and other European countries emerging from communist domination designated by the President pursuant to subsection (d)(5); and (C) a description of all assistance provided by other NATO member nations or NATO itself to facilitate the transition to full NATO membership of Poland, Hungary, the Czech Republic, Slovakia, and other European countries emerging from communist domination designated by the President pursuant to subsection (d)(5). (f) Definitions.-- For purposes of this section, the following definitions apply: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate. (2) NATO.--The term ``NATO'' means the North Atlantic Treaty Organization. (3) Other european countries emerging from communist domination.--The term ``other European countries emerging from communist domination'' means-- (A) any member of the Conference on Security and Cooperation in Europe located-- (i) in the territory of the former Union of Soviet Socialist Republics; or (ii) in the territory of the former Socialist Federal Republic of Yugoslavia; or (B) Estonia, Latvia, Lithuania, Romania, Bulgaria, or Albania.